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Missouri State Constitution
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MISSOURI STATE CONSTITUTION

 (Summary of the 1945 Constitution as of 7/1/2019)

Missouri Constitution - Preamble

We, the people of Missouri, with profound reverence for the Supreme Ruler of the Universe, and grateful for His goodness, do establish this Constitution for the better government of the state.

 

 

 

Missouri Constitution - Article One:  Bill of Rights

The first Article of the Constitution of the State of Missouri deals with rights of the individual citizens of the state.  This Article is very similar to the Bill of Rights of the United States Constitution, but with much more specificity.

 

Section One of the Article begins with:

 

 “That all political power is vested in and derived from the people; that all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.”

 

This is a very important statement in the state Constitution.  It states that the State of Missouri has popular sovereignty and that the root of all governmental power lies with the people of the state.

 

Sections 2-4 go into the purpose of government and the rights of its citizens to enjoy life, liberty and the pursuit of happiness.  Equality is the standard by which the state recognizes its citizens.  The people have the right in the State to change their government if necessary.  It also declares Missouri to be an independent state, subject only to the Constitution of the United States.

 

Sections 5-9 are similar to the 1st Amendment to the US Constitution along the lines of freedoms of Religion, Speech, Press, Assembly, and Petition.

 

Sections 10 is similar to the 5th and 14th Amendments of the Constitution, giving all citizens due process under the law.

 

Section 11 says the state government cannot imprison someone for debt, unless they have not paid state fines.

 

Sections 12-13 reflects Article I, Section 10, Clause 3 of the US Constitution in that the state government cannot suspend Habeas Corpus or make Ex Post Facto Laws.

 

Sections 14, 18(a) and 18(b) is similar to the 6th Amendment to the US Constitution in that citizens are allowed a speedy and public trial, informed of the crime, and the calling of witnesses.

 

Section 15 is similar to the 4th Amendment to the US Constitution in that citizens are protected from unwarranted searches and seizures.

 

Section 16 and 19 is similar to the 5th Amendment to US Constitution concerning indictment from Grand Juries, which must be by 3/4s vote in a jury of no less than 12 members.  It also addresses self-incrimination and double jeopardy.

 

Sections 20-21 are similar to 8th Amendment about cruel & unusual punishment, bails, and fines.

 

Sections 22(a) and 22(b) are similar to the 7th Amendment concerning civil cases.

 

Section 23 is similar to the 2nd Amendment to the US Constitution about keeping and bearing arms.

 

Section 24 is similar to the 3rd Amendment to the US Constitution about quartering soldiers.

 

Section 25 is unique in that it guarantees all qualified citizens the right to vote.

 

Section 26-28 deal with the part of the 5th Amendment of the US Constitution concerning eminent domain and just compensation.

 

Section 29 is unique because it addresses the right to have labor unions in Missouri.

 

Section 30 is similar to Article III, Section 3 concerning treason.  However, it does make a provision about the estates of those who die by casualty of suicide.

 

Section 31 limits the power of executive agencies.

 

Section 32-34 are rather new to the Missouri Constitution.  They include a Crime-Victims’ Bill of Rights, definition of Marriage, and provisions for English to be the official language of the state government.  The provision on marriage was struck down in 2015 by the US Supreme Court (Obergefell v Hodges)

 

 

Most of Article One of the Missouri State Constitution is a reflection of the Bill of Rights and of Articles I Sections 9-10 (Limits to the powers of states and legislatures).  The purpose for including these rights into the state constitution, even though they are already spelled out in the US Constitution, is to insure that the federal government cannot take away certain liberties of the citizens of Missouri, nor can the government of Missouri take away fundamental and natural rights and freedoms of the people.

 

 

 

Missouri Constitution - Article Two:  The Distribution of Powers

This is the shortest article in the Missouri Constitution.  It merely outlines that the Missouri Government will be divided into three equal branches of government:  Legislative, Executive, and Judicial

 

 

 

Missouri Constitution - Article Three:  Legislative Branch

Article Three outlines the purpose, structure, and attributes of the Legislative Branch of state government.  This Article is divided into six distinct outlines of the legislative branch:

 

                Part I                   -               Legislative Structure

                Part II                  -               Legislative Proceedings

                Part III                -               Limitations of Legislative Power

                Part IV                -               State Lottery

                Part V          -               State Government Relations with Other Government Entities

                Part VI                -               Initiatives and Referendums

 

Legislative Structure (Sections 1-20(b))

 

The legislature of Missouri in called the General Assembly.  It is a bicameral legislature, comprising of a House of Representatives and a State Senate.  The House has 163 members while the State Senate has 34 members.  All members of the General Assembly are elected directly by the people.

 

House members serve two year terms while State Senators serve four year terms.  Elections are every two years.  Members form even and odd numbered Senatorial Districts are elected in staggered election cycles.  In 1992, the Constitution of Missouri was changed to place term limits on legislators to eight years for each house.

 

Members must meet certain qualifications:

                Age:                                House = 25yrs                 Senate = 30yrs

                Registered Voter             House = 2yrs                   Senate = 3yrs

                Residency                       (must live in the district that they represent for both houses)

 

House and Senate districts are divided evenly by population.  The population is determined every 10 years by the federal census.  In 1966, the Constitution of Missouri was changed in order to allow for evenly populated Senatorial districts.  Before 1966, the districts were arbitrarily drawn without regard for population.  The constitution outlines in detail a plan for a bipartisan committee to redraw district lines every ten years after the census numbers have been delivered to the Governor.

 

Members of the General Assembly are not allowed to hold a public office in a local government or the federal government simultaneously.  Members who move, for whatever reason, out of their district, are removed from their office.  Vacancies can be filled by special election upon a Writ of Election from the Governor.  When becoming a member, they must take an oath.

 

Members enjoy several privileges.  All members are paid and have compensation for mileage and expenses while in session.  The House and State Senate may employ 125 and 75 employees, respectfully, to aid in the business of the General Assembly.  In certain minor cases, members of the General Assembly are immune from arrest during session.  Members can be expelled from the General Assembly by 2/3 vote.

 

Regular sessions of the General Assembly begin on the 1st Wednesday after the 1st Monday in January and end at midnight, May 30 of the preceding year.  Sessions are open to the public.  Special session can be called.  A quorum is required for business.

 

Legislative Proceedings (Sections 21-35)

 

These sections of Article three outline the proceedings of the legislature as it pertains to lawmaking.  Bills may begin in either house and must be read by title on three different days during the lawmaking process.

 

Bills are referred to committees in each house of the General Assembly.  All bills must contain one subject except in the following cases in which a bill may contain more than one subject:

1)                  State Bonds

2)                  Water Pollution Control Funds and Bonds

3)                  Interest Payments on Bonds

4)                  State Building Bonds

5)                  Drinking Water Systems

6)                  Storm Water Systems

7)                  Rural Water & Sewer Grants and Loans

 

A journal of all votes must be kept and bills must be identical in both houses to pass the General Assembly.  Procedures are put into place to finalize all bills passed by the General Assembly before it goes to the Governor.

 

In this outline, the procedures for the Governor are outlined as well.  The Governor has 15 days in which to pass or veto a bill.  If the General Assembly is at recess for more than 30 days, then the governor has 45 days in which to make a decision.  If the Governor fails to do anything with the bill in the 15 or 45 days allotted to him (pocket veto), then the bill automatically becomes law.  If the bill is vetoed by the governor, the General Assembly can override the veto by 2/3 vote.

 

Limitations of Legislative Power (Sections 36-39(a))

 

This is by far the largest outline in Article Three.  This lengthy group of sections addresses very specific limitations of the General Assembly concerning:

1)          State Revenue

2)          State Debt

3)          Building Bonds

4)          Water, Sewers, Storm Water, and Water Pollution

5)          Provisions for public money to private citizens, corporations, and associations

6)          Neighborhood Improvement Districts

7)          Stem Cell Funding

8)          Tax Levy for the Blind

9)          Bingo

10)         Other specified reason

 

State Lottery (Sections 36-39(a))

 

In 1984, the Missouri Constitution was amended to include provisions for gambling.  This has been amended several times since to include:

1)          Lottery

2)          Horse Racing

3)          Riverboat Gambling

4)          Raffles and Sweepstakes for charitable organizations

 

There are also provisions for the use of state revenue from gambling.

 

State Government Relations with Other Government Entities (Sections 40-48)

 

This outline of sections involves various provisions of legislative duties, limitations and oversight, including:

1)          Limitations on local laws

2)          Non-interference of federal lands, property, and territory

3)          Congressional Apportionment

4)          Term limits on Congressional representative in a voluntary manner

5)          Militia organization

6)          Enemy attack on Missouri or the United States

7)          State Parks, Historical Monuments, and Memorials

 

Initiatives and Referendums (Sections 49-53)

 

The Constitution of 1875 established direct democracy in to the lawmaking process through Initiatives and Referendums.

 

In the case of a referendum, the General Assembly can be ordered by passing a bill and then sending it directly to the people for a vote, bypassing the governor.  A referendum can also be ordered by the people by having signatures on a petition of 5% of voters in 2/3 of Congressional Districts.  The referendum is designed to change or make a law.

 

Initiatives are designed to change the Constitution of Missouri.  It requires signatures on a petition of 8% of voters in 2/3 of Congressional districts.

 

Both the referendum and initiative have limitations as to what subject matter can be addressed.  Passage other either of these processes cannot be vetoed by the Governor.  The term “voter” in this case has a very specific definition.  The percent of signatures needed is derived from the total number of people who voted for Governor in the last election.  This number can change every four years.

 

 

 

Missouri Constitution - Article Four:  Executive Branch

Article Four outlines the purpose, structure, and attributes of the Executive Branch of state government.  This Article is divided into 27 distinct outlines of the executive branch’s duties:

 

                Part I                   -               Executive Structure

                Part II                  -               Revenue

                Part III                -               Highways & Transportation

                Part IV                -               Agriculture

                Part V          -               Economic Development

                Part VI                -               Insurance

                Part VII        -             Social Services

                Part VIII        -            Mental Health

                Part IX                -               Conservation

                Part X                 -               Natural Resources

                Part XI                -               Public Safety

                Part XII        -             Labor & Industrial Relations

                Part XIV        -            Office of Administration

                Part XV        -             Appointment of Administrative Heads

                Part XVI        -            Higher Education

                Part XVII        -          Non-Discrimination in Appointments

 

This Article is much more specific than Article II (Executive Branch) of the United States Constitution.  The Executive Branch is given specific constitutional duties and restrictions while the Federal Executive Branch has most of its duties derived from legislation through implied powers.

 

Executive Structure (Sections 1-16)

 

Jefferson City is established as the seat of government for the state of Missouri.

 

The office of Governor holds the supreme executive power in the State.  The duty of the Governor is to carry out the law.  The Governor can appoint people to public office or commissions.  He is the Commander-in-Chief of the state militia (National Guard).  The Governor has the power to pardon or reprieve for all state offences except treason or impeachment.  The Governor has no role in the amending of the state Constitution.  The Governor is duty bound to give a “State of the State” address to the General Assembly.  The Governor may also call special sessions of the General Assembly.  The qualification to be Governor is 1) be at least 30 years old, 2) be a US citizen for 15 years, and 3) live in Missouri for 10 years.

 

The office of Lieutenant Governor has the same qualifications as Governor.  The Lt. Governor is also the President of the State Senate and can break tie votes.  The Lt. Governor is independently elected from the Governor, which differs from the President and Vice President of the United States.

 

The office of State Auditor has the same qualifications as Governor.  The job of the State Auditor is to do accounting for the state, audit all state agencies, and make annual reports to the General Assembly and Governor.  The Auditor is independently elected by the people.

 

The office of Secretary of State is the custodian of the Great Seal of Missouri and all official records of the Government.  The office also certifies all elections in the state.  The Secretary of State is independently elected by the people.  The qualifications are residency for one year and be at least 18 years old.

 

The office of State Treasurer is the custodian of all state revenue, state funds, and moneys received from the United States Government.  The qualifications are residency for one year and be at least 18 years old.

 

All elected officials in the Executive Branch serve four year terms and are elected in the same year as the President with the exception of the State Auditor, who is elected two years after the Governor’s Election.  The Governor and State Treasurer are limited to two terms.

 

The line of succession for Governor is as follows:

1)          Lieutenant Governor

2)          President Pro Tempore of the State Senate

3)          Speaker of the House of Representatives

4)          Secretary of State

5)          State Auditor

6)          State Treasurer

7)          Attorney General

 

There are also provisions for the succession of Governor in the case of disability.

 

The Constitution of Missouri outlines the following offices to be created.  The department heads must be approved by the Senate:

1)              Office of Administration

2)              Department of Agriculture

3)              Department of Conservation

4)              Department of Natural Resources

5)              Department of Elementary & Secondary Education

6)              Department of Higher Education

7)              Department of Highways & Transportation

8)              Department of Insurance

9)              Department of Labor & Industrial Relations

10)          Department of Economic Development

11)          Department of Public Safety

12)          Department of Revenue

13)          Department of Social Services

14)          Department of Mental Health

 

The line of succession is as follows:

1)          Lieutenant Governor

2)          President Pro Tempore of the State Senate

3)          Speaker of the House of Representatives

4)          Secretary of State

5)          State Auditor

6)          State Treasurer

7)          Attorney General

 

There are also provisions for the succession of Governor in the case of disability.

 

Revenue (Sections 22-28)

 

These sections outline the duties, structure, and limitations of the Department of Revenue.  Revenue is based on a fiscal year, which begins on July 1 of each year.  The governor is required to submit a budget to the General Assembly within 30 days of the start of the General Assembly.  The Governor has the power of a Line-Item Veto on items of the appropriation of money in any bill.  The governor has the power to control the rate of expenditures if there is a budget deficit.  A “Budget Reserve Fund” and “Facilities Reserve Fund” are established in case of emergency.

 

Highways & Transportation (Sections 29-34)

 

These sections outline the duties, structure, and limitations of the Highways & Transportation Commission.  The commission must be bipartisan.  It has authority over all transportation systems in the state.

 

In addition, the following are added to these sections:

1)          A Fuel Tax

2)          Description of the sources of revenue for highways & transportations systems

3)          Development of Programs and Facilities

4)          Bars the state from using highway revenue for other purposes

 

Agriculture (Sections 35-36)

 

These sections outline the duties, structure, and limitations of the Department of Agriculture and forestry

 

Economic Development, Insurance, Social Services, & Mental Health (Sections 36(a)-39)

 

These sections outline the duties, structure, and limitations of the Departments of Economic Development, Insurance, Social Services, and Mental Health

 

Conservation (Sections 40(a)-46)

 

These sections outline the duties, structure, and limitations of the Department of Conservation.  It sets up a Conservation Commission.  This commission may acquire property through eminent domain.  Part of the state sales tax is used for this department.

 

Natural Resources (Sections 47-47(c))

 

These sections outline the duties, structure, and limitations of the Department of Natural Resources.  It outlines tax revenue for the purpose of maintaining state parks and soil & water conservation.

 

Public Safety, Labor & Industrial Relations, Office of Administration, Higher Education (Sections 48-51)

 

These sections outline the duties, structure, and limitations of the Departments of Public Safety, Higher Education and Labor & Industrial Relations as well as the Office of Administration.

 

Non-Discrimination of Appointments (Sections 48-51)

 

This is similar to the 14th Amendment to the Constitution on the grounds that there will be no discrimination on the basis of race, creed, color, or national origin.

 

 

Missouri Constitution - Article Five:  Judicial Branch

Article Five outlines the purpose, structure, and attributes of the Judicial Branch of state government.

 

In Sections 1 and 2, the Constitution outlines the state court structure as follows:

1)          State Supreme Court (located in Jefferson City)

2)          Courts of Appeals

3)          Circuit Courts

 

The Supreme Court will have seven members who serve 12 year terms.  The qualifications are to 1) 30 years old, 2) US Citizen for 15 years, 3) registered voter for nine years, and pass the Missouri Bar (Licensed to practice law in Missouri).  The head of the Supreme Court is know as the Chief Justice.  The jurisdiction and judicial review of the State Supreme Court is:

1)          Treaties of the United States

2)          Laws and Constitution of the United States

3)          Creation of Revenue Laws for the State

4)          Death Penalty cases

 

All other cases are heard by the Court of Appeals.  The head judge of each Court of Appeals is known as the Chief Judge.  There must be at least three Court of Appeals districts.  These judges serve 12 year terms and have the same qualifications as the State Supreme Court.

 

The Supreme Court and the Court of Appeals may sit in any site within their district (in the case of the Supreme Court – that is anywhere in the state).

 

Circuit Courts will have original jurisdiction over all civil and criminal cases in the state.  Each circuit must have at least one circuit judge who serves a term of six years.  The qualifications to be a circuit judge are 1) 30 years old, 2) a US Citizen for 10 years, 3) a registered voter for three years, and 4) pass the Missouri Bar.  The General Assembly provides law as to the distribution of circuits throughout the state.  Circuits may encompass one or more counties, but must be contiguous in shape.  Within each circuit, there are Associate Judges who serve terms of four years.  There is at least one Associate Judge in each county and they are elected within their county.  The qualifications to be an Associate Judge are 1) 25 years old, 2) registered voter, 3) live in the County they will judge, and 4) pass the Missouri Bar.

 

All lower courts in the state are administered by the State Supreme Court in terms of procedures and general administration

 

All courts in Missouri will have their records published.  All judges are paid.

 

There are provisions for municipalities (cities) to have Municipal Judges.

 

A commission is established to investigate retirement, removal, and discipline of judges, made up of a six members.

 

Sections 25(a)-25(g) is sometimes referred to as the Missouri Plan.  It applies to vacancies in the following court seats:

1)          State Supreme Court

2)          Court of Appeals

3)          Circuit Judge of Jackson County or St. Louis City

4)          Associate Judge of Jackson County or St. Louis City

 

In this case, the Governor shall be presented with three people nominated by a Nonpartisan Judicial Commission to fill the seat.  The Governor has 60 days to pick one of the nominees to be placed on a ballot for voter consideration.  Voters will be given the name of the Governor’s pick with only a “Yes” or “No” consideration on the ballot.  The Governor’s pick is prohibited from taking money from any political party while in consideration.

 

Section 26 of this Article outlines a mandatory retirement for all state judges (except municipal judges) at 70 years of age.

 

 

 

Missouri Constitution - Article Six:  Local Government

Article Three outlines the purpose, structure, and attributes of the Legislative Branch of state government.  This Article is divided into six distinct outlines of the legislative branch:

 

                Part I                   -               Structures / Offices

                Part II                  -               Special Charters

                Part III                -               Local Government

                Part IV                -               Finances

                Part V          -               City and County of St. Louis

                Part VI                -               City of St. Louis

 

Structures / Offices (Sections 1-17)

 

This group of sections addresses the divisions of the state into local government.

 

First, the state is subdivided into counties.  Provisions are made for the consolidation, dissolving or annexation of counties.  Counties are required to have a county seat of government.  Counties are to be grouped into classification by law.  Terms of county officials are to be no more than four years.  Certain county officials are to be paid.  Counties, by vote of their people, may join together in joint enterprises.

 

Second, the General Assembly is to provide law for the political division of municipalities and provide classifications for them.  Municipalities may cooperate in enterprises with other local governments.

 

Special Charters (Sections 18(a)-18(r))

 

Counties with more than 85,000 people may form special charters for its government.  The charter must have certain items included in its text.  These charter governments can tax, make county laws, and make petition provisions.  Amendments can be made to these charters.  These special charters must be approved by the voters of the county.

 

Local Governments (Sections 19-22)

 

Cities with more than 5,000 people may form special charters for its government.  These city charters can only have powers authorized by the General Assembly.  Amendments can be made to these charters.  Laws can be made by these charter governments to redevelop blighted areas within its boundaries.

 

Finances (Sections 23-29)

 

Local governments may not own stock in corporations, nor can it lend money out to anyone except in order to aid except as provided by law.  Local governments can acquire industrial plants.  All local governments are required to audit and publish their budgets.  Local governments have certain limitations on the amount of indebtedness they may incur.  Local governments may issue bonds for improvements on items outlined in the Constitution.

 

City & County of St. Louis (Sections 30(a)-30(b))

 

This section allow the independent city of St. Louis and the County of St. Louis to consolidate its political power in the future if it is approved by the voters.  There are details in these clauses that outline the process.

 

City of St. Louis (Sections 31-33)

 

The Constitution gives special considerations to the City of St. Louis.  It is to be treated as both a city and a county.  The City will have a charter which can be amended.

 

 

Missouri Constitution - Article Seven:  Public Officers

This article deals with the public officials within the state government, both elected and selected.

 

Sections 1-4 deal with the impeachment of these officials.  They are liable for impeachment under the following categories:

 

1)          Crimes

2)          Misconduct

3)          Habitual drunkenness

4)          Willful neglect of Duty

5)          Corruption of Office

6)          Incompetency

7)          Offences involving moral turpitude or oppression of office

 

The impeachment process is different in Missouri than it is at the National level.  All impeachment begins in the House of Representatives.  If impeached the trial is held by the Missouri State Supreme Court, unless the governor or member of the Supreme Court are being impeached.  In that case, the State Senate will select a seven member commission of jurists (judges) to preside over the trial.  In either case, a conviction requires 5/7s vote of the Supreme Court or commission.  Punishment is removal from office and barring of public office in the future.

 

Section 5 sets up provisions for contested elections for members of the executive branch.

 

Sections 7-14 address a variety of issues, including:

1)          Nepotism

2)          Political Appointments

3)          Residency requirement of state officials

4)          Barring simultaneous federal and state offices

5)          Gender equality

6)          Oath and tenure of office

7)          Pay and retirement of officials

 

 

 

Missouri Constitution - Article Eight:  Suffrage and Elections

Sections 1-7 deal with the details of elections.  The general election for the State of Missouri is the same as the Federal Government, however, the General Assembly can create other dates for elections.  Voter registration is required for citizens of Missouri over the age of 18 (felons can lose their right to vote).  The method for voting is prescribed by law.  Voters are privileged from arrest while going to, attending, and returning from elections except in cases of treason, felony, or breach of peace.  Members of the military who are serving outside the state do not lose their right to vote.  The General Assembly can set up a system for absentee ballots for regular citizens.

 

Sections 15-22 are one of the most unusual areas within the Missouri State Constitution.  On November 5, 1996, the Missouri Constitution was changed to have it stated that the Missouri Congressional Delegation to the US Congress is compelled to vote on term limitations on members of Congress.  If they do not vote in favor of term limits, the incumbents shall have the phrase “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” placed next to their name on the ballot.  In 1998, Sections 15-22 were ruled facially an unconstitutional violation of the plaintiff's first amendment rights and also violate Articles I and V of the U.S. Constitution. Gralike v. Cook, 996 F.Supp. 917 (W.D. Mo.).  In 2001, a federal court ruled that these provisions violates the Elections Clause of the United States Constitution.  However, they are still text in the Missouri State Constitution.

 

 

 

Missouri Constitution - Article Nine:  Education

In Sections 1(a)-1(b), the Constitution maintains that the state shall provide a free public education to citizens and that the state will divided into contiguous school districts as prescribed by law.

 

In Sections 2(a)-2(b), the state will create a Board of Education of eight members, evenly divided by political party.  The members are nominated by the governor and approved by the Senate.  They serve for eight years and are not paid except for actual expenses.  This board will then select a Commissioner of Education.

 

In Sections 3(a)-3(c), the state will provide funding to public schools on an annual basis.  Racial discrimination in hiring practices is prohibited.

 

In Sections 5-7, the Constitution outline the funding of public schools and universities.  Section 8 restricts the use of public funds for religious purposes.

 

In Sections 9(a)-9(b), the state university system will have a government vested in a Board of Curators of nine members, appointed by the Governor and confirmed by the Senate.

 

Section 10 outlines support for free public libraries within Missouri.

 

 

 

Missouri Constitution - Article Ten:  Taxation

In Sections 1-3, the state government is given the power to tax.  These taxes are to be used for public purposes only.

 

In Section 4(a)-4(c), the state classifies taxes into three categories:

1)          CLASS 1:  Real Property

2)          CLASS 2:  Tangible Personal Property (can have subclassifications)

3)          CLASS 3:  Intangible Personal Property (can have subclassifications)

 

Class 1 has constitutionally established subclasses.  These subclasses cannot be divided further, and the rate of taxation for each of the subclasses in Class 1 are prescribed by law.:

1)          Residential Property

2)          Agricultural Property

3)          Commercial Property

 

Class 2 is taxed according to property value.  Class 3 is taxed at a fixed rate prescribed by law.

 

In Sections 4(d)-5, income taxation can be established by the state and can be based on Federal Law.  Railroads are also taxed.

 

Sections 6-6(b) list property exempt from taxation.  This includes property of state, county, and local governments, and non-profit cemeteries along with a long list of private entities.

 

Section 7, established in 1976, gives tax relief for blighted areas being refurbished or areas being reforested.

 

Sections 8-13 are concerned with further tax limitations and regulations with the state government and local political entities.

 

Section 14 establishes a Equalization Commission, appointed by the Governor and approved by the Senate, to equalize assessments of property between counties.

 

Sections 15-21 concerns the definition of “political entities” as well as limitations of spending tax revenue.

 

Sections 22- require local political entities to have a vote of the people to raise taxes.  It also outlines limitations to taxation questions brought before the people.

 

 

 

Missouri Constitution - Article Eleven:  Corporations

According to the Constitution of Missouri, the definition of a “corporation” is be “construed to include all joint stock companies or associations having any powers or privileges not possessed by individuals or partnerships.”

 

Sections 2-4 address the organization of corporations and the issue of eminent domain of the state over corporations.

 

Sectons 6-8  covers the voting procedures of stockholders and the issuance of stocks and bonds by corporations.

 

Sections 9-12 cover the railroads specifically.  Railways are considered public highways by the state and are to be subject to public scrutiny through elections for certain aspects of consolidation and city use.

 

Section 13 specifically excludes state ownership of any bank.

 

 

 

Missouri Constitution - Article Twelve:  Amendment Process

As in Article Five of the United States Constitution, the Missouri Constitution has a provision for the amending of its contents in Article XII.

 

Amendments can be made by the following means:

1)      Proposal of either house of the General Assembly and submitted to the general electorate for their consideration

2)      An initiative of the people through a petition process.  Once enough signatures have been obtained, the proposed amendment is submitted to the general electorate for their consideration

 

Amendments must contain only one specific change to the Constitution.  The contents of the proposal must be made public for the voter’s consideration prior to the election.

 

In Section 3(a), a provision was made in 1920 that, starting in 1962 and continuing every twenty years thereafter, the Secretary of State will place on the ballot the following question, “Shall there be a convention to revise and amend the constitution?”  If a majority of voters approve this question, the Governor will call for the election of Electors to vote on delegates to a Constitutional Convention.

 

Delegates to a Constitutional Convention within 3-6 months after approval by the voters.  At the election of electors, the state will elect the following:

1)      15 delegates-at-large

2)      Two delegates from each of the 34 Senatorial districts of Missouri (68 total).  Only one delegate per political party in each Senatorial district is allowed on the ballot in order to keep the process bipartisan.  The two with the highest votes in the each district shall be duly elected.

 

The Convention delegates must have the same qualifications as a Missouri State Senator, and hold no other public office.

 

In order to be placed on the ballot for delegates-at-large, signatures are needed by a petition.  No at-large candidate may show any party affiliation on the ballot.

 

Once delegates are elected, they will convene in a Convention in Jefferson City within six months.  They are paid $10/day and travel.  Officers may be selected within the convention.  A Constitution or Constitutional Amendment written by the committee shall be submitted to the voters from their approval.

 

The final part of the Article suspends the Constitution of 1875 and is replaced by the Constitution of 1945 on July 1, 1946.  There have been four constitutions in state history.

 

 

 

Missouri Constitution - Article Thirteen:  Public Employees

Sections 1-2 state that public employees will receive medical benefits for their employment of the state.

 

Section 3 establishes the “Missouri Citizens’ Commission on Compensation for Elected Officials.”  The commission is made up on registered voters of Missouri who hold no state office or are employed by the state of Missouri.  The commission is made up of the following members:

1)      One person per Congressional District randomly drawn from a list of registered voters. No more than five of the nine can be from one political party.

2)      One retired judge selected by the Supreme Court

3)      Twelve members appointed by the Governor and approved by the Senate.  No more than six maybe from one political party.  These people must have the following attributes:

a.       One must have experience in personnel management

b.      One must represent a small business in the state

c.       One must be a CEO of a corporation in the state earning more than $1,000,000

d.      One person must represent the health care industry

e.       One person must represent agriculture

f.       One person must represent organized labor

g.      Two members must be over the age of 60 years

h.      Two must be citizens of 3rd Class Counties north of the Missouri River (but not from the same county)

i.        Two must be citizens of 3rd Class Counties south of the Missouri River (but not from the same county)

 

All of the members hold terms of four years.  There is a one-term limit.  They will receive no salary, but will be compensated for travel, lodging and meal expenses.

 

The job of this commission is to set a salary schedule for employees of the state.  Their decision can be overridden by a 2/3 vote of the General Assembly.

 

Any elected official that is convicted of a felony while in office will lose their state pension.

 

Missouri Constitution - Article Fourteen:  Medical Marijuana

Section 1 outlines the right to access medical marijuana.  The section also includes procedures, enforcement, and taxation