Missouri 2024 Regular Session

Missouri Senate Bill SJR79 Latest Draft

Bill / Introduced Version Filed 12/06/2023

                             
EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted 
and is intended to be omitted in the law. 
SECOND REGULAR SESSION 
SENATE JOINT RESOLUTION NO. 79 
102ND GENERAL ASSEMBLY  
INTRODUCED BY SENATOR BROWN (26). 
4266S.01I 	KRISTINA MARTIN, Secretary  
JOINT RESOLUTION 
Submitting to the qualified voters of Missouri, an amendment repealing sections 50 and 51 of 
article III of the Constitution of Missouri, and adopting three new sections in lieu 
thereof relating to procedures for ballot measures submitted to the voters. 
 
Be it resolved by the Senate, the House of Representatives concurring therein: 
     That at the next general election to be held in the 1 
state of Missouri, on Tuesday next following the first Monday 2 
in November, 2024, or at a special election to be called by 3 
the governor for that purpose, there is hereby submitted to 4 
the qualified voters of this state, for adoption or 5 
rejection, the following amendment to article III of the 6 
Constitution of the state of Missouri:7 
     Section A.  Sections 50 and 51, article III, Constitution 1 
of Missouri, are repealed and three new sections adopted in 2 
lieu thereof, to be known as sections 50, 51, and 54, to read 3 
as follows:4 
     Section 50.  Initiative petitions proposing amendments 1 
to the constitution shall be signed by eight percent of the 2 
legal voters in each of two -thirds of the congressional 3 
districts in the state, and petitions proposing laws shall 4 
be signed by five percent of such voters.  Every such  5 
petition shall be filed with the secretary of state not less 6 
than six months before the election and shall contain an 7 
enacting clause and the full text of the measure.  Legal  8 
voters in each congressional district shall have the 9   SJR 79 	2 
opportunity to review and comment upon all initiative 10 
petitions proposing an amendment to this constitution 11 
following the filing of the petition with the secretary of 12 
state and not less than fifteen days before the measure 13 
appears on the ballot.  Such review and comment process 14 
shall be administered by the secretary of state in a public 15 
forum.  Petitions for constitutional amendments shall not 16 
contain more than one amended and revised article of this 17 
constitution, or one new article which shall not contain 18 
more than one subject and matters properly connected 19 
therewith, and the enacting clause thereof shall be "Be it 20 
resolved by the people of the state of Missouri that th e  21 
Constitution be amended:".  Petitions for laws shall contain 22 
not more than one subject which shall be expressed clearly 23 
in the title, and the enacting clause thereof shall be "Be 24 
it enacted by the people of the state of Missouri:".  For  25 
purposes of this article and article XII of this 26 
constitution, only citizens of the United States of America, 27 
who are eighteen years of age or older, who are residents of 28 
the State of Missouri, and who are properly registered to 29 
vote in the State of Missouri shall be considered legal 30 
voters or electors. 31 
     Section 51.  1.  The initiative shall not be used : 1 
     (1)  For the appropriation of money other than of new 2 
revenues created and provided for thereby [, or]; 3 
     (2)  To permit a public offici al to receive gifts from 4 
lobbyists; 5 
     (3)  To raise sales taxes on food; 6 
     (4)  To raise, expand, or impose any taxes or fees on 7 
real estate, real estate transactions, or real or personal 8 
property; 9   SJR 79 	3 
     (5)  To reduce the appropriation of money de dicated to  10 
any law enforcement agency, the Missouri Department of the 11 
National Guard, or first responders; 12 
     (6)  To reduce state revenues for public education 13 
under section 3(b) of article IX of this constitution; or 14 
     (7)  For any other purpose prohibited by this  15 
constitution.  [Except as provided in this constitution, ] 16 
     2.  It shall be unlawful for: 17 
     (1)  A government of a foreign country or a foreign 18 
political party to sponsor an initiative petition for any 19 
purpose whatsoever, includ ing but not limited to, the 20 
purchase of farmland in Missouri; 21 
     (2)  A government of a foreign country or a foreign 22 
political party to directly or indirectly make: 23 
     (a)  A contribution or donation of money or other thing 24 
of value, or make an expr ess or implied promise to make a 25 
contribution or donation, in connection with an initiative 26 
petition; 27 
     (b)  A contribution or donation to a political 28 
committee or a political party favoring or opposing an 29 
initiative petition; or 30 
     (c)  An expenditure, independent expenditure, or 31 
disbursement for an electioneering communication, whether 32 
print, broadcast, or digital media, or otherwise, related to 33 
an initiative petition; or 34 
     (3)  A person to solicit, accept, or receive a 35 
contribution or donation from a government of a foreign 36 
country or a foreign political party, in connection with an 37 
initiative petition. 38 
     3.  (1)  Any measure [proposed] proposing laws shall  39 
take effect when approved by a majority of the votes cast 40 
thereon. 41   SJR 79 	4 
     (2)  Notwithstanding section 2(b) of article XII of 42 
this constitution to the contrary, any measure proposing an 43 
amendment to this constitution shall take effect when 44 
approved by a majority of the votes cast thereon statewide 45 
by legal voters and also a majo rity of votes cast thereon in 46 
each of more than half of the congressional districts by 47 
legal voters. 48 
     (3)  When conflicting measures are approved at the same  49 
election the one receiving the largest affirmative vote  50 
shall prevail. 51 
     4.  The general assembly shall have exclusive authority 52 
to enact laws enforcing provisions in this constitution 53 
relating to ballot measures. 54 
     Section 54.  1.  Notwithstanding section 27 of this 1 
article to the contrary, until three years following th e  2 
effective date of any law approved by the people through the 3 
initiative petition process, the general assembly shall not 4 
pass any law amending or repealing such measure unless, by a 5 
vote of yeas and nays, at least four -sevenths of the members 6 
serving in each house, less any vacancies, be recorded as 7 
voting favorably. 8 
     2.  In the event that a court of competent jurisdiction 9 
issues a final judgment that declares a law approved by the 10 
people through the initiative petition process 11 
unconstitutional or otherwise invalid, in whole or in part, 12 
or that otherwise renders the law inoperable and of no force 13 
and effect of law, in whole or in part, the provisions of 14 
subsection 1 of this section shall not apply and the general 15 
assembly may amend or repe al such measure in a manner that 16 
is otherwise consistent with this constitution. 17 
     3.  If any initiative petition proposing a 18 
constitutional amendment that is approved by the people is 19   SJR 79 	5 
found by a court of competent jurisdiction to be 20 
unconstitutional or otherwise invalid, in whole or in part, 21 
the remaining provisions of the amendment shall also be 22 
invalid. 23 
     4.  Subsections 1 and 2 of this section shall not apply 24 
to any constitutional amendment adopted through the 25 
initiative petition process. 26 
     Section B.  Under chapter 116, and other applicable 1 
constitutional provisions and laws of this state allowing 2 
the general assembly to adopt ballot language for the 3 
submission of a joint resolution to the voters of this 4 
state, the official ballot title of the amendment proposed 5 
in Section A shall be as follows:   6 
 
7    "Shall the Missouri Constitution be amended to:   
8 
9 
   • Allow only U.S. citizens to sign and vote on 
initiatives; 
   
10    • Forbid foreign countries from funding initiatives;   
11 
12 
   • Restrict lawmakers from undoing laws approved by the 
people; 
   
13 
14 
   • Ban initiatives allowing lobbyists' gifts to 
lawmakers; 
   
15 
16 
   • Pass constitutional initiatives by a majority vote in 
a majority of congressional districts?".