2012 Initiative Petitions
Approved for Circulation in Missouri
Constitutional Amendment to Article III, Relating to Citizen Initiative Petitions, version 4, 2012-055
NOTICE: You are advised that the proposed constitutional amendment may change, repeal, or modify by implication or may be construed by some persons to change, repeal, or modify by implication, the following provisions of the Constitution of Missouri –Sections 1, 27, 28, 34, 39, 49, 50, 51, 52(b), and 53 of Article III; and Sections 1, 2(a), and 2(b) of Article XII.
Be it resolved by the people of the state of Missouri that the Constitution be amended:
One new section, to be known as Section 54 of Article III, is enacted, and Section 39 of Article III of the Constitution of Missouri is amended, to read as follows:
Section 54. (1) This section shall be known and may be cited as the “Your Vote Counts Act.”
(2) A statute enacted by citizen initiative pursuant to this article shall not be repealed or amended by the general assembly, except by either a three-fourths vote of the members of each house or a vote of the people through a referendum or unless such statute explicitly provides that the general assembly may repeal or amend it by a majority vote of the members of each house.
(3) This section shall apply prospectively to actions of the general assembly relating to statutes enacted by citizen initiative pursuant to this article, whether the initiative statute was enacted before or is enacted after the effective date of this section.
Section 39. The general assembly shall not have the power:
(1) To give or lend or to authorize the giving or lending of the credit or the state in aid or to any person, association, municipal or other corporation;
(2) To pledge the credit of the state for the payment of the liabilities, present or prospective, of any individual, association, municipal or other corporation;
(3) To grant or to authorize any county or municipal authority to grant any extra compensation, fee or allowance to a public officer, agent, servant or contractor after service has been rendered or a contract has been entered into and performed in whole or in part;
(4) To pay or to authorize the payment of any claim against the state or any county or municipal corporation of the state under any agreement or contract made without express authority of law;
(5) To release or extinguish or to authorize the releasing or extinguishing, in whole or in part, without consideration, the indebtedness, liability or obligation of any corporation or individual due this state or any county or municipal corporation;
(6) To make any appropriation of money for the payment, or on account of or in recognition of any claims audited or that may hereafter be audited by virtue of an act entitled "An Act to Audit and Adjust the War Debts of the State," approved March 19, 1874, or any act of a similar nature, until the claim so audited shall have been presented to and paid by the government of the United States to this state;
(7) To act, when convened in extra session by the governor, upon subjects other than those specially designated in the proclamation calling said session or recommended by special message to the general assembly after the convening of an extra session;
(8) To remove the seat of government from the City of Jefferson;
(9) Except as otherwise provided in section 39(b), section 39(c), section 39(e) or section 39(f) of this article, to authorize lotteries or gift enterprises for any purpose, and shall enact laws to prohibit the sale of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery; except that, nothing in this section shall be so construed as to prevent or prohibit citizens of this state from participating in games or contests of skill or chance where no consideration is required to be given for the privilege or opportunity of participating or for receiving the award or prize and the term "lottery or gift enterprise" shall mean only those games or contests whereby money or something of value is exchanged directly for the ticket or chance to participate in the game or contest. The general assembly may, by law, provide standards and conditions to regulate or guarantee the awarding of prizes provided for in such games or contests under the provision of this subdivision;
(10) To impose a use or sales tax upon the use, purchase or acquisition of property paid for out of the funds of any county or other political subdivision[.];
(11) As provided in section 54 of this article, to repeal or amend any statute enacted by citizen initiative pursuant to this article, except by either a three-fourths vote of the members of each house or by a vote of the people through a referendum or unless such statute explicitly provides that the general assembly may repeal or amend it by a majority vote of the members of each house.