MISSOURI CONSTITUTION
ARTICLE III
LEGISLATIVE DEPARTMENT
Art. III §1 | LEGISLATIVE POWER — GENERAL ASSEMBLY
Art. III §2 | PROHIBITED ACTIVITIES BY GENERAL ASSEMBLY MEMBERS AND EMPLOYEES — CAMPAIGN CONTRIBUTION LIMITS AND RESTRICTIONS*
(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:
(2) To elect an individual to the office of state representative, two thousand dollars.
(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.
Footnotes
Art. III §3 | ELECTION OF REPRESENTATIVES — LEGISLATIVE REDISTRICTING METHODS — HOUSE INDEPENDENT BIPARTISAN CITIZENS COMMISSION, APPOINTMENT, DUTIES, COMPENSATION — COURT ACTIONS, PROCEDURE*
(b) The house independent bipartisan citizens commission shall redistrict the house of representatives using the following methods, listed in order of priority:
(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 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.
Footnotes
CROSS REFERENCE: Voter qualifications, RSMo 115.133
Art. III §4 | QUALIFICATIONS OF REPRESENTATIVES
Art. III §5 | SENATORS — NUMBER — SENATORIAL DISTRICTS
Art. III §6 | QUALIFICATIONS OF SENATORS
Art. III §7 | SENATE INDEPENDENT BIPARTISAN CITIZENS COMMISSION, APPOINTMENT, DUTIES, COMPENSATION — COURT ACTIONS, PROCEDURE
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.
Art. III §8 | TERM LIMITATIONS FOR MEMBERS OF GENERAL ASSEMBLY
Art. III §9 | APPORTIONMENT OF REPRESENTATIVES
Art. III §10 | BASIS OF APPORTIONMENT — ALTERATION OF DISTRICTS
Art. III §11 | TIME OF ELECTION OF SENATORS AND REPRESENTATIVES
Art. III §12 | MEMBERS OF GENERAL ASSEMBLY DISQUALIFIED FROM HOLDING OTHER OFFICES
Art. III §13 | VACATION OF OFFICE BY REMOVAL OF RESIDENCE
Art. III §14 | WRITS OF ELECTION TO FILL VACANCIES
Art. III §15 | OATH OF OFFICE OF MEMBERS OF ASSEMBLY — ADMINISTRATION — EFFECT OF REFUSAL TO TAKE OATH AND CONVICTION OF VIOLATION
“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.
Art. III §16 | COMPENSATION, MILEAGE ALLOWANCE AND EXPENSES OF GENERAL ASSEMBLY MEMBERS
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.
Art. III §17 | LIMITATION ON NUMBER OF LEGISLATIVE EMPLOYEES
Art. III §18 | APPOINTMENT OF OFFICERS OF HOUSES — JURISDICTION TO DETERMINE MEMBERSHIP — POWER TO MAKE RULES, PUNISH FOR CONTEMPT AND DISORDERLY CONDUCT AND EXPEL MEMBERS
Art. III §19 | LEGISLATIVE PRIVILEGES — LEGISLATIVE RECORDS — LEGISLATIVE PROCEEDINGS PUBLIC
(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.
Art. III §20 | REGULAR SESSIONS OF ASSEMBLY — QUORUM — COMPULSORY ATTENDANCE — PUBLIC SESSIONS — LIMITATION ON POWER TO ADJOURN
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.
Art. III §20(a) | AUTOMATIC ADJOURNMENT — TABLING OF BILLS, WHEN
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.
Art. III §20(b) | SPECIAL SESSION, PROCEDURE TO CONVENE — LIMITATIONS — AUTOMATIC ADJOURNMENT
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.
Art. III §20(c) | POLITICAL FUNDRAISING PROHIBITED ON STATE PROPERTY
Art. III §20(d) | SEVERABILITY PROVISION
LEGISLATIVE PROCEEDINGS
Art. III §21 | STYLE OF LAWS — BILLS — LIMITATION ON AMENDMENTS — POWER OF EACH HOUSE TO ORIGINATE AND AMEND BILLS — READING OF BILLS
Art. III §22 | REFERRAL OF BILLS TO COMMITTEES — RECALL OF REFERRED BILLS — RECORDS OF COMMITTEES — PROVISION FOR INTERIM MEETINGS
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.
Art. III §23 | LIMITATION OF SCOPE OF BILLS — CONTENTS OF TITLES — EXCEPTIONS
Art. III §24 | PRINTING OF BILLS AND AMENDMENTS
Art. III §25 | LIMITATION ON INTRODUCTION OF BILLS
Art. III §26 | LEGISLATIVE JOURNALS — DEMAND FOR YEAS AND NAYS — MANNER AND RECORD OF VOTE
Art. III §27 | CONCURRENCE IN AMENDMENTS — ADOPTION OF CONFERENCE COMMITTEE REPORTS — FINAL PASSAGE OF BILLS
Art. III §28 | FORM OF REVIVING, REENACTING AND AMENDING BILLS
Art. III §29 | EFFECTIVE DATE OF LAWS — EXCEPTIONS — PROCEDURE IN EMERGENCIES AND UPON RECESS
Art. III §30 | SIGNING OF BILLS BY PRESIDING OFFICERS — PROCEDURE ON OBJECTIONS — PRESENTATION OF BILLS TO GOVERNOR
Art. III §31 | GOVERNOR’S DUTY AS TO BILLS AND JOINT RESOLUTIONS — TIME LIMITATIONS — FAILURE TO RETURN, BILL BECOMES LAW
Art. III §32 | VETOED BILLS RECONSIDERED, WHEN
Art. III §33 | (REPEALED AUGUST 5, 1986, L. 1986 HCS HJR 4 AND 20, §1, 1ST REG. SESS.)
Art. III §34 | REVISION OF GENERAL STATUTES — LIMITATION ON COMPENSATION
Art. III §35 | COMMITTEE ON LEGISLATIVE RESEARCH
LIMITATION OF LEGISLATIVE POWER
Art. III §36 | PAYMENT OF STATE REVENUES AND RECEIPTS TO TREASURY — LIMITATION OF WITHDRAWALS TO APPROPRIATIONS — ORDER OF APPROPRIATIONS
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.
Art. III §37 | LIMITATION ON STATE DEBTS AND BOND ISSUES
(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.
Art. III §37(a) | STATE BUILDING BOND ISSUE AUTHORIZED — INTEREST RATE — PAYMENT FROM INCOME TAX AND OTHER FUNDS
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.
Art. III §37(b) | WATER POLLUTION CONTROL FUND ESTABLISHED — BONDS AUTHORIZED — FUNDS TO STAND APPROPRIATED
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.
Art. III §37(c) | ADDITIONAL WATER POLLUTION CONTROL BONDS AUTHORIZED — PROCEDURE
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.
Art. III §37(d) | THIRD STATE BUILDING BOND ISSUE AUTHORIZED — PROCEDURES — USE OF FUNDS
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:
(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:
(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;
(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.
Art. III §37(e) | WATER POLLUTION CONTROL, IMPROVEMENT OF DRINKING WATER SYSTEMS AND STORM WATER CONTROL — BONDS AUTHORIZED, PROCEDURE
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 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 succeeeding 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.
Art. III §37(f) | FOURTH STATE BUILDING BOND AND INTEREST FUND CREATED — BOND ISSUE AUTHORIZED, PROCEDURE — USE OF FUNDS
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.
Art. III §37(g) | RURAL WATER AND SEWER GRANTS AND LOANS — BONDS AUTHORIZED, PROCEDURE
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.
Art. III §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)
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.
Art. III §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
Art. III §38(b) | TAX LEVY FOR BLIND PENSION FUND
Art. III §38(c) | NEIGHBORHOOD IMPROVEMENT DISTRICTS, CITIES AND COUNTIES MAY BE AUTHORIZED TO ESTABLISH, POWERS AND DUTIES — LIMITATION ON INDEBTEDNESS
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.
Art. III §38(d) | STEM CELL RESEARCH — TITLE OF LAW — PERMISSIBLE RESEARCH — VIOLATIONS, PENALTY — REPORT REQUIRED, WHEN — PROHIBITED ACTS — DEFINITIONS
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:
(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
(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.
(ii) create disincentives for any person to engage in or otherwise associate with such research or therapies and cures.
4. Each institution, hospital, other entity, or other person conducting human embryonic stem cell research in the state shall
(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.
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
(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.
(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
(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).
(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.
(ii) create disincentives for any person to engage in or otherwise associate with such research or therapies and cures.
Art. III §39 | LIMITATION OF POWER OF GENERAL ASSEMBLY
(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.
Art. III §39(a) | BINGO MAY BE AUTHORIZED — REQUIREMENTS
(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:
(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;
(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.
STATE LOTTERY
Art. III §39(b) | STATE LOTTERY, AUTHORITY TO ESTABLISH — LOTTERY PROCEEDS FUND ESTABLISHED, PURPOSE
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.
Art. III §39(c) | PARI-MUTUEL WAGERING MAY BE AUTHORIZED BY GENERAL ASSEMBLY — HORSE RACING COMMISSION ESTABLISHED, ELECTION PROCEDURE TO ADOPT OR REJECT HORSE RACING
(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.
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 racetrack 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.
Art. III §39(d) | GAMING REVENUES TO BE APPROPRIATED TO PUBLIC INSTITUTIONS OF ELEMENTARY, SECONDARY AND HIGHER EDUCATION
Art. III §39(e) | RIVERBOAT GAMBLING AUTHORIZED ON MISSOURI AND MISSISSIPPI RIVERS — BOATS IN MOATS AUTHORIZED
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).
Art. III §39(f) | RAFFLES AND SWEEPSTAKES AUTHORIZED
Art. III §40 | LIMITATIONS ON PASSAGE OF LOCAL AND SPECIAL LAWS
(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.
Art. III §41 | INDIRECT ENACTMENT OF LOCAL AND SPECIAL LAWS — REPEAL OF LOCAL AND SPECIAL LAWS
Art. III §42 | NOTICE OF PROPOSED LOCAL OR SPECIAL LAWS
Art. III §43 | TITLE AND CONTROL OF LANDS OF UNITED STATES — EXEMPTION FROM TAXATION — TAXATION OF LANDS OF NONRESIDENTS
Art. III §44 | UNIFORM INTEREST RATES
Art. III §45 | CONGRESSIONAL APPORTIONMENT
Art. III §45(a) | TERM LIMITATIONS FOR MEMBERS OF U.S. CONGRESS — EFFECTIVE WHEN — VOLUNTARY OBSERVANCE REQUIRED, WHEN
(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.
Art. III §46 | MILITIA
Art. III §46(a) | EMERGENCY DUTIES AND POWERS OF ASSEMBLY ON ENEMY ATTACK
(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.
Art. III §47 | STATE PARKS — APPROPRIATIONS FOR, REQUIRED
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.
Art. III §48 | HISTORICAL MEMORIALS AND MONUMENTS — ACQUISITION OF PROPERTY
INITIATIVE AND REFERENDUM
Art. III §49 | RESERVATION OF POWER TO ENACT AND REJECT LAWS
Art. III §50 | INITIATIVE PETITIONS — SIGNATURES REQUIRED — FORM AND PROCEDURE
Art. III §51 | APPROPRIATIONS BY INITIATIVE — EFFECTIVE DATE OF INITIATED LAWS — CONFLICTING LAWS CONCURRENTLY ADOPTED
Art. III §52(a) | REFERENDUM — EXCEPTIONS — PROCEDURE
Art. III §52(b) | VETO POWER — ELECTIONS — EFFECTIVE DATE
Art. III §53 | BASIS FOR COMPUTATION OF SIGNATURES REQUIRED
This material might help you recover from the damages that lawbreaking judges/lawyers/agencies/organizations have inflicted upon you [and/or the public] (see this example of a Florida judge who outright committed perjury).
Perhaps it'll [even] help you navigate through your state's administrative gauntlet. A gauntlet which might include – but not be limited to:
- State Agency Bribery;
- State Agency Corruption;
- State Agency Obstruction; and
- State Agency Self-Discrimination
Sincerely,
www.TextBookDiscrimination.com
