INTRODUCED BY REPRESENTATIVES KREIDER (Sponsor), GAW, KISSELL, ROBIRDS, BERKSTRESSER AND BARTELSMEYER.
Read 1st time September 8, 1997 and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
L1875.02I
AN ACT
To repeal section 115.125, as truly agreed to in house committee substitute for senate bill No.
132 enacted during the first regular session of the eighty-ninth general assembly, relating to
notification of elections, and to enact in lieu thereof one new section relating to the same subject,
with an emergency clause.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 115.125, as truly agreed to in house committee substitute for senate bill No. 132 enacted during the first regular session of the eighty-ninth general assembly, is repealed and one new section enacted in lieu thereof, to be known as section 115.125, to read as follows:
115.125. 1. Not later than 5:00 p.m. on the tenth Tuesday prior to any election, except a special election to decide an election contest, tie vote or an election to elect seven members to serve on a school board of a district pursuant to section 162.241, RSMo, or [notwithstanding any prior laws to the contrary, in the year 1996 and thereafter, within seven working days after the candidates' names are certified to the officer, whichever is later] a delay in notification pursuant to subsection 2, 3 or 4 of this section, or pursuant to the provisions of section 115.399, the officer or agency calling the election shall notify the election authorities responsible for conducting the election. The notice shall be in writing, shall specify the name of the officer or agency calling the election and shall include a certified copy of the legal notice to be published pursuant to subsection 2 of section 115.127. The notice and any other information required by this section may [be delivered], with the prior notification to the election authority receiving the notice, be accepted by facsimile transmission prior to 5:00 p.m. on the tenth Tuesday prior to the election, provided that the original copy of the notice and a certified copy of the legal notice to be published shall be [delivered by certified United States mail for receipt by the election authorities within ten days of the delivery by facsimile transmission] received in the office of the election authority within three business days from the date of the facsimile transmission. In lieu of a certified copy of the legal notice to be published pursuant to subsection 2 of section 115.127, each notice of a special election to fill a vacancy shall include the name of the office to be filled, the date of the election and the date by which candidates must be selected or filed for the office. Not later than the fourth Tuesday prior to any special election to fill a vacancy called by a political subdivision or special district, the officer or agency calling the election shall certify a sample ballot to the election authorities responsible for conducting the election.
2. Except as provided for in sections 115.247 and 115.359, if there is no additional cost for the printing or reprinting of ballots or if the political subdivision or special district calling for the election agrees to pay any printing or reprinting costs, a political subdivision or special district may, at any time after certification required in subsection 1 of this section, but no later than 5:00 p.m. on the sixth Tuesday before the election, be permitted to make late notification to the election authority pursuant to court order, which, except for good cause shown by the election authority in opposition thereto, shall be freely given upon application by the political subdivision or special district to the circuit court of the area of such subdivision or district.
3. Notwithstanding the provisions of subsection 1 of this section and in addition to the procedures set forth in subsection 2 of this section, if a newly enacted or reenacted statute which authorizes a political subdivision or other local public authority to refer to the electorate a question of imposing a tax, issuing bonds or approving any other issue becomes effective after the tenth Tuesday and before the fourth Tuesday prior to an election permitted by section 115.123, the political subdivision or other local public authority may submit such a question at such election by notifying the election authority or authorities responsible for conducting the election not later than four weeks after such statute becomes effective, but in no event later than 5:00 p.m. on the fourth Tuesday prior to such an election, and if such notice is so given, the question shall thereupon be submitted at such election. The notice shall be in writing, shall specify the name of the political subdivision or other local authority calling the election and shall include a certified copy of the legal notice to be published pursuant to subsection 2 of section 115.127. The notice and any other information required by this subsection may, with the prior notification to the election authority receiving the notice, be accepted by facsimile transmission, provided that the original copy of the notice and a certified copy of the legal notice to be published shall be received in the office of the election authority within three days from the date of the facsimile transmission.
4. Notwithstanding the provisions of section 116.240, RSMo, and subsection 1 of this section, (i) if a newly enacted or reenacted statute which authorizes submission to the statewide electorate of a question of imposing a tax, issuing bonds or approving any other issue becomes effective after the tenth Tuesday and before the fifth Tuesday prior to an election permitted by section 115.123; (ii) if a joint resolution proposing an amendment to the constitution is finally adopted by the general assembly after the tenth Tuesday and before the fifth Tuesday prior to an election permitted by section 115.123; or (iii) if a special election with respect to an issue to be referred to the people is finally ordered by the general assembly in the exercise of its constitutional authority after the tenth Tuesday and before the fifth Tuesday prior to an election permitted by section 115.123; the governor may order any such statewide issue or issues to be placed upon the ballot at such election by notifying the secretary of state not later than 5:00 p.m. on the fifth Tuesday prior to such election. If such notice is given by the governor to the secretary of state, the secretary of state shall proceed to take the actions specified in sections 116.210, 116.220 and 116.230, RSMo, and shall send to each election authority a certified copy of the legal notice to be published pursuant to subsection 2 of section 115.127, including the date and time of the election, and a sample ballot not later than 5:00 p.m. on the fourth Tuesday prior to such an election. The notice and other information may be transmitted by facsimile transmission, provided that a certified copy of the legal notice and other information to be provided is transmitted by the United States Postal Service or courier or express service which is scheduled to be received by the election authority within three days from the date of such facsimile transmission.
Section B. Because of the decision of the Missouri Supreme Court in "Tillis, et al. v. City of
Branson", Case No. 79640, on May 27, 1997, holding sections 94.800 to 94.825, RSMo 1994,
unconstitutional, the anticipated revenues from tourism taxes adopted pursuant to those sections
are not available to retire bonds and other indebtedness issued in reliance upon those anticipated
tourism tax revenues. If the tourism taxes are not reauthorized and reimposed at the November,
1997, election, a default will occur upon said bonds. In excess of twenty million dollars of such
previously issued bonds are payable to the Missouri Environmental Improvement and Energy
Resources Authority, an instrumentality of the state of Missouri created by section 260.010,
RSMo, which in turn has issued bonds in reliance upon scheduled payments to be made to the
Authority under the bonds issued in reliance upon the tourism tax revenues. A default in payment
on the bonds held by the Authority will result in the depletion of the Water and Wastewater Loan
Fund created by section 644.122, RSMo, thus jeopardizing the ability of the state of Missouri to
make necessary loans for wastewater treatment facilities which will have an immediate and
deleterious effect on the waterways of the state of Missouri and upon the public health and safety.
Such will also have an immediate and lasting deleterious effect upon the creditworthiness, bond
ratings and rates of interest chargeable on certain bonds, and may have such an effect on other
bonds, issued in the future by the state of Missouri, its instrumentalities and political subdivisions.
Because of the foregoing considerations, the need to submit to the electorate questions to raise
revenues to retire bonds previously issued in reliance upon anticipated tourism taxes and the need
to fund infrastructure improvements, to continue existing programs to promote tourism, and to
provide for services and infrastructure to accommodate tourism pursuant to statutes which do not
become effective until after the tenth Tuesday before the November election, this act is deemed
necessary for the immediate preservation of the public health, welfare, peace and safety and is
hereby declared to be an emergency act within the meaning of the constitution, and this act shall
be in full force and effect upon its passage and approval.
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