☰ Revisor of Missouri

  III Section 1.  Legislative power — general assembly. — The legislative power shall be vested in a senate and house of representatives to be styled "The General Assembly of the State of Missouri."

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Source: Const. of 1875, Art. IV, § 1.

(1957) The senate, acting independently, has no power to create committees to sit after adjournment of the general assembly but both houses of the general assembly acting jointly by resolution may create such committees. State ex rel. Jones v. Atterbury (Mo.), 300 S.W.2d 806.

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  *III Section 2.  Prohibited activities by General Assembly members and employees — campaign contribution limits and restrictions. — (a)  After December 6, 2018, no person serving as a member of or employed by the general assembly shall act or serve as a paid lobbyist, register as a paid lobbyist, or solicit prospective employers or clients to represent as a paid lobbyist during the time of such service until the expiration of two calendar years after the conclusion of the session of the general assembly in which the member or employee last served and where such service was after December 6, 2018.

  (b)  No person serving as a member of or employed by the general assembly shall accept directly or indirectly a gift of any tangible or intangible item, service, or thing of value from any paid lobbyist or lobbyist principal.  This Article shall not prevent candidates for the general assembly, including candidates for reelection, or candidates for offices within the senate or house from accepting campaign contributions consistent with this Article and applicable campaign finance law.  Nothing in this section shall prevent individuals from receiving gifts, family support or anything of value from those related to them within the fourth degree by blood or marriage.

  (c)  The general assembly shall make no law authorizing unlimited campaign contributions to candidates for the general assembly, nor any law that circumvents the contribution limits contained in this Constitution.  In addition to other campaign contribution limitations or restrictions provided for by law, the amount of contributions made to or accepted by any candidate or candidate committee from any person other than the candidate in any one election to the office of state representative or state senator shall not exceed the following:

  (1)  To elect an individual to the office of state senator, two thousand four hundred dollars; and

  (2)  To elect an individual to the office of state representative, two thousand dollars.

  The contribution limits and other restrictions of this section shall also apply to any person exploring a candidacy for the office of state representative or state senator.

  (d)  No contribution to a candidate for legislative office shall be made or accepted, directly or indirectly, in a fictitious name, in the name of another person, or by or through another person in such a manner as to, or with the intent to, conceal the identity of the actual source of the contribution.  There shall be a rebuttable presumption that a contribution to a candidate for public office is made or accepted with the intent to circumvent the limitations on contributions imposed in this section when a contribution is received from a committee or organization that is primarily funded by a single person, individual, or other committee that has already reached its contribution limit under any law relating to contribution limitations.  A committee or organization shall be deemed to be primarily funded by a single person, individual, or other committee when the committee or organization receives more than fifty percent of its annual funding from that single person, individual, or other committee.

  (e)  In no circumstance shall a candidate be found to have violated limits on acceptance of contributions if the Missouri ethics commission, its successor agency, or a court determines that a candidate has taken no action to indicate acceptance of or acquiescence to the making of an expenditure that is deemed a contribution pursuant to this section.

  (f)  No candidate shall accept contributions from any federal political action committee unless the committee has filed the same financial disclosure reports that would be required of a Missouri political action committee.

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(Adopted November 6, 2019) (Amended November 3, 2020)

*Transferred 2018; now Article III, § 3.  This new section has no continuity with the former version.

(2024)  As applied, Missouri's two year ban on lobbying by former legislators or staff violates the First Amendment of the United States Constitution by burdening political speech.  Missouri did not show a compelling interest for this burden or narrow tailoring to achieve that interest.  Miller v. Ziegler, 109 F.4th 1045 (8th Cir.).

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  *III Section 3.  Election of representatives — legislative redistricting methods — house independent bipartisan citizens commission, appointment, duties, compensation — court actions, procedure. — (a)  The house of representatives shall consist of one hundred sixty-three members elected at each general election and redistricted as provided in this section.

  (b)  The house independent bipartisan citizens commission shall redistrict the house of representatives using the following methods, listed in order of priority:

  (1)  Districts shall be as nearly equal as practicable in population, and shall be drawn on the basis of one person, one vote.  Districts are as nearly equal as practicable in population if no district deviates by more than one percent from the ideal population of the district, as measured by dividing the number of districts into the statewide population data being used, except that a district may deviate by up to three percent if necessary to follow political subdivision lines consistent with subdivision (4) of this subsection;

  (2)  Districts shall be established in a manner so as to comply with all requirements of the United States Constitution and applicable federal laws, including, but not limited to, the Voting Rights Act of 1965 (as amended).  The following principles shall take precedence over any other part of this constitution:  no district shall be drawn in a manner which results in a denial or abridgment of the right of any citizen of the United States to vote on account of race or color; and no district shall be drawn such that members of any community of citizens protected by the preceding clause have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice;

  (3)  Subject to the requirements of subdivisions (1) and (2) of this subsection, districts shall be composed of contiguous territory as compact as may be.  Areas which meet only at the points of adjoining corners are not contiguous.  In general, compact districts are those which are square, rectangular, or hexagonal in shape to the extent permitted by natural or political boundaries;

  (4)  To the extent consistent with subdivisions (1) to (3) of this subsection, communities shall be preserved.  Districts shall satisfy this requirement if district lines follow political subdivision lines to the extent possible, using the following criteria, in order of priority.  First, each county shall wholly contain as many districts as its population allows.  Second, if a county wholly contains one or more districts, the remaining population shall be wholly joined in a single district made up of population from outside the county.  If a county does not wholly contain a district, then no more than two segments of a county shall be combined with an adjoining county.  Third, split counties and county segments, defined as any part of the county that is in a district not wholly within that county, shall each be as few as possible.  Fourth, as few municipal lines shall be crossed as possible;

  (5)  Districts shall be drawn in a manner that achieves both partisan fairness and, secondarily, competitiveness, but the standards established by subdivisions (1) to (4) of this subsection shall take precedence over partisan fairness and competitiveness.  "Partisan fairness" means that parties shall be able to translate their popular support into legislative representation with approximately equal efficiency.  "Competitiveness" means that parties' legislative representation shall be substantially and similarly responsive to shifts in the electorate's preferences.

  To this end, the average electoral performance of the two political parties receiving the most votes in the three preceding general elections for governor, for United States Senate, and for President of the United States shall be calculated.  This index shall be defined as the total votes received by each party in the three preceding general elections for governor, for United States Senate, and for President of the United States, divided by the total votes cast for both parties in these elections.  Using this index, the total number of wasted votes for each party, summing across all of the districts in the plan shall be calculated.  "Wasted votes" are votes cast for a losing candidate or for a winning candidate in excess of the threshold needed for victory.  In any redistricting plan and map of the proposed districts, the difference between the two parties' total wasted votes, divided by the total votes cast for the two parties, shall not exceed fifteen percent.

  To promote competitiveness, the electoral performance index shall be used to simulate elections in which the hypothetical statewide vote shifts by one percent, two percent, three percent, four percent, and five percent in favor of each party.  The vote in each individual district shall be assumed to shift by the same amount as the statewide vote.  In each of these simulated elections, the difference between the two parties' total wasted votes, divided by the total votes cast for the two parties, shall not exceed fifteen percent.

  (c)  Within sixty days after the population of this state is reported to the President for each decennial census of the United States or, in the event that a redistricting plan has been invalidated by a court of competent jurisdiction, within sixty days that such a ruling has been made, the state committee and the congressional district committees of each of the two political parties casting the highest vote for governor at the last preceding general election shall meet and the members of each committee shall nominate, by a majority vote of the elected members of the committee present, provided that a majority of the elected members is present, members of their party, residents in that district, in the case of a congressional district committee, as nominees for the house independent bipartisan citizens commission.  No party shall select more than one nominee from any one state legislative district.  The congressional district committees shall each submit to the governor their list of two elected nominees.  The state committees shall each submit to the governor their list of five elected nominees.  Within thirty days thereafter, the governor shall appoint a house independent bipartisan citizens commission consisting of one nominee from each list submitted by each congressional district committee and two nominees from each list submitted by each state committee to redistrict the state into one hundred and sixty-three representative districts and to establish the numbers and boundaries of said districts.  No person shall be appointed to both the house independent bipartisan citizens commission and the senate independent bipartisan citizens commission during the same redistricting cycle.

  If any committee fails to submit a list within such time, the governor shall appoint a member of his or her own choice from the political party of the committee failing to submit a list, provided that in the case of a congressional district committee failing to submit a list, the person appointed to the commission by the governor shall reside in the congressional district of such committee.

  Members of the commission shall be disqualified from holding office as members of the general assembly for four years following the date of the filing by the commission of its final redistricting plan.

  For the purposes of this Article, the term congressional district committee or congressional district refers to the congressional district committee or the congressional district from which a congressman was last elected, or, in the event members of congress from this state have been elected at large, the term congressional district committee refers to those persons who last served as the congressional district committee for those districts from which congressmen were last elected, and the term congressional district refers to those districts from which congressmen were last elected.  Any action pursuant to this section by the congressional district committee shall take place only at duly called meetings, shall be recorded in their official minutes and only members present in person shall be permitted to vote.

  (d)  The commissioners so selected shall, on the fifteenth day, excluding Sundays and state holidays, after all members have been appointed, meet in the capitol building and proceed to organize by electing from their number a chairman, vice chairman and secretary.  The commission shall adopt an agenda establishing at least three hearing dates on which hearings open to the public shall be held to hear objections or testimony from interested persons.  A copy of the agenda shall be filed with the clerk of the house of representatives within twenty-four hours after its adoption.  Executive meetings may be scheduled and held as often as the commission deems advisable.

  (e)  Not later than five months after the appointment of the commission, the commission shall file with the secretary of state a tentative redistricting plan and map of the proposed districts and during the ensuing fifteen days shall hold such public hearings as may be necessary to hear objections or testimony of interested persons.  The commission shall make public the tentative redistricting plan and map of the proposed districts, as well as all demographic and partisan data used in the creation of the plan and map.

  (f)  Not later than six months after the appointment of the commission, the commission shall file with the secretary of state a final statement of the numbers and the boundaries of the districts together with a map of the districts, and no statement shall be valid unless approved by at least seven-tenths of the members.

  (g)  After the final statement is filed, members of the house of representatives shall be elected according to such districts until a new redistricting plan is made as provided in this section, except that if the final statement is not filed within six months of the time fixed for the appointment of the commission, the commission shall stand discharged and the house of representatives shall be redistricted using the same methods and criteria as described in subsection (b) of this section by a commission of six members appointed from among the judges of the appellate courts of the state of Missouri by the state supreme court, a majority of whom shall sign and file its redistricting plan and map with the secretary of state within ninety days of the date of the discharge of the house independent bipartisan citizens commission.  The judicial commission shall make public the tentative redistricting plan and map of the proposed districts, as well as all demographic and partisan data used in the creation of the plan and map.  Thereafter, members of the house of representatives shall be elected according to such districts until a redistricting plan is made as provided in this section.

  (h)  Each member of the commission shall receive as compensation fifteen dollars a day for each day the commission is in session but not more than one thousand dollars, and, in addition, shall be reimbursed for his or her actual and necessary expenses incurred while serving as a member of the commission.

  (i)  No redistricting plan shall be subject to the referendum.

  (j)  Any action expressly or implicitly alleging that a redistricting plan violates this Constitution, federal law, or the United States Constitution shall be filed in the circuit court of Cole County and shall name the body that approved the challenged redistricting plan as a defendant.  Only an eligible Missouri voter who sustains an individual injury by virtue of residing in a district that exhibits the alleged violation, and whose injury is remedied by a differently drawn district, shall have standing.  If the court renders a judgment in which it finds that a completed redistricting plan exhibits the alleged violation, its judgment shall adjust only those districts, and only those parts of district boundaries, necessary to bring the map into compliance.  The supreme court shall have exclusive appellate jurisdiction upon the filing of a notice of appeal within ten days after the judgment has become final.

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Source: Const. of 1945 (Amended January 14, 1966) (Amended November 2, 1982) (Amended November 6, 2018) (Amended November 3, 2020)

*Transferred 2018; formerly Article III, § 2.  No continuity with previous Article III, § 3, repealed November 2, 1982, L. 1982 SJR 39, § 1 2nd Reg. Sess.

CROSS REFERENCE:

Voter qualifications, RSMo 115.133

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  III Section 4.  Qualifications of representatives. — Each representative shall be twenty-four years of age, and next before the day of his election shall have been a qualified voter for two years and a resident of the county or district which he is chosen to represent for one year, if such county or district shall have been so long established, and if not, then of the county or district from which the same shall have been taken.

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Source: Const. of 1875, Art. IV, § 4.

(1990) The minimum age requirement for state representatives should be evaluated under the rational relationship standard of equal protection review. The age requirement rationally furthers the state's legitimate interest in ensuring mature and experienced legislators and appellant's age should be calculated from his date of birth, rather than his date of conception. Stiles v. Blunt, 912 F.2d 260 (8th Cir.).

(2016) Requirement that a state representative must have been a qualified voter for two years prior to day of election is constitutional.  Peters v. Johns, 489 S.W.3d 262 (Mo.).

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  III Section 5.  Senators — number — senatorial districts. — The senate shall consist of thirty-four members elected by the qualified voters of the senatorial districts for a term of four years.  Senatorial districts shall be apportioned as provided for in Article III, Section 7.

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Source: Const. of 1875, Art. IV, §§ 5, 9 (Amended January 14, 1966) (Amended November 6, 2018)

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  III Section 6.  Qualifications of senators. — Each senator shall be thirty years of age, and next before the day of his election shall have been a qualified voter of the state for three years and a resident of the district which he is chosen to represent for one year, if such district shall have been so long established, and if not, then of the district or districts from which the same shall have been taken.

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Source: Const. of 1875, Art. IV, § 6.

(1972) The equal protection clause of the Fourteenth Amendment to the Constitution of the United States does not eliminate the right of the State of Missouri to establish and enforce the one-year residency in the district requirement as a condition to serve as State Senator. State ex rel. Gralike v. Walsh (Mo.), 483 S.W.2d 70.

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  III Section 7.  Senate independent bipartisan citizens commission, appointment, duties, compensation — court actions, procedure. — (a)  Within sixty days after the population of this state is reported to the President for each decennial census of the United States, or within sixty days after a redistricting plan has been invalidated by a court of competent jurisdiction, the state committee and the congressional district committees of each of the two political parties casting the highest vote for governor at the last preceding general election shall meet and the members of each committee shall nominate, by a majority vote of the elected members of the committee present, provided that a majority of the elected members is present, members of their party, residents in that district, in the case of a congressional district committee, as nominees for the senate independent bipartisan citizens commission.  No party shall select more than one nominee from any one state legislative district.  The congressional district committees shall each submit to the governor their list of two elected nominees.  The state committees shall each submit to the governor their list of five elected nominees.  Within thirty days thereafter the governor shall appoint a senate independent bipartisan citizens commission consisting of two nominees from each list submitted by each state committee and one nominee from each list submitted by each congressional district committee, to redistrict the thirty-four senatorial districts and to establish the numbers and boundaries of said districts.  No person shall be appointed to both the house independent bipartisan citizens commission and the senate independent bipartisan citizens commission during the same redistricting cycle.

  If any committee fails to submit a list within such time, the governor shall appoint a member of his or her own choice from the political party of the committee failing to submit a list, provided that in the case of a congressional district committee failing to submit a list, the person appointed to the commission by the governor shall reside in the congressional district of such committee.

  Members of the commission shall be disqualified from holding office as members of the general assembly for four years following the date of the filing by the commission of its final redistricting plan.

  (b)  The commissioners so selected shall, on the fifteenth day, excluding Sundays and state holidays, after all members have been appointed, meet in the capitol building and proceed to organize by electing from their number a chairman, vice chairman and secretary.  The commission shall adopt an agenda establishing at least three hearing dates on which hearings open to the public shall be held to hear objections or testimony from interested persons.  A copy of the agenda shall be filed with the secretary of the senate within twenty-four hours after its adoption.  Executive meetings may be scheduled and held as often as the commission deems advisable.

  (c)  The senate independent bipartisan citizens commission shall redistrict the senate using the same methods and criteria as those required by subsection (b), section 3 of this Article for the redistricting of the house of representatives.

  (d)  Not later than five months after the appointment of the senate independent bipartisan citizens commission, the commission shall file with the secretary of state a tentative redistricting plan and map of the proposed districts and during the ensuing fifteen days shall hold such public hearings as may be necessary to hear objections or testimony of interested persons.  The commission shall make public the tentative redistricting plan and map of the proposed districts, as well as all demographic and partisan data used in the creation of the plan and map.

  (e)  Not later than six months after the appointment of the commission, the commission shall file with the secretary of state a final statement of the numbers and the boundaries of the districts together with a map of the districts, and no statement shall be valid unless approved by at least seven-tenths of the members.

  (f)  After the final statement is filed, senators shall be elected according to such districts until a new redistricting plan is made as provided in this section, except that if the final statement is not filed within six months of the time fixed for the appointment of the commission, the commission shall stand discharged and the senate shall be redistricted using the same methods and criteria as described in subsection (b) of section 3 of this Article by a commission of six members appointed from among the judges of the appellate courts of the state of Missouri by the state supreme court, a majority of whom shall sign and file its redistricting plan and map with the secretary of state within ninety days of the date of the discharge of the senate independent bipartisan citizens commission.  The judicial commission shall make public the tentative redistricting plan and map of the proposed districts, as well as all demographic and partisan data used in the creation of the plan and map.  Thereafter, senators shall be elected according to such districts until a redistricting plan is made as provided in this section.

  (g)  Each member of the commission shall receive as compensation fifteen dollars a day for each day the commission is in session, but not more than one thousand dollars, and, in addition, shall be reimbursed for his or her actual and necessary expenses incurred while serving as a member of the commission.

  (h)  No redistricting plan shall be subject to the referendum.

  (i)  Any action expressly or implicitly alleging that a redistricting plan violates this Constitution, federal law, or the United States Constitution shall be filed in the circuit court of Cole County and shall name the body that approved the challenged redistricting plan as a defendant.  Only an eligible Missouri voter who sustains an individual injury by virtue of residing in a district that exhibits the alleged violation, and whose injury is remedied by a differently drawn district, shall have standing.  If the court renders a judgment in which it finds that a completed redistricting plan exhibits the alleged violation, its judgment shall adjust only those districts, and only those parts of district boundaries, necessary to bring the map into compliance.  The supreme court shall have exclusive appellate jurisdiction upon the filing of a notice of appeal within ten days after the judgment has become final.

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Source: Const. of 1945 (Amended January 14, 1966) (Amended November 2, 1982) (Amended November 6, 2018) (Amended November 3, 2020)

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  III Section 8.  Term limitations for members of General Assembly. — No one shall be elected to serve more than eight years total in any one house of the General Assembly nor more than sixteen years total in both houses of the General Assembly.  In applying this section, service in the General Assembly resulting from an election prior to December 3, 1992, or service of less than one year, in the case of a member of the house of representatives, or two years, in the case of a member of the senate, by a person elected after the effective date of this section to complete the term of another person, shall not be counted.

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(Adopted November 3, 1992) (Amended November 5, 2002).

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  III Section 9.  Apportionment of representatives. — Until the convening of the Seventy-fourth General Assembly the House of Representatives shall consist of one hundred sixty-three members elected from the one hundred sixty-three representative districts, as they existed January 1, 1965.

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Source: Const. of 1945 (Amended January 14, 1966).

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  III Section 10.  Basis of apportionment — alteration of districts. — The last decennial census of the United States shall be used in apportioning representatives and determining the population of senatorial and representative districts.  Such districts may be altered from time to time as public convenience may require.

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Source: Const. of 1875, Art. IV, §§ 2, 5, 7, 9.

(1955) Only one valid apportionment of senatorial districts may be made for each decennial period, but, where division of city of St. Louis into districts was held invalid, the board of election commissioners may divide the city legally if this is done before March 1 of the year of the next general election. Preisler v. Doherty, 365 Mo. 460, 284 S.W.2d 427.

(1968) The enabling legislation for the St. Louis earnings tax does not violate constitutional provisions against arbitrary and unreasonable classification of taxes. Barhorst v. City of St. Louis (Mo.), 423 S.W.2d 843.

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  III Section 11.  Time of election of senators and representatives. — The first election of senators and representatives under this constitution, shall be held at the general election in the year one thousand nine hundred and forty-six when the whole number of representatives and the senators from the districts having even numbers, who shall compose the first class, shall be elected, and two years thereafter the whole number of representatives and the senators from districts having odd numbers, who shall compose the second class, shall be elected, and so on at each succeeding general election.

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Source: Const. of 1875, Art. IV, § 10.

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  III Section 12.  Members of general assembly disqualified from holding other offices. — No person holding any lucrative office or employment under the United States, this state or any municipality thereof shall hold the office of senator or representative.  When any senator or representative accepts any office or employment under the United States, this state or any municipality thereof, his office shall thereby be vacated and he shall thereafter perform no duty and receive no salary as senator or representative.  During the term for which he was elected no senator or representative shall accept any appointive office or employment under this state which is created or the emoluments of which are increased during such term.  This section shall not apply to members of the organized militia, of the reserve corps and of school boards, and notaries public.

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Source: Const. of 1875, Art. IV, § 12.

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  III Section 13.  Vacation of office by removal of residence. — If any senator or representative remove his residence from the district or county for which he was elected, his office shall thereby be vacated.

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Source: Const. of 1875, Art. IV, § 13.

(1971) Legislative body of which he is a member has exclusive right to determine elected representative's qualifications to hold or assume office and courts are without jurisdiction to determine issue of removal of residence from district. State v. Hickey (Mo.), 475 S.W.2d 617.

(1972) Speaker of house of representatives, upon request by a member of house, must issue subpoenas for witnesses to appear before public and depose and testify in the matter of a charge made in the house that a member has removed his residence from his district and thereby vacated his office but clear right to issuance of subpoenas duces tecum not shown by members. In re Marshall (Mo.), 478 S.W.2d 1.

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  III Section 14.  Writs of election to fill vacancies. — Writs of election to fill vacancies in either house of the general assembly shall be issued by the governor.

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Source: Const. of 1875, Art. IV, § 14.

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  III Section 15.  Oath of office of members of assembly — administration — effect of refusal to take oath and conviction of violation. — Every senator or representative elect, before entering upon the duties of his office, shall take and subscribe the following oath or affirmation: "I do solemnly swear, or affirm, that I will support the Constitution of the United States and of the state of Missouri, and faithfully perform the duties of my office, and that I will not knowingly receive, directly or indirectly, any money or other valuable thing for the performance or nonperformance of any act or duty pertaining to my office, other than the compensation allowed by law." The oath shall be administered in the halls of the respective houses to the members thereof, by a judge of the supreme court or a circuit court, or after the organization by the presiding officer of either house, and shall be filed in the office of the secretary of state.  Any senator or representative refusing to take said oath or affirmation shall be deemed to have vacated his office, and any member convicted of having violated his oath or affirmation shall be deemed guilty of perjury, and be forever disqualified from holding any office of trust or profit in this state.

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Source: Const. of 1875, Art. IV, § 15.

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  III Section 16.  Compensation, mileage allowance and expenses of general assembly members. — Senators and representatives shall receive from the state treasury as salary such sums as are provided by law.  No law fixing the compensation of members of the general assembly shall become effective until the first day of the regular session of the general assembly next following the session at which the law was enacted.  Upon certification by the president and secretary of the senate and by the speaker and chief clerk of the house of representatives as to the respective members thereof, the state comptroller shall audit and the state treasurer shall pay such compensation without legislative enactment.  Until otherwise provided by law senators and representatives shall receive one dollar for every ten miles traveled in going to and returning from their place of meeting while the legislature is in session, on the most usual route.

Until otherwise provided by law, each senator or representative shall be reimbursed from the state treasury for the actual and necessary expenses incurred by him in attending sessions of the general assembly in the sum of ten dollars ($10.00) per day for each day on which the journal of the senate or house respectively shows the presence of such senator or representative.  Upon certification by the president and secretary of the senate and by the speaker and chief clerk of the house of representatives as to the respective members thereof, the state comptroller shall approve and the state treasurer shall pay monthly such expense allowance without legislative enactment.

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Source: Const. of 1875, Art. IV, § 16 (Amended November 3, 1942) (Amended November 3, 1970).

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  III Section 17.  Limitation on number of legislative employees. — Until otherwise provided by law, the house of representatives shall not employ more than one hundred twenty-five and the senate shall not employ more than seventy-five employees elective, appointive or any other at any time during any session.

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Source: Const. of 1875, Art. IV, § 16a (Adopted November 8, 1932) (Amended November 3, 1970).

----------------- III Section 17 12/3/1970 -----------------

  III Section 18.  Appointment of officers of houses — jurisdiction to determine membership — power to make rules, punish for contempt and disorderly conduct and expel members. — Each house shall appoint its own officers; shall be sole judge of the qualifications, election and returns of its own members; may determine the rules of its own proceedings, except as herein provided; may arrest and punish by fine not exceeding three hundred dollars, or imprisonment in a county jail not exceeding ten days, or both, any person not a member, who shall be guilty of disrespect to the house by any disorderly or contemptuous behavior in its presence during its sessions; may punish its members for disorderly conduct; and, with the concurrence of two-thirds of all members elect, may expel a member; but no member shall be expelled a second time for the same cause.

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Source: Const. of 1875, Art. IV, § 17.

(1954) Action by person desiring to be candidate for senate at election already held, challenging validity of act apportioning senatorial districts, held moot because senate is the sole judge of qualifications of its members. Priesler v. Doherty, 364 Mo. 596, 265 S.W.2d 404.

(1970) Each house of General Assembly is the sole judge of the qualifications of its members, including residence, and the court will not intervene. State v. Banks (Mo.), 454 S.W.2d 498.

(1971) Legislative body of which he is a member has exclusive right to determine elected representative's qualifications to hold or assume office and courts are without jurisdiction to determine issue of removal of residence from district. State v. Hickey (Mo.), 475 S.W.2d 617.

(1972) In proceeding in prohibition to prohibit respondent election boards from placing the name of intervenor on the primary ballot, held that this section applies when a general election has been held and the person elected presents himself for membership, and in instances after the person has been seated and question as to his qualifications and right to remain a member arises, but primary election controveries are to be decided by the courts. State ex rel. Gralike v. Walsh (Mo.), 483 S.W.2d 70.

(1974) Held that lieutenant governor has right to preside over senate but is subject to procedural rules of senate while so doing. State v. Cason (Mo.), 507 S.W.2d 405.

----------------- III Section 18 2/27/1945 -----------------

  III Section 19.  Legislative privileges — legislative records — legislative proceedings public. — (a)  Senators and representatives shall, in all cases except treason, felony, offenses under this Article, or breach of the peace, be privileged from arrest during the session of the general assembly, and for the fifteen days next before the commencement and after the termination of each session; and they shall not be questioned for any speech or debate in either house in any other place.

  (b)  Legislative records shall be public records and subject to generally applicable state laws governing public access to public records, including the Sunshine Law.  Legislative records include, but are not limited to, all records, in whatever form or format, of the official acts of the general assembly, of the official acts of legislative committees, of the official acts of members of the general assembly, of individual legislators, their employees and staff, of the conduct of legislative business and all records that are created, stored or distributed through legislative branch facilities, equipment or mechanisms, including electronic.  Each member of the general assembly is the custodian of legislative records under the custody and control of the member, their employees and staff.  The chief clerk of the house or the secretary of the senate are the custodians for all other legislative records relating to the house and the senate, respectively.

  (c)  Legislative proceedings, including committee proceedings, shall be public meetings subject to generally applicable law governing public access to public meetings, including the Sunshine Law.  Open public meetings of legislative proceedings shall be subject to recording by citizens, so long as the proceedings are not materially disrupted.

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Source: Const. of 1875, Art. IV, § 12 (Amended November 6, 2018)

----------------- III Section 19 12/6/2018 -----------------

  III Section 20.  Regular sessions of assembly — quorum — compulsory attendance — public sessions — limitation on power to adjourn. — The general assembly shall meet on the first Wednesday after the first Monday in January following each general election.  The general assembly may provide by law for the introduction of bills during the period between the first day of December and the first Wednesday after the first Monday of January.

  The general assembly shall reconvene on the first Wednesday after the first Monday of January after adjournment at midnight on May thirtieth of the preceding year.  A majority of the elected members of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide.  The sessions of each house shall be held with open doors, except in cases which may require secrecy but not including the final vote on bills, resolutions and confirmations.  Neither house shall, without the consent of the other, adjourn for more than ten days at any one time, nor to any other place than that in which the two houses may be sitting.

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Source: Const. of 1875, Art. IV §§ 18, 19, 20, 23 (Amended November 3, 1970) (Amended November 8, 1988).

----------------- III Section 20 12/8/1988 -----------------

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  III Section 20(a).  Automatic adjournment — tabling of bills, when. — The general assembly shall adjourn at midnight on May thirtieth until the first Wednesday after the first Monday of January of the following year, unless it has adjourned prior thereto.  All bills in either house remaining on the calendar after 6:00 p.m. on the first Friday following the second Monday in May are tabled.  The period between the first Friday following the second Monday in May and May thirtieth shall be devoted to the enrolling, engrossing, and the signing in open session by officers of the respective houses of bills passed prior to 6:00 p.m. on the first Friday following the second Monday in May.

  The general assembly shall automatically stand adjourned sine die at 6:00 p.m. on the sixtieth calendar day after the date of its convening in special session unless it has adjourned sine die prior thereto.

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(Adopted November 4, 1952) (Amended November 8, 1960) (Amended November 3, 1970) (Amended November 8, 1988).

(1957) The senate, acting independently, has no power to create committees to sit after final adjournment of the general assembly but both houses of the general assembly acting jointly by resolution may create such committees. State ex rel. Jones v. Atterbury (Mo.), 300 S.W.2d 806.

----------------- III Section 20(a) 12/8/1988 -----------------

  III Section 20(b).  Special session, procedure to convene — limitations — automatic adjournment. — Upon the filing with the secretary of state of a petition stating the purpose for which the session is to be called and signed by three-fourths of the members of the senate and three-fourths of the members of the house of representatives, the president pro tem of the senate and the speaker of the house shall by joint proclamation convene the general assembly in special session.  The proclamation shall state specifically each matter contained in the petition on which action is deemed necessary.  No appropriation bill shall be considered in a special session convened pursuant to this section if in that year the general assembly has not passed the operating budget in compliance with Section 25 of this article.

  The general assembly shall automatically stand adjourned sine die at 6:00 p.m. on the thirtieth calendar day after the date of its convening in special session under this section unless it has adjourned sine die prior thereto.

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(Adopted November 8, 1988).

----------------- III Section 20(b) 12/8/1988 -----------------

  III Section 20(c).  Political fundraising prohibited on state property. — No political fundraising activities or political fundraising event by any member of or candidate for the general assembly, including but not limited to the solicitation or delivery of contributions, supporting or opposing any candidate, initiative petition, referendum petition, ballot measure, political party or political committee, shall occur in or on any premises, property or building owned, leased or controlled by the State of Missouri or any agency or division thereof.  Any purposeful violation of this section shall be punishable by imprisonment for up to one year or a fine of up to one thousand dollars or both, plus an amount equal to three times the illegal contributions.  The Missouri ethics commission or its successor agency is authorized to enforce this section as provided by law.

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(Adopted November 6, 2018)

----------------- III Section 20(c) 12/6/2018 -----------------

  III Section 20(d).  Severability provision. — If any provision of sections 2, 3, 7, 19, or 20(c) or the application thereof to anyone or to any circumstance is held invalid, the remainder of those provisions and the application of such provisions to others or other circumstances shall not be affected thereby.

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(Adopted November 6, 2018)

----------------- III Section 20(d) 12/6/2018 -----------------

  III Section 21.  Style of laws — bills — limitation on amendments — power of each house to originate and amend bills — reading of bills. — The style of the laws of this state shall be: "Be it enacted by the General Assembly of the State of Missouri, as follows." No law shall be passed except by bill, and no bill shall be so amended in its passage through either house as to change its original purpose.  Bills may originate in either house and may be amended or rejected by the other.  Every bill shall be read by title on three different days in each house.

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Source: Const. of 1875, Art. IV, §§ 24, 25, 26.

(1975) Held that original purpose was not changed by amendment and that title did clearly express the purpose of senate bill 253 of the second regular session of the 77th general assembly. State ex rel. Toedebusch Transfer, Inc. v. Public Service Commission (Mo.), 520 S.W.2d 38.

(1999) Failure to read concurrent resolution of the General Assembly, which would have prevented schedule of compensation submitted by Citizen's Commission from becoming effective, by title on three different days in House of Representatives rendered resolution invalid. Weinstock v. Holden, 995 S.W.2d 411 (Mo.banc).

(2012) Sections in bill whose original purpose was state procurement could not include unrelated provisions on campaign finance, ethics, and possession of keys to the capitol dome. Legends Bank v. State, 361 S.W.3d 383 (Mo.banc).

----------------- III Section 21 2/27/1945 -----------------

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  III Section 22.  Referral of bills to committees — recall of referred bills — records of committees — provision for interim meetings. — Every bill shall be referred to a committee of the house in which it is pending.  

  After it has been referred to a committee, one-third of the elected members of the respective houses shall have power to relieve a committee of further consideration of a bill and place it on the calendar for consideration.  Each committee shall keep such record of its proceedings as is required by rule of the respective houses and this record and the recorded vote of the members of the committee shall be filed with all reports on bills.

  Each house of the general assembly may provide by rule for such committees of that house as it deems necessary to meet to consider bills or to perform any other necessary legislative function during the interim between the session ending on the thirtieth day of May and the session commencing on the first Wednesday after the first Monday of January.

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Source: Const. of 1945 (Amended November 3, 1970) (Amended November 8, 1988).

(1953) Senate rule requiring total number of members of committee voting favorably on bill and total number voting unfavorably to be filed with committee report held literal compliance with this section. Walters v. City of St. Louis, 364 Mo. 56, 259 S.W.2d 377.

----------------- III Section 22 12/8/1988 -----------------

  III Section 23.  Limitation of scope of bills — contents of titles — exceptions. — No bill shall contain more than one subject which shall be clearly expressed in its title, except bills enacted under the third exception in section 37 of this article and general appropriation bills, which may embrace the various subjects and accounts for which moneys are appropriated.

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Source: Const. of 1875, Art. IV, § 28.

(1954) Land Clearance for Redevelopment Law (RSMo, § 99.300 et seq.) in providing for the clearance of blighted and insanitary areas and also for the redevelopment of areas which have been cleared, does not contain more than one subject. State on Inf. Dalton v. Land Clearance for Redev. Auth., 364 Mo. 974, 270 S.W.2d 44.

(1956) Title reading "An act to make uniform the law of warehouse receipts" held broad enough to embrace not only the substantive law as to relation of warehouseman and depositor but also the procedural law whereby their rights are to be determined. Brown v. Sloan's Moving & Storage Co. (Mo.), 296 S.W.2d 20.

(1957) Title reading "An Act to make uniform the law of warehouse receipts" held sufficient to include provision of law imposing upon warehouseman burden of establishing excuse for failure or refusal to deliver goods when demanded. Hoerath v. Sloan's Mvg. & Storage Co. (Mo.), 305 S.W.2d 418.

(1959) An act amending the act providing for the organizaiton of levee districts so as to authorize such districts to cooperate with the federal government in securing and constructing reclamation projects held germane to the original title of the act and consequently not in violation of this provision of the constitution. In re Tarkio-Squaw Levee Dist. of Holt County (Mo.), 319 S.W.2d 660.

(1959) Title of act reenacting section fixing and limiting fees and commissions of county collectors which stated that it was to repeal and reenact section of chapter entitled collectors and collection of taxes, held sufficient although as reenacted section contained provision making limits applicable to ex officio collectors. State v. Ludwig (Mo.), 322 S.W.2d 841.

(1960) The title of an act is essentially a part of the act and is itself a legislative expression of the general scope of a bill and it may be looked to as an aid in arriving at the intent of the legislation. In re Tompkins' Estate (Mo.), 341 S.W.2d 866.

(1962) Provision vesting jurisdiction of appeals from the lower court in cases involving the termination of minimum wages on public works held not within a title reading "an act regulating wages of laborers, mechanics and other workmen employed in the construction of public works." United Brotherhood of Carpenters and Joiners of America v. Industrial Commission (Mo.), 352 S.W.2d 633.

(1962) Section authorizing board of school district to lease or sell to institution of higher education property not required for use of school district and which could be used for purposes of offering education beyond grade twelve, contained in act "to provide for the formation of junior college districts and to establish the powers and duties of the state board of education with respect thereto", held to be unconstitutional and violative of this section. State ex rel. Normandy School Dist. of St. Louis County v. Small (Mo.), 356 S.W.2d 864.

(1962) Validity of section 556.280 upheld against charge that title of act violated provisions of this constitutional provision. Title read "An act to repeal section 556.280, RSMo 1949, relating to second and subsequent offenses, and to enact in lieu thereof a new section relating to the same subject and to the trial and punishment of persons convicted of crime following one or more convictions, to be known as section 556.280." State v. Weindorf (Mo.), 361 S.W.2d 806.

(1975) Held that title of bill which used language "industrial development of blighted, insanitary or underdeveloped industrial areas" was not unconstitutional for failure to clearly express its subject because the bill contained provisions relating to financing and to powers of cities and other public bodies in relation to such functions. State ex rel. Atkinson v. Planned Industrial Expansion Authority (Mo.), 517 S.W.2d 36.

(1975) Held that bill creating office of medical examiner and abolishing office of coroner did not contain two subjects. State ex rel. McClellan v. Godfrey (Mo.), 519 S.W.2d 4.

(1975) Held that original purpose was not changed by amendment and that title did clearly express the purpose of senate bill 253 of the second regular session of the 77th general assembly. State ex rel. Toedebusch Transfer, Inc. v. Public Service Commission (Mo.), 520 S.W.2d 38.

(1984) Title to a bill needs only to indicate general content and amendments need only be germane to the general area indicated by title. Westin Crown Plaza Hotel v. King, 664 S.W.2d 2 (Mo. en banc 1984).

(1994) Section 2 of H.C.S. for H.B.s 551 and 552 enacted by 87th General Assembly (sections 66.700 to 66.710, RSMo) declared unconstitutional because it violates procedural requirement of section. Bill was found to contain more than one subject. Section was severed from bill and declared void. Hammerschmidt v. Boone County, 877 S.W.2d 98 (Mo. en banc).

(1997) "Relating to economic development" is an overly broad subject matter for a bill. Carmack v. Director, Missouri Department of Agriculture, 945 S.W.2d 956 (Mo.banc 1997).

----------------- III Section 23 2/27/1945 -----------------

  III Section 24.  Printing of bills and amendments. — No bill shall be considered for final passage in either house until it, with all amendments thereto, has been printed and copies distributed among the members.  If a bill passed by either house be returned thereto, amended by the other, the house to which the same is returned shall cause the amendment or amendments so received to be printed and copies distributed among the members before final action on such amendments.

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Source: Const. of 1875, Art. IV, §§ 27, 30.

----------------- III Section 24 2/27/1945 -----------------

  III Section 25.  Limitation on introduction of bills. — No bill other than an appropriation bill shall be introduced in either house after the sixtieth legislative day unless consented to by a majority of the elected members of each house or the governor shall request a consideration of the proposed legislation by a special message.  No appropriation bill shall be taken up for consideration after 6:00 p.m. on the first Friday following the first Monday in May of each year.

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Source: Const of 1945 (Amended November 3, 1970) (Amended November 8, 1988).

----------------- III Section 25 12/8/1988 -----------------

  III Section 26.  Legislative journals — demand for yeas and nays — manner and record of vote. — Each house shall publish a journal of its proceedings.  The yeas and nays on any question shall be taken and entered on the journal on the motion of any five members.  Whenever the yeas and nays are demanded, or required by this constitution, the whole list of members shall be called and the names of the members voting yea and nay and the absentees shall be entered in the journal.

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Source: Const. of 1875, Art. IV, § 42.

----------------- III Section 26 2/27/1945 -----------------

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  III Section 27.  Concurrence in amendments — adoption of conference committee reports — final passage of bills. — No amendments to bills by one house shall be concurred in by the other, nor shall reports of committees of conference be adopted in either house, nor shall a bill be finally passed, unless a vote by yeas and nays be taken and a majority of the members elected to each house be recorded as voting favorably.

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Source: Const. of 1875, Art. IV, §§ 31, 32.

----------------- III Section 27 2/27/1945 -----------------

  III Section 28.  Form of reviving, reenacting and amending bills. — No act shall be revived or reenacted unless it shall be set forth at length as if it were an original act.  No act shall be amended by providing that words be stricken out or inserted, but the words to be stricken out, or the words to be inserted, or the words to be stricken out and those inserted in lieu thereof, together with the act or section amended, shall be set forth in full as amended.

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Source: Const. of 1875, Art. IV, §§ 33, 34.

(1959) Amendment of bill reenacting section prescribing and limiting fees of county collectors which made limits applicable to ex officio county collectors (theretofore excluded by the section) held not to change purpose of bill. State v. Ludwig (Mo.), 322 S.W.2d 841.

(1967) Legislative intent is no substitute for legislative enactment, particularly when the criminal law is concerned, and the enactment must be broad enough to describe the offenses covered by the repealed provisions if the ascribed intent is to be fulfilled. State v. Eye (Mo.), 415 S.W.2d 729.

(1975) Where act is to be amended by addition or deletion of words, that act as amended must be set forth in full and language that requires a change wherever it appears in a statute without setting out that section in full violates this section. State ex rel. McNary v. Stussie (Mo.), 518 S.W.2d 630.

(1995) Section 1.205, RSMo, sets out the intention of the general assembly that the Missouri courts should read all Missouri statutes in pari materia with section. Constitution does not prohibit general assembly from adopting rules of construction. Connor v. Monkem Co., Inc., 898 S.W.2d 89 (Mo. en banc).

----------------- III Section 28 2/27/1945 -----------------

  III Section 29.  Effective date of laws — exceptions — procedure in emergencies and upon recess. — No law passed by the general assembly, except an appropriation act, shall take effect until ninety days after the adjournment of the session in either odd-numbered or even-numbered years at which it was enacted.  However, in case of an emergency which must be expressed in the preamble or in the body of the act, the general assembly by a two-thirds vote of the members elected to each house, taken by yeas and nays may otherwise direct; and further except that, if the general assembly recesses for thirty days or more it may prescribe by joint resolution that laws previously passed and not effective shall take effect ninety days from the beginning of the recess.

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Source: Const. of 1875, Art. IV, § 36 (Amended November 3, 1970).

(1952) Words "laws previously passed and not effective" in last proviso includes those bills passed by both houses of the general assembly, and signed by the presiding officers thereof, prior to the beginning of a recess, even though such bills have not been approved by the governor prior to the recess. State ex rel. Moore v. Toberman, 363 Mo. 245, 250 S.W.2d 701.

(1991) "Later in time" rule of statutory construction does not apply when sections are passed in the same legislative session and neither has an emergency clause. Berdella v. Pender, 821 S.W.2d 846 (Mo.banc 1991).

----------------- III Section 29 2/27/1945 -----------------

  III Section 30.  Signing of bills by presiding officers — procedure on objections — presentation of bills to governor. — No bill shall become a law until it is signed by the presiding officer of each house in open session, who first shall suspend all other business, declare that the bill shall now be read and that if no objection be made he will sign the same.  If in either house any member shall object in writing to the signing of a bill, the objection shall be noted in the journal and annexed to the bill to be considered by the governor in connection therewith.  When a bill has been signed, the secretary, or the chief clerk, of the house in which the bill originated shall present the bill in person to the governor on the same day on which it was signed and enter the fact upon the journal.

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Source: Const. of 1875, Art. IV, §§ 37, 38.

(1956) Requirement that bill be signed by legislative officers before it becomes law is directory only, and failure of speaker of house to sign bill is a procedural error which is cured on approval of the bill on referendum. Brown v. Morris, 365 Mo. 946, 290 S.W.2d 160.

----------------- III Section 30 2/27/1945 -----------------

  III Section 31.  Governor's duty as to bills — time limitations — failure to return, bill becomes law. — Every bill which shall have passed the house of representatives and the senate shall be presented to and considered by the governor, and, within fifteen days after presentment, he shall return such bill to the house in which it originated endorsed with his approval or accompanied by his objections.  If the bill be approved by the governor it shall become a law.  When the general assembly adjourns, or recesses for a period of thirty days or more, the governor shall return within forty-five days any bill to the office of the secretary of state with his approval or reasons for disapproval.  If any bill shall not be returned by the governor within the time limits prescribed by this section it shall become law in like manner as if the governor had signed it.

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Source: Const. of 1875, Art. IV, § 38, Art. V, § 12 (Amended August 5, 1986).

----------------- III Section 31 9/4/1986 -----------------

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  III Section 32.  Vetoed bills reconsidered, when. — Every bill presented to the governor and returned with his objections shall stand as reconsidered in the house to which it is returned.  If the governor returns any bill with his objections on or after the fifth day before the last day upon which a session of the general assembly may consider bills, the general assembly shall automatically reconvene on the first Wednesday following the second Monday in September for a period not to exceed ten calendar days for the sole purpose of considering bills returned by the governor.  The objections of the governor shall be entered upon the journal and the house shall proceed to consider the question pending, which shall be in this form: "Shall the bill pass, the objections of the governor thereto notwithstanding?" The vote upon this question shall be taken by yeas and nays and if two-thirds of the elected members of the house vote in the affirmative the presiding officer of that house shall certify that fact on the roll, attesting the same by his signature, and send the bill with the objections of the governor to the other house, in which like proceedings shall be had in relation thereto.  The bill thus certified shall be deposited in the office of the secretary of state as an authentic act and shall become a law.

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Source: Const. of 1875, Art. IV, § 39 (Amended November 3, 1970) (Amended November 7, 1972) (Amended November 8, 1988).

(2016) Only bills returned by the Governor on or after the fifth day before the end of a regular legislative session can be taken up during the September veto session.  Pestka v. State, 493 S.W.3d 405 (Mo.).

----------------- III Section 32 12/8/1988 -----------------

  III Section 34.  Revision of general statutes — limitation on compensation. — In the year 1949 and at least every ten years thereafter all general statute laws shall be revised, digested and promulgated as provided by law.  No senator or representative shall receive any compensation in addition to his salary as a member of the general assembly for any services rendered in connection with said revision.

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Source: Const. of 1875, Art. IV, § 41 (Adopted November 8, 1932).

----------------- III Section 34 2/27/1945 -----------------

  III Section 35.  Committee on legislative research. — There shall be a permanent joint committee on legislative research, selected by and from the members of each house as provided by law.  The general assembly, by a majority vote of the elected members, may discharge any or all of the members of the committee at any time and select their successors.  The committee may employ a staff as provided by law.  The committee shall meet when necessary to perform the duties, advisory to the general assembly, assigned to it by law. The members of the committee shall receive no compensation in addition to their salary as members of the general assembly, but may receive their necessary expenses while attending the meetings of the committee.

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Source: Const. of 1945.

(1996) Section limits committee to performance of duties that are advisory to general assembly. Fiscal note summary on initiative petitions is not advisory to general assembly. Thompson v. Legislative Research, 932 S.W.2d 392 (Mo.banc 1996).

(2011) Section requires formation and meetings of committee, and provides that its duties to the general assembly are advisory only; the legislature has no authority to increase the committee's powers beyond those listed in the Constitution. Ocello v. Koster, 354 S.W.3d 187 (Mo. banc).

----------------- III Section 35 2/27/1945 -----------------

  III Section 36.  Payment of state revenues and receipts to treasury — limitation of withdrawals to appropriations — order of appropriations. — All revenue collected and money received by the state shall go into the treasury and the general assembly shall have no power to divert the same or to permit the withdrawal of money from the treasury, except in pursuance of appropriations made by law.  All appropriations of money by successive general assemblies shall be made in the following order:

First:  For payment of sinking fund and interest on outstanding obligations of the state.

Second:  For the purpose of public education.

Third:  For the payment of the cost of assessing and collecting the revenue.

Fourth:  For the payment of the civil lists.

Fifth:  For the support of eleemosynary and other state institutions.

Sixth:  For public health and public welfare.

Seventh:  For all other state purposes.

Eighth:  For the expense of the general assembly.

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Source: Const. of 1875, Art. IV, § 43.

(1976) Transfer of appropriations by commissioner of administration with the authorization of the fiscal affairs committee is unconstitutional and violates Art. III, § 36, Const. of Mo. State ex inf. Danforth v. Merrell (Mo.), 530 S.W.2d 209.

(2019) Restricting appropriations funding for the salary of specific administrative law judge based on that judge's date of appointment violates the separation of powers; the General Assembly may not compel an executive department, directly or indirectly, to fire a specific employee.  Rebman v. Parson, 576 S.W.3d 605 (Mo.).

----------------- III Section 36 2/27/1945 -----------------

  III Section 37.  Limitation on state debts and bond issues. — The general assembly shall have no power to contract or authorize the contracting of any liability of the state, or to issue bonds therefor, except (1) to refund outstanding bonds, the refunding bonds to mature not more than twenty-five years from date, (2) on the recommendation of the governor, for a temporary liability to be incurred by reason of unforeseen emergency or casual deficiency in revenue, in a sum not to exceed one million dollars for any one year and to be paid in not more than five years from its creation, and (3) when the liability exceeds one million dollars, the general assembly as on constitutional amendments, or the people by the initiative, may also submit a measure containing the amount, purpose and terms of the liability, and if the measure is approved by a majority of the qualified electors of the state voting thereon at the election, the liability may be incurred, and the bonds issued therefor must be retired serially and by installments within a period not exceeding twenty-five years from their date.  Before any bonds are issued under this section the general assembly shall make adequate provision for the payment of the principal and interest, and may provide an annual tax on all taxable property in an amount sufficient for the purpose.

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Source: Const. of 1875, Art. IV, § 44.

----------------- III Section 37 2/27/1945 -----------------

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  III Section 37(a).  State building bond issue authorized — interest rate — payment from income tax and other funds. — In addition to the exceptions made in Section 37, the General Assembly shall have power to contract, or to authorize the contracting of, a debt or liability on behalf of the state, and to issue bonds or other evidence of indebtedness therefor, not exceeding in the aggregate Seventy-five Million Dollars ($75,000,000), for the purpose of repairing, remodeling or rebuilding, or of repairing, remodeling and rebuilding state buildings and properties at all or any of the penal, correctional and reformatory institutions of this state, the state training schools, state hospitals and state schools and other eleemosynary institutions of this state, and institutions of higher education of this state, and for building additions thereto and additional buildings where necessary, and for furnishing and equipping any such improvements.

Such bonds shall bear interest at a rate not exceeding three percentum (3%) per annum, payable semiannually, except that the first interest payable thereon may be paid not later than one year from the date of issuance, and maturing not later than twenty-five years from their date.  Such bonds shall be issued by the State Board of Fund Commissioners in such amount, from time to time, as may be necessary to carry on the building program as determined by the General Assembly.  The proceeds of the sale or sales of any bonds issued hereunder shall be paid into the state treasury and be credited to a fund to be designated the "Second State Building Fund."

The proceeds of the sale of the bonds herein authorized shall be expended for the purposes for which the bonds are hereinabove authorized to be issued.

The bonds and the interest thereon shall be paid out of the Second State Building Bond Interest and Sinking Fund, which is hereby created.  Upon the issuance of such bonds, or any portion thereof, the State Board of Fund Commissioners shall notify the State Comptroller of the amount of money required, in the remaining portion of the fiscal year during which said bonds shall have been issued, for the payment of interest on the said bonds, and of the amount of money required for the payment of interest on the said bonds in the next succeeding fiscal year, and for the establishment and maintenance of a sinking fund to pay said bonds as they mature.  Thereafter, within thirty days after the beginning of each fiscal year, the State Board of Fund Commissioners shall notify the State Comptroller of the amount of money required for the payment of interest on the said bonds in the next succeeding fiscal year and for the maintenance of the sinking fund to pay said bonds maturing in such next succeeding fiscal year.

It shall be the duty of the State Comptroller to transfer, at least monthly, the proceeds of the state income tax, after deducting therefrom the proportionate part thereof appropriated for the support of the free public schools, to the credit of the Second State Building Bond Interest and Sinking Fund until there shall have been transferred to said fund the amount so certified to him by the State Board of Fund Commissioners, as hereinabove provided.

If at any time after the issuance of any of the said bonds, it shall become apparent to the State Comptroller that the proceeds of the state income tax, as aforesaid, will not be sufficient for the payment of the principal and interest maturing and accruing on said bonds during the next succeeding fiscal year, a direct tax shall be levied upon all taxable tangible property in the state for the payment of said bonds and the interest that will accrue thereon.  In such event, it shall be the duty of the State Comptroller annually, on or before the first day of July, to determine the rate of taxation necessary to be levied upon all taxable tangible property within the state to raise the amount of money needed to pay the principal of and interest on such bonds maturing and accruing in the next succeeding fiscal year, taking into consideration available funds, delinquencies and costs of collection.  The State Comptroller shall annually certify the rate of taxation so determined to the county clerk of each county and to the comptroller or other officer in the city of St. Louis whose duty it shall be to make up and certify the tax books wherein are extended the ad valorem state taxes.  It shall be the duty of said clerks and the said comptroller or other proper officer in the city of St. Louis to extend upon the tax books the taxes to be collected and to certify the same to the collectors of the revenue of their respective counties and of the city of St.  Louis, who shall collect such taxes at the same time and in the same manner and by the same means as are now or may hereafter be provided by law for the collection of state and county taxes, and to pay the same into the state treasury for the credit of the Second State Building Bond Interest and Sinking Fund.

If at any time the balance in said Second State Building Bond Interest and Sinking Fund should be insufficient to pay accruing interest or maturing principal of said bonds, the Board of Fund Commissioners shall direct the State Comptroller to transfer from the State Revenue Fund to said Second State Building Bond Interest and Sinking Fund the sum required for said purposes, or either of them, and said sum so transferred shall be reimbursed to the State Revenue Fund whenever there may be a balance in the Second State Building Bond Interest and Sinking Fund in excess of the amount which may then be needed to meet the accruing interest and maturing principal of the said bonds during one fiscal year next succeeding.

All funds paid into the Second State Building Bond Interest and Sinking Fund shall be and stand appropriated without legislative action to the payment of principal and interest of the said bonds, there to remain until paid out in discharge of the principal of said bonds and the interest accruing thereon, and no part of such fund shall be used for any other purpose so long as any of the principal of said bonds and the interest thereon shall be unpaid, provided, however, that nothing herein contained shall prevent the reimbursement from the said Second State Building Bond Interest and Sinking Fund of the State Revenue Fund, as hereinabove provided.

The General Assembly shall enact such laws as may be necessary to carry this amendment into effect.

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(Adopted at special election held January 24, 1956).

----------------- III Section 37(a) 2/23/1956 -----------------

  III Section 37(b).  Water pollution control fund established — bonds authorized — funds to stand appropriated. — The general assembly may authorize the contracting of an indebtedness on behalf of the state of Missouri and the issuance of bonds or other evidences of indebtedness not exceeding in the aggregate the sum of one hundred fifty million dollars for the purpose of providing funds for use in this state for the protection of the environment through the control of water pollution.  The bonds shall be issued by the state board of fund commissioners from time to time and in such amounts as may be necessary to carry on a program by the water pollution board of the state as determined by the general assembly for the planning, financing and constructing sewage treatment facilities by any county, municipality, sewer district, or any combination of the same and the board of fund commissioners shall offer such bonds at public sale, and shall provide such method as it may deem necessary for the advertisement of the sale of each issue of said bonds before the same are sold.

The proceeds of the sale or sales of any bonds issued hereunder shall be paid into the state treasury and be credited to a fund to be designated the "Water Pollution Control Fund".

The bonds shall be retired serially and by installments within a period not to exceed twenty-five years from their date of issue and shall bear interest at a rate or rates not exceeding the rate permitted by law.

The proceeds of the sale of the bonds herein authorized shall be expended for the purposes for which the bonds are hereinabove authorized to be issued.

The bonds and the interest thereon shall be paid out of the "Water Pollution Control Bond and Interest Fund", which is hereby created, and the payment of said bonds and the interest thereon shall be secured by a pledge of the full faith, credit and resources of the state of Missouri.  Upon the issuance of such bonds, or any portion thereof, the state board of fund commissioners shall notify the state comptroller of the amount of money required, in the remaining portion of the fiscal year during which said bonds shall have been issued, for the payment of interest on the said bonds, and of the amount of money required for the payment of interest on the said bonds in the next succeeding fiscal year, and to pay said bonds as they mature.  Thereafter, within thirty days after the beginning of each fiscal year, the state board of fund commissioners shall notify the state comptroller of the amount of money required for the payment of interest on the said bonds in the next succeeding fiscal year and to pay said bonds maturing in such next succeeding fiscal year.

It shall be the duty of the state comptroller to transfer, at least monthly, from the state revenue fund, after deducting therefrom the proportionate part thereof appropriated for the support of the free public schools, and to credit to the water pollution control bond and interest fund such sum as may be necessary from time to time until there shall have been transferred to said fund the amount so certified to him by the state board of fund commissioners, as hereinabove provided.

If at any time after the issuance of any of the said bonds, it shall become apparent to the state comptroller that the funds available in the state revenue fund, as aforesaid, will not be sufficient for the payment of the sinking fund and interest on outstanding obligations of the state and for the purpose of public education and the principal and interest maturing and accruing on said bonds during the next succeeding fiscal year, a direct tax shall be levied upon all taxable tangible property in the state for the payment of said bonds and the interest that will accrue thereon.  In such event, it shall be the duty of the state comptroller annually, on or before the first day of July, to determine the rate of taxation necessary to be levied upon all taxable tangible property within the state to raise the amount of money needed to pay the principal of and interest on such bonds maturing and accruing in the next succeeding fiscal year, taking into consideration available funds, delinquencies and costs of collection.  The state comptroller shall annually certify the rate of taxation so determined to the county clerk of each county and to the comptroller or other officer in the city of St. Louis whose duty it shall be to make up and certify the tax books wherein are extended the ad valorem state taxes.  It shall be the duty of said clerks and the said comptroller or other proper officer in the city of St. Louis to extend upon the tax books the taxes to be collected and to certify the same to the collectors of the revenue of their respective counties and of the city of St. Louis, who shall collect such taxes at the same time and in the same manner and by the same means as are now or may hereafter be provided by law for the collection of state and county taxes, and to pay the same into the state treasury for the credit of the water pollution control bond and interest fund.

All funds paid into the water pollution control bond and interest fund shall be and stand appropriated without legislative action to the payment of principal and interest of the said bonds, there to remain until paid out in discharge of the principal of said bonds and the interest accruing thereon, and no part of such fund shall be used for any other purpose so long as any of the principal of said bonds and the interest thereon shall be unpaid.

The general assembly may enact such laws as may be necessary to carry this amendment into effect.

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(Adopted October 5, 1971).

----------------- III Section 37(b) 11/4/1971 -----------------

  III Section 37(c).  Additional water pollution control bonds authorized — procedure. — The general assembly may authorize the contracting of an indebtedness on behalf of the state of Missouri and the issuance of bonds or other evidences of indebtedness not exceeding in the aggregate the sum of two hundred million dollars for the purpose of providing funds for use in this state for the protection of the environment through the control of water pollution.  The bonds shall be issued by the State Board of Fund Commissioners from time to time and in such amounts as may be necessary to carry on a program by the Clean Water Commission of the state as determined by the General Assembly for the planning, financing and constructing sewage treatment facilities by any county, municipality, sewer district, or any combination of the same and the Board of Fund Commissioners shall offer such bonds at public sale, and shall provide such method as it may deem necessary for the advertisement of the sale of each issue of said bonds before the same are sold.

The proceeds of the sale or sales of any bonds issued hereunder shall be paid into the state treasury and be credited to a fund to be designated the "Water Pollution Control Fund."

The bonds shall be retired serially and by installments within a period not to exceed twenty-five years from their date of issue and shall bear interest at a rate or rates not exceeding the rate permitted by law.

The proceeds of the sale of the bonds herein authorized shall be expended for the purposes for which the bonds are hereinabove authorized to be issued.

The bonds and the interest thereon shall be paid out of the Water Pollution Control Bond and Interest Fund, which is hereby created, and the payment of said bonds and the interest thereon shall be secured by a pledge of the full faith, credit and resources of the State of Missouri.  

Upon the issuance of such bonds, or any portion thereof, the State Board of Fund Commissioners shall notify the Commissioner of Administration of the amount of money required, in the remaining portion of the fiscal year during which said bonds shall have been issued, for the payment of interest on the said bonds, and of the amount of money required for the payment of interest on the said bonds in the next succeeding fiscal year, and to pay said bonds as they mature.  Thereafter, within thirty days after the beginning of each fiscal year, the State Board of Fund Commissioners shall notify the Commissioner of Administration of the amount of money required for the payment of interest on the said bonds in the next succeeding fiscal year and to pay said bonds maturing in such next succeeding fiscal year.

It shall be the duty of the Commissioner of Administration to transfer at least monthly, from the State Revenue Fund, after deducting therefrom the proportionate part thereof appropriated for the support of the free public schools, and to credit to the Water Pollution Control Bond and Interest Fund such sum as may be necessary from time to time until there shall have been transferred to said fund the amount so certified to him by the State Board of Fund Commissioners, as hereinabove provided.

If at any time after the issuance of any of the said bonds, it shall become apparent to the Commissioner of Administration that the funds available in the State Revenue Fund, as aforesaid, will not be sufficient for the payment of the sinking fund and interest on outstanding obligations of the state and for the purpose of public education and the principal and interest maturing and accruing on said bonds during the next succeeding fiscal year, a direct tax shall be levied upon all taxable tangible property in the state for the payment of said bonds and the interest that will accrue thereon.  In such event, it shall be the duty of the Commissioner of Administration annually, on or before the first day of July, to determine the rate of taxation necessary to be levied upon all taxable tangible property within the state to raise the amount of money needed to pay the principal of and interest on such bonds maturing and accruing in the next succeeding fiscal year, taking into consideration available funds, delinquencies and costs of collection.  The Commissioner of Administration shall annually certify the rate of taxation so determined to the county clerk of each county to the comptroller or other officer in the city of St. Louis whose duty it shall be to make up and certify the tax books wherein are extended the ad valorem state taxes.  It shall be the duty of said clerks and the said comptroller or other proper officer in the city of St. Louis to extend upon the tax books the taxes to be collected and to certify the same to the collectors of the revenue of their respective counties and of the city of St.  Louis, who shall collect such taxes at the same time and in the same manner and by the same means as are now or may hereafter be provided by law for the collection of state and county taxes, and to pay the same into the state treasury for the credit of the "Water Pollution Control Bond and Interest Fund."

All funds paid into the Water Pollution Control Bond and Interest Fund shall be and stand appropriated without legislative action to the payment of principal and interest of the said bonds, there to remain until paid out in discharge of the principal of said bonds and the interest accruing thereon, and no part of such fund shall be used for any other purpose so long as any of the principal of said bonds and the interest thereon shall be unpaid.

The General Assembly may enact such laws as may be necessary to carry this amendment into effect.

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(Adopted November 6, 1979).

----------------- III Section 37(c) 12/6/1979 -----------------

  III Section 37(d).  Third state building bond issue authorized — procedures — use of funds. — The general assembly may authorize the contracting of an indebtedness on behalf of the state of Missouri and the issuance of bonds or other evidences of indebtedness in the aggregate sum of six hundred million dollars for the purpose of providing funds for improvements of state buildings and property, including state parks, including but not limited to repairing, remodeling, or rebuilding buildings and properties of the state, providing additions thereto or additional buildings where necessary, and for planning, furnishing, equipping and landscaping such improvements and for expenditures for state parks as specified in section 253.040, RSMo, and for grants administered pursuant to sections 204.031, RSMo, 192.600 through 192.620, RSMo, 68.010 to 68.070, RSMo, and 278.080, RSMo, and for construction and improvement of rail and highway access within this state.

The bonds shall be issued by the state board of fund commissioners as necessary to carry on the program of financing, planning, and constructing the improvements specified in this section as determined by the general assembly, provided that the total amount of the bonds authorized hereunder shall be issued and the same amount appropriated by the general assembly by December 31, 1987.  The board of fund commissioners shall offer the bonds at public sale, and shall provide such method as it deems necessary for the advertisement of the sale of each issue of the bonds before they are sold.  The proceeds of the sale of the bonds issued hereunder shall be paid into the state treasury and credited to a fund to be designated the "Third State Building Fund" and shall be expended only in the manner provided in this section for the purposes for which the bonds are hereinbefore authorized to be issued.  The bonds shall be retired serially and by installments within a period not to exceed twenty-five years from their date of issue and shall bear interest at a rate or rates not exceeding the rate permitted by law.  The bonds and the interest thereon shall be paid out of the "Third State Building Bond Interest and Sinking Fund", which is hereby created, and the payment of the bonds and the interest thereon shall be secured by a pledge of the full faith, credit and resources of the state of Missouri.  Upon the issuance of the bonds, or any portion thereof, the state board of fund commissioners shall notify the commissioner of administration of the amount of money required, in the remaining portion of the fiscal year during which the bonds are issued, for the payment of interest on the bonds, and of the amount of money required for the payment of interest on the bonds in the next succeeding fiscal year, and to pay the bonds as they mature.  Thereafter, within thirty days after the beginning of each fiscal year, the state board of fund commissioners shall notify the commissioner of administration of the amount of money required for the payment of interest on the bonds in the next succeeding fiscal year and to pay the bonds maturing in such next succeeding fiscal year.

The commissioner of administration shall transfer at least monthly from the state revenue fund, after deducting therefrom the proportionate part thereof appropriated for the support of the free public schools, to the credit of the third state building bond interest and sinking fund such sum as may be necessary from time to time until there is transferred to the fund the amount certified to him by the state board of fund commissioners, as hereinbefore provided.

If at any time after the issuance of the bonds it becomes apparent to the commissioner of administration that the funds available in the state revenue fund will not be sufficient for the payment of the third state building bond interest and sinking fund and interest on outstanding obligations of the state, and for the purpose of public education, and the principal and interest maturing on the bonds issued hereunder during the next succeeding fiscal year, a direct tax shall be levied upon all taxable tangible property in the state for the payment of the bonds and the interest that will accrue thereon.  In such event, the commissioner of administration shall annually, on or before the first day of July, determine the rate of taxation necessary to be levied upon all taxable tangible property within the state to raise the amount of money needed to pay the principal and interest on such bonds maturing and accruing in the next succeeding fiscal year, taking into consideration available funds, delinquencies and costs of collection.  The commissioner of administration shall annually certify the rate of taxation so determined to the county clerk of each county and to the comptroller or other officer in the city of St. Louis whose duty it is to make up and certify the tax books wherein are extended the ad valorem state taxes.  The clerks and the comptroller, or other proper officer in the city of St. Louis, shall extend upon the tax books the taxes to be collected and shall certify the same to the collectors of the revenue of their respective counties and of the city of St. Louis, who shall collect such taxes at the same time and in the same manner and by the same means as are now or may hereafter be provided by law for the collection of state and county taxes, and pay the same into the state treasury to the credit of the third state building bond interest and sinking fund.

All funds paid into the third state building bond interest and sinking fund shall be and stand appropriated without legislative action to the payment of principal and interest of the bonds, there to remain until paid out in discharge of the principal of the bonds and the interest accruing thereon, and no part of such fund shall be used for any other purpose so long as any of the principal of the bonds and interest thereon are unpaid.

The general assembly may appropriate in any year such amount from the third state building fund as it determines to be necessary for the purposes specified herein.  Any amount so appropriated in any year shall be distributed according to the following guidelines:

  (1)  A minimum of 20% of the total amount of appropriations from the third state building fund in any year shall be used for the repair, replacement and maintenance of state buildings and facilities as determined by the general assembly;

  (2)  15% of the total amount of appropriations from the third state building fund in any year shall be allocated for the purpose of stimulating economic development in this state and shall be distributed as follows:

  (a)  20% of the appropriations under this subdivision shall be appropriated to the department of highways and transportation for highway purposes;

  (b)  20% of the appropriations under this subdivision shall be appropriated to the office of the governor or a department so designated by the governor for transportation purposes other than highways and for capital improvement expenditures as they relate to projects relating to chapter 68, RSMo;

  (c)  20% of the appropriations under this subdivision shall be appropriated to fund grants administered pursuant to section 204.031, RSMo;

  (d)  26.6% of the appropriations under this subdivision shall be appropriated to fund grants administered pursuant to section 278.080, RSMo;

  (e)  13.4% of the appropriations under this subdivision shall be appropriated to fund grants administered pursuant to sections 192.600 through 192.620, RSMo;

  (3)  A maximum of 65% of the total amount appropriated from the third state building fund in any year shall be distributed among the following departments and agencies of state government as follows:

  (a)  2.7% of the appropriations under this subdivision shall be appropriated to the department of agriculture;

  (b)  .2% of the appropriations under this subdivision shall be appropriated to the department of elementary and secondary education;

  (c)  36.3% of the appropriations under this subdivision shall be appropriated to the department of higher education;

  (d)  17.0% of the appropriations under this subdivision shall be appropriated to the department of mental health;

  (e)  15.1% of the appropriations under this subdivision shall be appropriated to the department of natural resources for state parks and historic preservation;

  (f)  1.9% of the appropriations under this subdivision shall be appropriated to the department of public safety;

  (g)  18.4% of the appropriations under this subdivision shall be appropriated to the department of corrections and human resources;

  (h)  3.4% of the appropriations under this subdivision shall be appropriated to the department of social services;

  (i)  5.0% of the appropriations under this subdivision shall be appropriated to the board of public buildings for planning for capital improvement projects to be funded from the third state building fund.

The general assembly may enact such laws as may be necessary to carry this amendment into effect.  With the exception of those projects involving the repair, replacement or maintenance of state buildings or facilities for which at least 20% of any year's appropriations from the fund are reserved as provided above, no project proposed to be funded from the third state building fund shall be commenced unless the general assembly shall first have specifically authorized such undertaking by passage of legislation apart from its ordinary appropriation process.  The additional revenue provided by this section shall not be part of "total state revenue" in sections 17 and 18 of article X of this constitution.  The expenditure of this additional revenue shall not be an "expense of state government" under section 20 of article X of this constitution.

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(Adopted June 8, 1982).

----------------- III Section 37(d) 7/8/1982 -----------------

  III Section 37(e).  Water pollution control, improvement of drinking water systems and storm water control — amount of indebtedness, bonds authorized, procedure. — 1.  The general assembly may authorize the contracting of an indebtedness on behalf of the state of Missouri and the issuance of bonds or other evidences of indebtedness not exceeding in the aggregate the sum of two hundred seventy-five million dollars for the purpose of providing funds for use in this state for the control of water pollution and improvements to drinking water systems, including the establishment of water supply hook-ups from unincorporated areas of any county to water supplies, whether or not a particular county as a whole is classified as rural, and for storm water control, through grants and loans administered by the clean water commission and the department of natural resources pursuant to law. The repeal and re-enactment of this section shall not be construed to increase the aggregate amount of indebtedness which may be authorized pursuant to this section above the amount authorized pursuant to this section immediately prior to such repeal and re-enactment.  The bonds shall be issued by the state board of fund commissioners from time to time and in such amounts as may be necessary to carry on the program of the clean water commission and the department of natural resources as determined by the general assembly for the financing and constructing of these improvements by any county, municipality, sewer district, water district, or any combination of the same.  The board of fund commissioners shall offer such bonds at public sale, and shall provide such method as it may deem necessary for the advertisement of the sale of each issue of bonds before such bonds are sold.  The proceeds of the sale or sales of any bonds issued hereunder shall be paid into the state treasury and be credited to a fund to be designated the water pollution control fund.  The bonds shall be retired serially and by installments within a period not to exceed twenty-five years from their date of issue and shall bear interest at a rate or rates not exceeding the rate permitted by law.  The proceeds of the sale of the bonds herein authorized shall be expended for the purposes for which the bonds are hereinabove authorized to be issued.

  2.  The bonds and the interest thereon shall be paid out of the "Water Pollution Control Bond and Interest Fund", which is hereby created, and the payment of such bonds and the interest thereon shall be secured by a pledge of the full faith, credit and resources of the state of Missouri.  Upon the issuance of such bonds, or any portion thereof, the state board of fund commissioners shall notify the commissioner of administration of the amount of money required, in the remaining portion of the fiscal year during which such bonds shall have been issued, for the payment of interest on the bonds, and of the amount of money required for the payment of interest on the bonds in the next succeeding fiscal year, and to pay such bonds as they mature.  Thereafter, within thirty days after the beginning of each fiscal year, the state board of fund commissioners shall notify the commissioner of administration of the amount of money required for the payment of interest on the bonds in the next succeeding fiscal year and to pay such bonds maturing in the next succeeding fiscal year.

  3.  It shall be the duty of the commissioner of administration to transfer at least monthly, from the state general revenue fund, after deducting therefrom the proportionate part thereof appropriated for the support of the free public schools, and to credit to the water pollution control bond and interest fund such sum as may be necessary from time to time until there shall have been transferred to such fund the amount so certified to the commissioner of administration by the state board of fund commissioners, as provided in this section.

  4.  If at any time after the issuance of any of the bonds, it shall become apparent to the commissioner of administration that the funds available in the state general revenue fund will not be sufficient for the payment of the sinking fund and interest on outstanding obligations of the state and for the purpose of public education and the principal and interest maturing and accruing on the bonds during the next succeeding fiscal year, a direct tax shall be levied upon all taxable tangible property in the state for the payment of such bonds and the interest that will accrue thereon.  In such event, it shall be the duty of the commissioner of administration annually, on or before the first day of July, to determine the rate of taxation necessary to be levied upon all taxable tangible property within the state to raise the amount of money needed to pay the principal of and interest on such bonds maturing and accruing in the next succeeding fiscal year, taking into consideration available funds, delinquencies and costs of collection.  The commissioner of administration shall annually certify the rate of taxation so determined to the county clerk of each county to the comptroller or other officer in the city of St. Louis whose duty it shall be to make up and certify the tax books wherein are extended the ad valorem state taxes.  It shall be the duty of such clerks and the comptroller or other proper officer in the city of St Louis to extend upon the tax books the taxes to be collected and to certify the same to the collectors of the revenue of their respective counties and of the city of St.  Louis, who shall collect such taxes at the same time and in the same manner and by the means as are now or may hereafter be provided by law for the collection of state and county taxes, and to pay the same into the state treasury for the credit of the water pollution control bond and interest fund.

  5.  All funds paid into the water pollution control bond and interest fund shall be and stand appropriated without legislative action to the payment of principal and interest of the bonds, there to remain until paid out in discharge of the principal of such bonds and the interest accruing thereon, and no part of such fund shall be used for any other purpose so long as any of the principal of such bonds and the interest thereon shall be unpaid.  The general assembly may appropriate in any year such amount from the water pollution control fund as it determines to be necessary for the purposes specified herein.  However, such appropriations may not exceed fifty million dollars, in the aggregate, for the purpose of providing rural water and sewer grants, including grants for the establishment of water supply hook-ups from unincorporated areas of any county to water supplies, whether or not a particular county as a whole is classified as rural, administered by the department of natural resources pursuant to law, and may not exceed twenty-five million dollars, in the aggregate, for the purpose of storm water control.  The general assembly may enact such laws as may be necessary to carry this amendment into effect.

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(Adopted November 8, 1988) (Amended November 3, 1998).

----------------- III Section 37(e) 12/3/1998 -----------------

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  III Section 37(f).  Fourth state building bond and interest fund created — bond issue authorized, procedure — use of funds. — 1.  The general assembly may authorize the contracting of an indebtedness on behalf of the state of Missouri and the issuance of bonds or other evidences of indebtedness not exceeding in the aggregate the sum of two hundred fifty million dollars for the purpose of providing funds for rebuilding buildings of institutions of higher education including public community colleges, the department of corrections and the division of youth services, providing additions thereto or additional buildings where necessary, for land acquisition, for construction or purchase of buildings, and for planning, furnishing, equipping and landscaping such improvements and buildings.  The bonds shall be issued by the state board of fund commissioners from time to time and in such amounts as may be necessary as determined by the general assembly for such purposes.  The board of fund commissioners shall offer such bonds at public sale, and shall provide such method as it may deem necessary for the advertisement of the sale of each issue of bonds before such bonds are sold.  The proceeds of the sale or sales of any bonds issued under this section shall be paid into the state treasury and be credited to a fund to be designated the fourth state building fund.  The bonds shall be retired serially and by installments within a period not to exceed twenty-five years from their date of issue and shall bear interest at a rate or rates not exceeding the rate permitted by law.  The proceeds of the sale of the bonds authorized in this section shall be expended for the purposes for which the bonds are authorized to be issued.

  2.  The bonds and the interest thereon shall be paid out of the "Fourth State Building Bond and Interest Fund", which is hereby created, and the payment of such bonds and the interest thereon shall be secured by a pledge of the full faith, credit and resources of the state of Missouri.  Upon the issuance of such bonds, or any portion thereof, the state board of fund commissioners shall notify the commissioner of administration of the amount of money required, in the remaining portion of the fiscal year during which such bonds shall have been issued, for the payment of interest on the bonds, and of the amount of money required for the payment of interest on the bonds in the following fiscal year, and to pay such bonds as they mature.  Thereafter, within thirty days after the beginning of each fiscal year, the state board of fund commissioners shall notify the commissioner of administration of the amount of money required for the payment of interest on the bonds in the following fiscal year and to pay such bonds maturing in the following fiscal year.

  3.  It shall be the duty of the commissioner of administration to transfer at least monthly, from the state general revenue fund or from any other fund established by law for this purpose, after deducting therefrom the proportionate part thereof appropriated for the support of the free public schools, and to credit to the fourth state building bond and interest fund such sum as may be necessary from time to time until there shall have been transferred to such fund the amount so certified to the commissioner of administration by the state board of fund commissioners, as provided in this section.

  4.  If at any time after the issuance of any of the bonds, it shall become apparent to the commissioner of administration that the funds available in the state general revenue fund will not be sufficient for the payment of the sinking fund and interest on outstanding obligations of the state and for the purpose of public education and the principal and interest maturing and accruing on the bonds during the following fiscal year, a direct tax shall be levied upon all taxable tangible property in the state for the payment of such bonds and the interest that will accrue thereon.  In such event, it shall be the duty of the commissioner of administration annually, on or before the first day of July, to determine the rate of taxation necessary to be levied upon all taxable tangible property within the state to raise the amount of money needed to pay the principal of and interest on such bonds maturing and accruing in the following fiscal year, taking into consideration available funds, delinquencies and costs of collection.  The commissioner of administration shall annually certify the rate of taxation so determined to the county clerk of each county to the comptroller or other officer in the city of St. Louis whose duty it shall be to make up and certify the tax books wherein are extended the ad valorem state taxes.  It shall be the duty of such clerks and the comptroller or other proper officer in the city of St. Louis to extend upon the tax books the taxes to be collected and to certify the same to the collectors of the revenue of their respective counties and of the city of St. Louis, who shall collect such taxes at the same time and in the same manner and by the means as are now or may hereafter be provided by law for the collection of state and county taxes, and to pay the same into the state treasury for the credit of the fourth state building bond and interest fund.

  5.  All funds paid into the fourth state building bond and interest fund shall be and stand appropriated without legislative action to the payment of principal and interest of the bonds, there to remain until paid out in discharge of the principal of such bonds and the interest accruing thereon, and no part of such fund shall be used for any other purpose so long as any of the principal of such bonds and the interest thereon shall be unpaid.  The general assembly may appropriate in any year such amount from the fourth state building fund as it determines to be necessary for the purposes specified in this section.  The general assembly may enact such laws as may be necessary to implement the provisions of this section.  The additional revenue provided by this section shall not be part of "total state revenue" in sections 17 and 18 of article X of this constitution.  The expenditure of such additional revenue shall not be an "expense of state government" under section 20 of article X of this constitution.

  6.  The governor or his designated representative shall develop in consultation with the state board of fund commissioners a percentage plan for application by African Americans, women and other minority businesses in all state bond programs.  The governor or his designated representative shall develop, in consultation with the state board of fund commissioners, a percentage plan for application by African American, women, and other minority, for employment opportunity in the state construction building plan.  Such minority business and employment plans shall be filed with the Missouri minority business advocacy commission.

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(Adopted August 2, 1994).

----------------- III Section 37(f) 9/1/1994 -----------------

  III Section 37(g).  Rural water and sewer grants and loans — bonds authorized, procedure — appropriation of funds, limitations. — 1.  In addition to any other indebtedness authorized under this constitution or the laws of this state, the general assembly may authorize the contracting of an indebtedness on behalf of the state of Missouri and the issuance of bonds or other evidences of indebtedness not exceeding in the aggregate the sum of one hundred million dollars for the purpose of providing rural water and sewer grants and loans, including grants for the establishment of water supply hook-ups in unincorporated areas of any county to water supplies, whether or not a particular county as a whole is classified as rural, through grants and loans administered by the clean water commission and the department of natural resources pursuant to procedures in chapter 640, RSMo, and chapter 644, RSMo.  The bonds shall be issued by the state board of fund commissioners from time to time and in such amounts as may be necessary to carry on the program of the clean water commission and the department of natural resources as determined by the general assembly for the financing and constructing of these improvements by any county, municipality, sewer district, water district, or any combination of the same.  The board of fund commissioners shall offer such bonds at public sale, and shall provide such method as it may deem necessary for the advertisement of the sale of each issue of bonds before such bonds are sold.  The proceeds of the sale or sales of any bonds issued hereunder shall be paid into the state treasury and be credited to the water pollution control bond fund.  The bonds shall be retired serially and by installments within a period not to exceed twenty-five years from their date of issue and shall bear interest at a rate or rates not exceeding the rate permitted by law.  The proceeds of the sale of the bonds herein authorized shall be expended for the purposes for which the bonds are hereinabove authorized to be issued.

  2.  The bonds and the interest thereon shall be paid out of the water pollution control bond and interest fund and the payment of such bonds and the interest thereon shall be secured by a pledge of the full faith, credit and resources of the state of Missouri.  Upon the issuance of such bonds, or any portion thereof, the state board of fund commissioners shall notify the commissioner of administration of the amount of money required, in the remaining portion of the fiscal year during which such bonds shall have been issued, for the payment of interest on the bonds in the next succeeding fiscal year, and to pay such bonds as they mature.  Thereafter, within thirty days after the beginning of each fiscal year, the state board of fund commissioners shall notify the commissioner of administration of the amount of money required for the payment of interest on the bonds in the next succeeding fiscal year and to pay such bonds maturing in the next succeeding fiscal year.

  3.  It shall be the duty of the commissioner of administration to transfer at least monthly, from the state general revenue fund, after deducting therefrom the proportionate part thereof appropriated for the support of the free public schools, and to credit to the water pollution control bond and interest fund such sum as may be necessary from time to time until there shall have been transferred to such fund the amount so certified to the commissioner of administration by the state board of fund commissioners, as provided by this section.

  4.  If at any time after the issuance of any of the bonds, it shall become apparent to the commissioner of administration that the funds available in the state general revenue fund will not be sufficient for the payment of the sinking fund and interest on outstanding obligations of the state and for the purpose of public education and the principal and interest maturing and accruing on the bonds during the next succeeding fiscal year, a direct tax shall be levied upon all taxable tangible property in the state for the payment of such bonds and the interest that will accrue thereon.  In such event, it shall be the duty of the commissioner of administration annually, on or before the first day of July, to determine the rate of taxation necessary to be levied upon all taxable tangible property within the state to raise the amount of money needed to pay the principal of and interest on such bonds maturing and accruing in the next succeeding fiscal year, taking into consideration available funds, delinquencies and costs of collection.  The commissioner of administration shall annually certify the rate of taxation so determined to the county clerk of each county and to the comptroller or other officer in the city of St. Louis whose duty it shall be to make up and certify the tax books wherein are extended the ad valorem state taxes.  It shall be the duty of such clerks and the comptroller or other proper officer in the city of St. Louis to extend upon the tax books the taxes to be collected and to certify the same to the collectors of the revenue of their respective counties and of the city of St.  Louis, who shall collect such taxes at the same time and in the same manner and by the means as are now or may hereafter be provided by law for the collection of state and county taxes, and to pay the same into the state treasury for the credit of the water pollution control bond and interest fund.

  5.  All funds paid into the water pollution control bond and interest fund shall be and stand appropriated without legislative action to the payment of principal and interest of the bonds, there to remain until paid out in discharge of the principal of such bonds and the interest accruing thereon, and no part of such fund shall be used for any other purpose so long as any of the principal of such bonds and the interest thereon shall be unpaid.  The general assembly may appropriate in any year such amount from the water pollution control fund as it determines to be necessary for the purposes specified herein.  However, such appropriations may not exceed ten million dollars for the purpose of providing rural water and sewer grants and loans, including grants for the establishment of water supply hook-ups from unincorporated areas of any county to water supplies, whether or not a particular county as a whole is classified as rural, administered by the department of natural resources pursuant to law.  The general assembly may enact such laws as may be necessary to carry this amendment into effect.

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(Adopted November 3, 1998).

----------------- III Section 37(g) 12/3/1998 -----------------

  III Section 37(h).  Storm water control plans, studies and projects — bonds authorized, procedure — storm water control bond and interest fund created, administration (includes St. Louis City and counties of the first classification). — 1.  In addition to any other indebtedness authorized under this constitution or the laws of this state, the general assembly may authorize the contracting of an indebtedness on behalf of the state of Missouri and the issuance of bonds or other evidences of indebtedness not exceeding in the aggregate the sum of two hundred million dollars for the purpose of providing funds for use in this state for stormwater control plans, studies and projects in counties of the first classification and in any city not within a county, through grants and loans administered by the clean water commission and the department of natural resources pursuant to the procedures in chapter 644, RSMo.  The bonds shall be issued by the state board of fund commissioners from time to time and in such amounts as may be necessary to carry on the program of the clean water commission and the department of natural resources as determined by the general assembly for the financing and constructing of these plans, studies and projects by any municipality, public sewer district, sewer district established pursuant to article VI, section 30(a) of the Missouri Constitution, public water district, or any combination of the same located in a county of the first classification or in any city not within a county or by any county of the first classification.  The board of fund commissioners shall offer such bonds at public sale, and shall provide such method as it may deem necessary for the advertisement of the sale of each issue of bonds before such bonds are sold.  The proceeds of the sale or sales of any bonds issued hereunder shall be paid into the state treasury and be credited to a fund to be designated the "Stormwater Control Fund".  The bonds shall be retired serially and by installments within a period not to exceed twenty-five years from their date of issue and shall bear interest at a rate or rates not exceeding the rate permitted by law.  The proceeds of the sale of the bonds herein authorized shall be expended for the purposes for which the bonds are hereinabove authorized to be issued.

  2.  The bonds and the interest thereon shall be paid out of the "Stormwater Control Bond and Interest Fund", which is hereby created, and the payment of such bonds and the interest thereon shall be secured by a pledge of the full faith, credit and resources of the state of Missouri.  Upon the issuance of such bonds, or any portion thereof, the state board of fund commissioners shall notify the commissioner of administration of the amount of money required, in the remaining portion of the fiscal year during which such bonds shall have been issued, for the payment of interest on the bonds, and of the amount of money required for the payment of interest on the bonds in the next succeeding fiscal year, and to pay such bonds as they mature.  Thereafter, within thirty days after the beginning of each fiscal year, the state board of fund commissioners shall notify the commissioner of administration of the amount of money required for the payment of interest on the bonds in the next succeeding fiscal year and to pay such bonds maturing in the next succeeding fiscal year.

  3.  It shall be the duty of the commissioner of administration to transfer at least monthly, from the state general revenue fund, after deducting therefrom the proportionate part thereof appropriated for the support of the free public schools, and to credit to the stormwater control bond and interest fund such sum as may be necessary from time to time until there shall have been transferred to such fund the amount so certified to the commissioner of administration by the state board of fund commissioners, as provided in this section.

  4.  If at any time after the issuance of any of the bonds, it shall become apparent to the commissioner of administration that the funds available in the state general revenue fund will not be sufficient for the payment of the sinking fund and interest on outstanding obligations of the state and for the purpose of public education and the principal and interest maturing and accruing on the bonds during the next succeeding fiscal year, a direct tax shall be levied upon all taxable tangible property in the state for the payment of such bonds and the interest that will accrue thereon.  In such event, it shall be the duty of the commissioner of administration annually, on or before the first day of July, to determine the rate of taxation necessary to be levied upon all taxable tangible property within the state to raise the amount of money needed to pay the principal of and interest on such bonds maturing and accruing in the next succeeding fiscal year, taking into consideration available funds, delinquencies and costs of collection.  The commissioner of administration shall annually certify the rate of taxation so determined to the county clerk of each county and to the comptroller or other officer in the city of St. Louis whose duty it shall be to make up and certify the tax books wherein are extended the ad valorem state taxes.  It shall be the duty of such clerks and the comptroller or other proper officer in the city of St Louis to extend upon the tax books the taxes to be collected and to certify the same to the collectors of the revenue of their respective counties and of the city of St.  Louis, who shall collect such taxes at the same time and in the same manner and by the means as are now or may hereafter be provided by law for the collection of state and county taxes, and to pay the same into the state treasury for the credit of the stormwater control bond and interest fund.

  5.  All funds paid into the stormwater control bond and interest fund shall be and stand appropriated without legislative action to the payment of principal and interest of the bonds, there to remain until paid out in discharge of the principal of such bonds and the interest accruing thereon, and no part of such fund shall be used for any other purpose so long as any of the principal of such bonds and the interest thereon shall be unpaid.  The general assembly may appropriate in any year such amount from the stormwater control fund as it determines to be necessary for the purposes specified in this section.  Grants may be combined with loans such as those provided by the commission or the department.  Funding for grants or loans from the stormwater control fund shall be initially offered to eligible recipients in counties of the first classification and in a city not within a county in an amount equal to the percentage ratio that the population of the recipient county or city bears to the total population of all counties of the first classification and cities not within a county as determined by the last decennial census.  Any city with a population of at least twenty-five thousand inhabitants located in such counties of the first classification shall initially be offered such funds in an amount equal to the percentage ratio that the city's population bears to the total population of the county.  Other provisions of this section notwithstanding, in those cities or counties served by a sewer district established pursuant to article VI, section 30(a) of the Missouri Constitution, such district shall receive the grants or loans directly.  Any funds not accepted in the initial offers of funding under this subsection shall be subsequently offered to recipients of the initial offer of funding who continue to have eligible projects until all funds have been accepted.  Any such subsequent funding offer shall be equal to the percentage ratio that the population of the funding recipient bears to the total population of all other recipients with eligible projects.

  6.  Repayments of storm water loans and any interest payments on such loans shall be deposited in a fund as provided by law for the purposes of financing and constructing storm water control plans, studies, and projects.  Any unexpended balance in such fund shall not be subject to biennial transfer under the provisions of section 33.080, RSMo, and all interest earned shall accrue to the fund.

  7.  The general assembly may enact such laws as may be necessary to carry out the provisions of this section.

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(Adopted November 3, 1998) (Amended November 4, 2008).

----------------- III Section 37(h) 12/4/2008 -----------------

  III Section 38(a).  Limitation on use of state funds and credit — exceptions — public calamity — blind pensions — old age assistance — aid to children — direct relief — adjusted compensation for veterans — rehabilitation — participation in federal aid. — The general assembly shall have no power to grant public money or property, or lend or authorize the lending of public credit, to any private person, association or corporation, excepting aid in public calamity, and general laws providing for pensions for the blind, for old age assistance, for aid to dependent or crippled children or the blind, for direct relief, for adjusted compensation, bonus or rehabilitation for discharged members of the armed services of the United States who were bona fide residents of this state during their service, and for the rehabilitation of other persons.  Money or property may also be received from the United States and be redistributed together with public money of this state for any public purpose designated by the United States.

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Source: Const. of 1875, Art. IV, §§ 45, 46, 47 (as amended in 1916, 1920, 1932, 1936, and 1938).

(1962) Highway commission had authority to condemn easement to provide a substitute location for pipelines which was necessary for interstate highway construction as the taking was for public purpose and was not in violation of Article III, Sec. 38(a) since state received compensation in surrender of existing right-of-way. State ex rel. State Highway Commission v. Eakin (Mo.), 357 S.W.2d 129.

(1974) The requirement in Sec. 552.080, RSMo, that the state pay the costs of medical care of person committed to state hospital after being acquitted of a crime by reason of mental disease does not violate this section since commitment is not voluntary. Robb v. Estate of Brown (A.), 518 S.W.2d 729.

(1987) This section forbids the issuance of revenue bonds which provide a tax credit upon default. Curchin v. Missouri Industrial Development Board, 722 S.W.2d 930 (Mo. banc 1987).

----------------- III Section 38(a) 2/27/1945 -----------------

  III Section 38(b).  Tax levy for blind pension fund. — The general assembly shall provide an annual tax of not less than one-half of one cent nor more than three cents on the one hundred dollars valuation of all taxable property to be levied and collected as other taxes, for the purpose of providing a fund to be appropriated and used for the pensioning of the deserving blind as provided by law.  Any balance remaining in the fund after the payment of the pensions may be appropriated for the adequate support of the commission for the blind, and any remaining balance shall be transferred to the distributive public school fund.

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Source: Const. of 1875, Art. VI, § 47.

CROSS REFERENCE:

Rate of levy, RSMo 209.130

(1954) Section 99.450, RSMo, which requires sale of property cleared at public expense at fair value is not grant of special privilege or of public property in aid of private persons. State on Inf. Dalton v. Land Clearance for Redev. Auth., 364 Mo. 974, 270 S.W.2d 44; (1954) Land Clearance for Redev. Auth. v. City of St. Louis (Mo.), 270 S.W.2d 58.

----------------- III Section 38(b) 2/27/1945 -----------------

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  III Section 38(c).  Neighborhood improvement districts, cities and counties may be authorized to establish, powers and duties — limitation on indebtedness. — 1.  The general assembly may authorize cities and counties to create neighborhood improvement districts and incur indebtedness and issue general obligation bonds to pay for all or part of the cost of public improvements within such districts.  The cost of all indebtedness so incurred shall be levied and assessed by the governing body of the city or county on the property benefited by such improvements.  The city or county shall collect the special assessments so levied and use the same to reimburse the city or county for the amount paid or to be paid by it on the general obligation bonds issued for such improvements.

  2.  Neighborhood improvement districts may be created by a city or county only when approved by the vote of a percentage of electors voting thereon within such district, or by a petition signed by the owners of record of a percentage of real property located within such district, that is equal to the percentage of voter approval required for the issuance of general obligation bonds under article VI, section 26.

  3.  The total amount of city or county indebtedness for all such districts shall not exceed ten percent of the assessed valuation of all taxable tangible property, as shown by the last completed property assessment for state or local purposes, within the city or county.

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(Adopted August 7, 1990).

(1996) "Neighborhood" does not require multiple parcels or multiple residents. Section creates an exception to Art. VI, § 26(f). Spradlin v. City of Fulton, 924 S.W.2d 259 (Mo. banc).

----------------- III Section 38(c) 9/6/1990 -----------------

  III Section 38(d).  Stem cell research — title of law — permissible research — violations, penalty — report required, when — prohibited acts — definitions. — 1.  This section shall be known as the "Missouri Stem Cell Research and Cures Initiative."

  2.  To ensure that Missouri patients have access to stem cell therapies and cures, that Missouri researchers can conduct stem cell research in the state, and that all such research is conducted safely and ethically, any stem cell research permitted under federal law may be conducted in Missouri, and any stem cell therapies and cures permitted under federal law may be provided to patients in Missouri, subject to the requirements of federal law and only the following additional limitations and requirements:

  (1)  No person may clone or attempt to clone a human being.

  (2)  No human blastocyst may be produced by fertilization solely for the purpose of stem cell research.

  (3)  No stem cells may be taken from a human blastocyst more than fourteen days after cell division begins; provided, however, that time during which a blastocyst is frozen does not count against the fourteen- day limit.

  (4)  No person may, for valuable consideration, purchase or sell human blastocysts or eggs for stem cell research or stem cell therapies and cures.

  (5)  Human blastocysts and eggs obtained for stem cell research or stem cell therapies and cures must have been donated with voluntary and informed consent, documented in writing.

  (6)  Human embryonic stem cell research may be conducted only by persons that, within 180 days of the effective date of this section or otherwise prior to commencement of such research, whichever is later, have

  (a)  provided oversight responsibility and approval authority for such research to an embryonic stem cell research oversight committee whose membership includes representatives of the public and medical and scientific experts;

  (b)  adopted ethical standards for such research that comply with the requirements of this section; and

  (c)  obtained a determination from an Institutional Review Board that the research complies with all applicable federal statutes and regulations that the Institutional Review Board is responsible for administering.

  (7)  All stem cell research and all stem cell therapies and cures must be conducted and provided in accordance with state and local laws of general applicability, including but not limited to laws concerning scientific and medical practices and patient safety and privacy, to the extent that any such laws do not (i) prevent, restrict, obstruct, or discourage any stem cell research or stem cell therapies and cures that are permitted by the provisions of this section other than this subdivision (7) to be conducted or provided, or (ii) create disincentives for any person to engage in or otherwise associate with such research or therapies and cures.

  3.  Any person who knowingly and willfully violates in this state subdivision (1) of subsection 2 of this section commits a crime and shall be punished by imprisonment for a period of up to fifteen years or by the imposition of a fine of up to two hundred fifty thousand dollars, or by both.  Any person who knowingly and willfully violates in this state subdivisions (2) or (3) of subsection 2 of this section commits a crime and shall be punished by imprisonment for a period of up to ten years or by the imposition of a fine of up to one hundred thousand dollars, or by both.  A civil action may be brought against any person who knowingly and willfully violates in this state any of subdivisions (1) through (6) of subsection 2 of this section, and the state in such action shall be entitled to a judgment recovering a civil penalty of up to fifty thousand dollars per violation, requiring disgorgement of any financial profit derived from such violation, and/or enjoining any further such violation.  The attorney general shall have the exclusive right to bring a civil action for such violation.  Venue for such action shall be the county in which the alleged violation occurred.

  4.  Each institution, hospital, other entity, or other person conducting human embryonic stem cell research in the state shall (i) prepare an annual report stating the nature of the human embryonic stem cells used in, and the purpose of, the research conducted during the prior calendar year, and certifying compliance with subdivision (6) of subsection 2 of this section; and (ii) no later than June 30 of the subsequent year, make such report available to the public and inform the Secretary of State how the public may obtain copies of or otherwise gain access to the report.  The report shall not contain private or confidential medical, scientific, or other information.  Individuals conducting research at an institution, hospital, or other entity that prepares and makes available a report pursuant to this subsection 4 concerning such research are not required to prepare and make available a separate report concerning that same research.  A civil action may be brought against any institution, hospital, other entity, or other person that fails to prepare or make available the report or inform the Secretary of State how the public may obtain copies of or otherwise gain access to the report, and the state in such action shall be entitled as its sole remedy to an affirmative injunction requiring such institution, hospital, other entity, or other person to prepare and make available the report or inform the Secretary of State how the public may obtain or otherwise gain access to the report.  The attorney general shall have the exclusive right to bring a civil action for such violation.

  5.  To ensure that no governmental body or official arbitrarily restricts funds designated for purposes other than stem cell research or stem cell therapies and cures as a means of inhibiting lawful stem cell research or stem cell therapies and cures, no state or local governmental body or official shall eliminate, reduce, deny, or withhold any public funds provided or eligible to be provided to a person that (i) lawfully conducts stem cell research or provides stem cell therapies and cures, allows for such research or therapies and cures to be conducted or provided on its premises, or is otherwise associated with such research or therapies and cures, but (ii) receives or is eligible to receive such public funds for purposes other than such stem cell-related activities, on account of, or otherwise for the purpose of creating disincentives for any person to engage in or otherwise associate with, or preventing, restricting, obstructing, or discouraging, such stem cell-related activities.

  6.  As used in this section, the following terms have the following meanings:

  (1)  "Blastocyst" means a small mass of cells that results from cell division, caused either by fertilization or somatic cell nuclear transfer, that has not been implanted in a uterus.

  (2)  "Clone or attempt to clone a human being" means to implant in a uterus or attempt to implant in a uterus anything other than the product of fertilization of an egg of a human female by a sperm of a human male for the purpose of initiating a pregnancy that could result in the creation of a human fetus, or the birth of a human being.

  (3)  "Donated" means donated for use in connection either with scientific or medical research or with medical treatment.

  (4)  "Fertilization" means the process whereby an egg of a human female and the sperm of a human male form a zygote (i.e., fertilized egg).

  (5)  "Human embryonic stem cell research," also referred to as "early stem cell research," means any scientific or medical research involving human stem cells derived from in vitro fertilization blastocysts or from somatic cell nuclear transfer.  For purposes of this section, human embryonic stem cell research does not include stem cell clinical trials.

  (6)  "In vitro fertilization" means fertilization of an egg with a sperm outside the body.

  (7)  "Institutional Review Board" means a specially constituted review board established and operating in accordance with federal law as set forth in 42 U.S.C. 289, 45 C.F.R. Part 46, and any other applicable federal statutes and regulations, as amended from time to time.

  (8)  "Permitted under federal law" means, as it relates to stem cell research and stem cell therapies and cures, any such research, therapies, and cures that are not prohibited under federal law from being conducted or provided, regardless of whether federal funds are made available for such activities.

  (9)  "Person" means any natural person, corporation, association, partnership, public or private institution, or other legal entity.

  (10)  "Private or confidential medical, scientific, or other information" means any private or confidential patient, medical, or personnel records or matters, intellectual property or work product, whether patentable or not and including but not limited to any scientific or technological innovations in which an entity or person involved in the research has a proprietary interest, prepublication scientific working papers, research, or data, and any other matter excepted from disclosure under Chapter 610, RSMo, as amended from time to time.

  (11)  "Solely for the purpose of stem cell research" means producing human blastocysts using in vitro fertilization exclusively for stem cell research, but does not include producing any number of human blastocysts for the purpose of treating human infertility.

  (12)  "Sperm" means mature spermatozoa or precursor cells such as spermatids and spermatocytes.

  (13)  "Stem cell" means a cell that can divide multiple times and give rise to specialized cells in the body, and includes but is not limited to the stem cells generally referred to as (i) adult stem cells that are found in some body tissues (including but not limited to adult stem cells derived from adult body tissues and from discarded umbilical cords and placentas), and (ii) embryonic stem cells (including but not limited to stem cells derived from in vitro fertilization blastocysts and from cell reprogramming techniques such as somatic cell nuclear transfer).

  (14)  "Stem cell clinical trials" means federally regulated clinical trials involving stem cells and human subjects designed to develop, or assess or test the efficacy or safety of, medical treatments.

  (15)  "Stem cell research" means any scientific or medical research involving stem cells.  For purposes of this section, stem cell research does not include stem cell clinical trials.

  (16)  "Stem cell therapies and cures" means any medical treatment that involves or otherwise derives from the use of stem cells, and that is used to treat or cure any disease or injury.  For purposes of this section, stem cell therapies and cures does include stem cell clinical trials.

  (17)  "Valuable consideration" means financial gain or advantage, but does not include reimbursement for reasonable costs incurred in connection with the removal, processing, disposal, preservation, quality control, storage, transfer, or donation of human eggs, sperm, or blastocysts, including lost wages of the donor.  Valuable consideration also does not include the consideration paid to a donor of human eggs or sperm by a fertilization clinic or sperm bank, as well as any other consideration expressly allowed by federal law.

  7.  The provisions of this section and of all state and local laws, regulations, rules, charters, ordinances, and other governmental actions shall be construed in favor of the conduct of stem cell research and the provision of stem cell therapies and cures.  No state or local law, regulation, rule, charter, ordinance, or other governmental action shall (i) prevent, restrict, obstruct, or discourage any stem cell research or stem cell therapies and cures that are permitted by this section to be conducted or provided, or (ii) create disincentives for any person to engage in or otherwise associate with such research or therapies and cures.

  8.  The provisions of this section are self-executing.  All of the provisions of this section are severable.  If any provision of this section is found by a court of competent jurisdiction to be unconstitutional or unconstitutionally enacted, the remaining provisions of this section shall be and remain valid.

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(Adopted by Initiative November 7, 2006).

----------------- III Section 38(d) 12/7/2006 -----------------

  III Section 39.  Limitation of power of general assembly. — The general assembly shall not have power:

  (1) To give or lend or to authorize the giving or lending of the credit of the state in aid or to any person, association, municipal or other corporation;

  (2) To pledge the credit of the state for the payment of the liabilities, present or prospective, of any individual, association, municipal or other corporation;

  (3) To grant or to authorize any county or municipal authority to grant any extra compensation, fee or allowance to a public officer, agent, servant or contractor after service has been rendered or a contract has been entered into and performed in whole or in part;

  (4) To pay or to authorize the payment of any claim against the state or any county or municipal corporation of the state under any agreement or contract made without express authority of law;

  (5) To release or extinguish or to authorize the releasing or extinguishing, in whole or in part, without consideration, the indebtedness, liability or obligation of any corporation or individual due this state or any county or municipal corporation;

  (6) To make any appropriation of money for the payment, or on account of or in recognition of any claims audited or that may hereafter be audited by virtue of an act entitled "An Act to Audit and Adjust the War Debts of the State," approved March 19, 1874, or any act of a similar nature, until the claim so audited shall have been presented to and paid by the government of the United States to this state;

  (7) To act, when convened in extra session by the governor, upon subjects other than those specially designated in the proclamation calling said session or recommended by special message to the general assembly after the convening of an extra session;

  (8) To remove the seat of government from the City of Jefferson;

  (9) Except as otherwise provided in section 39(b), section 39(c), section 39(e) or section 39(f) of this article, to authorize lotteries or gift enterprises for any purpose, and shall enact laws to prohibit the sale of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery; except that, nothing in this section shall be so construed as to prevent or prohibit citizens of this state from participating in games or contests of skill or chance where no consideration is required to be given for the privilege or opportunity of participating or for receiving the award or prize and the term "lottery or gift enterprise" shall mean only those games or contests whereby money or something of value is exchanged directly for the ticket or chance to participate in the game or contest. The general assembly may, by law, provide standards and conditions to regulate or guarantee the awarding of prizes provided for in such games or contests under the provision of this subdivision;

  (10) To impose a use or sales tax upon the use, purchase or acquisition of property paid for out of the funds of any county or other political subdivision.

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Source: Const. of 1875, Art. IV, §§ 45, 48, 51, 52, 55, 56, Art. XIV § 10 (Amended November 7, 1978) (Amended November 6, 1984) (Amended August 5, 1986) (Amended November 8, 1994) (Amended November 3, 1998).

(1960) Tax imposed with respect to special motor vehicle fuel is a tax on the act of placing fuel in the fuel tank of a vehicle and not a use tax upon the use or acquisition of property paid for out of funds of political subdivision as prohibited by Article III Sec. 39(10) of the constitution. State ex rel. Arenson v. City of Springfield (Mo.), 332 S.W.2d 942.

(1970) Oil company's promotional game, even though participant need make no purchase to play, is a lottery. Mobil Oil Corp. v. Danforth (Mo.), 455 S.W.2d 505.

(1975) Held that state has the authority to require that names of residents of this state be taken off of mailing list of company allegedly mailing lottery material, this does not interfere with United States mail. State ex rel. Danforth v. Reader's Digest (Mo.), 527 S.W.2d 355.

(1994) Bingo, keno, numbers tickets, pull tabs, jar tickets, push cards and punch boards either fall within definition of lottery or have no element of skill as demonstrated by their similarity to lottery games and are lotteries within meaning of this section. Twenty-one and poker are not lotteries within meaning of this section. Case is remanded for determination whether slot machines, video slot machines, baccarat, craps, roulette wheel, klondike table, faro layout and video games of chance are games of pure chance or if there is an element of skill in game. Harris v. Missouri Gaming Commission, 869 S.W.2d 58 (Mo. en banc).

----------------- III Section 39 12/3/1998 -----------------

  III Section 39(a).  Bingo may be authorized — requirements. — The game commonly known as bingo when conducted by religious, charitable, fraternal, veteran or service organizations is not a lottery or gift enterprise within the meaning of subdivision (9) of section 39 of this article if the general assembly authorizes by law that religious, charitable, fraternal, service, or veteran organizations may conduct the game commonly known as bingo, upon the payment of the license fee and the issuance of the license as provided for by law.  Any such law shall include the following requirements:

  (1)  All net receipts over and above the actual cost of conducting the game as set by law shall be used only for charitable, religious or philanthropic purposes, and no receipts shall be used to compensate in any manner any person who works for or is in any way affiliated with the licensed organization;

  (2)  No license shall be granted to any organization unless it has been in continuous existence for at least five years immediately prior to the application for the license.  An organization must have twenty bona fide members to be considered to be in existence;

  (3)  No person shall participate in the management, conduct or operation of any game unless that person:

  (a)  Has been a bona fide member of the licensed organization for the six months immediately preceding such participation, and volunteers the time and service necessary to conduct the game;

  (b)  Is not a paid staff person for the licensed organization;

  (c)  Is not and has never been a professional gambler or gambling promoter;

  (d)  Has never purchased a tax stamp for wagering or gambling activity;

  (e)  Has never been convicted of any felony;

  (f)  Has never been convicted of or pleaded nolo contendere to any illegal gambling activity;

  (g)  Is of good moral character;

  (4)  Any person, any officer or director of any firm or corporation, and any partner of any partnership renting or leasing to a licensed organization any equipment or premises for use in a game shall meet all of the qualifications of paragraph (3) except subparagraph (a);

  (5)  No lease, rental arrangement or purchase arrangement for any equipment or premise for use in a game shall provide for payment in excess of the reasonable market rental rate for such premises and in no case shall any payment based on a percentage of the gross receipts or proceeds be permitted;

  (6)  No person, firm, partnership or corporation shall receive any remuneration or profit for participating in the management, conduct or operation of the game;

  (7)  Any other requirement the general assembly finds necessary to insure that any games are conducted solely for the benefit of the eligible organizations and the general community.

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(Adopted November 4, 1980) (Amended November 6, 2018).

----------------- III Section 39(a) 12/6/2018 -----------------

  III Section 39(b).  State lottery, authority to establish — lottery proceeds fund established, purpose. — 1.  The general assembly shall have authority to authorize a Missouri state lottery by law.  If such legislation is adopted, there shall be created a "State Lottery Commission" consisting of five members who shall be appointed by the governor with the advice and consent of the senate and who may be removed, for cause by the governor and who shall be chosen from the state at large and represent a broad geographic spectrum with no more than one member chosen from each federal congressional district.  Each member at the time of his appointment and qualification shall have been a resident of this state for a period of at least five years next preceding his appointment and qualification and shall also be a qualified elector therein and be not less than thirty years of age.  No more than three members of the commission shall be members of the same political party.  Members of the commission shall have three-year terms as provided by law.  Members of the commission shall receive no salary but shall receive their actual expenses incurred in the performance of their responsibilities.  The commission shall employ such persons as provided by law.  The commission shall have the authority to join other states and jurisdictions for the purpose of conducting joint lottery games.

  2.  The money received by the Missouri state lottery commission from the sale of Missouri lottery tickets, and from all other sources, shall be deposited in the "State Lottery Fund", which is hereby created in the state treasury.

  3.  The monies received from the Missouri state lottery shall be governed by appropriation of the general assembly.  Beginning July 1, 1993, monies representing net proceeds after payment of prizes and administrative expenses shall be transferred by appropriation to the "Lottery Proceeds Fund" which is hereby created within the state treasury and such monies in the lottery proceeds fund shall be appropriated solely for public institutions of elementary, secondary and higher education.

  4.  A minimum of forty-five percent of the money received from the sale of Missouri state lottery tickets shall be awarded as prizes.

  5.  The commission shall have the authority to purchase and hold title to any securities of the United States government or its agencies and instrumentalities thereof for prizes, as provided by law.

  6.  Until July 1, 1993, any person possessing a department of revenue retail sales license as provided by law or any chartered civic, fraternal, charitable or political organization or labor organization shall be eligible to obtain a license to act as a lottery ticket sales agent except a license to act as an agent to sell lottery tickets shall not be issued to any person primarily engaged in business as a lottery ticket sales agent.  Until July 1, 1993, the general assembly may impose additional qualifications on such persons to obtain a lottery ticket sales agent license as it deems appropriate.  Until July 1, 1993, the commission is also authorized to sell lottery tickets at its office and at special events as provided by law.  Beginning July 1, 1993, the general assembly shall enact laws governing lottery ticket sales.

  7.  Revenues produced from the conduct of a state lottery shall not be part of "total state revenues" as defined in sections 17 and 18 of article X of this constitution and the expenditure of such revenue shall not be an "expense of state government" under section 20 of article X of this constitution.

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(Adopted November 6, 1984) (Amended August 2, 1988) (Amended August 4, 1992).

(1988) Lottery Commission may participate in multistate lottery. Tichenor v. Missouri State Lottery Commission, 742 S.W.2d 170 (Mo. banc 1988).

----------------- III Section 39(b) 9/3/1992 -----------------

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  III Section 39(c).  Pari-mutuel wagering may be authorized by general assembly — horse racing commission established, election procedure to adopt or reject horse racing. — 1.  The general assembly may authorize on track pari-mutuel betting on horse racing in a manner provided by law.  There is hereby created the Missouri Horse Racing Commission which shall consist of five members appointed by the governor with the advice and consent of the senate.  Members of the commission shall be citizens and eligible voters of Missouri and shall not have been convicted of a felony.  Not more than three members shall be affiliated with the same political party, and not more than one member may be a resident of any one congressional district or of any single county or of the City of St. Louis.  Of the members first appointed, one shall be appointed for a one year term, one shall be appointed for a two year term, one shall be appointed for a three year term, one shall be appointed for a four year term and one shall be appointed for a five year term; and thereafter members shall be appointed for terms of five years.  The governor shall designate one of the members to be chairman.  The governor may remove any member of the commission from office for malfeasance or neglect of duty in office.  Members of the commission shall be reimbursed and paid for the expenses which they reasonably incur in the performance of their official duties, but they shall not, however, be paid a salary or other remuneration for their services unless such be authorized by law.  No person may serve as a member of the commission and his office shall be deemed vacated if:

  (i)  The member, the member's spouse, child or parent owns any interest in a race track licensed by the Commission.

  (ii)  The member, the member's spouse, child or parent is an officer, employee, consultant or otherwise receives any remuneration from race track licensee.

  (iii)  The member, the member's spouse, child or parent holds a financial interest in a management or concession contract with a race track licensee.

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A member shall not, however, be disqualified because either the member or the member's spouse, child or parent is a horse owner or a horse breeder whose horse participates as other horses and wins purses or awards in a race at a licensed race track.

  2.  At the general election to be held in November, 1986, every officer or body in charge of the elections shall order the following question on the ballot:  "Shall pari-mutuel wagering upon horse races be permitted in _________ County (or the City of St. Louis)?" This question may also be ordered upon the ballot at the general election occurring in 1988 and every four years thereafter by the governing body of any county where pari-mutuel wagering has not been previously authorized.  The general provisions of law with respect to the conduct of elections and the submission of questions to voters for determination shall apply insofar as they are applicable.  No license shall be issued by the commission authorizing pari-mutuel wagering within the grounds or enclosure of a race track until a majority of the qualified voters of the county where the race track is proposed to be located vote to accept pari-mutuel wagering in that county at one of the elections referred to above.  Once pari-mutuel wagering on horse racing has been accepted by the voters of that county at an appropriate election, no other vote shall be held on the question of the legality of such wagering in that county.  If the qualified voters of the county reject pari-mutuel wagering on horse races in that county, no elections shall be held on the question in that county except as in the manner specified above.  As used in this section, the term "county" includes the City of St. Louis.

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(Adopted August 5, 1986).

----------------- III Section 39(c) 9/4/1986 -----------------

  III Section 39(d).  Gaming revenues to be appropriated to public institutions of elementary, secondary and higher education. — All state revenues derived from the conduct of all gaming activities as are now or hereafter authorized by this constitution or by law, unless otherwise provided by law on the effective date of this section, shall be appropriated beginning July 1, 1993, solely for the public institutions of elementary, secondary and higher education and shall not be included within the definition of "total state revenues" in section 17 of article X of this constitution.

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(Adopted August 4, 1992).

----------------- III Section 39(d) 9/3/1992 -----------------

  III Section 39(e).  Riverboat gambling authorized on Missouri and Mississippi Rivers — boats in moats authorized. — The general assembly is authorized to permit upon the Mississippi and Missouri Rivers only, which shall include artificial spaces that contain water and that are within 1000 feet of the closest edge of the main channel of either of those rivers, lotteries, gift enterprises and games of chance to be conducted on excursion gambling boats and floating facilities.  Any license issued before or after the adoption date of this amendment for any excursion gambling boat or floating facility located in any such artificial space shall be deemed to be authorized by the General Assembly and to be in compliance with this Section.  

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NOTICE: You are advised that the proposed constitutional amendment may be construed to change, repeal, or modify by implication Article III, Sections 39, 39(9), and 39(e).

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(Adopted November 8, 1994) (Amended November 3, 1998).

----------------- III Section 39(e) 12/3/1998 -----------------

  III Section 39(f).  Raffles and sweepstakes, charitable or religious organizations may sponsor, standards and conditions. — Any organization recognized as charitable or religious pursuant to federal law may sponsor raffles and sweepstakes in which a person risks something of value for a prize. The general assembly may, by law, provide standards and conditions to regulate or guarantee the awarding of prizes provided for in such raffles or sweepstakes.

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(Adopted November 3, 1998).

----------------- III Section 39(f) 12/3/1998 -----------------

  VIII Section 15.  Preamble. — 1.  The people of the state of Missouri hereby find and declare that the interests of the public are best served by a well-regulated sports wagering industry that will provide substantial tax revenue to support educational institutions in Missouri.

  2.  Notwithstanding any other provision of law to the contrary, any entity licensed by the Commission pursuant to Article III, Section 39(g) may offer sports wagering:

  a.  through an online sports wagering platform to individuals physically located in this state;

  b.  at excursion gambling boats; and

  c.  at any location within each sports district, as approved by each applicable professional sports team that plays its home games in such sports district.

  3.  A licensee shall not offer sports wagering to individuals who are under twenty-one years of age.

  4.  a.  The Commission shall issue not more than one retail license to operate sports wagering in this state to each qualified applicant that is:

  (1)  an excursion gambling boat or a sports wagering operator operating on behalf of each such excursion gambling boat that has applied for a retail license to offer sports wagering at such excursion gambling boat; or

  (2)  a professional sports team or a sports wagering operator designated by each such professional sports team that has applied for a retail license to offer sports wagering within the applicable sports district in which such professional sports team plays its home games.

  b.  The Commission shall issue not more than one mobile license to operate sports wagering in this state to each qualified applicant that is:

  (1)  an owner of an excursion gambling boat located in this state or a sports wagering operator operating on behalf of each such owner, provided, however, that not more than one sports wagering operator shall be permitted to operate under such mobile license on behalf of any entity, or group of commonly owned or controlled entities, which owns, directly or indirectly, more than one excursion gambling boat located in this state; or

  (2)  a professional sports team or a sports wagering operator designated by each such professional sports team.

  c.  The Commission shall issue not more than two mobile licenses to operate sports wagering in this state directly to qualified applicants that are sports wagering operators.  Each sports wagering operator shall only be eligible for one mobile license per distinct sports wagering operator brand.  For purposes of Article III, Section 39(g) brand shall refer to the name, trade name, licensed trademark, or assumed business name of the sports wagering operator.  If there are more than two qualified applicants for a mobile license to be issued by the Commission directly to a sports wagering operator under this section, the Commission shall select the applicant for licensure based on the applicant's ability to satisfy the following criteria:

  (1)  Expertise in the business of online sports wagering;

  (2)  Integrity, sustainability, and safety of the applicant's online sports wagering platform;

  (3)  Past relevant experience of the applicant;

  (4)  Advertising and promotional plans to increase and sustain revenue;

  (5)  Ability to generate, maximize, and sustain revenues for the state;

  (6)  Demonstrated commitment to and plans for the promotion of responsible gaming; and

  (7)  Capacity to increase the number of bettors on the applicant's online sports wagering platform.

  5.  An applicant for a license to conduct sports wagering shall apply to the Commission on a form and in the manner prescribed by the Commission.  The Commission shall conduct background checks of each applicant or key persons of such applicant and shall not award a license to any applicant if such applicant or key person of such applicant has been convicted of a felony or any gambling offense in any state or federal court of the United States.  If a professional sports team designates a sports wagering operator to operate on its behalf, then that sports wagering operator, rather than the professional sports team, shall submit to the Commission for licensure and shall be considered the licensee for all aspects of Commission oversight and regulatory control.  In the application, the Commission shall require applicants to disclose the identity of all of the following:

  a.  The applicant's principal owners who directly own 10% or more of the applicant;

  b.  Each holding, intermediary, or parent company that directly owns 15% or more of the applicant; and

  c.  The applicant's board appointed chief executive officer and chief financial officer, or the equivalent individuals, as determined by the Commission.

  6.  Retail and mobile license applicants shall be required to pay a license fee as follows:

  a.  An applicant for a retail license shall be required to pay a license fee prescribed by the Commission, not to exceed $250,000.  Retail licensees shall be required to pay a license renewal fee every five years, as prescribed by the Commission, not to exceed $250,000.

  b.  An applicant for a mobile license shall be required to pay a license fee prescribed by the Commission, not to exceed $500,000.  Mobile licensees shall be required to pay a license renewal fee every five years, as prescribed by the Commission, not to exceed $500,000.

  7.  a.  A license for sports wagering shall not be assignable or transferable without approval of the Commission.  Such approval shall not be unreasonably withheld.

  b.  A license shall authorize a licensee to offer sports wagering under not more than one sports wagering operator brand, provided, however, that such licensee shall also be permitted, but not required, to use the brand of a professional team or excursion gambling boat pursuant to a partnership with such entity.  Notwithstanding any other provision of law to the contrary and subject to approval by the Commission, a person or entity may hold and operate more than one license under distinct sports wagering operator brands, regardless of whether multiple brands are owned by the same parent entity.

  c.  Commercial agreements between an excursion gambling boat or a professional sports team and a sports wagering operator shall be submitted to the Commission as agreed to by the contracting parties.  The Commission shall not prescribe any terms or conditions that are required to be included into such commercial agreements.  A sports governing body or professional sports team may enter into commercial agreements with sports wagering operators or other entities in which such sports governing body or professional sports team may share in the amount wagered on sporting events of such sports governing body or professional sports team.  A professional sports team may grant any such rights provided under this paragraph to its affiliate.  Neither a sports governing body nor a professional sports team, nor such team's affiliate, is required to obtain a license or any other approval from the Commission to lawfully accept such amounts.

  d.  Each mobile licensee shall determine, set, and display applicable lines, point spreads, odds, or other information pertaining to online sports wagering.

  e.  Any submission to the Commission under this section, including all documents, reports, and data submitted therewith, that contain proprietary information, trade secrets, financial information, or personal information about any person or entity shall be treated in the same confidential manner as submissions by other licensees of the Commission and shall not be subject to disclosure pursuant to Chapter 610 RSMo.

  8.  All sports wagering fees prescribed by the Commission and collected by the state shall be appropriated as follows:

  a.  to reimburse the reasonable expenses incurred by the Commission to regulate sports wagering; and

  b.  to the extent all reasonable expenses incurred by the Commission have been reimbursed, the remaining fees shall be deposited in the Compulsive Gaming Prevention Fund.

  9.  Subject to and consistent with the terms of this section, the Commission shall have the power to adopt and enforce commercially reasonable rules, including emergency rules, to implement the provisions of this section.  No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of Chapter 536.  The Commission shall examine the rules implemented in other states where sports wagering is conducted and shall, as far as practicable, adopt a similar regulatory framework, including, but not limited to:

  a.  Standards governing the security and integrity of sports wagering, including requiring the use of official league data on the terms and conditions set forth below from each applicable sports governing body headquartered in the United States solely for the purposes of determining the outcome of tier two sports wagers on a professional athlete or sporting event, but only if made available to licensees on commercially reasonable terms.  Sports wagering operators may use any data source for determining the results of any and all tier one sports wagers on any and all sporting events, and the results of any and all tier two sports wagers on sporting events of an organization that is not headquartered in the United States.

  (1)  A sports governing body may notify the Commission that it desires sports wagering operators to use official league data to settle tier two sports wagers on sporting events of such sports governing body.  Such notification shall be made in the form and manner the Commission may require.  The Commission shall notify each sports wagering operator of a sports governing body's notification within five days of the Commission's receipt of such notification.  If a sports governing body does not notify the Commission of its desire to supply official league data, a sports wagering operator may use any data source for determining the results of any and all tier two sports wagers on sporting events of such sports governing body.

  (2)  Within 60 days of the Commission notifying each sports wagering operator of a sports governing body's notification to the Commission, or such longer period as may be agreed between the sports governing body and the applicable sports wagering operator, sports wagering operators shall use only official league data to determine the results of tier two sports wagers on sporting events of that sports governing body, unless:

  (a)  The sports governing body or its designee cannot provide a feed of official league data to determine the results of a particular type of tier two sports wager, in which case sports wagering operators may use any data source for determining the results of the applicable tier two sports wager until such time as such a data feed becomes available from the sports governing body on commercially reasonable terms and conditions;

  (b)  A sports wagering operator can demonstrate to the Commission that the sports governing body or its designee will not provide a feed of official league data to the sports wagering operator on commercially reasonable terms and conditions; or

  (c)  The sports governing body or its designee does not obtain the necessary supplier approvals to provide official league data to sports wagering operators to determine the results of tier two sports wagers, if and to the extent required by law.

  (3)  The following is a non-exclusive list of factors that the Commission may consider in evaluating official league data is being offered on commercially reasonable terms and conditions for the purposes of paragraphs (a) and (b) of subsection (2):

  (a)  The availability of a sports governing body's tier two official league data to a sports wagering operator from more than one authorized source;

  (b)  Market information, including, but not limited to, price and other terms and conditions, regarding the purchase by sports wagering operators of comparable data for the purpose of settling sports wagers in this state and other jurisdictions;

  (c)  The nature and quantity of data, including the quality and complexity of the process utilized for collecting such data; and

  (d)  The extent to which sports governing bodies or their designees have made data used to settle tier two bets or wagers available to operators and any terms and conditions relating to the use of that data.

  (4)  Notwithstanding anything set forth to the contrary herein, including without limitation subparagraph (3), during the pendency of the Commission's determination as to whether a sports governing body or its designee will provide a feed of official league data on commercially reasonable terms, a sports wagering operator may use any data source for determining the results of any and all tier two sports wagers.  The Commission's determination shall be made within 120 days of the sports wagering operator notifying the Commission that it desires to demonstrate that the sports governing body or its designee will not provide a feed of official league data to the sports wagering operator on commercially reasonable terms.

  b.  Standards concerning a licensee's books and financial records relating to sports wagering, including auditing requirements, standards for the daily counting of a licensee's gross receipts from sports wagering, and standards to ensure that internal controls are followed;

  c.  Standards for the use and distribution of monies from the Compulsive Gaming Prevention Fund shall include, but not be limited to, research, detection, and prevention of compulsive gaming, the implementation of treatment and recovery programs, or services related to compulsive gaming in this state;

  d.  Standards concerning the detection and prevention of compulsive gaming including, but not limited to, requirements to prominently display information regarding compulsive gaming on all online sports wagering platforms and promotions;

  e.  Requiring licensees to cooperate with investigations conducted by law enforcement agencies, regulatory bodies, and sports governing bodies;

  f.  Standards for licensees and sports wagering operators to report to the Commission and the sports governing bodies information related to:  abnormal betting activity or patterns that may indicate a concern with the integrity of a sporting event or events; suspicious or illegal betting activities if known to the applicable licensee or sports wagering operator; and any other conduct that corrupts a betting outcome of a sporting event or events for purposes of financial gain, including match fixing;

  g.  Standards for any sports governing body to submit to the Commission a written request to restrict, limit, or exclude a certain type, form, or category of sports betting with respect to a sporting event of that sports governing body, if the applicable sports governing body believes that such type, form, or category of sports wagering with respect to the sporting event of the sports governing body may undermine the integrity or perceived integrity of the applicable sports governing body or sporting events of the applicable sports governing body.

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These standards shall also require the Commission to request comment from sports wagering operators on all requests made pursuant to this paragraph and after giving due consideration to all comments received, the Commission shall, upon a demonstration of good cause from the applicable sports governing body that such type, form, or category of sports betting is likely to undermine the integrity or perceived integrity of such body or sporting events of the applicable sports governing body, grant the request.

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These standards shall require the Commission to respond to a request concerning a sporting event before the start of the event, or, if it is not feasible to respond before the start of the event, no later than 7 days after the request is made, and if the Commission determines that the applicable sports governing body is more likely than not to prevail in successfully demonstrating good cause for its request, the Commission may provisionally grant the request of the applicable sports governing body pending the Commission's final determination thereon.  Unless the Commission provisionally grants the request, sports wagering operators may continue to offer sports betting and accept bets on the covered sporting event pending a final determination by the Commission;

  h.  Requiring licensees and sports wagering operators to use commercially and technologically reasonable means to ensure that marketing and advertisements do not purposefully target minors or individuals who have self-excluded from sports wagering, are not false, misleading or deceptive, and clearly disclose the material terms of any offer included in any promotion or advertisement;

  i.  Standards for the regulation of suppliers of sports wagering goods, services, software, or any other components necessary for the creation of sports wagering markets and determination of wager outcomes;

  j.  Standards for the implementation of responsible gaming programs, including using commercially reasonable efforts to verify that a person placing a bet on a sporting event is of the legal minimum age for placing such bet, displaying a hyperlink on its online sports wagering platform to responsible gaming information, allowing individuals to voluntarily exclude themselves from placing bets with the operator through a process established by the Commission, and allowing persons to place limits on their time, deposit, or bet limits in a daily, weekly, or monthly manner;

  k.  Establishing fines, placing licensees on probation, and revoking licenses for violations of this section.  The Commission may impose fines upon any person holding, or required to hold, a license or approval under this section or the rules subsequently adopted.  Fines shall not exceed $50,000 per violation or $100,000 resulting from violation of the same occurrence of events.  The Commission shall promulgate rules relating to procedures for disciplinary hearings, including that any such decision may be appealed to circuit court;

  1.  Establishing a start date for all sports wagering that is not later than December l, 2025.  No sports wagering, either retail or mobile, shall be offered in the state before such start date established by the Commission.  No category of license shall be given an earlier launch date over any other category of license; and

  m.  Prohibiting all sports wagering activity, including sports wagering promotional and advertising activity, within a sports district, unless approved by the professional sports team that plays its home games within the district, except such rules shall not prohibit any licensee from offering sports wagering through an online sports wagering platform to persons physically located within a sports district.

  10.  a.  Notwithstanding any other provision of law, including Article III Section 39(d), to the contrary, a wagering tax of 10% is imposed on the adjusted gross revenue received from sports wagering conducted by each licensee and each sports wagering operator acting on behalf of a licensee.

  b.  The annual revenues received from such tax shall be appropriated for institutions of elementary, secondary, and higher education in this state; provided, however, that an appropriation to such educational institutions shall be made only after such annual wagering tax revenues are appropriated as follows:

  (1)  to reimburse the reasonable expenses incurred by the Commission to regulate sports wagering in the state to the extent that the Commission has not been fully reimbursed for such expenses from the sports wagering fees collected by the state; and

  (2)  the greater of 10% of such annual tax revenues or $5,000,000 to the Compulsive Gaming Fund.

  c.  Such revenues shall not be included within the definition of "total state revenues" in Section 17 of Article X of this Constitution.

  d.  The state auditor shall perform an annual audit of the revenues received and appropriated pursuant to this section to ensure they are being used only for authorized purposes.  The state auditor shall make such audit available to the public, the governor, and the general assembly.

  11.  A mobile licensee shall maintain in this state, or any other location approved by the Commission and consistent with federal law, the computer server or servers used to receive transmissions of requests to place wagers and that transmit confirmation of acceptance of wagers on sports events placed by customers physically present in this state.

  12.  All wagers authorized under this section must be initiated, made, or otherwise placed by a bettor while physically present within this state.  The intermediate routing of electronic data related to lawful intrastate wagers authorized under this section shall not determine the location or locations in which the bet is initiated, transmitted, received, or otherwise made.  Each online sports wagering operator shall use commercially reasonable geolocation and geofencing technology to ensure that it accepts bets only from customers who, at the time of placing the bet, are physically present in this state.

  13.  a.  An individual wagering in this state shall establish an online sports wagering account with an online sports wagering operator:

  (1)  over the Internet;

  (2)  through an online sports wagering platform; or

  (3)  through other means approved by the Commission.

  b.  An individual wagering in this State shall not register more than one account with each online sports wagering platform.  Mobile licensees shall use commercially reasonable means to ensure that each customer is limited to one account per platform.

  c.  Permissible methods of funding and withdrawal for accounts include, but are not limited to, credit cards, debit cards, gift cards, reloadable prepaid cards, free and promotional credit, automated clearing house transfers, online and mobile payment systems that support online money transfers, and wire transfers.  The Commission may approve additional funding and withdrawal methods including, but not limited to, cash deposits at approved locations and secure cryptocurrencies.

  14.  a.  A sports wagering operator shall use commercially and technologically reasonable means to ensure marketing and advertisements do not purposefully target individuals who have self-excluded from placing bets on sporting events.

  b.  A sports wagering operator shall employ commercially reasonable methods to ensure that advertisements for sports betting:

  (1)  do not purposefully target minors;

  (2)  are not false, misleading, or deceptive to a reasonable consumer; and

  (3)  clearly and conspicuously disclose the material terms of any promotional offer in the advertisement.  Any promotion or advertisement must provide the consumer with the full and complete terms of a promotion by providing a website, or other location, in the promotional advertisement, that directs the viewer to where the full and complete promotional terms can be viewed.  This may be satisfied by the promotional advertisement containing a hyperlink that takes the viewer directly to the full and complete offer and terms.

  15.  There is hereby created in the state treasury the "Compulsive Gaming Prevention Fund", which shall consist of taxes and fees collected under this section.  The state treasurer shall be custodian of the fund, and he or she shall invest monies in the fund in the same manner as other funds are invested.  Any interest and monies earned on such investments shall be credited to the fund.  Notwithstanding any other provision of law to the contrary, any monies remaining in the fund at the end of a biennium shall not revert to the credit of the general revenue fund.  The fund shall be a dedicated fund and shall be utilized by the Commission for the purposes of:

  a.  providing counseling and other support services for compulsive and problem gamers;

  b.  developing and implementing problem gaming treatment and prevention programs; and

  c.  providing grants to supporting organizations that provide assistance to compulsive gamers.

  16.  As used in this section the following terms shall mean:

  a.  "Adjusted gross revenue", the total of all cash and cash equivalents received by a licensee from sports wagering minus the total of:

  (1)  All cash and cash equivalents paid out as winnings to sports wagering customers

  (2)  The actual costs paid by a licensee for anything of value provided to and redeemed by customers, including merchandise or services distributed to sports wagering customers to incentivize sports wagering;

  (3)  Voided or cancelled wagers;

  (4)  The costs of free play or promotional credits provided to and redeemed by the applicable licensee's customers, provided that the aggregate amount of such costs of free play or promotional credits that may be deducted under this paragraph in any calendar month shall not exceed twenty-five percent of the total of all cash and cash equivalents received by the applicable licensee for such calendar month;

  (5)  Any sums paid as a result of any federal tax, including federal excise tax; and

  (6)  Uncollectible sports wagering receivables, not to exceed two percent of the total of all sums, less the amount paid out as winnings to sports wagering customers

  (7)  If the amount of adjusted gross receipts in a calendar month is a negative figure, the licensee shall remit no sports wagering tax for that calendar month.  Any negative adjusted gross receipts shall be carried over and calculated as a deduction in the subsequent calendar months until the negative figure has been brought to a zero balance.

  b.  "Commission", means the Missouri Gaming Commission;

  c.  "Excursion gambling boat", means an excursion gambling boat or floating facility as described in Article III, Section 39(e);

  d.  "License", means any retail license or mobile license.

  e.  "Licensee", means the holder of any retail or mobile license.

  f.  "Mobile license", means a license, granted by the Commission, authorizing the licensee to offer sports wagering, through an online sports wagering platform, to individuals physically located in this state.

  g.  "Online sports wagering platform", means an online-enabled application, Internet website, or other electronic or digital technology used to offer, conduct, or operate mobile sports wagering.

  h.  "Professional sports team", means a team located in this state that is a member of the National Football League, Major League Baseball, the National Hockey League, the National Basketball Association, Major League Soccer, the Women's National Basketball Association, or the National Women's Soccer League.

  i.  "Retail license", means a license, granted by the Commission, authorizing the licensee to offer sports wagering in person to individuals at such locations described in paragraphs (b) and (c) of Article III, Section 39(g)(2), as applicable.

  j.  "Sports district", means the premises of a facility located in this state with a capacity of 11,500 people or more, at which one or more professional sports teams plays its home games, and the surrounding area within 400 yards of such premises;

  k.  "Sports wagering", means wagering on professional or collegiate athletic, sporting, and other competitive events and awards involving human participants including, but not limited to, esports, or any other events as approved by the Commission.  The term sports wagering shall include, but not be limited to, bets or wagers made on:  portions of athletic and sporting events or on the individual statistics of professional or collegiate athletes in a sporting event or compilation of sporting events.

Sports wagering shall not include:

  (1)  a fantasy sports contest comprising multiple participants competing against one another in which winning outcomes reflect the relative knowledge and skill of the participants and are predominantly determined by the accumulated statistical performance of athletes or individuals.  A fantasy sports contest operator shall not qualify as a "participant" for purposes of this section; and

  (2)  wagering on the performance or nonperformance of any individual athlete participating in a single game or match of a collegiate sporting event in which a collegiate team from this state is a participant; and

  (3)  wagering on youth or high school events.

  l.  "Sports wagering operator", means an entity that offers sports wagering or has been organized for the purpose of offering sports wagering.

  m.  "Tier one sports wager", means a sports wager that is determined solely by the final score or final outcome of the sporting event and is placed before the sporting event has begun.

  n.  "Tier two sports wager", means a sports wager that is not a tier one sports wager.

  17.  Notwithstanding any other provision of law, including Article III, Section 39(9), to the contrary, the general assembly may enact laws consistent with this section.

  18.  All provisions of this section are severable.  If any provision of this section is found by a court of competent jurisdiction to be unconstitutional or unconstitutionally enacted, the remaining provisions of this section shall be and remain valid.

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(Adopted November 5, 2024)

----------------- III Section 39(g) 12/5/2024 -----------------

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  VIII Section 17.  Voter instruction on term limits for members of congress — ballots to include "disregarded voters' instruction on term limits", when. — The general assembly shall not pass any local or special law:

  (1)  authorizing the creation, extension or impairment of liens;

  (2)  granting divorces;

  (3)  changing the venue in civil or criminal cases;

  (4)  regulating the practice or jurisdiction of, or changing the rules of evidence in any judicial proceeding or inquiry before courts, sheriffs, commissioners, arbitrators or other tribunals, or providing or changing methods for the collection of debts, or the enforcing of judgments, or prescribing the effect of judicial sales of real estate;

  (5)  summoning or empaneling grand or petit juries;

  (6)  for limitation of civil actions;

  (7)  remitting fines, penalties and forfeitures or refunding money legally paid into the treasury;

  (8)  extending the time for the assessment or collection of taxes, or otherwise relieving any assessor or collector of taxes from the due performance of their duties, or their securities from liability;

  (9)  changing the law of descent or succession;

  (10)  giving effect to informal or invalid wills or deeds;

  (11)  affecting the estates of minors or persons under disability;

  (12)  authorizing the adoption or legitimation of children;

  (13)  declaring any named person of age;

  (14)  changing the names of persons or places;

  (15)  vacating town plats, roads, streets or alleys;

  (16)  relating to cemeteries, graveyards or public grounds not of the state;

  (17)  authorizing the laying out, opening, altering or maintaining roads, highways, streets or alleys;

  (18)  for opening and conducting elections, or fixing or changing the place of voting;

  (19)  locating or changing county seats;

  (20)  creating new townships or changing the boundaries of townships or school districts;

  (21)  creating offices, prescribing the powers and duties of officers in, or regulating the affairs of counties, cities, townships, election or school districts;

  (22)  incorporating cities, towns, or villages or changing their charters;

  (23)  regulating the fees or extending the powers of aldermen, magistrates or constables;

  (24)  regulating the management of public schools, the building or repairing of schoolhouses, and the raising of money for such purposes;

  (25)  legalizing the unauthorized or invalid acts of any officer or agent of the state or of any county or municipality;

  (26)  fixing the rate of interest;

  (27)  regulating labor, trade, mining or manufacturing;

  (28)  granting to any corporation, association or individual any special or exclusive right, privilege or immunity, or to any corporation, association or individual the right to lay down a railroad track;

  (29)  relating to ferries or bridges, except for the erection of bridges crossing streams which form the boundary between this and any other state;

  (30)  where a general law can be made applicable, and whether a general law could have been made applicable is a judicial question to be judicially determined without regard to any legislative assertion on that subject.

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Source: Const. of 1875, Art. IV, § 53.

(1952) Land Tax Collection Law is not a local or special law prohibited by § 40, Art. III of the constitution nor does it violate § 8, Art. VI relating to classification of counties. Collector v. Parcels of Land, 362 Mo. 1054, 247 S.W.2d 83.

(1953) City ordinance prohibiting the operation of places of business selling automobiles in certain areas held invalid as special law because it excludes businesses selling merchandise and commodities other than automobiles. McKaig v. Kansas City, 363 Mo. 1033, 256 S.W.2d 815.

(1953) Act authorizing tax levy by city of 700,000, enacted in 1952 and having an expiration date in 1954, held not local or special law forbidden by the constitution. Walters v. City of St. Louis, 364 Mo. 56, 259 S.W.2d 377.

(1955) Ordinance of St. Louis city which prohibited retail auction sales of jewelry, unless owner of stock offered had been in retail jewelry business at location where auction was conducted for one year and had not conducted auction at such location for year, held special law and, therefore, violative of section 40, (30) Art. 3 of Constitution. Hagerman v. City of St. Louis, 365 Mo. 403, 283 S.W.2d 623.

(1959) City ordinance prohibiting auction sales on Sunday held reasonable and valid exercise of police power as against contentions that it violated prohibitions against discriminatory laws and local or special laws. A B C Liquidators Inc. v. Kansas City (Mo.), 322 S.W.2d 876.

(1959) Exclusion of work done for levee and drainage districts from operation of Prevailing Wage Act held not unreasonable classification or special law. City of Joplin v. Industrial Comm. (Mo.), 329 S.W.2d 687.

(1960) Act providing for the licensing of persons engaging in the business of selling checks, drafts and money orders but excluding persons the major portion of whose business consists of sale of merchandise, held to be arbitrary and a special law and therefore void under the federal and state constitutional provisions. Petitt v. Field (Mo.), 341 S.W.2d 106.

(1962) Missouri Unfair Milk Sales Practices Law (416.410 to 416.560) held not to be special law within this constitutional provision. Borden Company v. Thomason (Mo.), 353 S.W.2d 735.

(1964) Sunday sales law upheld against charge that it was unconstitutional as being a special law, containing unreasonable, arbitrary and discriminatory classifications in violation of plaintiffs' right to equal rights and opportunities under the law; and depriving plaintiffs of liberty and property without due process of law. GEM Stores, Inc. v. O'Brien (Mo.), 374 S.W.2d 109.

(1964) Validity of city ordinance requiring licensing of television and radio servicemen upheld against charges that it violated due process and equal protection clauses of state and federal constitutions and the "special law" prohibition of the state constitution. McClellan v. Kansas City (Mo.), 379 S.W.2d 500.

(1966) This constitutional provision applies to municipal as well as state legislation. Mathison v. Public Water Supply Dist. No. 2 of Jackson County, 401 S.W.2d 424 (Mo.).

(1974) Held that sections 92.700 to 92.920 do not violate this section. Collector of Revenue v. Parcels of Land (Mo.), 517 S.W.2d 49.

(1975) Where an act does not exclude any city which may come within its classification, the fact that it is improbable that any will do so does not make the act a special law. State ex rel. Atkinson v. Planned Industrial Expansion Authority (Mo.), 517 S.W.2d 36.

(1975) Held not unconstitutional as violating prohibition against special legislation. Bopp v. Spainhower (Mo.), 519 S.W.2d 281.

(1977) A statute applying only in "any county of the first class having a charter form of government and not containing all or part of a city with a population of more than four hundred fifty thousand inhabitants" is not invalid as constituting a special or local law. Manchester Fire Protection District v. St. Louis (Mo.), 555 S.W.2d 297.

(1993) Section 72.400, RSMo, is unconstitutional, where act is not open-ended and does not demonstrate a substantial justification for excluding other counties from choosing to have a boundary commission. The ordinance and acts of the boundary commission made pursuant to statute in approving the annexation are void. O'Reilly v. City of Hazelwood, 850 S.W.2d 96 (Mo. banc).

(1994) Bill enacted by General Assembly which provides for licensing of excursion gambling boats designates area for licensing continuously docked vessel by geographic locale and by precise size and type of boat. Immutable characteristics describe one area and violate prohibition against special laws. Harris v. Missouri Gaming Commission, 869 S.W.2d 58 (Mo. banc).

(1995) Proscription against the enactment of local or special laws applies with equal force to municipalities and their ordinances as it does to general assembly. Hunter Avenue Property v. Union Electric Co., 895 S.W.2d 146 (Mo. App. E.D.).

----------------- III Section 40 2/27/1945 -----------------

  III Section 41.  Indirect enactment of local and special laws — repeal of local and special laws. — The general assembly shall not indirectly enact a special or local law by the partial repeal of a general law; but laws repealing local or special acts may be passed.

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Source: Const. of 1875, Art. IV, § 53(33).

----------------- III Section 41 2/27/1945 -----------------

  III Section 42.  Notice of proposed local or special laws. — No local or special law shall be passed unless a notice, setting forth the intention to apply therefor and the substance of the contemplated law, shall have been published in the locality where the matter or thing to be affected is situated at least thirty days prior to the introduction of the bill into the general assembly and in the manner provided by law.  Proof of publication shall be filed with the general assembly before the act shall be passed and the notice shall be recited in the act.

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Source: Const. of 1875, Art. IV, § 54.

----------------- III Section 42 2/27/1945 -----------------

  VIII Section 20.  Automatic repeal. — The general assembly shall never interfere with the primary disposal of the soil by the United States, nor with any regulation which Congress may find necessary for securing the title in such soil to bona fide purchasers.  No tax shall be imposed on lands the property of the United States; nor shall lands belonging to persons residing without the state ever be taxed at a higher rate than lands belonging to persons residing within the state.

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Source: Const. of 1875, Art. XIV, § 1.

----------------- III Section 43 2/27/1945 -----------------

  III Section 44.  Uniform interest rates. — No law shall be valid fixing rates of interest or return for the loan or use of money, or the service or other charges made or imposed in connection therewith, for any particular group or class engaged in lending money.  The rates of interest fixed by law shall be applicable generally and to all lenders without regard to the type or classification of their business.

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Source: Const. of 1945.

(1979) Section 370.300.1 violates Art. III, § 44 Mo. Const. in that it fixes rates of interest for a particular group or class lending money and is contrary to the requirement that rate of interest fixed by law shall be applicable generally to all lenders without regard to the type or classification of their business. St. Louis Teachers' Credit Union v. Marsh, et al. (Mo.), 585 S.W.2d 474.

----------------- III Section 44 2/27/1945 -----------------

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  III Section 45.  Congressional apportionment. — When the number of representatives to which the state is entitled in the House of the Congress of the United States under the census of 1950 and each census thereafter is certified to the governor, the general assembly shall by law divide the state into districts corresponding with the number of representatives to which it is entitled, which districts shall be composed of contiguous territory as compact and as nearly equal in population as may be.

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Source: Const. of 1945.

(1962) Statute dividing state into 10 congressional districts, the least populous containing .087% and the most populous containing .117% of the state population and all but one of which were reasonably compact, was a constitutional apportionment. Priesler v. Hearnes (Mo.), 362 S.W.2d 552.

----------------- III Section 45 2/27/1945 -----------------

  III Section 45(a).  Term limitations for members of U.S. Congress — effective when — voluntary observance required, when. — (1)  No United States Senator from Missouri shall serve more than two terms in the United States Senate, and no United States Representative from Missouri shall serve more than four terms in the United States House of Representatives.  This limitation on the number of terms shall apply to terms of office beginning on or after the effective date of this section.  Any person appointed or elected to fill a vacancy in the United States Congress and who serves at least one-half of a term of office shall be considered to have served a term in that office for purposes of this subsection (1).  The provisions of this subsection (1) shall become effective whenever at least one-half of the states enact term limits for their members of the United States Congress.

  (2)  The people of Missouri declare that the provisions of this section shall be deemed severable and that their intention is that federal officials elected from Missouri will continue voluntarily to observe the wishes of the people as stated in this section in the event any provision thereof is held invalid.

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(Adopted November 3, 1992).

----------------- III Section 45(a) 12/3/1992 -----------------

  III Section 46.  Militia. — The general assembly shall provide for the organization, equipment, regulations and functions of an adequate militia, and shall conform the same as nearly as practicable to the regulations for the government of the armed forces of the United States.

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Source: Const. of 1875, Art. XIII, § 2.

----------------- III Section 46 12/8/1960 -----------------

  III Section 46(a).  Emergency duties and powers of assembly on enemy attack. — The General Assembly, in order to insure continuity of state and local governmental operations in periods of emergency only resulting from disasters occurring in this state caused by enemy attack on the United States, shall have the power to such extent as the General Assembly deems advisable.  In the event there occurs in this state a disaster caused by enemy attack on the United States, the General Assembly shall immediately convene in the City of Jefferson or in such place as designated by joint proclamation of the highest presiding officers of each house, and shall have power

  (1)  To provide by legislative enactment for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and

  (2)  To adopt by legislative enactment such other legislation as may be necessary and proper for insuring the continuity of governmental operations.  Notwithstanding the power conferred by this section of the constitution, elections shall always be called as soon as possible to fill any elective vacancies in any office temporarily occupied by operation of any legislation enacted pursuant to the provisions of this section.

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(Adopted November 8, 1960).

----------------- III Section 46(a) 12/8/1960 -----------------

  III Section 47.  State parks — appropriations for, required. — For twelve years beginning with the year 1961, the general assembly shall appropriate for each year out of the general revenue fund, an amount not less than that produced annually at a tax rate of one cent on each one hundred dollars assessed valuation of the real and tangible personal property taxable by the state, for the exclusive purpose of providing a state park fund to be expended and used by the agency authorized by law to control and supervise state parks, and historic sites of the state, for the purposes of the acquisition, supervision, operation, maintenance, development, control, regulation and restoration of state parks and state park property, as may be determined by such agency; and thereafter the general assembly shall appropriate such amounts as may be reasonably necessary for such purposes.

The amount required to be appropriated by this section may be reduced to meet budgetary demands provided said appropriation is not less than that appropriated for the prior similar appropriation period.

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Source: Const. of 1945 (Amended November 8, 1960).

----------------- III Section 47 12/8/1960 -----------------

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  III Section 48.  Historical memorials and monuments — acquisition of property. — The general assembly may enact laws and make appropriations to preserve and perpetuate memorials of the history of the state by parks, buildings, monuments, statues, paintings, documents of historical value or by other means, and to preserve places of historic or archaeological interest or scenic beauty, and for such purposes private property or the use thereof may be acquired by gift, purchase, or eminent domain or be subjected to reasonable regulation or control.

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Source: Const. of 1945.

----------------- III Section 48 2/27/1945 -----------------

  III Section 49.  Reservation of power to enact and reject laws. — The people reserve power to propose and enact or reject laws and amendments to the constitution by the initiative, independent of the general assembly, and also reserve power to approve or reject by referendum any act of the general assembly, except as hereinafter provided.

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Source: Const of 1875, Art. IV, § 57 (Amended November 3, 1908).

(1963) Initiative process could not be used as method of amending St. Louis County zoning ordinance. State v. Donohue (Mo.), 368 S.W.2d 432.

----------------- III Section 49 2/27/1945 -----------------

  III Section 50.  Initiative petitions — signatures required — form and procedure. — Initiative petitions proposing amendments to the constitution shall be signed by eight percent of the legal voters in each of two-thirds of the congressional districts in the state, and petitions proposing laws shall be signed by five percent of such voters.  Every such petition shall be filed with the secretary of state not less than six months before the election and shall contain an enacting clause and the full text of the measure.  Petitions for constitutional amendments shall not contain more than one amended and revised article of this constitution, or one new article which shall not contain more than one subject and matters properly connected therewith, and the enacting clause thereof shall be "Be it resolved by the people of the state of Missouri that the Constitution be amended:".  Petitions for laws shall contain not more than one subject which shall be expressed clearly in the title, and the enacting clause thereof shall be "Be it enacted by the people of the state of Missouri:".

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Source: Const. of 1875, Art. IV, § 57 (Amended November 3, 1998).

(1972) The requirement of this section that initiative petitions contain an enacting clause is mandatory and not directory. State ex rel. Scott v. Kirkpatrick (Mo.), 484 S.W.2d 161.

(1974) "Legal voter" held to mean "registered voter". Scott v. Kirkpatrick (Mo.), 513 S.W.2d 442.

(1990) Organization of Missouri constitution into separate articles creates a presumption that matters pertaining to separate subjects should be set forth in separate articles and not commingled. The organizational headings of the constitution are strong evidence of what the drafters of the constitution meant by "one subject". Missourians to Protect the Initiative Process v. Blunt, 799 S.W.2d 824 (Mo. 1990) (en banc).

----------------- III Section 50 12/3/1998 -----------------

  III Section 51.  Appropriations by initiative — effective date of initiated laws — conflicting laws concurrently adopted. — The initiative shall not be used for the appropriation of money other than of new revenues created and provided for thereby, or for any other purpose prohibited by this constitution.  Except as provided in this constitution, any measure proposed shall take effect when approved by a majority of the votes cast thereon.  When conflicting measures are approved at the same election the one receiving the largest affirmative vote shall prevail.

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Source: Const. of 1945.

(1974) A city charter amendment which would require salaries of city firemen to equal those of another city's firemen violates this section in that it in effect constitutes an appropriation measure which failed to provide new revenues. State ex rel. Card v. Kaufman (Mo.), 517 S.W.2d 78.

----------------- III Section 51 2/27/1945 -----------------

  III Section 52(a).  Referendum — exceptions — procedure. — A referendum may be ordered (except as to laws necessary for the immediate preservation of the public peace, health or safety, and laws making appropriations for the current expenses of the state government, for the maintenance of state institutions and for the support of public schools) either by petitions signed by five percent of the legal voters in each of two-thirds of the congressional districts in the state, or by the general assembly, as other bills are enacted.  Referendum petitions shall be filed with the secretary of state not more than ninety days after the final adjournment of the session of the general assembly which passed the bill on which the referendum is demanded.

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Source: Const. of 1875, Art. IV, § 57.

(1952) Referendum petitions as to laws which become effective ninety days after recess under Art. III, Sec. 29, must be filed within ninety days after beginning of recess in order to be effective. State ex rel. Moore v. Toberman, 363 Mo. 245, 250 S.W.2d 701.

----------------- III Section 52(a) 2/27/1945 -----------------

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  III Section 52(b).  Veto power — elections — effective date. — The veto power of the governor shall not extend to measures referred to the people.  All elections on measures referred to the people shall be had at the general state elections, except when the general assembly shall order a special election.  Any measure referred to the people shall take effect when approved by a majority of the votes cast thereon, and not otherwise.  This section shall not be construed to deprive any member of the general assembly of the right to introduce any measure.

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Source: Const. of 1875, Art. IV, § 57.

(1956) As general rule after a measure is passed by the legislature, approved by voters on referendum and proclaimed to be in effect, it will not be held invalid because of procedural errors occurring during the course of its adoption. Brown v. Morris, 365 Mo. 946, 290 S.W.2d 160.

(1956) Where bill was referred by a provision of the bill, the signature of the speaker of the house was not necessary to constitute the bill a valid enactment after its approval by people. Brown v. Morris, 365 Mo. 946, 290 S.W.2d 160.

----------------- III Section 52(b) 2/27/1945 -----------------

  III Section 53.  Basis for computation of signatures required. — The total vote for governor at the general election last preceding the filing of any initiative or referendum petition shall be used to determine the number of legal voters necessary to sign the petition.  In submitting the same to the people the secretary of state and all other officers shall be governed by general laws.

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Source:  Const. of 1875, Art. IV, § 57.

----------------- III Section 53 2/27/1945 -----------------


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