Missouri 2024 Regular Session

Missouri Senate Bill SJR79 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 SECOND REGULAR SESSION
55 SENATE JOINT RESOLUTION NO. 79
66 102ND GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR BROWN (26).
88 4266S.01I KRISTINA MARTIN, Secretary
99 JOINT RESOLUTION
1010 Submitting to the qualified voters of Missouri, an amendment repealing sections 50 and 51 of
1111 article III of the Constitution of Missouri, and adopting three new sections in lieu
1212 thereof relating to procedures for ballot measures submitted to the voters.
1313
1414 Be it resolved by the Senate, the House of Representatives concurring therein:
1515 That at the next general election to be held in the 1
1616 state of Missouri, on Tuesday next following the first Monday 2
1717 in November, 2024, or at a special election to be called by 3
1818 the governor for that purpose, there is hereby submitted to 4
1919 the qualified voters of this state, for adoption or 5
2020 rejection, the following amendment to article III of the 6
2121 Constitution of the state of Missouri:7
2222 Section A. Sections 50 and 51, article III, Constitution 1
2323 of Missouri, are repealed and three new sections adopted in 2
2424 lieu thereof, to be known as sections 50, 51, and 54, to read 3
2525 as follows:4
2626 Section 50. Initiative petitions proposing amendments 1
2727 to the constitution shall be signed by eight percent of the 2
2828 legal voters in each of two -thirds of the congressional 3
2929 districts in the state, and petitions proposing laws shall 4
3030 be signed by five percent of such voters. Every such 5
3131 petition shall be filed with the secretary of state not less 6
3232 than six months before the election and shall contain an 7
3333 enacting clause and the full text of the measure. Legal 8
3434 voters in each congressional district shall have the 9 SJR 79 2
3535 opportunity to review and comment upon all initiative 10
3636 petitions proposing an amendment to this constitution 11
3737 following the filing of the petition with the secretary of 12
3838 state and not less than fifteen days before the measure 13
3939 appears on the ballot. Such review and comment process 14
4040 shall be administered by the secretary of state in a public 15
4141 forum. Petitions for constitutional amendments shall not 16
4242 contain more than one amended and revised article of this 17
4343 constitution, or one new article which shall not contain 18
4444 more than one subject and matters properly connected 19
4545 therewith, and the enacting clause thereof shall be "Be it 20
4646 resolved by the people of the state of Missouri that th e 21
4747 Constitution be amended:". Petitions for laws shall contain 22
4848 not more than one subject which shall be expressed clearly 23
4949 in the title, and the enacting clause thereof shall be "Be 24
5050 it enacted by the people of the state of Missouri:". For 25
5151 purposes of this article and article XII of this 26
5252 constitution, only citizens of the United States of America, 27
5353 who are eighteen years of age or older, who are residents of 28
5454 the State of Missouri, and who are properly registered to 29
5555 vote in the State of Missouri shall be considered legal 30
5656 voters or electors. 31
5757 Section 51. 1. The initiative shall not be used : 1
5858 (1) For the appropriation of money other than of new 2
5959 revenues created and provided for thereby [, or]; 3
6060 (2) To permit a public offici al to receive gifts from 4
6161 lobbyists; 5
6262 (3) To raise sales taxes on food; 6
6363 (4) To raise, expand, or impose any taxes or fees on 7
6464 real estate, real estate transactions, or real or personal 8
6565 property; 9 SJR 79 3
6666 (5) To reduce the appropriation of money de dicated to 10
6767 any law enforcement agency, the Missouri Department of the 11
6868 National Guard, or first responders; 12
6969 (6) To reduce state revenues for public education 13
7070 under section 3(b) of article IX of this constitution; or 14
7171 (7) For any other purpose prohibited by this 15
7272 constitution. [Except as provided in this constitution, ] 16
7373 2. It shall be unlawful for: 17
7474 (1) A government of a foreign country or a foreign 18
7575 political party to sponsor an initiative petition for any 19
7676 purpose whatsoever, includ ing but not limited to, the 20
7777 purchase of farmland in Missouri; 21
7878 (2) A government of a foreign country or a foreign 22
7979 political party to directly or indirectly make: 23
8080 (a) A contribution or donation of money or other thing 24
8181 of value, or make an expr ess or implied promise to make a 25
8282 contribution or donation, in connection with an initiative 26
8383 petition; 27
8484 (b) A contribution or donation to a political 28
8585 committee or a political party favoring or opposing an 29
8686 initiative petition; or 30
8787 (c) An expenditure, independent expenditure, or 31
8888 disbursement for an electioneering communication, whether 32
8989 print, broadcast, or digital media, or otherwise, related to 33
9090 an initiative petition; or 34
9191 (3) A person to solicit, accept, or receive a 35
9292 contribution or donation from a government of a foreign 36
9393 country or a foreign political party, in connection with an 37
9494 initiative petition. 38
9595 3. (1) Any measure [proposed] proposing laws shall 39
9696 take effect when approved by a majority of the votes cast 40
9797 thereon. 41 SJR 79 4
9898 (2) Notwithstanding section 2(b) of article XII of 42
9999 this constitution to the contrary, any measure proposing an 43
100100 amendment to this constitution shall take effect when 44
101101 approved by a majority of the votes cast thereon statewide 45
102102 by legal voters and also a majo rity of votes cast thereon in 46
103103 each of more than half of the congressional districts by 47
104104 legal voters. 48
105105 (3) When conflicting measures are approved at the same 49
106106 election the one receiving the largest affirmative vote 50
107107 shall prevail. 51
108108 4. The general assembly shall have exclusive authority 52
109109 to enact laws enforcing provisions in this constitution 53
110110 relating to ballot measures. 54
111111 Section 54. 1. Notwithstanding section 27 of this 1
112112 article to the contrary, until three years following th e 2
113113 effective date of any law approved by the people through the 3
114114 initiative petition process, the general assembly shall not 4
115115 pass any law amending or repealing such measure unless, by a 5
116116 vote of yeas and nays, at least four -sevenths of the members 6
117117 serving in each house, less any vacancies, be recorded as 7
118118 voting favorably. 8
119119 2. In the event that a court of competent jurisdiction 9
120120 issues a final judgment that declares a law approved by the 10
121121 people through the initiative petition process 11
122122 unconstitutional or otherwise invalid, in whole or in part, 12
123123 or that otherwise renders the law inoperable and of no force 13
124124 and effect of law, in whole or in part, the provisions of 14
125125 subsection 1 of this section shall not apply and the general 15
126126 assembly may amend or repe al such measure in a manner that 16
127127 is otherwise consistent with this constitution. 17
128128 3. If any initiative petition proposing a 18
129129 constitutional amendment that is approved by the people is 19 SJR 79 5
130130 found by a court of competent jurisdiction to be 20
131131 unconstitutional or otherwise invalid, in whole or in part, 21
132132 the remaining provisions of the amendment shall also be 22
133133 invalid. 23
134134 4. Subsections 1 and 2 of this section shall not apply 24
135135 to any constitutional amendment adopted through the 25
136136 initiative petition process. 26
137137 Section B. Under chapter 116, and other applicable 1
138138 constitutional provisions and laws of this state allowing 2
139139 the general assembly to adopt ballot language for the 3
140140 submission of a joint resolution to the voters of this 4
141141 state, the official ballot title of the amendment proposed 5
142142 in Section A shall be as follows: 6
143143
144144 7 "Shall the Missouri Constitution be amended to:
145145 8
146146 9
147147 • Allow only U.S. citizens to sign and vote on
148148 initiatives;
149149
150150 10 • Forbid foreign countries from funding initiatives;
151151 11
152152 12
153153 • Restrict lawmakers from undoing laws approved by the
154154 people;
155155
156156 13
157157 14
158158 • Ban initiatives allowing lobbyists' gifts to
159159 lawmakers;
160160
161161 15
162162 16
163163 • Pass constitutional initiatives by a majority vote in
164164 a majority of congressional districts?".
165165