2001 REGULAR SESSION (71st)                                                                            A AB443 315

Amendment No. 315

 

Assembly Amendment to Assembly Bill No. 443                                                                (BDR 24‑986)

Proposed by: Committee on Elections, Procedures, and Ethics

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 1, line 2, by deleting:

“to 5, inclusive,” and inserting “and 3”.

     Amend sec. 2, pages 1 and 2, by deleting lines 5 through 17 on page 1 and lines 1 and 2 on page 2, and inserting:

“subdivision of this state or an agency thereof, other than a building of a public elementary or secondary school, an area must be made available for the use of any person to gather signatures on a petition at any time that the building is open to the public. The area must be reasonable and may be inside or outside of the building. Each public officer or employee in control of the operation of a building governed by this subsection shall designate and approve the area required by this subsection for the building.

     2.  Before a person may use an area designated pursuant to subsection 1, the person must notify the public officer or employee in control of the operation of the building governed by subsection 1 of the dates and times that the person intends to use the area to gather signatures on a petition. The public officer or employee may not deny the person the use of the area.

     3.  A person aggrieved by a decision made by a public officer or employee pursuant to subsection 1 may appeal the decision to the secretary of state. The secretary of state shall review the decision to determine whether the public officer or employee designated a reasonable area as required by subsection 1.

     4.  The decision of the secretary of state is a final decision for the purposes of judicial review. The decision of the secretary of state may only be appealed in the first judicial district court.

     5.  The secretary of state may adopt regulations to carry out the provisions of subsection 3.”.

     Amend the bill as a whole by deleting sections 4 through 10 and renumbering sections 11 and 12 as sections 4 and 5.

     Amend sec. 12, page 8, by deleting lines 47 through 49 and inserting:

“percent of the registered voters of the [municipality who together with any corporate petitioners own not less than 2 percent in assessed value of the taxable property of the] municipality. Any member elected to the governing”.

     Amend sec. 12, page 9, by deleting lines 6 through 9 and inserting:

“of the close of registration for the last preceding general election . [and assessed values must be determined from the next preceding final assessment roll. An authorized corporate officer may sign such a petition whether or not he is a registered voter.] The resolution of intent need not be”.

     Amend the bill as a whole by deleting sec. 13.

     Amend the title of the bill by deleting the third through ninth lines and inserting:

“expending money to support or oppose candidates or ballots questions; extending the period for gathering signatures on certain petitions; and providing other matters properly relating”.