2012 Initiative Petitions
Approved for Circulation in Missouri
Constitutional Amendment to Article X, Relating to Local Taxes on Beverages, version 3, 2012-142
Be it resolved by the people of the state of Missouri that the Constitution be amended:
Article X is amended by adopting one new section to be known as Article X, Section 27.
Section 27. 1. This section shall be known as the “Local Voters’ Right to Set and Control Local Beverage Taxes Initiative.”
2. Notwithstanding section 1 of this article or any other law to the contrary, local voters shall have the right to set and control local beverage taxes in counties.
3. As used in this initiative, the following terms have the following meanings:
(1) “Local voters” shall not mean the General Assembly nor the local governing body in a city or county, but shall only mean a majority of the qualified voters casting ballots in an election in a city or county on a city-wide or county-wide beverage tax measure, whether submitted to local voters by the local governing body or by local initiative petition in counties where the initiative is otherwise available.
(2) “Right to set and control local beverage taxes” means the right, power and authority to set, control, impose, establish, levy, collect, fix, reduce, eliminate or change the rate, base or dedicated use of a city or county excise tax on beverages, or other tax on beverages, or on the selling of beverages, or on the business of selling beverages. “Beverage” means any drink sold for human consumption, including soft drinks, beer, wine, and spirits but not including a) water containing no flavor additives and b) pure fruit juice.
4. All existing local beverage taxes in place on the effective date of this initiative shall remain in effect provided, however, that the rate, base or dedicated use of such local beverage taxes may only be modified with the approval of local voters.
5. The provisions of this initiative are self-executing. Governing bodies in cities and counties are authorized, but not mandated, to submit measures to local voters to set and control local beverage taxes at elections occurring after the date this initiative is approved by voters. In addition, the people are authorized, but not mandated, to submit measures to local voters by initiative petition to set and control local beverage taxes at elections occurring after the date this initiative is approved by voters.
6. All of the provisions of this initiative are severable. If any provision of this initiative is found by a court of competent jurisdiction to be unconstitutional or unconstitutionally enacted, the remaining provisions shall be and remain valid.