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TH CCXX I

Constitution
State of Missouri

Constitution of the
United States

Robin Carnahan
Secretary of State

Revised September 2006

 OFFICE OF THE SECRETARY OF STATE
STATE OF MISSOURI
JEFFERSON CITY
65101 STATE CAPITOL
ROBIN CARNAHAN ROOM 208
SECRETARY OF STATE (573) 751-2379

Dear Fellow Missourians:

Within these pages lie the foundations of our representative democracy.

The principles that underlie the constitutions of the United States and of Missouri not
only provide the framework of our government, they inspire people around the world
to seek their own freedom.

While the history of the United States Constitution is well known, you may be sur-
prised to learn that Missouri has operated under four different constitutions.

Missouri’s first attempt at gaining statehood in 1819 set off a fiery debate regarding
slavery, resulting in the famous “Missouri Compromise.” After modification, the
constitution was submitted again to Congress in 1820, which gave its approval.
Upon the official proclamation of President James Monroe, Missouri formally joined
the Union on August 10, 1821. A second Missouri constitution was adopted in 1865,
born in the bitterness and strife of civil war. A third constitution followed in 1875,
giving Missouri, a minimalist government, which they repeatedly amended over the
next seventy years. Missourians approved their present constitution in 1945.

As Secretary of State, it is my privilege to provide copies of these important living

texts. May their democratic ideals continue to inspire us, as they did our ancestors,
as we strive to turn their principles of freedom into a reality.

Very truly yours,

Robin Carnahan
 Contents
Constitution of Missouri
Page
Act of Admission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Ordinance of Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Admission of Missouri into the Union . . . . . . . . . . . . . . . . . . . 6
A Solemn Public Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
A Proclamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
ARTICLE I Bill of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
ARTICLE II The Distribution of Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
ARTICLE III Legislative Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Legislative Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Limitation of Legislative Power . . . . . . . . . . . . . . . . . . . . . . . . 28
State Lottery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Initiative and Referendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
ARTICLE IV Executive Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Highways and Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Agriculture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Economic Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Social Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Mental Health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Natural Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Public Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Labor and Industrial Relations . . . . . . . . . . . . . . . . . . . . . . . . . 73
Office of Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Appointment of Administrative Heads . . . . . . . . . . . . . . . . . . . 74
Higher Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Nondiscrimination in Appointments . . . . . . . . . . . . . . . . . . . . . 75
ARTICLE V Judicial Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
ARTICLE VI Local Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Special Charters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Local Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Finances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
City and County of St. Louis . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
City of St. Louis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
ARTICLE VII Public Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
ARTICLE VIII Suffrage and Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
ARTICLE IX Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
ARTICLE X Taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
ARTICLE XI Corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
 Railroads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
Banks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
ARTICLE XII Amending the Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
ARTICLE XIII Public Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133

Constitution of the United States of America

Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
ARTICLE I Legislative Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
ARTICLE II Executive Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
ARTICLE III Judicial Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
ARTICLE IV States and Territories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
ARTICLE V Amendments to Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
ARTICLE VI Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
ARTICLE VII Ratification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
______________
Authority to publish
The Constitution of the State of Missouri is published by the Office of Secretary of
State pursuant to the Revised Statutes of Missouri (RSMo 2.110). Copies of the
Missouri Constitution are available in limited quantities, without charge by writing to:
Secretary of State Robin Carnahan, Attention: Publications, PO Box 1767, Jefferson
City, MO 65102-1767.
This information was produced at public expense and is made available for the pur-
poses stated by the requestor. Political, commercial or other nonpublic informational
use may constitute a misuse of public resources and may result in denial of future
requests by the offending party.
______________
 ACT OF ADMISSION
__________
An act to authorize the people of the Missouri Territory to form a Constitution and State
government, and for the admission of such state into the union on an equal footing with
the original states, and to prohibit slavery in certain territories.
Section 1. Be it enacted by the Senate and House of Representatives of the United
States of America, in Congress assembled, that the inhabitants of that portion of the
Missouri Territory included within the boundaries hereinafter designated, be and they
are hereby authorized to form for themselves a constitution and state government, and
to assume such name as they shall deem proper; and the said state, when formed, shall
be admitted into the Union upon an equal footing with the original states, in all respects
whatsoever.
Section 2. And be it further enacted, that the said state shall consist of all the terri-
tory included within the following boundaries, to wit: Beginning in the middle of the
Mississippi river, on the parallel of thirty-six degrees of north latitude; thence west,
along that parallel of latitude, to the St. Francis river; thence up and following the
course of that river, in the middle of the main channel thereof, to the parallel of latitude
thirty-six degrees and thirty minutes; thence west along the same to a point where the
said parallel is intersected by a meridian line passing through the middle of the mouth
of the Kansas river, where the same empties into the Missouri river; thence from the
point aforesaid, north, along the said meridian line, to the intersection of the parallel of
latitude which passes through the rapids of the river Des Moines, making the said line
to correspond with the Indian boundary line; thence east from the point of intersection
last aforesaid, along the said parallel of latitude, to the middle of the channel of the
main fork of the said river Des Moines; thence down and along the middle of the main
channel of the said river Des Moines, to the mouth of the same, where it empties into
the Mississippi river; thence due east to the middle of the main channel of the
Mississippi river; thence down and following the course of the Mississippi river, in the
middle of the main channel thereof, to the place of beginning; provided, that said state
shall ratify the boundaries aforesaid; and provided also, that the said state shall have
concurrent jurisdiction on the river Mississippi, and every other river bordering on the
said state, so far as the said rivers shall form a common boundary to the said state and
any other state or states, now or hereafter to be formed and bounded by the same—such
rivers to be common to both; and that the river Mississippi, and the navigable rivers and
waters leading to the same, shall be common highways, and forever free, as well to the
inhabitants of the said state as to other citizens of the United States, without any tax,
duty, impost or toll therefor imposed by the said state.
Section 3. And be it further enacted, that all free white male citizens of the United
States, who shall have arrived at the age of twenty-one years, and have resided in said
territory three months previous to the day of election, and all other persons qualified to
vote for representatives to the general assembly of the said territory, shall be qualified
to be elected, and they are hereby qualified and authorized to vote, and choose repre-
sentatives to form a convention, who shall be apportioned amongst the several counties
as follows: From the county of Howard, five representatives; from the county of
Cooper, three representatives; from the county of Montgomery, two representatives;
from the county of Pike, one representative; from the county of Lincoln, one represen-
tative; from the county of St. Charles, three representatives; from the county of
1
§4 ACT OF ADMISSION 2

Franklin, one representative; from the county of St. Louis, eight representatives; from
the county of Jefferson, one representative; from the county of Washington, three rep-
resentatives; from the county of Ste. Genevieve, four representatives; from the county
of Madison, one representative; from the county of Cape Girardeau, five representa-
tives; from the county of New Madrid, two representatives; from the county of Wayne,
and that portion of the county of Lawrence that falls within the boundaries herein des-
ignated, one representative. And the election for the representatives aforesaid shall be
holden on the first Monday, and two succeeding days, of May next, throughout the sev-
eral counties aforesaid, in the said territory, and shall be in every respect held and con-
ducted in the same manner, and under the same regulations, as prescribed by the laws
of the said territory, regulating elections therein for members of the general assembly,
except that the returns of the election in that portion of Lawrence county included in
the boundaries aforesaid shall be made to the county of Wayne, as is provided in other
cases under the laws of said territory.
Section 4. And be it further enacted, that the members of the convention thus duly
elected shall be and they are hereby authorized to meet at the seat of government of
said territory, on the second Monday of the month of June next; and the said conven-
tion, when so assembled, shall have power and authority to adjourn to any other place
in the said territory which to them shall seem best for the convenient transaction of
their business; and which convention, when so met, shall first determine, by a majori-
ty of the whole number elected, whether it be or be not expedient at that time to form
a constitution and state government for the people within the said territory, as includ-
ed within the boundaries above designated; and if it be deemed expedient, the conven-
tion shall be and hereby is authorized to form a constitution and state government, or,
if it be deemed more expedient, the said convention shall provide by ordinance for
electing representatives to form a constitution or frame of government; which said rep-
resentatives shall be chosen in such manner, and in such proportion, as they shall des-
ignate, and shall meet at such time and place as shall be prescribed by the said ordi-
nance, and shall then form for the people of said territory, within the boundaries afore-
said, a constitution and state government; provided, that the same, whenever formed,
shall be republican, and not repugnant to the Constitution of the United States, and that
the legislature of said state shall never interfere with the primary disposal of the soil of
the United States, nor with any regulations Congress may find necessary for securing
the title in such soil to the bona fide purchasers, and that no tax shall be imposed on
lands the property of the United States; and in no case shall nonresident proprietors be
taxed higher than residents.
Section 5. And be it further enacted, that, until the next general census shall be
taken, the said state shall be entitled to one representative in the House of
Representatives of the United States.
Section 6. And be it further enacted, that the following propositions be and the same
are hereby offered to the convention of the said territory of Missouri, when formed, for
their free acceptance or rejection, which, if accepted by the convention, shall be oblig-
atory upon the United States:
First, that section numbered sixteen in every township, and when such section has
been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous
as may be, shall be granted to the state for the use of the inhabitants of such township,
for the use of schools.
3 ACT OF ADMISSION §8

Second, that all salt springs, not exceeding twelve in number, with six sections of
land adjoining to each, shall be granted to the said state for the use of said state—the
same to be selected by the legislature of the said state, on or before the first day of
January, in the year one thousand eight hundred and twenty-five, and the same, when
so selected, to be used under such terms, conditions and regulations as the legislature
of said state shall direct; provided, that no salt spring, the right whereof now is or here-
after shall be confirmed or adjudged to any individual or individuals, shall, by this sec-
tion, be granted to said state; and provided also, that the legislature shall never sell or
lease the same at any one time for a longer period than ten years without the consent
of Congress.
Third, that five percent of the net proceeds of the sale of lands lying within the said
territory or state, and which shall be sold by Congress from and after the first day of
January next, after deducting all expenses incident to the same, shall be reserved for
making public roads and canals, of which three-fifths shall be applied to those objects
within the state, under the direction of the legislature thereof, and the other two-fifths
in defraying, under the direction of Congress, the expenses to be incurred in making of
a road or roads, canal or canals, leading to the said state.
Fourth, that four entire sections of land be and the same are hereby granted to the
said state for the purpose of fixing their seat of government thereon, which said sec-
tions shall, under the direction of the legislature of said state, be located, as near as may
be, in one body, at any time, in such townships and ranges as the legislature aforesaid
may select, on any of the public lands of the United States; provided, that such loca-
tions shall be made prior to the public sale of the lands of the United States surround-
ing such location.
Fifth, that thirty-six sections, or one entire township, which shall be designated by
the President of the United States, together with the other lands heretofore reserved for
that purpose, shall be reserved for the use of a seminary of learning, and vested in the
legislature of said state, to be appropriated solely to the use of such seminary by the
said legislature; provided, that the five foregoing propositions herein offered are on the
condition that the convention of the said state shall provide, by an ordinance, irrevoca-
ble without the consent of the United States, that every and each tract of land sold by
the United States, from and after the first day of January next, shall remain exempt
from any tax laid by order or under the authority of the state, whether for state, coun-
ty or township, or any other purpose whatever, for the term of five years from and after
the day of sale; and further, that the bounty lands granted or hereafter to be granted for
military services during the late war shall, while they continue to be held by the pat-
entees, or their heirs, remain exempt as aforesaid from taxation for the term of three
years from and after the date of the patents respectively.
Section 7. And be it further enacted, that in case a constitution and state government
shall be formed for the people of the said territory of Missouri, and said convention, or
representatives, as soon thereafter as may be, shall cause a true and attested copy of
such constitution or frame of state government as shall be formed or provided to be
transmitted to Congress.
Section 8. And be it further enacted, that in all that territory ceded by France to the
United States, under the name of Louisiana, which lies north of thirty-six degrees and
thirty minutes, north latitude, not included within the limits of the state contemplated
by this act, slavery and involuntary servitude, otherwise than in the punishment of
crimes, whereof the parties shall have been duly convicted, shall be and is hereby for-
ever prohibited; provided, always, that any person escaping into the same, from whom
§8 ACT OF ADMISSION 4

labor or service is lawfully claimed in any state or territory of the United States, such
fugitive may be lawfully reclaimed and conveyed to the person claiming his or her
labor or service aforesaid.*
Approved March 6, 1820.
*In pursuance of the provisions of this act, members of the convention were elected to form a constitution and state gov-
ernment. They assembled at St. Louis on the 12th of June, 1820, and determined that it was expedient to form a constitution
and state government, and having accepted the five propositions offered by the sixth section of the above act, passed an ordi-
nance, which was finally signed on the 19th of July, 1820. A constitution was formed whereby the boundaries mentioned in
the second section of the above act were ratified, and a new state established by the name of the State of Missouri. Agreeably
to the seventh section of the above act, an attested copy of the constitution was transmitted to Congress. Under this consti-
tution, in August, 1820, the people held a general election, at which state and county officers were chosen and the state gov-
ernment organized. From this cause the records of the state date the admission of Missouri into the Union from August,
1820. A resolution was introduced in Congress for the unconditional admission of the state into the Union, as had been the
uniform course in relation to other new states. This resolution was, however, defeated; and finally, after much discussion, a
resolution was passed for admitting the state on a certain condition. The legislature of Missouri, on the 27th day of June,
1821, accepted the condition, protesting at the same time against the right of Congress to impose it, and on the 10th of
August, 1821, the President of the United States issued his proclamation, announcing the acceptance by this state of the con-
dition.
5 ORDINANCE OF ACCEPTANCE

ORDINANCE OF ACCEPTANCE
__________
An ordinance declaring the assent of the people of the State of Missouri, by their represen-
tatives in convention assembled, to certain conditions and provisions in the act of Con-
gress of the sixth of March, one thousand eight hundred and twenty, entitled “An act to
authorize the people of Missouri territory to form a Constitution and State government,
and for the admission of such State into the Union on an equal footing with the original
States, and to prohibit slavery in certain territories.”
__________
WHEREAS, The act of Congress of the United States of America, approved March
the sixth, one thousand eight hundred and twenty, entitled “An Act to Authorize the
People of Missouri Territory to Form a Constitution and State Government, and for the
Admission of Such State into the Union on an Equal Footing with the Original States,
and to Prohibit Slavery in Certain Territories,” contains certain requisitions and provi-
sions, and among other things, has offered to this convention, when formed, for and in
behalf of the people inhabiting this state, for their free acceptance or rejection, the five
following propositions, and which, if accepted by this convention in behalf of the peo-
ple, as aforesaid, are to be obligatory on the United States, viz.:
First, that section numbered sixteen in every township, and when such section has
been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous
as may be, shall be granted to the state, for the use of the inhabitants of such township
for use of schools.
Second, that all salt springs, not exceeding twelve in number, with six sections of
land adjoining to each, shall be granted to the said state for the use of said state, the
same to be selected by the legislature of said state on or before the first day of January,
in the year one thousand eight hundred and twenty-five; and the same, when so select-
ed, to be used under such terms, conditions and regulations as the legislature of said
state shall direct; provided, that no salt spring, the right whereof now is, or hereafter
shall be, confirmed or adjudged to any individual or individuals, shall by this section
be granted to said state; and provided, also, that the legislature shall never sell or lease
the same, at any one time, for a longer period than ten years, without the consent of
Congress.
Third, that five percent of the net proceeds of the sale of lands lying within the said
territory or state, and which shall be sold by Congress from and after the first day of
January next, after deducting all expenses incident to the same, shall be reserved for
making public roads and canals, of which three-fifths shall be applied to those objects
within the state, under the direction of the legislature thereof, and the other two-fifths
in defraying, under the direction of Congress, the expenses to be incurred in making of
a road or roads, canal or canals, leading to the said state.
Fourth, that four entire sections of land be, and the same are hereby, granted to said
state for the purpose of fixing their seat of government thereon; which said sections
shall, under the direction of the legislature of said state, be located as near as may be
in one body, at any time, in such townships and ranges as the legislature aforesaid may
select, on any of the public lands of the United States; provided, that such location shall
be made prior to the public sale of the lands of the United States surrounding such loca-
tion.
 ADMISSION OF MISSOURI INTO THE UNION 6

Fifth, that thirty-six sections, or one entire township, which shall be designated by
the President of the United States, together with the other lands heretofore reserved for
that purpose, shall be reserved for the use of a seminary of learning, and vested in the
legislature of said state, to be appropriated solely for the use of such seminary by the
legislature.
Now, this convention, for and in behalf of the people inhabiting this state, and by the
authority of the said people, do accept the five before recited propositions, offered by
the act of Congress under which they are assembled; and, in pursuance of the condi-
tions, requisitions and other provisions in the before recited act of Congress contained,
this convention, for and in behalf of the people inhabiting this state, do ordain, agree
and declare that every and each tract of land sold by the United States from and after
the first day of January next, shall remain exempt from any tax laid by order or under
the authority of the state, whether for state, county or township, or any other purpose
whatever, for the term of five years from and after the respective days of sale thereof;
and that the bounty lands granted, or hereafter to be granted, for military services dur-
ing the late war, shall, while they continue to be held by the patentees or their heirs,
remain exempt, as aforesaid, from taxation for the term of three years from and after
the date of the patents respectively; provided, nevertheless, that if the Congress of the
United States shall consent to repeal and revoke the following clause in the fifth propo-
sition of the sixth section of the act of Congress before recited, and in these words, viz.:
“that every and each tract of land sold by the United States from and after the first day
of January next, shall remain exempt from any tax laid by order or under the authority
of the state, whether for state, county or township, or any purpose whatever, for the
term of five years from and after the day of sale; and further,” that this convention, for
and in behalf of the people of the state of Missouri, do hereby ordain, consent and agree
that the same be so revoked and repealed; without which consent of the Congress, as
aforesaid, the said clause to remain in full force and operation, as first above provided
for in this ordinance; and this convention doth hereby request the Congress of the
United States so to modify their third proposition, that the whole amount of five per-
cent on the sale of public lands therein offered may be applied to the construction of
roads and canals, and the promotion of education within this state, under the direction
of the legislature thereof. And this convention, for and in behalf of the people inhabit-
ing this state, and by the authority of said people, do further ordain, agree and declare
that this ordinance shall be irrevocable without the consent of the United States.
(Adopted by convention July 19, 1820)
Note.—Agreeably to the compact formed between the United States and the state of Missouri, the school lands men-
tioned in the first proposition have been appropriated to the use of common schools. The salt springs and lands adjoining
have been selected and disposed of. The lands for the location of the seat of government have been selected and appropriat-
ed. The university lands have been designated and mostly disposed of.
Congress, by an act approved June 10, 1852, consented to such a modification of the compact with this state as to per-
mit the state to impose a tax or taxes upon all lands sold by the United States in the state, from and after the day of such
sale.

ADMISSION OF MISSOURI
INTO THE UNION
RESOLUTION providing for the admission of the State of Missouri into the Union, on
a certain condition.
Resolved, by the Senate and House of Representatives of the United States of
America, in Congress assembled, That Missouri shall be admitted into this Union on an
7 A SOLEMN PUBLIC ACT

equal footing with the original States, in all respects whatever, upon the fundamental
condition, that the fourth clause of the twenty-sixth section of the third article of the
constitution submitted on the part of said State to Congress, shall never be construed to
authorize the passage of any law, and that no law shall be passed in conformity thereto,
by which any citizen of either of the States of this Union shall be excluded from the
enjoyment of any of the privileges and immunities to which such citizen is entitled
under the constitution of the United States: Provided, That the legislature of the said
State, by a solemn public act, shall declare the assent of said State to the said fundamen-
tal condition, and shall transmit to the President of the United States, on or before the
fourth Monday of November next, an authentic copy of the said act; upon the receipt
whereof, the President, by proclamation, shall announce the fact; whereupon, and with-
out any further proceeding on the part of Congress, the admission of said State into this
Union shall be considered as complete.
Approved, 2d March, 1821.

A SOLEMN PUBLIC ACT

Declaring the assent of this State to “the fundamental condition” contained in a reso-
lution passed by the Congress of the United States, providing for the admission of the
State of Missouri into the Union, on a certain condition.
Whereas, the Senate and House of Representatives of the United States, by their res-
olution, approved on the second day of March, in the year of our Lord eighteen hundred
and twenty-one, did declare that Missouri shall be admitted into this Union upon an
equal footing with the original States, in all respects whatever, upon the fundamental
condition that the fourth clause of the twenty-sixth section of the third article of the con-
stitution, submitted on the part of said State to Congress, shall never be construed to
authorize the passage of any law, and that no law shall be passed in conformity thereto,
by which any citizen of either of the States in this Union shall be excluded from the
enjoyment of any of the privileges and immunities to which such citizen is entitled
under the constitution of the United States: Provided, That the legislature of the said
State, by a solemn public act, shall declare the assent of said State to the said fundamen-
tal condition, and shall transmit to the President of the United States, on or before the
fourth Monday of November next, an authentic copy of the said act, upon the receipt
whereof, the President, by proclamation, shall announce the fact: whereupon, and with-
out any further proceeding on the part of Congress, the admission of said State into this
Union shall be considered as complete. Now, forasmuch as the good people of this State
have, by the most solemn and public act in their power, virtually assented to the said
fundamental condition, when, by their representatives in full and free convention assem-
bled, they adopted the constitution of this State and consented to be incorporated into
the federal Union, and governed by the Constitution of the United States, which, among
other things, provides that the said constitution, and the laws of the United States made
in pursuance thereof, and all treaties made, or which shall be made, under the authority
of the United States, shall be the supreme law of the land, and the judges in every State
shall be bound thereby, any thing in the constitution or law of any State to the contrary
notwithstanding. And although this General Assembly are of opinion that the Congress
of the United States have no constitutional power to annex any condition to the admis-
sion of this State into the federal Union, and that this General Assembly have no power
to change the operation of the constitution of this State, except in the mode prescribed
by the constitution itself: Nevertheless as the Congress of the United States have desired
 A PROCLAMATION 8

this General Assembly to declare the assent of this State to said fundamental condition,
and forasmuch as such declaration will neither restrain or enlarge, limit or extend, the
operation of the constitution of the United States, or of this State; but the said constitu-
tions will remain, in all respects, as if the said resolution had never passed, and the
desired declaration was never made, and because such declaration will not divest any
power, or change the duties of any of the constituted authorities of this State or of the
United States, nor impair the rights of the people of this State, or impose any addition-
al obligation upon them, but may promote an earlier enjoyment of their vested federal
rights, and this State being, moreover, determined to give to her sister States, and to the
world, the most unequivocal proof of her desire to promote the peace and harmony of
the Union; therefore.
Be it enacted and declared by the General Assembly of the State of Missouri, and it
is hereby solemnly and publicly enacted and declared, That this State has assented, and
does assent, that the fourth clause of the twenty-sixth section of the third article of the
constitution of this State, shall never be construed to authorize the passage of any law,
and that no law shall be passed in conformity thereto, by which any citizen of either of
the United States shall be excluded from the enjoyment of any of the privileges and
immunities to which such citizens are entitled under the constitution of the U. States.
Approved, 26th June, 1821.

BY THE PRESIDENT OF THE UNITED STATES.

A PROCLAMATION
Whereas, the Congress of the United States, by a joint resolution of the second day of
March last, entitled “Resolution providing for the admission of the State of Missouri into
the Union on a certain condition,” did determine and declare—“That Missouri should be
admitted into this Union on an equal footing with the original States, in all respects what-
ever, upon the fundamental condition that the fourth clause of the twenty-sixth section of
the third article of the constitution submitted on the part of said State to Congress, shall
never be construed to authorize the passage of any law, and that no law shall be passed in
conformity thereto, by which any citizen of either of the States of this Union shall be
excluded from the enjoyment of any of the privileges and immunities to which such citi-
zen is entitled under the constitution of the United States: Provided, That the legislature
of said State by a solemn public act, shall declare the assent of the said State to the said
fundamental condition, and shall transmit to the President of the United States, on or
before the first Monday in November next, an authentic copy of said act; upon the receipt
whereof, the President, by proclamation, shall announce the fact; whereupon, and with-
out any further proceeding on the part of Congress, the admission of said State into this
Union shall be considered as complete:” And whereas, by a solemn public act of the
Assembly of the State of Missouri, passed on the twenty-sixth of June, in the present year,
entitled “A solemn public act, declaring the assent of this State, to the fundamental con-
dition contained in a resolution passed by the Congress of the United States, providing for
the admission of the State of Missouri into the Union on a certain condition,” an au-
thentic copy whereof has been communicated to me, it is solemnly and publicly enacted
and declared, that that State has assented, and does assent, that the fourth clause of the
twenty-sixth section of the third article of the constitution of said State “shall never be
construed to authorize the passage of any law, and that no law shall be passed in conform-
ity thereto, by which any citizen of either of the United States shall be excluded from the
enjoyment of any of the privileges and immunities to which such citizens are entitled
9 A PROCLAMATION

under the constitution of the United States.” Now, therefore, I, James Monroe, President
of the United States, in pursuance of the resolution of Congress aforesaid, have issued this
my proclamation, announcing the fact, that the said State of Missouri has assented to the
fundamental condition required by the resolution of Congress aforesaid; whereupon the
admission of the said State of Missouri into this Union is declared to be complete.
In testimony whereof, I have caused the seal of the United States of America to be
affixed to these presents, and signed the same with my hand. Done at the City of
Washington, the tenth day [L. S.] of August, 1821, and of the Independence of the said
United States of America the forty-sixth.
By the President: JAMES MONROE
JOHN QUINCY ADAMS, Secretary of State.
 CONSTITUTION OF MISSOURI 10

EDITOR’S NOTE: Footnotes to sections of the Missouri Constitution show the date(s) of any modifica-
tions to the 1945 edition of that document. Sections are shown as “adopted” if composed entirely of new
language; revised sections are listed as “amended”. The footnotes also show the source of Constitutional
language, often carried over from the Constitution of 1875, and may include references to constitution-
al changes prior to 1945. Sections with no footnote contain language from the original 1945 Constitution
that has not been modified since its acceptance.
 1945 CONSTITUTION
(Revised 2005)
of the
STATE OF MISSOURI
______________
PREAMBLE
We, the people of Missouri, with profound reverence for the Supreme Ruler of the
Universe, and grateful for His goodness, do establish this Constitution for the better
government of the state.
Source: Preamble of Const. of 1875.

ARTICLE I
BILL OF RIGHTS
In order to assert our rights, acknowledge our duties, and proclaim the principles
on which our government is founded, we declare:
Source: Bill of Rights, Const. of 1875, Art. II.
SECTION
1. Source of political power—origin, basis and aim of government.
2. Promotion of general welfare—natural rights of persons—equality under the law—purpose of government.
3. Powers of the people over internal affairs, constitution and form of government.
4. Independence of Missouri—submission of certain amendments to Constitution of the United States.
5. Religious freedom—liberty of conscience and belief—limitations.
6. Practice and support of religion not compulsory—contracts therefor enforcible.
7. Public aid for religious purposes—preferences and discriminations on religious grounds.
8. Freedom of speech—evidence of truth in defamation actions—province of jury.
9. Rights of peaceable assembly and petition.
10. Due process of law.
11. Imprisonment for debt.
12. Habeas corpus.
13. Ex post facto laws—impairment of contracts—irrevocable privileges.
14. Open courts—certain remedies—justice without sale, denial or delay.
15. Unreasonable search and seizure prohibited—contents and basis of warrants.
16. Grand juries—composition—jurisdiction to convene—powers.
17. Indictments and informations in criminal cases—exceptions.
18(a). Rights of accused in criminal prosecutions.
18(b). Depositions in felony cases.
19. Self-incrimination and double jeopardy.
20. Bail guaranteed—exceptions.
21. Excessive bail and fines—cruel and unusual punishment.
22(a). Right of trial by jury—qualification of jurors—two-thirds verdict.
22(b). Female jurors—optional exemption.
23. Right to keep and bear arms—exception.
24. Subordination of military to civil power—quartering soldiers.
25. Elections and right of suffrage.
26. Compensation for property taken by eminent domain—condemnation juries—payment—railroad property.
27. Acquisition of excess property by eminent domain—disposition under restrictions.
28. Limitation on taking of private property for private use—exceptions—public use a judicial question.
29. Organized labor and collective bargaining.
30. Treason—attainder—corruption of blood and forfeitures—estate of suicides—death by casualty.
31. Fines or imprisonments fixed by administrative agencies.
32. Crime victims’ rights.
33. Marriage, validity and recognition.

11
Art. I § 1 CONSTITUTION OF MISSOURI 12

Section 1. Source of political power—origin, basis and aim of government.—

That all political power is vested in and derived from the people; that all government
of right originates from the people, is founded upon their will only, and is instituted
solely for the good of the whole.
Source: Const. of 1875, Art. II, Sec. 1.

Section 2. Promotion of general welfare—natural rights of persons—equality

under the law—purpose of government.—That all constitutional government is
intended to promote the general welfare of the people; that all persons have a natural
right to life, liberty, the pursuit of happiness and the enjoyment of the gains of their
own industry; that all persons are created equal and are entitled to equal rights and
opportunity under the law; that to give security to these things is the principal office of
government, and that when government does not confer this security, it fails in its chief
design.
Source: Const. of 1875, Art. II, Sec. 4.

Section 3. Powers of the people over internal affairs, constitution and form of
government.—That the people of this state have the inherent, sole and exclusive right
to regulate the internal government and police thereof, and to alter and abolish their
constitution and form of government whenever they may deem it necessary to their
safety and happiness, provided such change be not repugnant to the Constitution of the
United States.
Source: Const. of 1875, Art. II, Sec. 2.

Section 4. Independence of Missouri—submission of certain amendments to

Constitution of the United States.—That Missouri is a free and independent state,
subject only to the Constitution of the United States; that all proposed amendments to
the Constitution of the United States qualifying or affecting the individual liberties of
the people or which in any wise may impair the right of local self-government belong-
ing to the people of this state, should be submitted to conventions of the people.
Source: Const. of 1875, Art. II, Sec. 3.

Section 5. Religious freedom—liberty of conscience and belief—limitations.—

That all men have a natural and indefeasible right to worship Almighty God according
to the dictates of their own consciences; that no human authority can control or inter-
fere with the rights of conscience; that no person shall, on account of his religious per-
suasion or belief, be rendered ineligible to any public office or trust or profit in this
state, be disqualified from testifying or serving as a juror, or be molested in his person
or estate; but this section shall not be construed to excuse acts of licentiousness, nor to
justify practices inconsistent with the good order, peace or safety of the state, or with
the rights of others.
Source: Const. of 1875, Art. II, Sec. 5.

Section 6. Practice and support of religion not compulsory—contracts therefor

enforcible.—That no person can be compelled to erect, support or attend any place or
system of worship, or to maintain or support any priest, minister, preacher or teacher
of any sect, church, creed or denomination of religion; but if any person shall voluntar-
ily make a contract for any such object, he shall be held to the performance of the same.
Source: Const. of 1875, Art. II, Sec. 6.

Section 7. Public aid for religious purposes—preferences and discriminations

on religious grounds.—That no money shall ever be taken from the public treasury,
directly or indirectly, in aid of any church, sect or denomination of religion, or in aid
13 BILL OF RIGHTS Art. I § 16

of any priest, preacher, minister or teacher thereof, as such; and that no preference shall
be given to nor any discrimination made against any church, sect or creed of religion,
or any form of religious faith or worship.
Source: Const. of 1875, Art. II, Sec. 7.

Section 8. Freedom of speech—evidence of truth in defamation actions—

province of jury.—That no law shall be passed impairing the freedom of speech, no
matter by what means communicated: that every person shall be free to say, write or
publish, or otherwise communicate whatever he will on any subject, being responsible
for all abuses of that liberty; and that in all suits and prosecutions for libel or slander
the truth thereof may be given in evidence; and in suits and prosecutions for libel the
jury, under the direction of the court, shall determine the law and the facts.
Source: Const. of 1875, Art. II, Sec. 14.

Section 9. Rights of peaceable assembly and petition.—That the people have the
right peaceably to assemble for their common good, and to apply to those invested with
the powers of government for redress of grievances by petition or remonstrance.
Source: Const. of 1875, Art. II, Sec. 29.

Section 10. Due process of law.—That no person shall be deprived of life, liberty
or property without due process of law.
Source: Const. of 1875, Art. II, Sec. 30.

Section 11. Imprisonment for debt.—That no person shall be imprisoned for debt,
except for nonpayment of fines and penalties imposed by law.
Source: Const. of 1875, Art. II, Sec. 16.

Section 12. Habeas corpus.—That the privilege of the writ of habeas corpus shall
never be suspended.
Source: Const. of 1875, Art. II, Sec. 26.

Section 13. Ex post facto laws—impairment of contracts—irrevocable privi-

leges.—That no ex post facto law, nor law impairing the obligation of contracts, or ret-
rospective in its operation, or making any irrevocable grant of special privileges or
immunities, can be enacted.
Source: Const. of 1875, Art. II, Sec. 15.

Section 14. Open courts—certain remedies—justice without sale, denial or

delay.—That the courts of justice shall be open to every person, and certain remedy
afforded for every injury to person, property or character, and that right and justice
shall be administered without sale, denial or delay.
Source: Const. of 1875, Art. II, Sec. 10.

Section 15. Unreasonable search and seizure prohibited—contents and basis of

warrants.—That the people shall be secure in their persons, papers, homes and effects,
from unreasonable searches and seizures; and no warrant to search any place, or seize
any person or thing, shall issue without describing the place to be searched, or the per-
son or thing to be seized, as nearly as may be; nor without probable cause, supported
by written oath or affirmation.
Source: Const. of 1875, Art. II, Sec. 11.

Section 16. Grand juries—composition—jurisdiction to convene—powers.—

That a grand jury shall consist of twelve citizens, any nine of whom concurring may
find an indictment or a true bill: Provided, that no grand jury shall be convened except
Art. I § 17 CONSTITUTION OF MISSOURI 14

upon an order of a judge of a court having the power to try and determine felonies; but
when so assembled such grand jury shall have power to investigate and return indict-
ments for all character and grades of crime; and that the power of grand juries to
inquire into the willful misconduct in office of public officers, and to find indictments
in connection therewith, shall never be suspended.
Source: Const. of 1875, Art. II, Sec. 28 (as amended November 6, 1900).

Section 17. Indictments and informations in criminal cases—exceptions.—That

no person shall be prosecuted criminally for felony or misdemeanor otherwise than by
indictment or information, which shall be concurrent remedies, but this shall not be
applied to cases arising in the land or naval forces or in the militia when in actual serv-
ice in time of war or public danger, nor to prevent arrests and preliminary examination
in any criminal case.
Source: Const. of 1875, Art. II, Sec. 12 (as amended November 6, 1900), Sch. of 1875 and Sec. 17.

Section 18(a). Rights of accused in criminal prosecutions.—That in criminal

prosecutions the accused shall have the right to appear and defend, in person and by
counsel; to demand the nature and cause of the accusation; to meet the witnesses
against him face to face; to have process to compel the attendance of witnesses in his
behalf; and a speedy public trial by an impartial jury of the county.
Source: Const. of 1875, Art. II, Sec. 22.

Section 18(b). Depositions in felony cases.—Upon a hearing and finding by the

circuit court in any case wherein the accused is charged with a felony, that it is neces-
sary to take the deposition of any witness within the state, other than defendant and
spouse, in order to preserve the testimony, and on condition that the court make such
orders as will fully protect the rights of personal confrontation and cross-examination
of the witness by defendant, the state may take the deposition of such witness and
either party may use the same at the trial, as in civil cases, provided there has been sub-
stantial compliance with such orders. The reasonable personal and traveling expenses
of defendant and his counsel shall be paid by the state or county as provided by law.
Source: Const. of 1945.

Section 19. Self-incrimination and double jeopardy.—That no person shall be

compelled to testify against himself in a criminal cause, nor shall any person be put
again in jeopardy of life or liberty for the same offense, after being once acquitted by
a jury; but if the jury fail to render a verdict the court may, in its discretion, discharge
the jury and commit or bail the prisoner for trial at the same or next term of court; and
if judgment be arrested after a verdict of guilty on a defective indictment or informa-
tion, or if judgment on a verdict of guilty be reversed for error in law, the prisoner may
be tried anew on a proper indictment or information, or according to the law.
Source: Const. of 1875, Art. II, Sec. 23.

Section 20. Bail guaranteed—exceptions.—That all persons shall be bailable by

sufficient sureties, except for capital offenses, when the proof is evident or the pre-
sumption great.
Source: Const. of 1875, Art. II, Sec. 24.

Section 21. Excessive bail and fines—cruel and unusual punishment.—That

excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusu-
al punishment inflicted.
Source: Const. of 1875, Art. II, Sec. 25.
15 BILL OF RIGHTS Art. I § 27

Section 22(a). Right of trial by jury—qualification of jurors—two-thirds ver-

dict.—That the right of trial by jury as heretofore enjoyed shall remain inviolate; pro-
vided that a jury for the trial of criminal and civil cases in courts not of record may con-
sist of less than twelve citizens as may be prescribed by law, and a two-thirds majori-
ty of such number concurring may render a verdict in all civil cases; that in all civil
cases in courts of record, three-fourths of the members of the jury concurring may ren-
der a verdict; and that in every criminal case any defendant may, with the assent of the
court, waive a jury trial and submit the trial of such case to the court, whose finding
shall have the force and effect of a verdict of a jury.
Source: Const. of 1875, Art. II, Sec. 28 (as amended November 6, 1900).

Section 22(b). Female jurors—optional exemption.—No citizen shall be disqual-

ified from jury service because of sex, but the court shall excuse any woman who
requests exemption therefrom before being sworn as a juror.
Section 23. Right to keep and bear arms—exception.—That the right of every
citizen to keep and bear arms in defense of his home, person and property, or when law-
fully summoned in aid of the civil power, shall not be questioned; but this shall not jus-
tify the wearing of concealed weapons.
Source: Const. of 1875, Art. II, Sec. 17.

Section 24. Subordination of military to civil power—quartering soldiers.—

That the military shall be always in strict subordination to the civil power; that no sol-
dier shall be quartered in any house without the consent of the owner in time of peace,
nor in time of war, except as prescribed by law.
Source: Const. of 1875, Art. II, Sec. 27.

Section 25. Elections and right of suffrage.—That all elections shall be free and
open; and no power, civil or military, shall at any time interfere to prevent the free exer-
cise of the right of suffrage.
Source: Const. of 1875, Art. II, Sec. 9.

Section 26. Compensation for property taken by eminent domain—condemna-

tion juries—payment—railroad property.—That private property shall not be taken
or damaged for public use without just compensation. Such compensation shall be
ascertained by a jury or board of commissioners of not less than three freeholders, in
such manner as may be provided by law; and until the same shall be paid to the owner,
or into court for the owner, the property shall not be disturbed or the proprietary rights
of the owner therein divested. The fee of land taken for railroad purposes without con-
sent of the owner thereof shall remain in such owner subject to the use for which it is
taken.
Source: Const. of 1875, Art. II, Sec. 21.

Section 27. Acquisition of excess property by eminent domain—disposition

under restrictions.—That in such manner and under such limitations as may be pro-
vided by law, the state, or any county or city may acquire by eminent domain such
property, or rights in property, in excess of that actually to be occupied by the public
improvement or used in connection therewith, as may be reasonably necessary to effec-
tuate the purposes intended, and may be vested with the fee simple title thereto, or the
control of the use thereof, and may sell such excess property with such restrictions as
shall be appropriate to preserve the improvements made.
Art. I § 28 CONSTITUTION OF MISSOURI 16

Section 28. Limitation on taking of private property for private use—excep-

tions—public use a judicial question.—That private property shall not be taken for
private use with or without compensation, unless by consent of the owner, except for
private ways of necessity, and except for drains and ditches across the lands of others
for agricultural and sanitary purposes, in the manner prescribed by law; and that when
an attempt is made to take private property for a use alleged to be public, the question
whether the contemplated use be public shall be judicially determined without regard
to any legislative declaration that the use is public.
Source: Const. of 1875, Art. II, Sec. 20.

Section 29. Organized labor and collective bargaining.—That employees shall

have the right to organize and to bargain collectively through representatives of their
own choosing.
Section 30. Treason—attainder—corruption of blood and forfeitures—estate of
suicides—death by casualty.—That treason against the state can consist only in levy-
ing war against it, or in adhering to its enemies, giving them aid and comfort; that no
person can be convicted of treason, unless on the testimony of two witnesses to the
same overt act, or on his confession in open court; that no person can be attainted of
treason or felony by the general assembly; that no conviction can work corruption of
blood or forfeiture of estate; that the estates of such persons as may destroy their own
lives shall descend or vest as in cases of natural death; and when any person shall be
killed by casualty, there shall be no forfeiture by reason thereof.
Source: Const. of 1875, Art. II, Sec. 13.

Section 31. Fines or imprisonments fixed by administrative agencies.—That no

law shall delegate to any commission, bureau, board or other administrative agency
authority to make any rule fixing a fine or imprisonment as punishment for its viola-
tion.
Section 32. Crime victims’ rights.—1. Crime victims, as defined by law, shall have
the following rights, as defined by law:
(1) The right to be present at all criminal justice proceedings at which the defendant
has such right, including juvenile proceedings where the offense would have been a
felony if committed by an adult;
(2) Upon request of the victim, the right to be informed of and heard at guilty pleas,
bail hearings, sentencings, probation revocation hearings, and parole hearings, unless
in the determination of the court the interests of justice require otherwise;
(3) The right to be informed of trials and preliminary hearings;
(4) The right to restitution, which shall be enforceable in the same manner as any
other civil cause of action, or as otherwise provided by law;
(5) The right to the speedy disposition and appellate review of their cases, provided
that nothing in this subdivision shall prevent the defendant from having sufficient time
to prepare his defense;
(6) The right to reasonable protection from the defendant or any person acting on
behalf of the defendant;
(7) The right to information concerning the escape of an accused from custody or
confinement, the defendant’s release and scheduling of the defendant’s release from
incarceration; and
(8) The right to information about how the criminal justice system works, the rights
and the availability of services, and upon request of the victim the right to information
about the crime.
17 LEGISLATIVE DEPARTMENT Art. III

2. Notwithstanding section 20 of article I of this Constitution, upon a showing that

the defendant poses a danger to a crime victim, the community, or any other person,
the court may deny bail or may impose special conditions which the defendant and
surety must guarantee.
3. Nothing in this section shall be construed as creating a cause of action for money
damages against the state, a county, a municipality, or any of the agencies, instrumen-
talities, or employees provided that the General Assembly may, by statutory enactment,
reverse, modify, or supercede any judicial decision or rule arising from any cause of
action brought pursuant to this section.
4. Nothing in this section shall be construed to authorize a court to set aside or to
void a finding of guilt, or an acceptance of a plea of guilty in any criminal case.
5. The general assembly shall have power to enforce this section by appropriate leg-
islation.
(Adopted November 3, 1992)

Section 33. Marriage, validity and recognition.—That to be valid and recognized

in this state, a marriage shall exist only between a man and a woman.
(Adopted August 3, 2004)

ARTICLE II
THE DISTRIBUTION OF POWERS
SECTION
1. Three departments of government—separation of powers.

Section 1. Three departments of government—separation of powers.—The

powers of government shall be divided into three distinct departments—the legislative,
executive and judicial—each of which shall be confided to a separate magistracy, and
no person, or collection of persons, charged with the exercise of powers properly
belonging to one of those departments, shall exercise any power properly belonging to
either of the others, except in the instances in this constitution expressly directed or
permitted.
Source: Const. of 1875, Art. III.

ARTICLE III
LEGISLATIVE DEPARTMENT
SECTION
1. Legislative power—general assembly.
2. Election of representatives—apportionment commission, appointment, duties, compensation.
3. (Repealed November 2, 1982, L. 1982 SJR 39, §1 2nd Reg. Sess.)
4. Qualifications of representatives.
5. Senators—number—senatorial districts.
6. Qualifications of senators.
7. Senatorial apportionment commission—number, appointment, duties, compensation.
8. Term limitations for members of general assembly.
9. Apportionment of representatives.
10. Basis of apportionment—alteration of districts.
11. Time of election of senators and representatives.
12. Members of general assembly disqualified from holding other offices.
13. Vacation of office by removal of residence.
14. Writs of election to fill vacancies.
15. Oath of office of members of assembly—administration—effect of refusal to take oath and conviction of violation.
Art. III CONSTITUTION OF MISSOURI 18
SECTION
16. Compensation, mileage allowance and expenses of general assembly members.
17. Limitation on number of legislative employees.
18. Appointment of officers of houses—jurisdiction to determine membership—power to make rules, punish for con-
tempt and disorderly conduct and expel members.
19. Legislative privileges.
20. Regular sessions of assembly—quorum—compulsory attendance—public sessions—limitation on power to adjourn.
20(a). Automatic adjournment—tabling of bills, when.
20(b). Special session, procedure to convene—limitations—automatic adjournment.

LEGISLATIVE PROCEEDINGS
21. Style of laws—bills—limitation on amendments—power of each house to originate and amend bills—reading of bills.
22. Referral of bills to committees—recall of referred bills—records of committees—provision for interim meetings.
23. Limitation of scope of bills—contents of titles—exceptions.
24. Printing of bills and amendments.
25. Limitation on introduction of bills.
26. Legislative journals—demand for yeas and nays—manner and record of vote.
27. Concurrence in amendments—adoption of conference committee reports—final passage of bills.
28. Form of reviving, reenacting and amending bills.
29. Effective date of laws—exceptions—procedure in emergencies and upon recess.
30. Signing of bills by presiding officers—procedure on objections—presentation of bills to governor.
31. Governor’s duty as to bills and joint resolutions—time limitations—failure to return, bill becomes law.
32. Vetoed bills reconsidered, when.
33. (Repealed August 5, 1986, L. 1986 HCS HJR 4 and 20, §1, 1st Reg. Sess.)
34. Revision of general statutes—limitation on compensation.
35. Committee on legislative research.

LIMITATION OF LEGISLATIVE POWER

36. Payment of state revenues and receipts to treasury—limitation of withdrawals to appropriations—order of appro-
priations.
37. Limitation on state debts and bond issues.
37(a). State building bond issue authorized—interest rate—payment from income tax and other funds.
37(b). Water pollution control fund established—bonds authorized—funds to stand appropriated.
37(c). Additional water pollution control bonds authorized—procedure.
37(d). Third state building bond issue authorized—procedures—use of funds.
37(e). Water pollution control, improvement of drinking water systems and storm water control—bonds authorized, procedure.
37(f). Fourth state building bond and interest fund created—bond issue authorized, procedure—use of funds.
37(g). Rural water and sewer grants and loans—bonds authorized, procedure.
37(h). Stormwater control—bonds authorized, procedure.
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.
38(b). Tax levy for blind pension fund.
38(c). Neighborhood improvement districts, cities and counties may be authorized to establish, powers and duties—limi-
tation on indebtedness.
39. Limitation of power of general assembly.
39(a). Bingo may be authorized—requirements.

STATE LOTTERY
39(b). State lottery, authority to establish—lottery proceeds fund established, purpose.
39(c). Pari-mutuel wagering may be authorized by general assembly—horse racing commission established, election pro-
cedure to adopt or reject horse racing.
39(d). Gaming revenues to be appropriated to public institutions of elementary, secondary and higher education.
39(e). Riverboat gambling authorized on Missouri and Mississippi rivers—boats in moats authorized.
39(f). Raffles and sweepstakes authorized.
40. Limitations on passage of local and special laws.
41. Indirect enactment of local and special laws—repeal of local and special laws.
42. Notice of proposed local or special laws.
43. Title and control of lands of United States—exemption from taxation—taxation of lands of nonresidents.
44. Uniform interest rates.
45. Congressional apportionment.
45(a). Term limitations for members of U.S. Congress—effective when—voluntary observance required, when.
46. Militia.
46(a). Emergency duties and powers of assembly on enemy attack.
19 LEGISLATIVE DEPARTMENT Art. III § 2
SECTION
47. State parks—appropriations for, required.
48. Historical memorials and monuments—acquisition of property.

INITIATIVE AND REFERENDUM

49. Reservation of power to enact and reject laws.
50. Initiative petitions—signatures required—form and procedure.
51. Appropriations by initiative—effective date of initiated laws—conflicting laws concurrently adopted.
52(a). Referendum—exceptions—procedure.
52(b). Veto power—elections—effective date.
53. Basis for computation of signatures required.

LEGISLATIVE DEPARTMENT
Section 1. Legislative power—general assembly.—The legislative power shall be
vested in a senate and house of representatives to be styled “The General Assembly of
the State of Missouri.”
Source: Const. of 1875, Art. IV, Sec. 1.

Section 2. Election of representatives—apportionment commission, appoint-

ment, duties, compensation.—The house of representatives shall consist of one hun-
dred sixty-three members elected at each general election and apportioned in the fol-
lowing manner: Within sixty days after the population of this state is reported to the
President for each decennial census of the United States and, in the event that a reap-
portionment has been invalidated by a court of competent jurisdiction, within sixty
days after notification by the governor that such a ruling has been made, the congres-
sional district committee of each of the two parties casting the highest vote for gover-
nor at the last preceding election shall meet and the members of the committee shall
nominate, by a majority vote of the members of the committee present, provided that a
majority of the elected members is present, two members of their party, residents in
that district, as nominees for reapportionment commissioners. Neither party shall select
more than one nominee from any one state legislative district. The congressional com-
mittees shall each submit to the governor their list of elected nominees. Within thirty
days the governor shall appoint a commission consisting of one name from each list to
reapportion the state into one hundred and sixty-three representative districts and to
establish the numbers and boundaries of said districts.
If any of the congressional committees fails to submit a list within such time the
governor shall appoint a member of his own choice from that district and from the
political party of the committee failing to make the appointment.
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 commis-
sion of its final statement of apportionment.
For the purposes of this article, the term congressional district committee or con-
gressional district refers to the congressional district committee or the congressional
district from which a congressman was last elected, or, in the event members of con-
gress from this state have been elected at large, the term congressional district commit-
tee 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.
Art. III § 3 CONSTITUTION OF MISSOURI 20

The commissioners so selected shall on the fifteenth day, excluding Sundays and
holidays, after all members have been selected, meet in the capitol building and pro-
ceed to organize by electing from their number a chairman, vice chairman and secre-
tary and shall adopt an agenda establishing at least three hearing dates on which hear-
ings open to the public shall be held. 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.
The commission shall reapportion the representatives by dividing the population of
the state by the number one hundred sixty-three and shall establish each district so that
the population of that district shall, as nearly as possible, equal that figure.
Each district shall be composed of contiguous territory as compact as may be.
Not later than five months after the appointment of the commission, the commission
shall file with the secretary of state a tentative plan of apportionment 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.
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.
After the statement is filed members of the house of representatives shall be elect-
ed according to such districts until a reapportionment is made as herein provided,
except that if the statement is not filed within six months of the time fixed for the
appointment of the commission, it shall stand discharged and the house of representa-
tives shall be apportioned 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 apportionment plan and map with the secretary
of state within ninety days of the date of the discharge of the apportionment commis-
sion. Thereafter members of the house of representatives shall be elected according to
such districts until a reapportionment is made as herein provided.
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 actual and necessary expenses incurred while
serving as a member of the commission.
No reapportionment shall be subject to the referendum.
(Amended January 14, 1966) (Amended November 2, 1982)

Section 3. (Repealed November 2, 1982, L. 1982 SJR 39, §1 2nd Reg. Sess.)
Section 4. Qualifications of representatives.—Each representative shall be twen-
ty-four years of age, and next before the day of his election shall have been a qualified
voter for two years and a resident of the county or district which he is chosen to repre-
sent for one year, if such county or district shall have been so long established, and if
not, then of the county or district from which the same shall have been taken.
Source: Const. of 1875, Art. IV, Sec. 4.

Section 5. Senators—number—senatorial districts.—The Senate shall consist of

thirty-four members elected by the qualified voters of the respective districts for four
years. For the election of senators, the state shall be divided into convenient districts of
contiguous territory, as compact and nearly equal in population as may be.
Source: Const. of 1875, Art. IV, Secs. 5, 9. (Amended January 14, 1966)
21 LEGISLATIVE DEPARTMENT Art. III § 7

Section 6. Qualifications of senators.—Each senator shall be thirty years of age,

and next before the day of his election shall have been a qualified voter of the state for
three years and a resident of the district which he is chosen to represent for one year,
if such district shall have been so long established, and if not, then of the district or dis-
tricts from which the same shall have been taken.
Source: Const. of 1875, Art. IV, Sec. 6.

Section 7. Senatorial apportionment commission—number, appointment,

duties, compensation.—Within sixty days after the population of this state is report-
ed to the President for each decennial census of the United States, and within sixty days
after notification by the governor that a reapportionment has been invalidated by a
court of competent jurisdiction, the state committee of each of the two political parties
casting the highest vote for governor at the last preceding election shall, at a commit-
tee meeting duly called, select by a vote of the individual committee members, and
thereafter submit to the governor a list of ten persons, and within thirty days thereafter
the governor shall appoint a commission of ten members, five from each list, to reap-
portion the thirty-four senatorial districts and to establish the numbers and boundaries
of said districts.
If either of the party committees fails to submit a list within such time the governor
shall appoint five members of his own choice from the party of the committee so fail-
ing to act.
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 commis-
sion of its final statement of apportionment.
The commissioners so selected shall on the fifteenth day, excluding Sundays and
holidays, after all members have been selected, meet in the capitol building and pro-
ceed to organize by electing from their number a chairman, vice chairman and secre-
tary and shall adopt an agenda establishing at least three hearing dates on which hear-
ings open to the public shall be held. A copy of the agenda shall be filed with the sec-
retary of the senate within twenty-four hours after its adoption. Executive meetings
may be scheduled and held as often as the commission deems advisable.
The commission shall reapportion the senatorial districts by dividing the population
of the state by the number thirty-four and shall establish each district so that the popu-
lation of that district shall, as nearly as possible, equal that figure; no county lines shall
be crossed except when necessary to add sufficient population to a multi-district coun-
ty or city to complete only one district which lies partly within such multi-district coun-
ty or city so as to be as nearly equal as practicable in population. Any county with a
population in excess of the quotient obtained by dividing the population of the state by
the number thirty-four is hereby declared to be a multi-district county.
Not later than five months after the appointment of the commission, the commission
shall file with the secretary of state a tentative plan of apportionment 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.
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 members.
After the statement is filed senators shall be elected according to such districts until
a reapportionment is made as herein provided, except that if the statement is not filed
within six months of the time fixed for the appointment of the commission, it shall
Art. III § 8 CONSTITUTION OF MISSOURI 22

stand discharged and the senate shall be apportioned 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 apportionment plan and
map with the secretary of state within ninety days of the date of the discharge of the
apportionment commission. Thereafter senators shall be elected according to such dis-
tricts until a reapportionment is made as herein provided.
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 actual and necessary expenses incurred while
serving as a member of the commission.
No reapportionment shall be subject to the referendum.
(Amended January 14, 1966) (Amended November 2, 1982)

Section 8. Term limitations for members of General Assembly.—No one shall be

elected to serve more than eight years total in any one house of the General Assembly
nor more than sixteen years total in both houses of the General Assembly. In applying
this section, service in the General Assembly resulting from an election prior to
December 3, 1992, or service of less than one year, in the case of a member of the
house of representatives, or two years, in the case of a member of the senate, by a per-
son elected after the effective date of this section to complete the term of another per-
son, shall not be counted.
(Adopted November 3, 1992) (Amended November 5, 2002)

Section 9. Apportionment of representatives.—Until the convening of the Sev-

enty-fourth General Assembly the House of Representatives shall consist of one hun-
dred sixty-three members elected from the one hundred sixty-three representative dis-
tricts, as they existed January 1, 1965.
(Amended January 14, 1966)

Section 10. Basis of apportionment—alteration of districts.—The last decennial

census of the United States shall be used in apportioning representatives and determin-
ing the population of senatorial and representative districts. Such districts may be
altered from time to time as public convenience may require.
Source: Const. of 1875, Art. IV, Secs. 2, 5, 7, 9.

Section 11. Time of election of senators and representatives.—The first election

of senators and representatives under this constitution, shall be held at the general elec-
tion in the year one thousand nine hundred and forty-six when the whole number of
representatives and the senators from the districts having even numbers, who shall
compose the first class, shall be elected, and two years thereafter the whole number of
representatives and the senators from districts having odd numbers, who shall compose
the second class, shall be elected, and so on at each succeeding general election.
Source: Const. of 1875, Art. IV, Sec. 10.

Section 12. Members of general assembly disqualified from holding other

offices.—No person holding any lucrative office or employment under the United
States, this state or any municipality thereof shall hold the office of senator or repre-
sentative. When any senator or representative accepts any office or employment under
the United States, this state or any municipality thereof, his office shall thereby be
vacated and he shall thereafter perform no duty and receive no salary as senator or rep-
resentative. During the term for which he was elected no senator or representative shall
accept any appointive office or employment under this state which is created or the
23 LEGISLATIVE DEPARTMENT Art. III § 16

emoluments of which are increased during such term. This section shall not apply to
members of the organized militia, of the reserve corps and of school boards, and
notaries public.
Source: Const. of 1875, Art. IV, Sec. 12.

Section 13. Vacation of office by removal of residence.—If any senator or repre-

sentative remove his residence from the district or county for which he was elected, his
office shall thereby be vacated.
Source: Const. of 1875, Art. IV, Sec. 13.

Section 14. Writs of election to fill vacancies.—Writs of election to fill vacancies

in either house of the general assembly shall be issued by the governor.
Source: Const. of 1875, Art. IV, Sec. 14.

Section 15. Oath of office of members of assembly—administration—effect of

refusal to take oath and conviction of violation.—Every senator or representative
elect, before entering upon the duties of his office, shall take and subscribe the follow-
ing oath or affirmation: “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 presid-
ing 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 affir-
mation shall be deemed guilty of perjury, and be forever disqualified from holding any
office of trust or profit in this state.
Source: Const. of 1875, Art. IV, Sec. 15.

Section 16. Compensation, mileage allowance and expenses of general assem-

bly members.—Senators and representatives shall receive from the state treasury as
salary such sums as are provided by law. No law fixing the compensation of members
of the general assembly shall become effective until the first day of the regular session
of the general assembly next following the session at which the law was enacted. 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 audit and the state treasurer shall pay such compensation without
legislative enactment. Until otherwise provided by law senators and representatives
shall receive one dollar for every ten miles traveled in going to and returning from their
place of meeting while the legislature is in session, on the most usual route.
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 attend-
ing 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 sen-
ate and by the speaker and chief clerk of the house of representatives as to the respec-
tive members thereof, the state comptroller shall approve and the state treasurer shall
pay monthly such expense allowance without legislative enactment.
Source: Const. of 1875, Art. IV, Sec. 16 (as amended November 3, 1942). (Amended November 3, 1970)
Art. III § 17 CONSTITUTION OF MISSOURI 24

Section 17. Limitation on number of legislative employees.—Until otherwise

provided by law, the house of representatives shall not employ more than one hundred
twenty-five and the senate shall not employ more than seventy-five employees elective,
appointive or any other at any time during any session.
Source: Const. of 1875, Art. IV, Sec. 16a (adopted November 8, 1932). (Amended November 3, 1970)

Section 18. Appointment of officers of houses—jurisdiction to determine mem-

bership—power to make rules, punish for contempt and disorderly conduct and
expel members.—Each house shall appoint its own officers; shall be sole judge of the
qualifications, election and returns of its own members; may determine the rules of its
own proceedings, except as herein provided; may arrest and punish by fine not exceed-
ing three hundred dollars, or imprisonment in a county jail not exceeding ten days, or
both, any person not a member, who shall be guilty of disrespect to the house by any
disorderly or contemptuous behavior in its presence during its sessions; may punish its
members for disorderly conduct; and, with the concurrence of two-thirds of all mem-
bers elect, may expel a member; but no member shall be expelled a second time for the
same cause.
Source: Const. of 1875, Art. IV, Sec. 17.

Section 19. Legislative privileges.—Senators and representatives shall, in all cases

except treason, felony, or breach of the peace, be privileged from arrest during the ses-
sion of the general assembly, and for the fifteen days next before the commencement
and after the termination of each session; and they shall not be questioned for any
speech or debate in either house in any other place.
Source: Const. of 1875, Art. IV, Sec. 12.

Section 20. Regular sessions of assembly—quorum—compulsory attendance—

public sessions—limitation on power to adjourn.—The general assembly shall meet
on the first Wednesday after the first Monday in January following each general elec-
tion. The general assembly may provide by law for the introduction of bills during the
period between the first day of December and the first Wednesday after the first
Monday of January.
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 busi-
ness, but a smaller number may adjourn from day to day, and may compel the atten-
dance 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 con-
firmations. 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.
Source: Const. of 1875, Art. IV, Secs. 18, 19, 20, 23. (Amended November 3, 1970) (Amended November 8, 1988)

Section 20(a). Automatic adjournment—tabling of bills, when.—The general

assembly shall adjourn at midnight on May thirtieth until the first Wednesday after the
first Monday of January of the following year, unless it has adjourned prior thereto. All
bills in either house remaining on the calendar after 6:00 p.m. on the first Friday fol-
lowing the second Monday in May are tabled. The period between the first Friday fol-
lowing the second Monday in May and May thirtieth shall be devoted to the enrolling,
engrossing, and the signing in open session by officers of the respective houses of bills
passed prior to 6:00 p.m. on the first Friday following the second Monday in May.
25 LEGISLATIVE DEPARTMENT Art. III § 23

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.
(Adopted November 4, 1952) (Amended November 8, 1960) (Amended November 3, 1970) (Amended November 8, 1988)

Section 20(b). Special session, procedure to convene—limitations—automatic

adjournment.—Upon the filing with the secretary of state of a petition stating the pur-
pose for which the session is to be called and signed by three-fourths of the members
of the senate and three-fourths of the members of the house of representatives, the pres-
ident pro tem of the senate and the speaker of the house shall by joint proclamation
convene the general assembly in special session. The proclamation shall state specifi-
cally each matter contained in the petition on which action is deemed necessary. No
appropriation bill shall be considered in a special session convened pursuant to this sec-
tion if in that year the general assembly has not passed the operating budget in compli-
ance with Section 25 of this article.
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.
(Adopted November 8, 1988)

LEGISLATIVE PROCEEDINGS
Section 21. Style of laws—bills—limitation on amendments—power of each
house to originate and amend bills—reading of bills.—The style of the laws of this
state shall be: “Be it enacted by the General Assembly of the State of Missouri, as fol-
lows.” No law shall be passed except by bill, and no bill shall be so amended in its pas-
sage through either house as to change its original purpose. Bills may originate in
either house and may be amended or rejected by the other. Every bill shall be read by
title on three different days in each house.
Source: Const. of 1875, Art. IV, Secs. 24, 25, 26.

Section 22. Referral of bills to committees—recall of referred bills—records of

committees—provision for interim meetings.—Every bill shall be referred to a com-
mittee of the house in which it is pending.
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 leg-
islative 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.
(Amended November 3, 1970) (Amended November 8, 1988)

Section 23. Limitation of scope of bills—contents of titles—exceptions.—No bill

shall contain more than one subject which shall be clearly expressed in its title, except bills
enacted under the third exception in section 37 of this article and general appropriation bills,
which may embrace the various subjects and accounts for which moneys are appropriated.
Source: Const. of 1875, Art. IV, Sec. 28.
Art. III § 24 CONSTITUTION OF MISSOURI 26

Section 24. Printing of bills and amendments.—No bill shall be considered for
final passage in either house until it, with all amendments thereto, has been printed and
copies distributed among the members. If a bill passed by either house be returned
thereto, amended by the other, the house to which the same is returned shall cause the
amendment or amendments so received to be printed and copies distributed among the
members before final action on such amendments.
Source: Const. of 1875, Art. IV, Secs. 27, 30.

Section 25. Limitation on introduction of bills.—No bill other than an ap-

propriation bill shall be introduced in either house after the sixtieth legislative day
unless consented to by a majority of the elected members of each house or the gover-
nor shall request a consideration of the proposed legislation by a special message. No
appropriation bill shall be taken up for consideration after 6:00 p.m. on the first Friday
following the first Monday in May of each year.
(Amended November 3, 1970) (Amended November 8, 1988)

Section 26. Legislative journals—demand for yeas and nays—manner and

record of vote.—Each house shall publish a journal of its proceedings. The yeas and
nays on any question shall be taken and entered on the journal on the motion of any
five members. Whenever the yeas and nays are demanded, or required by this constitu-
tion, the whole list of members shall be called and the names of the members voting
yea and nay and the absentees shall be entered in the journal.
Source: Const. of 1875, Art. IV, Sec. 42.

Section 27. Concurrence in amendments—adoption of conference committee

reports—final passage of bills.—No amendments to bills by one house shall be con-
curred in by the other, nor shall reports of committees of conference be adopted in
either house, nor shall a bill be finally passed, unless a vote by yeas and nays be taken
and a majority of the members elected to each house be recorded as voting favorably.
Source: Const. of 1875, Art. IV, Secs. 31, 32.

Section 28. Form of reviving, reenacting and amending bills.—No act shall be
revived or reenacted unless it shall be set forth at length as if it were an original act. No
act shall be amended by providing that words be stricken out or inserted, but the words
to be stricken out, or the words to be inserted, or the words to be stricken out and those
inserted in lieu thereof, together with the act or section amended, shall be set forth in
full as amended.
Source: Const. of 1875, Art. IV, Secs. 33, 34.

Section 29. Effective date of laws—exceptions—procedure in emergencies and

upon recess.—No law passed by the general assembly, except an appropriation act,
shall take effect until ninety days after the adjournment of the session in either odd-
numbered or even-numbered years at which it was enacted. However, in case of an
emergency which must be expressed in the preamble or in the body of the act, the gen-
eral assembly by a two-thirds vote of the members elected to each house, taken by yeas
and nays may otherwise direct; and further except that, if the general assembly recess-
es for thirty days or more it may prescribe by joint resolution that laws previously
passed and not effective shall take effect ninety days from the beginning of the recess.
Source: Const. of 1875, Art. IV, Sec. 36. (Amended November 3, 1970)

Section 30. Signing of bills by presiding officers—procedure on objections—

presentation of bills to governor.—No bill shall become a law until it is signed by the
presiding officer of each house in open session, who first shall suspend all other busi-
27 LEGISLATIVE DEPARTMENT Art. III § 34

ness, declare that the bill shall now be read and that if no objection be made he will
sign the same. If in either house any member shall object in writing to the signing of a
bill, the objection shall be noted in the journal and annexed to the bill to be considered
by the governor in connection therewith. When a bill has been signed, the secretary, or
the chief clerk, of the house in which the bill originated shall present the bill in person
to the governor on the same day on which it was signed and enter the fact upon the jour-
nal.
Source: Const. of 1875, Art. IV, Secs. 37, 38.

Section 31. Governor’s duty as to bills and joint resolutions—time limita-

tions—failure to return, bill becomes law.—Every bill which shall have passed the
house of representatives and the senate shall be presented to and considered by the gov-
ernor, and, within fifteen days after presentment, he shall return such bill to the house
in which it originated endorsed with his approval or accompanied by his objections. If
the bill be approved by the governor it shall become a law. When the general assembly
adjourns, or recesses for a period of thirty days or more, the governor shall return with-
in forty-five days any bill to the office of the secretary of state with his approval or rea-
sons for disapproval. If any bill shall not be returned by the governor within the time
limits prescribed by this section it shall become law in like manner as if the governor
had signed it.
Source: Const. of 1875, Art. IV, Sec. 38, Art. V, Sec. 12. (Amended August 5, 1986)

Section 32. Vetoed bills reconsidered, when.—Every bill presented to the gover-
nor and returned with his objections shall stand as reconsidered in the house to which
it is returned. If the governor returns any bill with his objections on or after the fifth
day before the last day upon which a session of the general assembly may consider
bills, the general assembly shall automatically reconvene on the first Wednesday fol-
lowing the second Monday in September for a period not to exceed ten calendar days
for the sole purpose of considering bills returned by the governor. The objections of the
governor shall be entered upon the journal and the house shall proceed to consider the
question pending, which shall be in this form: “Shall the bill pass, the objections of the
governor thereto notwithstanding?’’ The vote upon this question shall be taken by yeas
and nays and if two-thirds of the elected members of the house vote in the affirmative
the presiding officer of that house shall certify that fact on the roll, attesting the same
by his signature, and send the bill with the objections of the governor to the other
house, in which like proceedings shall be had in relation thereto. The bill thus certified
shall be deposited in the office of the secretary of state as an authentic act and shall
become a law.
Source: Const. of 1875, Art. IV, Sec. 39. (Amended November 3, 1970) (Amended November 7, 1972) (Amended
November 8, 1988)

Section 33. (Repealed August 5, 1986, L. 1986 HCS HJR 4 and 20, Sec. 1, 1st
Reg. Sess.)
Section 34. Revision of general statutes—limitation on compensation.—In the
year 1949 and at least every ten years thereafter all general statute laws shall be revised,
digested and promulgated as provided by law.
No senator or representative shall receive any compensation in addition to his salary
as a member of the general assembly for any services rendered in connection with said
revision.
Source: Const. of 1875, Art. IV, Sec. 41 (as adopted November 8, 1932).
Art. III § 35 CONSTITUTION OF MISSOURI 28

Section 35. Committee on legislative research.—There shall be a permanent joint

committee on legislative research, selected by and from the members of each house as
provided by law. The general assembly, by a majority vote of the elected members, may
discharge any or all of the members of the committee at any time and select their suc-
cessors. The committee may employ a staff as provided by law. The committee shall
meet when necessary to perform the duties, advisory to the general assembly, assigned
to it by law. The members of the committee shall receive no compensation in addition
to their salary as members of the general assembly, but may receive their necessary
expenses while attending the meetings of the committee.

LIMITATION OF LEGISLATIVE POWER

Section 36. Payment of state revenues and receipts to treasury—limitation of
withdrawals to appropriations—order of appropriations.—All revenue collected
and money received by the state shall go into the treasury and the general assembly
shall have no power to divert the same or to permit the withdrawal of money from the
treasury, except in pursuance of appropriations made by law. All appropriations of
money by successive general assemblies shall be made in the following order:
First: For payment of sinking fund and interest on outstanding obligations of the
state.
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.
Source: Const. of 1875, Art. IV, Sec. 43.

Section 37. Limitation on state debts and bond issues.—The general assembly
shall have no power to contract or authorize the contracting of any liability of the state,
or to issue bonds therefor, except (1) to refund outstanding bonds, the refunding bonds
to mature not more than twenty-five years from date, (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 lia-
bility exceeds one million dollars, the general assembly as on constitutional amend-
ments, 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 major-
ity 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. Before any bonds are
issued under this section the general assembly shall make adequate provision for the
payment of the principal and interest, and may provide an annual tax on all taxable
property in an amount sufficient for the purpose.
Source: Const. of 1875, Art. IV, Sec. 44.

Section 37(a). State building bond issue authorized—interest rate—payment

from income tax and other funds.—In addition to the exceptions made in Section 37,
the General Assembly shall have power to contract, or to authorize the contracting of,
29 LEGISLATIVE DEPARTMENT Art. III § 37(a)

a debt or liability on behalf of the state, and to issue bonds or other evidence of indebt-
edness therefor, not exceeding in the aggregate Seventy-five Million Dollars
($75,000,000), for the purpose of repairing, remodeling or rebuilding, or of repairing,
remodeling and rebuilding state buildings and properties at all or any of the penal, cor-
rectional and reformatory institutions of this state, the state training schools, state hos-
pitals and state schools and other eleemosynary institutions of this state, and institu-
tions of higher education of this state, and for building additions thereto and addition-
al buildings where necessary, and for furnishing and equipping any such im-
provements.
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 credit-
ed 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 fis-
cal 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 mainte-
nance 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 inter-
est 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 pro-
ceeds 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 tax-
able 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 annual-
ly, 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 offi-
cer in the city of St. Louis whose duty it shall be to make up and certify the tax books
Art. III § 37(b) LIMITATION OF LEGISLATIVE POWER 30

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 rev-
enue 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 there-
on 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.
(Adopted January 24, 1956)

Section 37(b). Water pollution control fund established—bonds authorized—

funds to stand appropriated.—The general assembly may authorize the contracting
of an indebtedness on behalf of the state of Missouri and the issuance of bonds or other
evidences of indebtedness not exceeding in the aggregate the sum of one hundred fifty
million dollars for the purpose of providing funds for use in this state for the protection
of the environment through the control of water pollution. The bonds shall be issued by
the state board of fund commissioners from time to time and in such amounts as may
be necessary to carry on a program by the water pollution board of the state as deter-
mined by the general assembly for the planning, financing and constructing sewage
treatment facilities by any county, municipality, sewer district, or any combination of
the same and the board of fund commissioners shall offer such bonds at public sale,
and shall provide such method as it may deem necessary for the advertisement of the
sale of each issue of said bonds before the same are sold.
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.
31 LEGISLATIVE DEPARTMENT Art. III § 37(b)

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 appropriat-
ed for the support of the free public schools, and to credit to the water pollution con-
trol 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 annu-
ally 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 pol-
lution 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 amend-
ment into effect.
(Adopted October 5, 1971)
Art. III § 37(c) CONSTITUTION OF MISSOURI 32

Section 37(c). Additional water pollution control bonds authorized—proce-

dure.—The general assembly may authorize the contracting of an indebtedness on
behalf of the state of Missouri and the issuance of bonds or other evidences of indebt-
edness not exceeding in the aggregate the sum of two hundred million dollars for the
purpose of providing funds for use in this state for the protection of the environment
through the control of water pollution. The bonds shall be issued by the State Board of
Fund Commissioners from time to time and in such amounts as may be necessary to
carry on a program by the Clean Water Commission of the state as determined by the
General Assembly for the planning, financing and constructing sewage treatment facil-
ities by any county, municipality, sewer district, or any combination of the same and
the Board of Fund Commissioners shall offer such bonds at public sale, and shall pro-
vide such method as it may deem necessary for the advertisement of the sale of each
issue of said bonds before the same are sold.
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 prin-
cipal and interest maturing and accruing on said bonds during the next succeeding fis-
cal 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 tangi-
33 LEGISLATIVE DEPARTMENT Art. III § 37(d)

ble 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 deter-
mined 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 ex-
tended the ad valorem state taxes. It shall be the duty of said clerks and the said comp-
troller 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 pur-
pose 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.
(Adopted November 6, 1979)

Section 37(d). Third state building bond issue authorized—procedures—use of

funds.—The general assembly may authorize the contracting of an indebtedness on
behalf of the state of Missouri and the issuance of bonds or other evidences of indebt-
edness in the aggregate sum of six hundred million dollars for the purpose of provid-
ing funds for improvements of state buildings and property, including state parks,
including but not limited to repairing, remodeling, or rebuilding buildings and proper-
ties of the state, providing additions thereto or additional buildings where necessary,
and for planning, furnishing, equipping and landscaping such improvements and for
expenditures for state parks as specified in section 253.040, RSMo, and for grants
administered pursuant to sections 204.031, RSMo, 192.600 through 192.620, RSMo,
68.010 to 68.070, RSMo, and 278.080, RSMo, and for construction and improvement
of rail and highway access within this state.
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 spec-
ified 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 appro-
priated by the general assembly by December 31, 1987. The board of fund commis-
sioners 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
Art. III § 37(d) CONSTITUTION OF MISSOURI 34

resources of the state of Missouri. Upon the issuance of the bonds, or any portion there-
of, the state board of fund commissioners shall notify the commissioner of administra-
tion of the amount of money required, in the remaining portion of the fiscal year dur-
ing 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 succeed-
ing 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 inter-
est 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 commis-
sioners, as hereinbefore provided.
If at any time after the issuance of the bonds it becomes apparent to the com-
missioner 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 edu-
cation, 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 there-
on. 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 prin-
cipal 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 deter-
mined 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 collect-
ed and shall certify the same to the collectors of the revenue of their respective coun-
ties 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 treas-
ury 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 inter-
est 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:
(1) A minimum of 20% of the total amount of appropriations from the third state
building fund in any year shall be used for the repair, replacement and maintenance of
state buildings and facilities as determined by the general assembly;
35 LEGISLATIVE DEPARTMENT Art. III § 37(d)

(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:
(a) 20% of the appropriations under this subdivision shall be appropriated to the
department of highways and transportation for highway purposes;
(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;
(3) A maximum of 65% of the total amount appropriated from the third state build-
ing fund in any year shall be distributed among the following departments and agen-
cies of state government as follows:
(a) 2.7% of the appropriations under this subdivision shall be appropriated to the
department of agriculture;
(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.
The general assembly may enact such laws as may be necessary to carry this amend-
ment into effect. With the exception of those projects involving the repair, replacement
or maintenance of state buildings or facilities for which at least 20% of any year’s
appropriations from the fund are reserved as provided above, no project proposed to be
funded from the third state building fund shall be commenced unless the general
assembly shall first have specifically authorized such undertaking by passage of legis-
lation apart from its ordinary appropriation process. 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 this additional revenue shall not be an
“expense of state government” under section 20 of article X of this constitution.
(Adopted June 8, 1982)
Art. III § 37(e) CONSTITUTION OF MISSOURI 36

Section 37(e). Water pollution control, improvement of drinking water systems

and storm water control—bonds authorized, procedure.—1. The general assembly
may authorize the contracting of an indebtedness on behalf of the state of Missouri and
the issuance of bonds or other evidences of indebtedness not exceeding in the aggre-
gate the sum of two hundred seventy-five million dollars for the purpose of providing
funds for use in this state for the control of water pollution and improvements to drink-
ing water systems, including the establishment of water supply hook-ups from unincor-
porated areas of any county to water supplies, whether or not a particular county as a
whole is classified as rural, and for storm water control, through grants and loans
administered by the clean water commission and the department of natural resources
pursuant to law. The repeal and re-enactment of this section shall not be construed to
increase the aggregate amount of indebtedness which may be authorized pursuant to
this section above the amount authorized pursuant to this section immediately prior to
such repeal and re-enactment. The bonds shall be issued by the state board of fund
commissioners from time to time and in such amounts as may be necessary to carry on
the program of the clean water commission and the department of natural resources as
determined by the general assembly for the financing and constructing of these
improvements by any county, municipality, sewer district, water district, or any combi-
nation of the same. The board of fund commissioners shall offer such bonds at public
sale, and shall provide such method as it may deem necessary for the advertisement of
the sale of each issue of bonds before such bonds are sold. The proceeds of the sale or
sales of any bonds issued hereunder shall be paid into the state treasury and be credit-
ed 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 per-
mitted by law. The proceeds of the sale of the bonds herein authorized shall be expend-
ed for the purposes for which the bonds are hereinabove authorized to be issued.
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 admin-
istration 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 com-
missioners 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 proportion-
ate 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 outstand-
37 LEGISLATIVE DEPARTMENT Art. III § 37(f)

ing 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 tangi-
ble 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 deter-
mined 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 comp-
troller 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 provid-
ed 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 pur-
pose 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 here-
in. 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.
(Adopted November 8, 1988) (Amended November 3, 1998)

Section 37(f). Fourth state building bond and interest fund created—bond issue
authorized, procedure—use of funds.—1. The general assembly may authorize the
contracting of an indebtedness on behalf of the state of Missouri and the issuance of
bonds or other evidences of indebtedness not exceeding in the aggregate the sum of two
hundred fifty million dollars for the purpose of providing funds for rebuilding buildings
of institutions of higher education including public community colleges, the department
of corrections and the division of youth services, providing additions thereto or addi-
tional buildings where necessary, for land acquisition, for construction or purchase of
buildings, and for planning, furnishing, equipping and landscaping such improvements
and buildings. The bonds shall be issued by the state board of fund commissioners from
time to time and in such amounts as may be necessary as determined by the general
assembly for such purposes. The board of fund commissioners shall offer such bonds at
public sale, and shall provide such method as it may deem necessary for the advertise-
ment of the sale of each issue of bonds before such bonds are sold. The proceeds of the
Art. III § 37(f) CONSTITUTION OF MISSOURI 38

sale or sales of any bonds issued under this section shall be paid into the state treasury
and be credited to a fund to be designated the fourth state building 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 authorized in this section shall
be expended for the purposes for which the bonds are authorized to be issued.
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 fis-
cal 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 adminis-
tration 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 outstand-
ing 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 prop-
erty 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 commission-
er 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 col-
lected and to certify the same to the collectors of the revenue of their respective coun-
ties 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
39 LEGISLATIVE DEPARTMENT Art. III § 37(g)

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 pur-
pose 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 govern-
ment” 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 gov-
ernor 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.
(Adopted August 2, 1994)

Section 37(g). Rural water and sewer grants and loans—bonds authorized,
procedure.—1. In addition to any other indebtedness authorized under this constitu-
tion or the laws of this state, the general assembly may authorize the contracting of an
indebtedness on behalf of the state of Missouri and the issuance of bonds or other evi-
dences of indebtedness not exceeding in the aggregate the sum of one hundred million
dollars for the purpose of providing rural water and sewer grants and loans, including
grants for the establishment of water supply hook-ups in unincorporated areas of any
county to water supplies, whether or not a particular county as a whole is classified as
rural, through grants and loans administered by the clean water commission and the
department of natural resources pursuant to procedures in chapter 640, RSMo, and
chapter 644, RSMo. The bonds shall be issued by the state board of fund commission-
ers from time to time and in such amounts as may be necessary to carry on the program
of the clean water commission and the department of natural resources as determined
by the general assembly for the financing and constructing of these improvements by
any county, municipality, sewer district, water district, or any combination of the
same. The board of fund commissioners shall offer such bonds at public sale, and shall
provide such method as it may deem necessary for the advertisement of the sale of each
issue of bonds before such bonds are sold. The proceeds of the sale or sales of any
bonds issued hereunder shall be paid into the state treasury and be credited to the water
pollution control bond 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.
2. The bonds and the interest thereon shall be paid out of the water pollution con-
trol 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
Art. III § 37(g) CONSTITUTION OF MISSOURI 40

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 matur-
ing 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 proportion-
ate 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 outstand-
ing 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 pay-
ment 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 deter-
mined 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 provid-
ed 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 pur-
pose 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 here-
in. 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 establish-
ment of water supply hook-ups from unincorporated areas of any county to water sup-
plies, 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.
(Adopted November 3, 1998)
41 LEGISLATIVE DEPARTMENT Art. III § 37(h)

Section 37(h). Stormwater control—bonds authorized, procedure.—1. In addi-

tion to any other indebtedness authorized under this constitution or the laws of this
state, the general assembly may authorize the contracting of an indebtedness on behalf
of the state of Missouri and the issuance of bonds or other evidences of indebtedness
not exceeding in the aggregate the sum of two hundred million dollars for the purpose
of providing funds for use in this state for stormwater control plans, studies and proj-
ects in counties of the first classification and in any city not within a county, through
grants and loans administered by the clean water commission and the department of
natural resources pursuant to the procedures in chapter 644, RSMo. The bonds shall be
issued by the state board of fund commissioners from time to time and in such amounts
as may be necessary to carry on the program of the clean water commission and the
department of natural resources as determined by the general assembly for the financ-
ing and constructing of these plans, studies and projects by any municipality, sewer dis-
trict, sewer district established pursuant to article VI, section 30(a) of the Missouri
Constitution, water district, or any combination of the same located in a county of the
first classification or in any city not within a county or by any county of the first clas-
sification. The board of fund commissioners shall offer such bonds at public sale, and
shall provide such method as it may deem necessary for the advertisement of the sale
of each issue of bonds before such bonds are sold. 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 “Stormwater Control Fund”. The bonds shall be retired seri-
ally 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.
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 succeed-
ing 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 noti-
fy the commissioner of administration of the amount of money required for the pay-
ment 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 proportion-
ate 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 pro-
vided 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 outstand-
ing 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,
Art. III § 38(a) CONSTITUTION OF MISSOURI 42

a direct tax shall be levied upon all taxable tangible property in the state for the pay-
ment 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 deter-
mined 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 provid-
ed 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 pur-
pose 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; provided that such appropriations may not exceed twenty million dollars,
in the aggregate, per fiscal year. Of those grant and loan funds appropriated pursuant
to this section, fifty percent shall be allocated to grants and fifty percent shall be allo-
cated to loans. Grants shall be fifty percent of the cost of the plan, study or project and
may be combined with loans such as those provided by the commission or the depart-
ment. Grants and loans from the stormwater control fund shall be dispersed 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 with-
in 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 classifica-
tion shall receive such funds directly 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 estab-
lished pursuant to article VI, section 30(a) of the Missouri Constitution, such district
shall receive the grants or loans directly.
6. The general assembly may enact such laws as may be necessary to carry out the
provisions of this section.
(Adopted November 3, 1998)

Section 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.—The general assembly shall have no power to grant public money or property, or
lend or authorize the lending of public credit, to any private person, association or cor-
poration, excepting aid in public calamity, and general laws providing for pensions for
43 LEGISLATIVE DEPARTMENT Art. III § 39

the blind, for old age assistance, for aid to dependent or crippled children or the blind,
for direct relief, for adjusted compensation, bonus or rehabilitation for discharged
members of the armed services of the United States who were bona fide residents of
this state during their service, and for the rehabilitation of other persons. Money or
property may also be received from the United States and be redistributed together with
public money of this state for any public purpose designated by the United States.
Source: Const. of 1875, Art. IV, Secs. 45, 46, 47 (as amended in 1916, 1920, 1932, 1936 and 1938).

Section 38(b). Tax levy for blind pension fund.—The general assembly shall pro-
vide an annual tax of not less than one-half of one cent nor more than three cents on
the one hundred dollars valuation of all taxable property to be levied and collected as
other taxes, for the purpose of providing a fund to be appropriated and used for the pen-
sioning of the deserving blind as provided by law. Any balance remaining in the fund
after the payment of the pensions may be appropriated for the adequate support of the
commission for the blind, and any remaining balance shall be transferred to the distrib-
utive public school fund.
Source: Const. of 1875, Art. VI, Sec. 47.

Section 38(c). Neighborhood improvement districts, cities and counties may be

authorized to establish, powers and duties—limitation on indebtedness.—1. The
general assembly may authorize cities and counties to create neighborhood improve-
ment districts and incur indebtedness and issue general obligation bonds to pay for all
or part of the cost of public improvements within such districts. The cost of all indebt-
edness so incurred shall be levied and assessed by the governing body of the city or
county on the property benefited by such improvements. The city or county shall col-
lect the special assessments so levied and use the same to reimburse the city or county
for the amount paid or to be paid by it on the general obligation bonds issued for such
improvements.
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 dis-
trict, 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.
(Adopted August 7, 1990)

Section 39. Limitation of power of general assembly.—The general assembly

shall not have power: (1) To give or lend or to authorize the giving or lending of the
credit of 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;
Art. III § 39(a) CONSTITUTION OF MISSOURI 44

(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 corpo-
ration 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 present-
ed 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 con-
strued as to prevent or prohibit citizens of this state from participating in games or con-
tests 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 some-
thing 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 reg-
ulate 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.
Source: Const. of 1875, Art. IV, Secs. 45, 48, 51, 52, 55, 56, Art. XIV, Sec. 10. (Amended November 7, 1978) (Amended
November 6, 1984) (Amended August 5, 1986) (Amended November 8, 1994) (Amended November 3, 1998)

Section 39(a). Bingo may be authorized—requirements.—The game commonly

known as bingo when conducted by religious, charitable, fraternal, veteran or service
organizations is not a lottery or gift enterprise within the meaning of subdivision (9) of
section 39 of this article if the general assembly authorizes by law that religious, char-
itable, fraternal, service, or veteran organizations may conduct the game commonly
known as bingo, upon the payment of the license fee and the issuance of the license as
provided for by law. Any such law shall include the following requirements:
(1) All net receipts over and above the actual cost of conducting the game as set by
law shall be used only for charitable, religious or philanthropic purposes, and no
receipts shall be used to compensate in any manner any person who works for or is in
any way affiliated with the licensed organization;
(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:
(a) Has been a bona fide member of the licensed organization for the two years
immediately preceding such participation, and volunteers the time and service neces-
sary to conduct the game;
(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;
45 LEGISLATIVE DEPARTMENT Art. III § 39(b)

(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;
(4) Any person, any officer or director of any firm or corporation, and any partner
of any partnership renting or leasing to a licensed organization any equipment or prem-
ises for use in a game shall meet all of the qualifications of paragraph (3) except sub-
paragraph (a);
(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 mar-
ket rental rate for such premises and in no case shall any payment based on a percent-
age 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) No advertising of any game shall be permitted except on the premises of the
licensed organization or through ordinary communications between the organization
and its members;
(8) 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 gener-
al community.
(Adopted November 4, 1980)

STATE LOTTERY
Section 39(b). State lottery, authority to establish—lottery proceeds fund estab-
lished, purpose.—1. The general assembly shall have authority to authorize a Missouri
state lottery by law. If such legislation is adopted, there shall be created a “State Lottery
Commission” consisting of five members who shall be appointed by the governor with
the advice and consent of the senate and who may be removed, for cause by the gover-
nor and who shall be chosen from the state at large and represent a broad geographic
spectrum with no more than one member chosen from each federal congressional dis-
trict. Each member at the time of his appointment and qualification shall have been a
resident of this state for a period of at least five years next preceding his appointment
and qualification and shall also be a qualified elector therein and be not less than thirty
years of age. No more than three members of the commission shall be members of the
same political party. Members of the commission shall have three-year terms as pro-
vided by law. Members of the commission shall receive no salary but shall receive their
actual expenses incurred in the performance of their responsibilities. The commission
shall employ such persons as provided by law. The commission shall have the authori-
ty to join other states and jurisdictions for the purpose of conducting joint lottery games.
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 appro-
priation of the general assembly. Beginning July 1, 1993, monies representing net pro-
ceeds 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.
Art. III § 39(c) CONSTITUTION OF MISSOURI 46

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 securi-
ties 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 per-
sons 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 spe-
cial 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 sec-
tion 20 of article X of this constitution.
(Adopted November 6, 1984) (Amended August 2, 1988) (Amended August 4, 1992)

Section 39(c). Pari-mutuel wagering may be authorized by general assembly—

horse racing commission established, election procedure to adopt or reject horse
racing.—1. The general assembly may authorize on track pari-mutuel betting on horse
racing in a manner provided by law. There is hereby created the Missouri Horse Racing
Commission which shall consist of five members appointed by the governor with the
advice and consent of the senate. Members of the commission shall be citizens and eli-
gible voters of Missouri and shall not have been convicted of a felony. Not more than
three members shall be affiliated with the same political party, and not more than one
member may be a resident of any one congressional district or of any single county or
of the City of St. Louis. Of the members first appointed, one shall be appointed for a
one year term, one shall be appointed for a two year term, one shall be appointed for a
three year term, one shall be appointed for a four year term and one shall be appoint-
ed for a five year term; and thereafter members shall be appointed for terms of five
years. The governor shall designate one of the members to be chairman. The governor
may remove any member of the commission from office for malfeasance or neglect of
duty in office. Members of the commission shall be reimbursed and paid for the
expenses which they reasonably incur in the performance of their official duties, but
they shall not, however, be paid a salary or other remuneration for their services unless
such be authorized by law. No person may serve as a member of the commission and
his office shall be deemed vacated if:
(i) The member, the member’s spouse, child or parent owns any interest in a race
track licensed by the Commission.
(ii) The member, the member’s spouse, child or parent is an officer, employee, con-
sultant 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.
A member shall not, however, be disqualified because either the member or the
member’s spouse, child or parent is a horse owner or a horse breeder whose horse par-
ticipates as other horses and wins purses or awards in a race at a licensed race track.
47 LEGISLATIVE DEPARTMENT Art. III § 40

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 elec-
tion 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 ques-
tions 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 coun-
ty 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.
Once pari-mutuel wagering on horse racing has been accepted by the voters of that
county at an appropriate election, no other vote shall be held on the question of the
legality of such wagering in that county. If the qualified voters of the county reject pari-
mutuel wagering on horse races in that county, no elections shall be held on the ques-
tion in that county except as in the manner specified above. As used in this section, the
term “county’’ includes the City of St. Louis.
(Adopted August 5, 1986)

Section 39(d). Gaming revenues to be appropriated to public institutions of ele-

mentary, secondary and higher education.—All state revenues derived from the con-
duct of all gaming activities as are now or hereafter authorized by this constitution or
by law, unless otherwise provided by law on the effective date of this section, shall be
appropriated beginning July 1, 1993, solely for the public institutions of elementary,
secondary and higher education and shall not be included within the definition of “total
state revenues” in section 17 of article X of this constitution.
(Adopted August 4, 1992)

Section 39(e). Riverboat gambling authorized on Missouri and Mississippi

rivers—boats in moats authorized.—The general assembly is authorized to permit
upon the Mississippi and Missouri Rivers only, which shall include artificial spaces
that contain water and that are within 1000 feet of the closest edge of the main chan-
nel of either of those rivers, lotteries, gift enterprises and games of chance to be con-
ducted on excursion gambling boats and floating facilities. Any license issued before
or after the adoption date of this amendment for any excursion gambling boat or float-
ing facility located in any such artificial space shall be deemed to be authorized by the
General Assembly and to be in compliance with this Section.
NOTICE: You are advised that the proposed constitutional amendment may be con-
strued to change, repeal, or modify by implication Article III, Sections 39, 39(9), and
39(e).
(Adopted November 8, 1994) (Amended November 3, 1998)

Section 39(f). Raffles and sweepstakes authorized.—Any organization recog-

nized as charitable or religious pursuant to federal law may sponsor raffles and sweep-
stakes in which a person risks something of value for a prize. The general assembly
may, by law, provide standards and conditions to regulate or guarantee the awarding of
prizes provided for in such raffles or sweepstakes.
(Adopted November 3, 1998)

Section 40. Limitations on passage of local and special laws.—The general

assembly shall not pass any local or special law:
Art. III § 40 CONSTITUTION OF MISSOURI 48

(1) authorizing the creation, extension or impairment of liens;

(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 reliev-
ing 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 dis-
tricts;
(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 consta-
bles;
(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.
Source: Const. of 1875, Art. IV, Sec. 53.
49 LEGISLATIVE DEPARTMENT Art. III § 45(a)

Section 41. Indirect enactment of local and special laws—repeal of local and spe-
cial laws.—The general assembly shall not indirectly enact a special or local law by the
partial repeal of a general law; but laws repealing local or special acts may be passed.
Source: Const. of 1875, Art. IV, Sec. 53(33).

Section 42. Notice of proposed local or special laws.—No local or special law
shall be passed unless a notice, setting forth the intention to apply therefor and the sub-
stance of the contemplated law, shall have been published in the locality where the mat-
ter or thing to be affected is situated at least thirty days prior to the introduction of the
bill into the general assembly and in the manner provided by law. Proof of publication
shall be filed with the general assembly before the act shall be passed and the notice
shall be recited in the act.
Source: Const. of 1875, Art. IV, Sec. 54.

Section 43. Title and control of lands of United States—exemption from taxa-
tion—taxation of lands of nonresidents.—The general assembly shall never interfere
with the primary disposal of the soil by the United States, nor with any regulation
which Congress may find necessary for securing the title in such soil to bona fide pur-
chasers. No tax shall be imposed on lands the property of the United States; nor shall
lands belonging to persons residing without the state ever be taxed at a higher rate than
lands belonging to persons residing within the state.
Source: Const. of 1875, Art. XIV, Sec. 1.

Section 44. Uniform interest rates.—No law shall be valid fixing rates of interest
or return for the loan or use of money, or the service or other charges made or imposed
in connection therewith, for any particular group or class engaged in lending money.
The rates of interest fixed by law shall be applicable generally and to all lenders with-
out regard to the type or classification of their business.
Section 45. Congressional apportionment.—When the number of representatives
to which the state is entitled in the House of the Congress of the United States under
the census of 1950 and each census thereafter is certified to the governor, the general
assembly shall by law divide the state into districts corresponding with the number of
representatives to which it is entitled, which districts shall be composed of contiguous
territory as compact and as nearly equal in population as may be.
Section 45(a). Term limitations for members of U.S. Congress—effective
when—voluntary observance required, when.—(1) No United States Senator from
Missouri shall serve more than two terms in the United States Senate, and no United
States Representative from Missouri shall serve more than four terms in the United
States House of Representatives. This limitation on the number of terms shall apply to
terms of office beginning on or after the effective date of this section. Any person
appointed or elected to fill a vacancy in the United States Congress and who serves at
least one-half of a term of office shall be considered to have served a term in that office
for purposes of this subsection (1). The provisions of this subsection (1) shall become
effective whenever at least one-half of the states enact term limits for their members of
the United States Congress.
(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.
(Adopted November 3, 1992)
Art. III § 46 CONSTITUTION OF MISSOURI 50

Section 46. Militia.—The general assembly shall provide for the organization,
equipment, regulations and functions of an adequate militia, and shall conform the
same as nearly as practicable to the regulations for the government of the armed forces
of the United States.
Source: Const. of 1875, Art. XIII, Sec. 2.

Section 46(a). Emergency duties and powers of assembly on enemy attack.—

The General Assembly, in order to ensure continuity of state and local governmental
operations in periods of emergency only resulting from disasters occurring in this state
caused by enemy attack on the United States, shall have the power to such extent as the
General Assembly deems advisable. In the event there occurs in this state a disaster
caused by enemy attack on the United States, the General Assembly shall immediate-
ly convene in the City of Jefferson or in such place as designated by joint proclamation
of the highest presiding officers of each house, and shall have power
(1) To provide by legislative enactment for prompt and temporary succession to the
powers and duties of public offices, of whatever nature and whether filled by election
or appointment, the incumbents of which may become unavailable for carrying on the
powers and duties of such offices, and
(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.
(Adopted November 8, 1960)

Section 47. State parks—appropriations for, required.—For twelve years begin-

ning with the year 1961, the general assembly shall appropriate for each year out of the
general revenue fund, an amount not less than that produced annually at a tax rate of
one cent on each one hundred dollars assessed valuation of the real and tangible per-
sonal property taxable by the state, for the exclusive purpose of providing a state park
fund to be expended and used by the agency authorized by law to control and super-
vise state parks, and historic sites of the state, for the purposes of the acquisition, super-
vision, operation, maintenance, development, control, regulation and restoration of
state parks and state park property, as may be determined by such agency; and there-
after the general assembly shall appropriate such amounts as may be reasonably nec-
essary for such purposes.
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.
(Amended November 8, 1960)

Section 48. Historical memorials and monuments—acquisition of property.—

The general assembly may enact laws and make appropriations to preserve and perpet-
uate memorials of the history of the state by parks, buildings, monuments, statues,
paintings, documents of historical value or by other means, and to preserve places of
historic or archaeological interest or scenic beauty, and for such purposes private prop-
erty or the use thereof may be acquired by gift, purchase, or eminent domain or be sub-
jected to reasonable regulation or control.
51 LEGISLATIVE DEPARTMENT Art. III § 53

INITIATIVE AND REFERENDUM

Section 49. Reservation of power to enact and reject laws.—The people reserve
power to propose and enact or reject laws and amendments to the constitution by the
initiative, independent of the general assembly, and also reserve power to approve or
reject by referendum any act of the general assembly, except as hereinafter provided.
Source: Const. of 1875, Art. IV, Sec. 57 (Amended November 3, 1908).

Section 50. Initiative petitions—signatures required—form and procedure.—

Initiative petitions proposing amendments to the constitution shall be signed by eight
percent of the legal voters in each of two-thirds of the congressional districts in the
state, and petitions proposing laws shall be signed by five percent of such voters. Every
such petition shall be filed with the secretary of state not less than six months before
the election and shall contain an enacting clause and the full text of the measure.
Petitions for constitutional amendments shall not contain more than one amended and
revised article of this constitution, or one new article which shall not contain more than
one subject and matters properly connected therewith, and the enacting clause thereof
shall be “Be it resolved by the people of the state of Missouri that the Constitution be
amended:”. Petitions for laws shall contain not more than one subject which shall be
expressed clearly in the title, and the enacting clause thereof shall be “Be it enacted by
the people of the state of Missouri:”.
Source: Const. of 1875, Art. IV, Sec. 57. (Amended November 3, 1998)

Section 51. Appropriations by initiative—effective date of initiated laws—con-

flicting laws concurrently adopted.—The initiative shall not be used for the appro-
priation of money other than of new revenues created and provided for thereby, or for
any other purpose prohibited by this constitution. Except as provided in this constitu-
tion, any measure proposed shall take effect when approved by a majority of the votes
cast thereon. When conflicting measures are approved at the same election the one
receiving the largest affirmative vote shall prevail.
Section 52(a). Referendum—exceptions—procedure.—A referendum may be
ordered (except as to laws necessary for the immediate preservation of the public
peace, health or safety, and laws making appropriations for the current expenses of the
state government, for the maintenance of state institutions and for the support of pub-
lic schools) either by petitions signed by five percent of the legal voters in each of two-
thirds of the congressional districts in the state, or by the general assembly, as other
bills are enacted. Referendum petitions shall be filed with the secretary of state not
more than ninety days after the final adjournment of the session of the general assem-
bly which passed the bill on which the referendum is demanded.
Source: Const. of 1875, Art. IV, Sec. 57.

Section 52(b). Veto power—elections—effective date.—The veto power of the

governor shall not extend to measures referred to the people. All elections on measures
referred to the people shall be had at the general state elections, except when the gen-
eral assembly shall order a special election. Any measure referred to the people shall
take effect when approved by a majority of the votes cast thereon, and not otherwise.
This section shall not be construed to deprive any member of the general assembly of
the right to introduce any measure.
Source: Const. of 1875, Art. IV, Sec. 57.

Section 53. Basis for computation of signatures required.—The total vote for
governor at the general election last preceding the filing of any initiative or referendum
Art. IV CONSTITUTION OF MISSOURI 52

petition shall be used to determine the number of legal voters necessary to sign the peti-
tion. In submitting the same to the people the secretary of state and all other officers
shall be governed by general laws.
Source: Const. of 1875, Art. IV, Sec. 57.

ARTICLE IV
EXECUTIVE DEPARTMENT
SECTION
1. Executive power—the governor.
2. Duties of governor.
3. Qualifications of governor.
4. Power of appointment to fill vacancies—tenure of appointees.
5. Commissions of state officers.
6. Commander in chief of militia—authority.
7. Reprieves, commutations and pardons—limitations on power.
8. Concurrent resolutions—duty of governor—exceptions—limitation of effect.
9. Governor’s messages and recommendations to assembly—call of extra sessions.
10. Lieutenant governor—qualifications, powers and duties.
11(a). Order of succession to governorship, when.
11(b). Governor’s declaration of disability, effect of—disability board, membership, duties—governor to resume office,
when—disputed illness, supreme court to decide.
11(c). Acting as governor not to vacate regular office.
12. Executive department, composition of—elective officials—departments and offices enumerated.
13. State auditor—qualifications and duties—limitations on duties.
14. Secretary of state—duties—state seal—official register—limitation on duties.
15. State treasurer—duties—custody, investment and deposit of state funds—duties limited—nonstate funds to be in
custody and invested by department of revenue—nonstate funds defined.
16. Filing of administrative rules and regulations.
17. Elective state officers—time of election and terms—limitation on reelection—selection of department heads—
removal and qualifications of appointive officers.
18. Election returns—board of state canvassers—time of meeting and duties—requirement for election—tie votes.
19. Department personnel—selection and removal—merit system—veterans’ preference.
20. Location of executive and administrative offices.
21. Limitation on changes of salaries—fees, costs.

REVENUE
22. Department of revenue, duties of—director, appointment of.
23. Fiscal year—limitations on appropriations—specification of amount and purpose.
24. Governor’s budget and recommendations as to revenue.
25. Limitation of governor’s budget on power of appropriations.
26. Power of partial veto of appropriation bills—procedure—limitations.
27. Power of governor to control rate of and reduce expenditures.
27(a). Cash Operating Reserve Fund established—investment—excess transfer to general revenue, when.
27(b). Facilities maintenance and review fund created, purpose—state facilities, defined—transfer of monies into fund,
reduction or elimination of transfer by governor.
28. Treasury withdrawals, how made, certified how—appropriation, period of.

HIGHWAYS AND TRANSPORTATION

29. Highways and transportation commission—qualifications of members and employees—authority over state high-
ways and other transportation programs.
30(a). Apportionment of motor vehicle fuel tax—limitation on local fuel taxes.
30(b). Source and application of state road fund and state transportation fund.
30(c). Transportation programs and facilities, administration of by commission.
31. State highways in municipalities.
32. Apportionment of funds for supplementary state highways.
32(a). (Repealed November 6, 1979, L. 1979 1st Reg. Sess. SS HCS HJR 39, 40, 44 and 48, Sec. 1).
33. Retirement benefits not changed.
34. Recognition of outstanding bonds—determination, certification and collection of annual state highway bond tax.
53 EXECUTIVE DEPARTMENT Art. IV
AGRICULTURE
SECTION
35. Agriculture, department of—director, how appointed—funds to be provided, how.
36. Forestry and forest fires.

ECONOMIC DEVELOPMENT
36(a). Economic development, department of—duties of department—director, how appointed.

INSURANCE
36(b). Department of insurance, established—director, appointment—office of consumer affairs to be established within
department, duties.

SOCIAL SERVICES
37. Social services, department of—duties of department—director, how appointed.

MENTAL HEALTH
37(a). Mental health, department of—duties of department—director, how appointed.
38. (Repealed August 8, 1972, L. 1971 2nd Reg. Sess. HJR 65, Sec. 1)
39. Cooperation with federal and other state governments.

CONSERVATION
40(a). Conservation commission, members, qualifications, terms, how appointed—duties of commission—expenses of
members.
40(b). Incumbent members.
41. Acquisition of property—eminent domain.
42. Director of conservation and personnel of commission.
43(a). Sales tax, use for conservation purposes.
43(b). Use of revenue and funds of conservation commission.
43(c). Effective date—self-enforcability.
44. Self-enforcability—enabling clause—repealing clause.
45. Rules and regulations—filing—review.
46. Distribution of rules and regulations.

NATURAL RESOURCES
47. Natural resources, department of—duties of department—director, how appointed.
47(a). Sales and use tax levied for soil and water conservation and for parks—distribution of parks sales tax fund to coun-
ties, purpose, limitation.
47(b). Disbursement of revenue, purposes.
47(c). Provisions self-enforcing, exception—not part of general revenue or expense of state—effective and expiration dates.

PUBLIC SAFETY
48. Public safety, department of—duties of department—director, how appointed.

LABOR AND INDUSTRIAL RELATIONS

49. Labor and industrial relations, department of—duties—commission members, how appointed, terms, qualifications.

OFFICE OF ADMINISTRATION
50. Administration, office of—commissioner, how appointed.

APPOINTMENT OF ADMINISTRATIVE HEADS

51. Appointments, how made—failure to confirm, effect of.

HIGHER EDUCATION
52. Higher education, department of established—coordinating board for higher education established, members,
terms, qualifications.

NONDISCRIMINATION IN APPOINTMENTS
53. Discrimination as to race, creed, color or national origin prohibited.
Art. IV § 1 CONSTITUTION OF MISSOURI 54

Section 1. Executive power—the governor.—The supreme executive power shall

be vested in a governor.
Source: Const. of 1875, Art. V, Sec. 4.

Section 2. Duties of governor.—The governor shall take care that the laws are dis-
tributed and faithfully executed, and shall be a conservator of the peace throughout the
state.
Source: Const. of 1875, Art. V, Sec. 6.

Section 3. Qualifications of governor.—The governor shall be at least thirty years

old and shall have been a citizen of the United States for at least fifteen years and a res-
ident of this state at least ten years next before election.
Source: Const. of 1875, Art. V, Sec. 5.

Section 4. Power of appointment to fill vacancies—tenure of appointees.—The

governor shall fill all vacancies in public offices unless otherwise provided by law, and
his appointees shall serve until their successors are duly elected or appointed and qual-
ified.
Source: Const. of 1875, Art. V, Sec. 11.

Section 5. Commissions of state officers.—The governor shall commission all

officers unless otherwise provided by law. All commissions shall be issued in the name
of the state, signed by the governor, sealed with the great seal of the state and attested
by the secretary of state.
Source: Const. of 1875, Art. V, Sec. 23.

Section 6. Commander in chief of militia—authority.—The governor shall be the

commander in chief of the militia, except when it is called into the service of the United
States, and may call out the militia to execute the laws, suppress actual and prevent
threatened insurrection, and repel invasion.
Source: Const. of 1875, Art. V, Sec. 7.

Section 7. Reprieves, commutations and pardons—limitations on power.—The

governor shall have power to grant reprieves, commutations and pardons, after convic-
tion, for all offenses except treason and cases of impeachment, upon such conditions
and with such restrictions and limitations as he may deem proper, subject to provisions
of law as to the manner of applying for pardons. The power to pardon shall not include
the power to parole.
Source: Const. of 1875, Art. V, Sec. 8.

Section 8. Concurrent resolutions—duty of governor—exceptions—limitation

of effect.—Every resolution to which the concurrence of the senate and house of rep-
resentatives may be necessary, except on questions of adjournment, going into joint
session, and of amending this constitution, shall be presented to the governor, and
before the same shall take effect, shall be proceeded upon in the same manner as in the
case of a bill; provided, that no resolution shall have the effect to repeal, extend, or
amend any law.
Source: Const. of 1875, Art. V, Sec. 14.

Section 9. Governor’s messages and recommendations to assembly—call of

extra sessions.—The governor shall, at the commencement of each session of the gen-
eral assembly, at the close of his term of office, and at such other times as he may deem
necessary, give to the general assembly information as to the state of the government,
and shall recommend to its consideration such measures as he shall deem necessary
55 EXECUTIVE DEPARTMENT Art. IV § 11(b)

and expedient. On extraordinary occasions he may convene the general assembly by

proclamation, wherein he shall state specifically each matter on which action is deemed
necessary.
Source: Const. of 1875, Art. V, Secs. 9, 10.

Section 10. Lieutenant governor—qualifications, powers and duties.—There

shall be a lieutenant governor who shall have the same qualifications as the governor
and shall be ex officio president of the senate. In committee of the whole he may debate
all questions, and shall cast the deciding vote on equal division in the senate and on
joint vote of both houses.
Source: Const. of 1875, Art. V, Secs. 1, 15.

Section 11(a). Order of succession to governorship, when.—If the governor-elect

dies before taking office, the lieutenant governor-elect shall take the term of the gover-
nor-elect. On the death, conviction or impeachment, or resignation of the governor, the
lieutenant governor shall become governor for the remainder of the term. If there be no
lieutenant governor the president pro tempore of the senate, the speaker of the house,
the secretary of state, the state auditor, the state treasurer or the attorney general in suc-
cession shall become governor. On the failure to qualify, absence from the state or other
disability of the governor, the powers, duties and emoluments of the governor shall
devolve upon the lieutenant governor for the remainder of the term or until the disabil-
ity is removed. If there be no lieutenant governor, or for any of said causes the lieu-
tenant governor is incapable of acting, the president pro tempore of the senate, the
speaker of the house, the secretary of state, the state auditor, the state treasurer, and the
attorney general in succession shall act as governor until the disability is removed.
Source: Const. of 1875, Art. V, Secs. 16, 17. (Adopted August 6, 1968)

Section 11(b). Governor’s declaration of disability, effect of—disability board,

membership, duties—governor to resume office, when—disputed illness, supreme
court to decide.—Whenever the governor transmits to the president pro tempore of the
senate and the speaker of the house of representatives his written declaration that he is
unable to discharge the powers and duties of his office, and until he transmits to them
a written declaration to the contrary, such powers and duties shall be discharged by the
lieutenant governor, or if there be no lieutenant governor, by the president pro tempore
of the senate, the speaker of the house, secretary of state, the state auditor, the state
treasurer, or the attorney general in succession, as acting governor. Whenever a major-
ity of a disability board comprised of the lieutenant governor, the secretary of state, the
state auditor, the state treasurer, the attorney general, president pro tempore of the sen-
ate, the speaker of the house of representatives, the majority floor leader of the senate,
and majority floor leader of the house, transmits to the president pro tempore of the
senate and the speaker of the house of representatives their written declaration that the
governor is unable to discharge the powers and duties of his office, the lieutenant gov-
ernor, or if there be no lieutenant governor, the president pro tempore of the senate, the
speaker of the house, the secretary of state, the state auditor, the state treasurer or the
attorney general in succession, shall immediately assume the powers and duties of the
office as acting governor. Thereafter when the governor transmits to the disability
board his written declaration that no inability exists, he shall resume the powers and
duties of his office on the fourth day after he transmits such declaration unless a major-
ity of the disability board transmits their written declaration that the governor is unable
to discharge the powers and duties of his office to the supreme court within that four
day period, and the supreme court shall then convene to decide the issue. If the supreme
Art. IV § 11(c) CONSTITUTION OF MISSOURI 56

court within twenty-one days after receipt of such declaration, determines by a major-
ity vote of all members thereof that the governor is unable to discharge the powers and
duties of his office, the acting governor shall continue to discharge the same as acting
governor; otherwise, the governor shall resume the powers and duties of his office.
(Adopted August 6, 1968)

Section 11(c). Acting as governor not to vacate regular office.—If any state offi-
cer other than the lieutenant governor is acting as governor, his regular elective office
shall not be deemed vacant and all duties of that office shall be performed by his chief
administrative assistant.
(Adopted August 6, 1968)

Section 12. Executive department, composition of—elective officials—depart-

ments and offices enumerated.—The executive department shall consist of all state
elective and appointive officials and employees except officials and employees of the
legislative and judicial departments. In addition to the governor and lieutenant gover-
nor there shall be a state auditor, secretary of state, attorney general, a state treasurer,
an office of administration, a department of agriculture, a department of conservation,
a department of natural resources, a department of elementary and secondary educa-
tion, a department of higher education, a department of highways and transportation, a
department of insurance, a department of labor and industrial relations, a department
of economic development, a department of public safety, a department of revenue, a
department of social services, and a department of mental health. In addition to the
elected officers, there shall not be more than fifteen departments and the office of
administration. The general assembly may create by law two departments, in addition
to those named, provided that the departments shall be headed by a director or com-
mission appointed by the governor on the advice and consent of the senate. The direc-
tor or commission shall have administrative responsibility and authority for the depart-
ment created by law. Unless discontinued all present or future boards, bureaus, com-
missions and other agencies of the state exercising administrative or executive author-
ity shall be assigned by law or by the governor as provided by law to the office of
administration or to one of the fifteen administrative departments to which their respec-
tive powers and duties are germane.
(Amended August 8, 1972) (Amended November 6, 1979) (Amended August 7, 1984) (Amended August 7, 1990)

Section 13. State auditor—qualifications and duties—limitations on duties.—

The state auditor shall have the same qualifications as the governor. He shall establish
appropriate systems of accounting for all public officials of the state, post-audit the
accounts of all state agencies and audit the treasury at least once annually. He shall
make all other audits and investigations required by law, and shall make an annual
report to the governor and general assembly. He shall establish appropriate systems of
accounting for the political subdivisions of the state, supervise their budgeting systems,
and audit their accounts as provided by law. No duty shall be imposed on him by law
which is not related to the supervising and auditing of the receipt and expenditure of
public funds.
Section 14. Secretary of state—duties—state seal—official register—limitation
on duties.—The secretary of state shall be custodian of the seal of the state, and
authenticate therewith all official acts of the governor except the approval of laws. The
seal shall be called the “Great Seal of the State of Missouri,” and its present emblems
and devices shall not be subject to change. He shall keep a register of the official acts
of the governor, attest them when necessary, and when required shall lay copies there-
57 EXECUTIVE DEPARTMENT Art. IV § 15

of, and of all papers relative thereto, before either house of the general assembly. He
shall be custodian of such records, and documents and perform such duties in relation
thereto, and in relation to elections and corporations, as provided by law, but no duty
shall be imposed on him by law which is not related to his duties as prescribed in this
constitution.
Source: Const. of 1875, Art. V, Secs. 20, 21.

Section 15. State treasurer—duties—custody, investment and deposit of state

funds—duties limited—nonstate funds to be in custody and invested by depart-
ment of revenue—nonstate funds defined.—The state treasurer shall be custodian of
all state funds and funds received from the United States government. The department
of revenue shall take custody of and invest nonstate funds as defined herein, and other
moneys authorized to be held by the department of revenue. All revenue collected and
moneys received by the state which are state funds or funds received from the United
States government shall go promptly into the state treasury. All revenue collected and
moneys received by the department of revenue which are nonstate funds as defined
herein shall be promptly credited to the fund provided by law for that type of money.
Immediately upon receipt of state or United States funds the state treasurer shall
deposit all moneys in the state treasury in banking institutions selected by him and
approved by the governor and state auditor, and he shall hold them for the benefit of
the respective funds to which they belong and disburse them as provided by law. Unless
otherwise provided by law, all interest received on nonstate funds shall be credited to
such funds. The state treasurer shall determine by the exercise of his best judgment the
amount of moneys in his custody that are not needed for current expenses and shall
place all such moneys on time deposit, bearing interest, in banking institutions in this
state selected by the state treasurer and approved by the governor and state auditor or
in obligations of the United States government or any agency or instrumentality there-
of maturing and becoming payable not more than five years from the date of purchase.
In addition the treasurer may enter into repurchase agreements maturing and becoming
payable within ninety days secured by United States Treasury obligations or obliga-
tions of United States government agencies or instrumentalities of any maturity, as pro-
vided by law. The treasurer may also invest in banker’s acceptances issued by domes-
tic commercial banks possessing the highest rating issued by a nationally recognized
rating agency and in commercial paper issued by domestic corporations which has
received the highest rating issued by a nationally recognized rating agency. Investments
in banker’s acceptances and commercial paper shall mature and become payable not
more than one hundred eighty days from the date of purchase, maintain the highest rat-
ing throughout the duration of the investment and meet any other requirements provid-
ed by law. The state treasurer shall prepare, maintain and adhere to a written investment
policy which shall include an asset allocation plan limiting the total amount of state
money which may be invested in each investment category authorized by this section.
The investment and deposit of state, United States and nonstate funds shall be subject
to such restrictions and requirements as may be prescribed by law. Banking institutions
in which state and United States funds are deposited by the state treasurer shall give
security satisfactory to the governor, state auditor and state treasurer for the safekeep-
ing and payment of the deposits and interest thereon pursuant to deposit agreements
made with the state treasurer pursuant to law. No duty shall be imposed on the state
treasurer by law which is not related to the receipt, investment, custody and disburse-
ment of state funds and funds received from the United States government. As used in
the section, the term “banking institutions” shall include banks, trust companies, sav-
Art. IV § 16 CONSTITUTION OF MISSOURI 58

ings and loan associations, credit unions, production credit associations authorized by
act of the United States Congress, and other financial institutions which are authorized
by law to accept funds for deposit or which in the case of production credit associa-
tions, issues securities. As used in this section, the term “nonstate funds” shall include
all taxes and fees imposed by political subdivisions and collected by the department of
revenue; all taxes which are imposed by the state, collected by the department of rev-
enue and distributed by the department of revenue to political subdivisions; and all
other moneys which are hereafter designated as “nonstate funds” to be administered by
the department of revenue.
Source: Const. of 1875, Art. IV, Sec. 43, Art. X, Sec. 15. (Amended November 6, 1956) (Amended August 5, 1986)
(Amended November 3, 1998)

Section 16. Filing of administrative rules and regulations.—All rules and regu-
lations of any board or other administrative agency of the executive department, except
those relating to its organization and internal management, shall take effect not less
than ten days after the filing thereof in the office of the secretary of state.
Section 17. Elective state officers—time of election and terms—limitation on
reelection—selection of department heads—removal and qualifications of
appointive officers.—The governor, lieutenant governor, secretary of state, state treas-
urer and attorney general shall be elected at the presidential elections for terms of four
years each. The state auditor shall be elected for a term of two years at the general elec-
tion in the year 1948, and his successors shall be elected for terms of four years. No
person shall be elected governor or treasurer more than twice, and no person who has
held the office of governor or treasurer, or acted as governor or treasurer, for more than
two years of a term to which some other person was elected to the office of governor
or treasurer shall be elected to the office of governor or treasurer more than once. The
heads of all the executive departments shall be appointed by the governor, by and with
the advice and consent of the senate. All appointive officers may be removed by the
governor and shall possess the qualifications required by this constitution or by law.
Source: Const. of 1875, Art. V, Sec. 2. (Amended August 4, 1970)

Section 18. Election returns—board of state canvassers—time of meeting and

duties—requirement for election—tie votes.—The returns of every election for gov-
ernor, lieutenant governor, secretary of state, state auditor, state treasurer and attorney
general shall be sealed and transmitted by the returning officers to the secretary of
state, who shall appoint two disinterested judges of a court of record of the state, and
the three shall constitute a board of state canvassers. The board shall meet at the state
capitol on, or at the call of the secretary of state before, the second Tuesday of
December next after the election and forthwith open and canvass the returns of the
votes cast and from the face thereof ascertain and proclaim the result of the election.
The persons having the highest number of votes for the respective offices shall be
declared elected, and if two or more persons have an equal and the highest number of
votes for the same office, at its next regular session the general assembly, by joint vote
and without delay, shall choose one of such persons for the office.
Source: Const. of 1875, Art. V, Sec. 3. (Amended November 7, 1978)

Section 19. Department personnel—selection and removal—merit system—

veterans’ preference.—The head of each department may select and remove all
appointees in the department except as otherwise provided in this constitution, or by
law. All employees in the state eleemosynary and penal institutions, and other state
employees as provided by law, shall be selected on the basis of merit, ascertained as
59 EXECUTIVE DEPARTMENT Art. IV § 26

nearly as practicable by competitive examinations; provided that any honorably dis-

charged member of the armed services of the United States who is a citizen of this state
shall have preference in examination and appointment as prescribed by law.
(Amended October 5, 1971)

Section 20. Location of executive and administrative offices.—The executive and

administrative officials and departments herein provided for shall establish their prin-
cipal offices and keep all necessary public records, books and papers at the City of
Jefferson.
Source: Const. of 1875, Art. V, Sec. 1.

Section 21. Limitation on changes of salaries—fees, costs.—The officers named

in this article shall receive for their services salaries fixed by law, which shall not be
increased or diminished during their terms. After the expiration of the terms of those
now in office the officers named shall not receive to their own use any fees, costs,
perquisites of office or other compensation, and all fees provided by law for any serv-
ice performed by them shall be paid in advance into the state treasury.
Source: Const. of 1875, Art. V, Sec. 25.

REVENUE
Section 22. Department of revenue, duties of—director, appointment of.—The
department of revenue shall be in charge of a director of revenue appointed by the gov-
ernor, by and with the advice and consent of the senate. The department shall have divi-
sions as provided by law. The department shall collect all taxes and fees payable to the
state as provided by law.
(Amended November 4, 1958) (Amended August 8, 1972)

Section 23. Fiscal year—limitations on appropriations—specification of

amount and purpose.—The fiscal year of the state and all its agencies shall be the
twelve months beginning on the first day of July in each year. The general assembly
shall make appropriations for one or two fiscal years, and the sixty-third general assem-
bly shall also make appropriations for the six months ending June 30, 1945. Every
appropriation law shall distinctly specify the amount and purpose of the appropriation
without reference to any other law to fix the amount or purpose.
Source: Const. of 1875, Art. X, Sec. 19.

Section 24. Governor’s budget and recommendations as to revenue.—The gov-

ernor shall, within thirty days after it convenes in each regular session, submit to the
general assembly a budget for the ensuing appropriation period, containing the estimat-
ed available revenues of the state and a complete and itemized plan of proposed expen-
ditures of the state and all its agencies, together with his recommendations of any laws
necessary to provide revenues sufficient to meet the expenditures.
Source: Const. of 1875, Art. V, Sec. 13.

Section 25. Limitation of governor’s budget on power of appropriations.—Until

it acts on all the appropriations recommended in the budget, neither house of the gen-
eral assembly shall pass any appropriation other than emergency appropriations recom-
mended by the governor.
Section 26. Power of partial veto of appropriation bills—procedure—lim-
itations.—The governor may object to one or more items or portions of items of appro-
Art. IV §27 CONSTITUTION OF MISSOURI 60

priation of money in any bill presented to him, while approving other portions of the
bill. On signing it he shall append to the bill a statement of the items or portions of
items to which he objects and such items or portions shall not take effect. If the gener-
al assembly be in session he shall transmit to the house in which the bill originated a
copy of the statement, and the items or portions objected to shall be reconsidered sep-
arately. If it be not in session he shall transmit the bill within forty-five days to the
office of the secretary of state with his approval or reasons for disapproval. The gover-
nor shall not reduce any appropriation for free public schools, or for the payment of
principal and interest on the public debt.
Source: Const. of 1875, Art. V, Sec. 13.

Section 27. Power of governor to control rate of and reduce expenditures.—The

governor may control the rate at which any appropriation is expended during the peri-
od of the appropriation by allotment or other means, and may reduce the expenditures
of the state or any of its agencies below their appropriations whenever the actual rev-
enues are less than the revenue estimates upon which the appropriations were based.
Section 27(a). Budget Reserve Fund established—investment—excess transfer
to general revenue, when.—1. There is hereby established within the state treasury a
fund to be known as the “Budget Reserve Fund”. The balances in the cash operating
reserve fund and the budget stabilization fund shall be transferred to the budget reserve
fund.
2. The commissioner of administration may, throughout any fiscal year, transfer
amounts from the budget reserve fund to the general revenue fund or any other state
fund without other legislative action if he determines that such amounts are necessary
for the cash requirements of this state. Such transfers shall be deemed “cash operating
transfers”.
3. The commissioner of administration shall transfer from the general revenue fund
or other recipient fund to the budget reserve fund an amount equal to the cash operat-
ing transfer received by such fund pursuant to subsection 2 of this section, together
with the interest that would have been earned on such amount, prior to May sixteenth
of the fiscal year in which the transfer was made. No cash operating transfers out of
the budget reserve fund may be made after May fifteenth of any fiscal year.
4. Funds in the budget reserve fund shall be invested by the treasurer in the same
manner as other state funds are invested. Interest earned on such investments shall be
credited to the budget reserve fund. Subject to the provisions of subsection 7 of this
section, the unexpended balance in the budget reserve fund at the close of any fiscal
year shall remain in the fund.
5. In any fiscal year in which the governor reduces the expenditures of the state or
any of its agencies below their appropriations in accordance with section 27 of this arti-
cle, or in which there is a budget need due to a disaster, as proclaimed by the governor
to be an emergency, the general assembly, upon a request by the governor for an emer-
gency appropriation and by a two-thirds vote of the members elected to each house,
may appropriate funds from the budget reserve fund to fulfill the expenditures author-
ized by any of the existing appropriations which were affected by the governor’s deci-
sion to reduce expenditures pursuant to section 27 of this article or to meet budget
needs due to the disaster. Such expenditures shall be deemed to be for “budget stabi-
lization purposes”. The maximum amount which may be appropriated at any one time
for such budget stabilization purposes shall be one-half of the sum of the balance in the
fund and any amounts appropriated or otherwise owed to the fund, less all amounts
61 EXECUTIVE DEPARTMENT Art. IV § 27(b)

owed to the fund for budget stabilization purposes but not yet appropriated for repay-
ment to the fund.
6. One-third of the amount transferred or expended from the budget reserve fund for
budget stabilization purposes during any fiscal year, together with interest that would
otherwise have been earned on such amount, shall stand appropriated to the budget
reserve fund during each of the next three fiscal years, and such amount, and any addi-
tional amounts which may be appropriated for that purpose, shall be transferred from
the fund which received such transfer to the budget reserve fund by the fifteenth day of
the fiscal year for each of the next three fiscal years or until the full amount, plus inter-
est, has been returned to the budget reserve fund. The maximum amount, which may
be outstanding at any one time and subject to repayment to the budget reserve fund for
budget stabilization purposes shall be one-half of the sum of the balance in the fund
and all outstanding amounts appropriated or otherwise owed to the fund.
7. If the balance in the budget reserve fund at the close of any fiscal year exceeds
seven and one-half percent of the net general revenue collections for the previous fis-
cal year, the commissioner of administration shall transfer that excess amount to the
general revenue fund unless such excess balance is as a result of direct appropriations
made by the general assembly for the purpose of increasing the balance of the fund;
provided, however, that if the balance in the fund at the close of any fiscal year exceeds
ten percent of the net general revenue collections for the previous fiscal year, the com-
missioner of administration shall transfer the excess amount to the general revenue
fund notwithstanding any specific appropriations made to the fund. For purposes of
this section, “net general revenue collections” means all revenue deposited into the
general revenue fund less refunds and revenues originally deposited into the general
revenue fund but designated by law for a specific distribution or transfer to another
state fund.
8. If the sum of the ending balance of the budget reserve fund in any fiscal year and
any amounts owed to the fund pursuant to subsection 6 of this section is less than seven
and one-half percent of the net general revenue collections for the same year, the dif-
ference shall stand appropriated and shall be transferred from the general revenue fund
to the budget reserve fund by the fifteenth day of the succeeding fiscal year.
(Amended November 7, 2000)

Section 27(b). Facilities maintenance and review fund created, purpose—state

facilities, defined—transfer of monies into fund, reduction or elimination of trans-
fer by governor.—1. The “Facilities Maintenance Reserve Fund” is hereby created in
the state treasury for use in maintaining, repairing and renovating state facilities. “State
facilities” shall include all improvements to real property owned by the state except
real property owned or possessed by the conservation and highways and transportation
commissions, including bridges and highways constructed pursuant to article IV, sec-
tion 29.
2. Beginning July 1, 1997, moneys shall be transferred from the general revenue
fund to the facilities maintenance reserve fund. The amount transferred in fiscal year
1998 shall be equal to one-tenth of one percent of net general revenue collections of
fiscal year 1997. During each succeeding fiscal year the percentage of the immediate-
ly preceding fiscal year’s net general revenue collections to be transferred to the facil-
ities maintenance reserve fund shall be increased by one-tenth of one percent, until the
total percentage transferred equals one percent of the net general revenue collections
for the immediately preceding fiscal year. Each year thereafter one percent of the net
general revenue collections for the immediately preceding fiscal year shall be trans-
Art. IV § 28 CONSTITUTION OF MISSOURI 62

ferred to the facilities maintenance reserve fund; provided, however, that the governor
may reduce or eliminate the amount of this transfer during any fiscal year in which he
exercised his right to reduce expenditures pursuant to article IV, section 27, or during
the next succeeding fiscal year after he exercised such power. The general assembly
may also appropriate other moneys to the fund.
3. Moneys in the facilities maintenance reserve fund shall be invested by the state
treasurer in the same manner as other state funds are invested. Interest earned on such
investments shall be credited to the facilities reserve maintenance fund.
4. The general assembly may appropriate moneys from the fund to be used for main-
tenance, repair or renovation of state facilities.
(Adopted November 5, 1996)

Section 28. Treasury withdrawals, how made, certified how—appropriation,

period of.—No money shall be withdrawn from the state treasury except by warrant
drawn in accordance with an appropriation made by law, nor shall any obligation for
that payment of money be incurred unless the commissioner of administration certifies
it for payment and certifies that the expenditure is within the purpose as directed by the
general assembly of the appropriation and that there is in the appropriation an unen-
cumbered balance sufficient to pay it. At the time of issuance each such certification
shall be entered on the general accounting books as an encumbrance on the appropria-
tion. No appropriation shall confer authority to incur an obligation after the termina-
tion of the fiscal period to which it relates, and every appropriation shall expire six
months after the end of the period for which made.
(Amended November 4, 1958) (Amended August 8, 1972)

HIGHWAYS AND TRANSPORTATION

Section 29. Highways and transportation commission—qualifications of mem-
bers and employees—authority over state highways and other transportation pro-
grams.—The highways and transportation commission shall be in charge of the
department of transportation. The number, qualifications, compensation and terms of
the members of the highways and transportation commission shall be fixed by law, and
not more than one-half of its members shall be of the same political party. The selec-
tion and removal of all employees shall be without regard to political affiliation. The
highways and transportation commission (i) shall have authority over the state highway
system; (ii) shall have authority over all other transportation programs and facilities as
provided by law, including, but not limited to, aviation, railroads, mass transportation,
ports, and waterborne commerce; and (iii) shall have authority to limit access to, from
and across state highways and other transportation facilities where the public interests
and safety may require. All references to the highway commission and the department
of highways in this constitution and in the statutes shall mean the highways and trans-
portation commission and the department of transportation.
Source: Const. of 1875, Art. IV, 44a. (Amended November 6, 1928) (Amended November 6, 1979) (Amended by
Initiative November 2, 2004)

Section 30(a). Apportionment of motor vehicle fuel tax—director of revenue

responsible for apportionment—limitation on local fuel taxes—fuel taxes not part
of total state revenues or expenses of state government.—1. A tax upon or measured
by fuel used for propelling highway motor vehicles shall be levied and collected as pro-
vided by law. Any amount of the tax collected with respect to fuel not used for pro-
pelling highway motor vehicles shall be refunded by the state in the manner provided
63 EXECUTIVE DEPARTMENT Art. IV § 30(a)

by law. The remaining net proceeds of the tax, after deducting actual costs of collec-
tion of the department of revenue (but after June 30, 2005, not more than three percent
of the amount collected) and refunds for overpayments and erroneous payments of
such tax as permitted by law, shall be apportioned and distributed between the coun-
ties, cities and the state highways and transportation commission as hereinafter provid-
ed and shall stand appropriated without legislative action for the following purposes:
(1) Ten percent of the remaining net proceeds shall be deposited in a special trust
fund known as the “County Aid Road Trust Fund”. In addition, beginning July 1, 1994,
an additional five percent of the remaining net proceeds which is derived from the dif-
ference between the amount received from a tax rate equal to the tax rate in effect on
March 31, 1992, and the tax rate in effect on and after July 1, 1994, shall also be
deposited in the county aid road trust fund, and of such moneys generated by this addi-
tional five percent, five percent shall be apportioned and distributed solely to cities not
within any county in this state. After such distribution to cities not within any county,
the remaining proceeds in the county aid road trust fund shall be apportioned and dis-
tributed to the various counties of the state on the following basis: One-half on the ratio
that the county road mileage of each county bears to the county road mileage of the
entire state as determined by the last available report of the state highways and trans-
portation commission and one-half on the ratio that the rural land valuation of each
county bears to the rural land valuation of the entire state as determined by the last
available report of the state tax commission, except that county road mileage in incor-
porated villages, towns or cities and the land valuation in incorporated villages, towns
or cities shall be excluded in such determination, except that, if the assessed valuation
of rural lands in any county is less than five million dollars, the county shall be treated
as having an assessed valuation of five million dollars. The funds apportioned and dis-
tributed to each county shall be dedicated, used and expended by the county solely for
the construction, reconstruction, maintenance and repairs of roads, bridges and high-
ways, and subject to such other provisions and restrictions as provided by law. The
moneys generated by the additional five percent of the remaining net proceeds which
is derived from the difference between the amount received from a tax rate equal to the
tax rate in effect on March 31, 1992, and the tax rate in effect on and after July 1, 1994,
shall not be used or expended for equipment, machinery, salaries, fringe benefits or
capital improvements, other than roads and bridges. In counties having the township
form of county organization, the funds distributed to such counties shall be expended
solely under the control and supervision of the county commission, and shall not be
expended by the various townships located within such counties. “Rural land” as used
in this section shall mean all land located within any county, except land in incorporat-
ed villages, towns, or cities.
(2) Fifteen percent of the remaining net proceeds shall be apportioned and distrib-
uted to the various incorporated cities, towns and villages within the state solely for
construction, reconstruction, maintenance, repair, policing, signing, lighting and clean-
ing roads and streets and for the payment of principal and interest on indebtedness on
account of road and street purposes, and the use thereof being subject to such other pro-
visions and restrictions as provided by law. The amount apportioned and distributed to
each city, town or village shall be based on the ratio that the population of the city, town
or village bears to the population of all incorporated cities, towns or villages in the state
having a like population, as shown by the last federal decennial census, provided that
any city, town or village which had a motor fuel tax prior to the adoption of this sec-
tion shall annually receive not less than an amount equal to the net revenue derived
therefrom in the year 1960; and
Art. IV § 30(b) CONSTITUTION OF MISSOURI 64

(3) All the remaining net proceeds in excess of the distributions to counties, and to
cities, towns and villages under this section shall be apportioned, distributed and
deposited in the state road fund and shall be expended and used solely as provided in
subsection 1 of section 30(b) of Article IV of this Constitution.
2. The director of revenue of the state shall make the apportionment, distribution and
deposit of the funds monthly in the manner required hereby.
3. Except for taxes or licenses which may be imposed uniformly on all merchants
or manufacturers based upon sales, or which uniformly apply ad valorem to the stocks
of merchants or manufacturers, no political subdivision in this state shall collect any
tax, excise, license or fee upon, measured by or with respect to the importation, receipt,
manufacture, storage, transportation, sale or use, on or after the first day of the month
next following the adoption of this section of fuel used for propelling motor vehicles,
unless the tax, excise, license or fee is approved by a vote of the people of any city,
town or village subsequent to the adoption of this section, by a two- thirds majority.
All funds collected shall be used solely for construction, reconstruction, maintenance,
repair, policing, signing, lighting, and cleaning roads and streets and for the payment
and interest on indebtedness incurred on account of road and street purposes.
4. The net proceeds of fuel taxes apportioned, distributed and deposited under this
section to the state road fund, counties, cities, towns and villages shall not be included
within the definition of “total state revenues” in section 17 of article X of this consti-
tution nor be considered as an “expense of state government” as that term is used in
section 20 of article X of this constitution.
(Adopted March 6, 1962) (Amended November 6, 1979) (Amended August 4, 1992) (Amended by Initiative November
2, 2004)
CROSS REFERENCE: Federal census results to be used for distribution of revenue, when, RSMo 66.351

Section 30(b). Source and application of state road fund—sales tax imposed on
sale of motor vehicles, apportionment, how, use of revenue—distribution of
increases—sales taxes not part of total state revenues or expenses of state govern-
ment.—1. For the purpose of constructing and maintaining an adequate system of con-
nected state highways all state revenue derived from highway users as an incident to
their use or right to use the highways of the state, including all state license fees and
taxes upon motor vehicles, trailers and motor vehicle fuels, and upon, with respect to,
or on the privilege of the manufacture, receipt, storage, distribution, sale or use there-
of (excepting those portions of the sales tax on motor vehicles and trailers which are
not distributed to the state road fund pursuant to subsection 2 of this section 30(b) and
further excepting all property taxes), less the (1) actual cost of collection of the depart-
ment of revenue (but not to exceed three percent of the particular tax or fee collected),
(2) actual cost of refunds for overpayments and erroneous payments of such taxes and
fees and maintaining retirement programs as permitted by law and (3) actual cost of the
state highway patrol in administering and enforcing any state motor vehicle laws and
traffic regulations, shall be deposited in the state road fund which is hereby created
within the state treasury and stand appropriated without legislative action to be used
and expended by the highways and transportation commission for the following pur-
poses, and no other:
First, to the payment of the principal and interest on any outstanding state road
bonds. The term state road bonds in this section 30(b) means any bonds or refunding
bonds issued by the highways and transportation commission to finance or refinance
the construction or reconstruction of the state highway system.
65 EXECUTIVE DEPARTMENT Art. IV § 30(b)

Second, to maintain a balance in the state road fund in the amount deemed neces-
sary to meet the payment of the principal and interest of any state road bonds for the
next succeeding twelve months.
The remaining balance in the state road fund shall be used and expended in the sole
discretion of and under the supervision and direction of the highways and transporta-
tion commission for the following state highway system uses and purposes and no
other:
(1) To complete and widen or otherwise improve and maintain the state highway
system heretofore designated and laid out under existing laws;
(2) To reimburse the various counties and other political subdivisions of the state,
except incorporated cities and towns, for money expended by them in the construction
or acquisition of roads and bridges now or hereafter taken over by the highways and
transportation commission as permanent parts of the state highway system, to the
extent of the value to the state of such roads and bridges at the time taken over, not
exceeding in any case the amount expended by such counties and subdivisions in the
construction or acquisition of such roads and bridges, except that the highways and
transportation commission may, in its discretion, repay, or agree to repay, any cash
advanced by a county or subdivision to expedite state road construction or improve-
ment;
(3) In the discretion of the commission to plan, locate, relocate, establish, acquire,
construct and maintain the following:
(a) interstate and primary highways within the state;
(b) supplementary state highways and bridges in each county of the state;
(c) state highways and bridges in, to and through state parks, public areas and reser-
vations, and state institutions now or hereafter established to connect the same with the
state highways, and also national, state or local parkways, travelways, tourways, with
coordinated facilities;
(d) any tunnel or interstate bridge or part thereof, where necessary to connect the
state highways of this state with those of other states;
(e) any highway within the state when necessary to comply with any federal law or
requirement which is or shall become a condition to the receipt of federal funds;
(f) any highway in any city or town which is found necessary as a continuation of
any state or federal highway, or any connection therewith, into and through such city
or town; and
(g) additional state highways, bridges and tunnels, either in congested traffic areas
of the state or where needed to facilitate and expedite the movement of through traffic.
(4) To acquire materials, equipment and buildings and to employ such personnel as
necessary for the purposes described in this subsection 1; and
(5) For such other purposes and contingencies relating and appertaining to the con-
struction and maintenance of such state highway system as the highways and trans-
portation commission may deem necessary and proper.
2. (1) The state sales tax upon the sale of motor vehicles, trailers, motorcycles,
mopeds and motortricycles at the rate provided by law on November 2, 2004, is levied
and imposed by this section until the rate is changed by law or constitutional amend-
ment.
(2) One-half of the proceeds from the state sales tax on all motor vehicles, trailers,
motorcycles, mopeds and motortricycles shall be dedicated for highway and transporta-
tion use and shall be apportioned and distributed as follows: ten percent to the coun-
ties, fifteen percent to the cities, two percent to be deposited in the state transportation
fund, which is hereby created within the state treasury to be used in a manner provid-
Art. IV § 30(b) CONSTITUTION OF MISSOURI 66

ed by law and seventy-three percent to be deposited in the state road fund. The
amounts apportioned and distributed to the counties and cities shall be further allocat-
ed and used as provided in section 30(a) of this article. The amounts allocated and dis-
tributed to the highways and transportation commission for the state road fund shall be
used as provided in subsection 1 of this section 30(b). The sales taxes which are appor-
tioned and distributed pursuant to this subdivision (2) shall not include those taxes
levied and imposed pursuant to sections 43(a) or 47(a) of this article. The term “pro-
ceeds from the state sales tax” as used in this subdivision (2) shall mean and include
all revenues received by the department of revenue from the said sales tax, reduced
only by refunds for overpayments and erroneous payments of such tax as permitted by
law and actual costs of collection by the department of revenue (but not to exceed three
percent of the amount collected).
(3) (i) From and after July 1, 2005, through June 30, 2006, twenty-five percent of
the remaining one-half of the proceeds of the state sales tax on all motor vehicles, trail-
ers, motorcycles, mopeds and motortricycles which is not distributed by subdivision (2)
of subsection 2 of this section 30(b) shall be deposited in the state road bond fund
which is hereby created within the state treasury; (ii) from and after July 1, 2006,
through June 30, 2007, fifty percent of the aforesaid one-half of the proceeds of the
state sales tax on all motor vehicles, trailers, motorcycles, mopeds and motortricycles
which is not distributed by subdivision (2) of subsection 2 of this section 30(b) shall be
deposited in the state road bond fund; (iii) from and after July 1, 2007, through June
30, 2008, seventy-five percent of the aforesaid one- half of the proceeds of the state
sales tax on all motor vehicles, trailers, motorcycles, mopeds and motortricycles which
is not distributed by subdivision (2) of subsection 2 of this section 30(b) shall be
deposited in the state road bond fund; and (iv) from and after July 1, 2008, one hun-
dred percent of the aforesaid one-half of the proceeds of the state sales tax on all motor
vehicles, trailers, motorcycles, mopeds and motortricycles which is not distributed by
subdivision (2) of subsection 2 of this section 30(b) shall be deposited in the state road
bond fund. Moneys deposited in the state road bond fund are hereby dedicated to and
shall only be used to fund the repayment of bonds issued by the highways and trans-
portation commission to fund the construction and reconstruction of the state highway
system or to fund refunding bonds, except that after January 1, 2009, that portion of the
moneys in the state road bond fund which the commissioner of administration and the
highways and transportation commission each certify is not needed to make payments
upon said bonds or to maintain an adequate reserve for making future payments upon
said bonds may be appropriated to the state road fund. The highways and transporta-
tion commission shall have authority to issue state road bonds for the uses set forth in
this subdivision (3). The net proceeds received from the issuance of such bonds shall
be paid into the state road fund and shall only be used to fund construction or recon-
struction of specific projects for parts of the state highway system as determined by the
highways and transportation commission. The moneys deposited in the state road bond
fund shall only be withdrawn by appropriation pursuant to this constitution. No obli-
gation for the payment of moneys so appropriated shall be paid unless the commission-
er of administration certifies it for payment and further certifies that the expenditure is
for a use which is specifically authorized by the provisions of this subdivision (3). The
proceeds of the sales tax which are subject to allocation and deposit into the state road
bond fund pursuant to this subdivision (3) shall not include the proceeds of the sales
tax levied and imposed pursuant to sections 43(a) or 47(a) of this article nor shall they
include the proceeds of that portion of the sales tax apportioned, distributed and dedi-
cated to the school district trust fund on November 2, 2004. The term “proceeds from
67 EXECUTIVE DEPARTMENT Art. IV § 30(d)

the state sales tax” as used in this subdivision (3) shall mean and include all revenues
received by the department of revenue from the said sales tax, reduced only by refunds
for overpayments and erroneous payments of such tax as permitted by law and actual
costs of collection by the department of revenue (but not to exceed three percent of the
amount collected).
3. After January 1, 1980, any increase in state license fees and taxes on motor vehi-
cles, trailers, motorcycles, mopeds and motortricycles other than those taxes distributed
pursuant to subsection 2 of this section 30(b) shall be distributed as follows: ten per-
cent to the counties, fifteen percent to the cities and seventy-five percent to be deposit-
ed in the state road fund. The amounts distributed shall be apportioned and distributed
to the counties and cities as provided in section 30(a) of this article, to be used for high-
way purposes.
4. The moneys apportioned or distributed under this section to the state road fund,
the state transportation fund, the state road bond fund, counties, cities, towns or vil-
lages shall not be included within the definition of “total state revenues” as that term is
used in section 17 of Article X of this constitution nor be considered as an “expense of
state government” as that term is used in section 20 of article X of this constitution.
(Adopted March 6, 1962) (Amended November 6, 1979) (Amended by Initiative November 2, 2004)

Section 30(c). Transportation programs and facilities, administration of by

commission, use of moneys.—The highways and transportation commission shall
have authority to plan, locate, relocate, establish, acquire, construct, maintain, control,
and as provided by law to operate, develop and fund public transportation facilities as
part of any state transportation system or program such as but not limited to aviation,
mass transportation, transportation of elderly and handicapped, railroads, ports, water-
borne commerce and intermodal connections, provided that funds other than those des-
ignated or dedicated for highway purposes in or deposited in the state road fund or the
state road bond fund pursuant to sections 30(a) or 30(b) of this constitution are made
available for such purposes. No moneys which are distributed to the state transporta-
tion fund pursuant to section 30(b) shall be used for any purpose other than for trans-
portation purposes as provided in this section.
(Adopted November 6, 1979) (Amended November 2, 2004)

Section 30(d). Prohibition against diverting revenue for non-highway purpos-

es—severability of provisions—effective date.—1. No state revenues derived from
highway users which are to be allocated, distributed or deposited in the state road fund
pursuant to either section 30(a) or section 30(b) shall be diverted from the highway pur-
poses and uses specified in subsection 1 of section 30(b). No state revenues derived
from highway users which are to be allocated, distributed or deposited in the state road
bond fund pursuant to subdivision (3) of subsection 2 of section 30(b) shall be divert-
ed from the highway purposes and uses specified in said subdivision (3).
2. All of the provisions of sections 29, 30(a), 30(b), 30(c) and 30(d) shall be self exe-
cuting. All of the provisions of sections 29, 30(a), 30(b), 30(c) and 30(d) are severable.
If any provision of sections 29, 30(a), 30(b), 30(c) and 30(d) is found by a court of
competent jurisdiction to be unconstitutional or unconstitutionally enacted, the remain-
ing provisions of these sections shall be and remain valid.
3. The provisions of sections 29, 30(a), 30(b), 30(c) and 30(d) shall become effec-
tive on July 1, 2005.
(Adopted November 2, 2004)
Art. IV § 31 CONSTITUTION OF MISSOURI 68

Section 31. State highways in municipalities.—Any state highway authorized

herein to be located in any municipality may be constructed without limitations con-
cerning the distance between houses or other buildings abutting such highway or con-
cerning the width or type of construction. The commission may enter into contracts with
cities, counties or other political subdivisions for and concerning the maintenance of,
and regulation of traffic on any state highway within such cities, counties or subdivision.
Section 32. Apportionment of funds for supplementary state highways.—The
funds which are allotted by the commission to the construction or acquisition of sup-
plementary state highways and bridges in each of the counties of the state shall be
apportioned to the several counties as follows: One-fourth in the ratio that the area of
each county bears to the area of the state, one-fourth in the ratio of the population, and
two-fourths on such basis as the commission may deem to be for the best interest of
highway users; provided the areas and population of cities having a population of
150,000 or more shall not be considered in making such apportionment, and the latest
available United States decennial census shall be used; provided further, that if traffic
on any supplementary state highway becomes such that a higher type than ordinary
supplementary highway construction shall be required, then the commission may con-
struct such higher type and charge such extra cost to unallotted state highway funds.
Supplementary state highways shall be selected by mutual agreement of the commis-
sion and the local officials having charge of or jurisdiction over roads in the territory
through which such supplementary state highways are to be constructed.
Source: Const. of 1875, Art. IV, Sec. 44a (as adopted November 6, 1928).

Section 32(a).—(Repealed November 6, 1979, L. 1979 1st Reg. Sess. SS HCS

HJR 39, 40, 44 and 48 Sec. 1)
*Section 33. Retirement benefits not changed.—Any transfer of employees made
pursuant to the provisions of this article shall not affect or abridge any rights or bene-
fits accrued under any retirement system in which such employees are members on the
effective date of this article, and the employees may continue coverage under such
retirement system until otherwise provided by law.
(Adopted November 6, 1979)
*This section has no continuity with Section 33, amended August 8, 1972, and repealed by HJR 39, 40, 44 & 48, adopt-
ed November 6, 1979.

Section 34. Recognition of outstanding bonds—determination, certification

and collection of annual state highway bond tax.—All bonds issued under or recog-
nized by section 44a of article IV of the previous constitution, which remain unpaid
shall be valid obligations of the state and shall be paid according to the tenor thereof.
On or before the first day of July of each year the state auditor shall determine the rate
of taxation for that year necessary to raise the amount of money needed to pay the prin-
cipal and interest maturing in the next succeeding year, taking into consideration avail-
able funds, delinquencies and the cost of collection. The auditor shall annually certify
the rate of taxation so determined to the officer in each county whose duty it is to make
up and certify the tax books wherein are extended the state taxes. Said officers shall
extend upon the tax books the taxes to be collected and certify the same to the collec-
tor of revenue of their respective counties, who shall collect such taxes at the same time
and in the same manner and by the same means as are provided by law for the collec-
tion of state and county taxes, and pay the same into the state treasury.
Source: Const. of 1875, Art. IV, Sec. 44a (as adopted November 6, 1928).
69 EXECUTIVE DEPARTMENT Art. IV § 37

AGRICULTURE
Section 35. Agriculture, department of—director, how appointed—funds to be
provided, how.—The department of agriculture shall be in charge of a director appoint-
ed by the governor by and with the advice and consent of the senate. The general assem-
bly shall provide the department of agriculture with funds adequate for administration
of its functions; and shall enact such laws and provide such other appropriations as may
be required to protect, foster and develop the agricultural resources of the state.
(Amended August 8, 1972)

Section 36. Forestry and forest fires.—The general assembly may enact laws to
encourage forestry, and prevent and suppress forest fires on private lands.

ECONOMIC DEVELOPMENT
Section 36(a). Economic development, department of—duties of department—
director, how appointed.—The department of economic development shall be in
charge of a director appointed by the governor, by and with the advice and consent of
the senate. The department shall administer all programs provided by law relating to
the promotion of the economy of the state, the economic development of the state, trade
and business, and other activities and programs impacting on the economy of the state.
(Adopted August 8, 1972) (Amended August 7, 1984)

INSURANCE
Section 36(b). Department of insurance, established—director, appointment—
office of consumer affairs to be established within department, duties.—The
department of insurance shall be headed by a director of the department of insurance
who shall be appointed by the governor with the advice and consent of the senate. The
organization and duties of the department of insurance shall be determined by law. All
references to the division of insurance and the insurance division in this constitution
and in the statutes shall mean the department of insurance. There shall be an office of
consumer affairs within the department of insurance to investigate in conjunction with
other personnel of the department all allegations of unfair or unlawful acts by any per-
son or entity whose activities are regulated by the department of insurance.
(Adopted August 7, 1990)

SOCIAL SERVICES
Section 37. Social services, department of—duties of department—director,
how appointed.—The health and general welfare of the people are matters of primary
public concern; and to secure them there shall be established a department of social
services in charge of a director appointed by the governor, by and with the advice and
consent of the senate, charged with promoting improved health and other social serv-
ices to the citizens of the state as provided by law, and the general assembly may grant
power with respect thereto to counties, cities or other political subdivisions of the state.
(Amended August 8, 1972)
Art. IV § 37(a) CONSTITUTION OF MISSOURI 70

MENTAL HEALTH
Section 37(a). Mental health, department of—duties of department—director,
how appointed.—The department of mental health shall be in charge of a director who
shall be appointed by the commission, as provided by law, and by and with the advice
and consent of the senate. The department shall provide treatment, care, education and
training for persons suffering from mental illness or retardation, shall have administra-
tive control of the state hospitals and other institutions and centers established for these
purposes and shall administer such other programs as provided by law.
(Adopted August 8, 1972)

Section 38.—(Repealed August 8, 1972, L. 1971 2nd Reg. Sess. HJR 65 Sec. 1)
Section 39. Cooperation with federal and other state governments.—In all mat-
ters of public welfare the general assembly may provide by law for cooperation with
the United States, or other states.

CONSERVATION
Section 40(a). Conservation commission, members, qualifications, terms, how
appointed—duties of commission—expenses of members.—The control, manage-
ment, restoration, conservation and regulation of the bird, fish, game, forestry and all
wildlife resources of the state, including hatcheries, sanctuaries, refuges, reservations
and all other property owned, acquired or used for such purposes and the acquisition
and establishment thereof, and the administration of all laws pertaining thereto, shall
be vested in a conservation commission consisting of four members appointed by the
governor, by and with the advice and consent of the senate, not more than two of whom
shall be of the same political party. The members shall have knowledge of and interest
in wildlife conservation. The members shall hold office for terms of six years begin-
ning on the first day of July of consecutive odd years. Two of the terms shall be con-
current; one shall begin two years before and one two years after the concurrent terms.
If the governor fails to fill a vacancy within thirty days, the remaining members shall
fill the vacancy for the unexpired term. The members shall receive no salary or other
compensation for their services as members, but shall receive their necessary traveling
and other expenses incurred while actually engaged in the discharge of their official
duties.
Source: Const. of 1875, Art. XIV, Sec. 16 (as adopted November 3, 1936) (Amended August 8, 1972)

Section 40(b). Incumbent members.—The members of the present conservation

commission shall serve out the terms for which they were appointed, with all their
powers and duties.
Section 41. Acquisition of property—eminent domain.—The commission may
acquire by purchase, gift, eminent domain, or otherwise, all property necessary, useful
or convenient for its purposes, and shall exercise the right of eminent domain as pro-
vided by law for the highway commission.
Source: Const. of 1875, Art. XIV, Sec. 16.

Section 42. Director of conservation and personnel of commission.—The com-

mission shall appoint a director of conservation who, with its approval, shall appoint
the assistants and other employees deemed necessary by the commission. The commis-
71 EXECUTIVE DEPARTMENT Art. IV § 43(c)

sion shall fix the qualifications and salaries of the director and all appointees and
employees, and none of its members shall be an appointee or employee.
Source: Const. of 1875, Art. XIV, Sec. 16.

Section 43(a). Sales tax, use for conservation purposes.—For the purpose of pro-
viding additional moneys to be expended and used by the conservation commission,
department of conservation, for the control, management, restoration, conservation and
regulation of the bird, fish, game, forestry and wildlife resources of the state, including
the purchase or other acquisition of property for said purposes, and for the administra-
tion of the laws pertaining thereto, an additional sales tax of one-eighth of one percent
is hereby levied and imposed upon all sellers for the privilege of selling tangible per-
sonal property or rendering taxable services at retail in this state upon the sales and
services which now are or hereafter are listed and set forth in, and, except as to the
amount of tax, subject to the provisions of and to be collected as provided in the “Sales
Tax Law’’ and subject to the rules and regulations promulgated in connection there-
with; and an additional use tax of one-eighth of one percent is levied and imposed for
the privilege of storing, using or consuming within this state any article of tangible per-
sonal property as set forth and provided in the “Compensating Use Tax Law” and,
except as to the amount of the tax, subject to the provisions of and to be collected as
provided in the “Compensating Use Tax Law” and subject to the rules and regulations
promulgated in connection therewith.
(Adopted November 2, 1976)

Section 43(b). Use of revenue and funds of conservation commission.—The mon-

eys arising from the additional sales and use taxes provided for in section 43(a) hereof
and all fees, moneys or funds arising from the operation and transactions of the conser-
vation commission, department of conservation, and from the application and the admin-
istration of the laws and regulations pertaining to the bird, fish, game, forestry and
wildlife resources of the state and from the sale of property used for said purposes, shall
be expended and used by the conservation commission, department of conservation, for
the control, management, restoration, conservation and regulation of the bird, fish, game,
forestry and wildlife resources of the state, including the purchase or other acquisition of
property for said purposes, and for the administration of the laws pertaining thereto, and
for no other purpose. The moneys and funds of the conservation commission arising from
the additional sales and use taxes provided for in 43(a) hereof shall also be used by the
conservation commission, department of conservation, to make payments to counties for
the unimproved value of land for distribution to the appropriate political subdivisions as
payment in lieu of real property taxes for privately owned land acquired by the commis-
sion after July 1, 1977 and for land classified as forest cropland in the forest cropland pro-
gram administered by the department of conservation in such amounts as may be deter-
mined by the conservation commission, but in no event shall the amount determined be
less than the property tax being paid at the time of purchase of acquired lands.
Source: Const. of 1875, Art. XIV, Sec. 16. (Amended November 2, 1976) (Amended November 4, 1980)

Section 43(c). Effective date—self-enforceability.—The effective date of this

amendment* shall be July 1, 1977. All laws inconsistent with this amendment shall no
longer remain in full force and effect after July 1, 1977. All of the provisions of sec-
tions 43(a)-(c) shall be self-enforcing except that the general assembly shall adjust
brackets for the collection of the sales and use taxes.
(Adopted November 2, 1976)
*This amendment contained Secs. 43(a), 43(b) and 43(c).
Art. IV § 44 CONSTITUTION OF MISSOURI 72

Section 44. Self-enforceability—enabling clause—repealing clause.—Sections

40-43, inclusive, of this article shall be self-enforcing, and laws not inconsistent there-
with may be enacted in aid thereof. All existing laws inconsistent with this article shall
no longer remain in force or effect.
Source: Const. of 1875, Art. XIV, Sec. 16.

Section 45. Rules and regulations—filing—review.—The rules and regulations of

the commission not relating to its organization and internal management shall become
effective not less than ten days after being filed with the secretary of state as provided
in section 16 of this article, and such final rules and regulations affecting private rights
as are judicial or quasi-judicial in nature shall be subject to the judicial review provid-
ed in section 22 of article V.
Section 46. Distribution of rules and regulations.—The commission shall supply
to all persons on request, printed copies of its rules and regulations not relating to
organization or internal management.

NATURAL RESOURCES
Section 47. Natural resources, department of—duties of department—director,
how appointed.—The department of natural resources shall be in charge of a director
appointed by the governor, by and with the advice and consent of the senate. The
department shall administer the programs of the state as provided by law relating to
environmental control and the conservation and management of natural resources.
(Adopted August 8, 1972)

Section 47(a). Sales and use tax levied for soil and water conservation and for
state parks—distribution of parks sales tax fund to counties, purpose, limita-
tion.—For the purpose of providing additional monies to be expended and used by the
department of natural resources through the state soil and water districts commission
as defined in Section 278.070, RSMo, for the saving of the soil and water of this state
for the conservation of the productive power of Missouri agricultural land, and by the
department of natural resources through the division responsible for the State park sys-
tem for the acquisition, development, maintenance and operation of state parks and
state historic sites in accordance with Chapter 253, RSMo, and for the administration
of the laws pertaining thereto, an additional sales tax of one-tenth of one percent is
hereby levied and imposed upon all sellers for the privilege of selling tangible person-
al property or rendering taxable services at retail in this state upon the sales and serv-
ices which now are or hereafter are listed and set forth in, and, except as to the amount
of tax, subject to the provisions of and to be collected as provided in the “Sales Tax
Law” and subject to the rules and regulations promulgated in connection therewith; and
an additional use tax of one-tenth of one percent is levied and imposed for the privi-
lege of storing, using or consuming within this state any article of tangible personal
property as set forth and provided in the “Compensating Use Tax Law” and, except as
to the amount of the tax, subject to the provisions of and to be collected as provided in
the “Compensating Use Tax Law” and subject to the rules and regulations promulgat-
ed in connection therewith. In addition, monies deposited in the state parks sales tax
fund pursuant to the provisions of section 47(b) of this article shall also be appropriat-
ed to make payments to counties for a period of five years for the unimproved value of
land for distribution to the appropriate political subdivisions as payment in lieu of real
property taxes for privately owned land acquired by the department of natural resources
73 EXECUTIVE DEPARTMENT Art. IV § 49

for park purposes after July 1, 1985, in such amounts as determined by appropriation,
but in no event shall such amounts be more than the amount of property tax imposed
by political subdivisions at the time the department acquired or acquires such land.
(Adopted August 7, 1984) (Amended November 8, 1988) (Amended November 8, 1994) (Amended November 5, 1996)
(Effective 11-8-1998 Expires 11-8-2008) (Amended August 8, 2006) Expires November 5, 2016

Section 47(b). Disbursement of revenue, purposes.—Fifty percent of the monies

arising from the additional sales and use taxes provided for in Section 47(a) hereof
shall be deposited in the Soil and Water Sales Tax Fund and fifty percent shall be
deposited in the State Park Sales Tax Fund, and the monies in both funds shall be
expended pursuant to appropriation by the General Assembly and used by the state soil
and water districts commission and the department of natural resources for the purpos-
es set forth in Section 47(a), and for no other purpose.
(Adopted August 7, 1984) (Amended November 8, 1988) (Amended November 5, 1996) Effective 11-8-1998 Expires
11-8-2008

Section 47(c). Provisions self-enforcing, exception—not part of general revenue

or expense of state—effective and expiration dates.—The effective date of this amend-
ment shall be November 8, 1998. All laws inconsistent with this amendment shall no
longer remain in full force and effect after the effective date of this section. All of the pro-
visions of Sections 47(a), 47(b) and 47(c) shall be self-enforcing except that the General
Assembly shall adjust brackets for the collection of the sales and use taxes. The addition-
al revenue provided by Sections 47(a), 47(b) and 47(c) shall not be part of the “total state
revenue” within the meaning of Sections 17 and 18 of Article X of this Constitution. The
expenditure of this additional revenue shall not be an “expense of state government”
under Section 20 of Article X of this Constitution. This Section 47(a), 47(b) and 47(c)
shall terminate after ten years following the effective date of this amendment.
(Adopted August 7, 1984) (Amended November 8, 1988) (Amended November 5, 1996) Effective 11-8-1998 Expires
11-8-2008

PUBLIC SAFETY
Section 48. Public safety, department of—duties of department—director, how
appointed.—The department of public safety shall be in charge of a director to be
appointed by the governor by and with the advice and consent of the senate, and shall
administer the programs provided by law to protect and safeguard the lives and prop-
erty of the people of the state.
(Adopted August 8, 1972)

LABOR AND INDUSTRIAL RELATIONS

Section 49. Labor and industrial relations, department of—duties—commis-
sion members, how appointed, terms, qualifications.—The department of labor and
industrial relations shall be in charge of a “Labor and Industrial Relations
Commission” consisting of three members appointed by the governor by and with the
advice and consent of the senate. One member of the commission shall be a person
who, on account of his previous vocation, employment, affiliation or interests shall be
classified as a representative of employers, and one member who, on account of his
previous vocation, employment, affiliation or interests shall be classified as a represen-
tative of employees, and one member, who, by reason of his previous activities and
Art. IV § 50 CONSTITUTION OF MISSOURI 74

interests shall be classified as a representative of the public and who is licensed to prac-
tice law in the state of Missouri; except that not more than two members of the com-
mission shall be of the same political party. A member of the commission shall be des-
ignated by the governor as the chairman. The labor and industrial commission shall be
the successor to the industrial commission and the terms of members shall be as pro-
vided by law for the industrial commission. The department shall also administer the
programs of the state relating to the protection and improvement of human rights.
(Adopted August 8, 1972) (Amended August 7, 1984)

OFFICE OF ADMINISTRATION
Section 50. Administration, office of—commissioner, how appointed.—The
office of administration shall be in charge of a commissioner of administration. The
commissioner shall be appointed by the governor by and with the advice and consent
of the senate.
(Adopted August 8, 1972)

APPOINTMENT OF ADMINISTRATIVE HEADS

Section 51. Appointments, how made—failure to confirm, effect of.—The
appointment of all members of administrative boards and commissions and of all
department and division heads, as provided by law, shall be made by the governor. All
members of administrative boards and commissions, all department and division heads
and all other officials appointed by the governor shall be made only by and with the
advice and consent of the senate. The authority to act of any person whose appointment
requires the advice and consent of the senate shall commence, if the senate is in ses-
sion, upon receiving the advice and consent of the senate. If the senate is not in session,
the authority to act shall commence immediately upon appointment by the governor
but shall terminate if the advice and consent of the senate is not given within thirty days
after the senate has convened in regular or special session. If the senate fails to give its
advice and consent to any appointee, that person shall not be reappointed by the gov-
ernor to the same office or position.
(Adopted August 8, 1972)

HIGHER EDUCATION
Section 52. Higher education, department of established—coordinating board
for higher education established, members, terms, qualifications.—There shall be
established a department of higher education. A “Coordinating Board for Higher
Education” which shall consist of nine members appointed by the governor by and with
the advice and consent of the senate shall be established within the department. The
qualifications and terms of the members of the board shall be fixed by law, but not more
than five of its members shall be of the same political party. The coordinating board
shall succeed the commission on higher education with all its powers and duties and
shall have such other powers and duties as may be prescribed by law.
(Adopted August 8, 1972)
75 EXECUTIVE DEPARTMENT Art. V

NONDISCRIMINATION IN APPOINTMENTS
Section 53. Discrimination as to race, creed, color or national origin prohibit-
ed.—The appointment of all members of administrative boards and commissions and
of all departments and division heads and all the employees thereof shall be made with-
out regard to race, creed, color or national origin.
(Adopted August 8, 1972)

ARTICLE V
JUDICIAL DEPARTMENT
SECTION
1. Judicial power—constitutional courts.
2. Supreme court—controlling decisions—number of judges—sessions.
3. Jurisdiction of the supreme court.
4. Superior courts to control inferior courts—courts administrator, salary—reapportionment commission, appointment.
5. Rules of practice and procedure—duty of supreme court—power of legislature.
6. Assignment of judges—authority of supreme court—eligible judges.
7. Supreme court and court of appeals may sit in divisions.
8. Chief justice and chief judges, election, terms—authority of chief justice.
9. Transfer of causes to supreme court en banc.
10. Transfer of cases from court of appeals to supreme court—scope of review.
11. Want of jurisdiction, effect—transfers.
12. Judicial opinions—filing and publication—memorandum decisions and orders.
13. Court of appeals, districts, judges.
14. Circuit courts—jurisdiction—sessions.
15. Judicial circuits—establishment and changes—general terms and divisions—judges—presiding judge—court per-
sonnel.
16. Associate circuit judges, selection.
17. Associate circuit judges, jurisdiction.
18. Judicial review of action of administrative agencies—scope of review.
19. Terms of judges.
20. Salaries and compensation of judges—provision against other special compensation and practice of law—travel and
other expenses.
21. Judges—qualifications—age requirements—license to practice law.
22. Court of appeals clerks and personnel—salaries.
23. Municipal judges and court personnel—selection—terms—compensation—jurisdiction—appeals—role of associ-
ate circuit judges.
24. Retirement, removal and discipline of judges, commission on—composition, terms, duties, procedures, reimburse-
ment of expenses—additional duties prohibited.
25(a). Nonpartisan selection of judges—courts subject to plan—appointments to fill vacancies.
25(b). Adoption of plan in other circuits—petitions and elections—form of petition ballots.
25(c)
(1). Tenure of judges—declaration of candidacy—form of judicial ballot—rejection and retention.
25(c)
(2). Certification of names upon declaration—law applicable to elections.
25(d). Nonpartisan judicial commissions—number, qualifications, selection and terms of members—majority rule—reim-
bursement of expenses—rules of supreme court.
25(e). Payment of expenses.
25(f). Prohibition of political activity by judges.
25(g). Self-enforceability.
26. Retirement—assignment as senior judge or commissioner.

SCHEDULE
27. Effective date and transition provisions.
Art. V § 1 CONSTITUTION OF MISSOURI 76

Section 1. Judicial power—constitutional courts.—The judicial power of the

state shall be vested in a supreme court, a court of appeals consisting of districts as pre-
scribed by law, and circuit courts.
Source: Const. of 1875, Art. VI, Secs. 1, 12; Amdt. of 1884, Secs. 2, 3; Sch. of 1875, Secs. 4, 5. (Amended August 4,
1970) (Amended August 3, 1976)

Section 2. Supreme court—controlling decisions—number of judges—ses-

sions.—The supreme court shall be the highest court in the state. Its jurisdiction shall
be coextensive with the state. Its decisions shall be controlling in all other courts. It
shall be composed of seven judges, who shall hold their sessions in Jefferson City at
times fixed by the court.
Source: Const. of 1875, Art. VI, Secs. 2, 9; Amdt. of 1884, Sec. 6; Amdt. of 1890, Sec. 1.

Section 3. Jurisdiction of the supreme court.—The supreme court shall have

exclusive appellate jurisdiction in all cases involving the validity of a treaty or statute
of the United States, or of a statute or provision of the constitution of this state, the con-
struction of the revenue laws of this state, the title to any state office and in all cases
where the punishment imposed is death. The court of appeals shall have general appel-
late jurisdiction in all cases except those within the exclusive jurisdiction of the
supreme court.
Source: Const. of 1875, Art. VI, Sec. 12; Amdt. of 1884, Secs. 3, 5. (Amended August 4, 1970) (Amended August 3,
1976) (Amended November 2, 1982)

Section 4. Superior courts to control inferior courts—courts administrator,

salary—reapportionment commission, appointment.—1. The supreme court shall
have general superintending control over all courts and tribunals. Each district of the
court of appeals shall have general superintending control over all courts and tribunals
in its jurisdiction. The supreme court and districts of the court of appeals may issue and
determine original remedial writs. Supervisory authority over all courts is vested in the
supreme court which may make appropriate delegations of this power.
2. The supreme court may appoint a state courts administrator and other staff to aid
in the administration of the courts, and it shall appoint a clerk of the supreme court and
may appoint other staff to aid in the administration of the business of the supreme
court. Each such appointee shall serve at the pleasure of the court. The clerk’s and
administrator’s salary shall be fixed by law. All other appointees shall have salaries
fixed by the court within the legislative limits of the appropriation made for that pur-
pose.
3. In the event that six commissioners of the supreme court are not available to sit
as a reapportionment commission as provided in sections 2, 3 and 7 of article III of the
constitution of this state, a commission composed of six members appointed by the
supreme court from among the judges of the court of appeals, shall serve in lieu of the
commissioners of the supreme court. No more than two members of any division of the
court of appeals shall be appointed to the commission.
Source: Const. of 1875, Art. VI, Secs. 3, 12, 23; Amdt. of 1884, Sec. 8. (Amended August 4, 1970) (Amended August
3, 1976)

Section 5. Rules of practice and procedure—duty of supreme court—power of

legislature.—The supreme court may establish rules relating to practice, procedure
and pleading for all courts and administrative tribunals, which shall have the force and
effect of law. The rules shall not change substantive rights, or the law relating to evi-
dence, the oral examination of witnesses, juries, the right of trial by jury, or the right
of appeal. The court shall publish the rules and fix the day on which they take effect,
77 JUDICIAL DEPARTMENT Art. V § 10

but no rule shall take effect before six months after its publication. Any rule may be
annulled or amended in whole or in part by a law limited to the purpose.
(Amended August 3, 1976)

Section 6. Assignment of judges—authority of supreme court—eligible

judges.—The supreme court may make temporary transfers of judicial personnel from
one court or district to another as the administration of justice requires, and may estab-
lish rules with respect thereto. Any judge shall be eligible to sit temporarily on any
court upon assignment by the supreme court or pursuant to supreme court rule.
(Amended August 4, 1970) (Amended August 3, 1976)

Section 7. Supreme court and court of appeals may sit in divisions.—The

supreme court may sit en banc or in divisions as the court may determine. Any district
of the court of appeals may sit at such places within the district and in divisions as the
judges of such district may determine. Each division of the supreme court or of the
court of appeals shall be composed of not less than three judges, at least one of whom
shall be a regular judge of the court. A majority of a division shall constitute a quorum
thereof, and all orders, judgments, and decrees of a division, as to causes and matters
pending before it, shall have the force and effect of those of the court.
(Amended August 4, 1970) (Amended August 3, 1976)

Section 8. Chief justice and chief judges, election, terms—authority of chief

justice.—The judges of the supreme court shall elect from their number a chief justice
to preside over the court en banc, and the judges of the court of appeals in each district
shall elect from their number a chief judge of the district. The terms of the chief jus-
tice and chief judges shall be fixed by the courts over which they preside. The chief jus-
tice of the supreme court shall be the chief administrative officer of the judicial system
and, subject to the supervisory authority of the supreme court, shall supervise the
administration of the courts of this state.
(Amended August 4, 1970) (Amended August 3, 1976)

Section 9. Transfer of causes to supreme court en banc.—A cause in the supreme

court shall be transferred to the court en banc when the members of a division are
equally divided in opinion, or when the division shall so order, or on application of the
losing party when a member of the division dissents from the opinion therein, or pur-
suant to supreme court rule.
Source: Const. of 1875, Amdt. of 1890, Sec. 4. (Amended August 3, 1976)

Section 10. Transfer of cases from court of appeals to supreme court— scope of
review.—Cases pending in the court of appeals shall be transferred to the supreme
court when any participating judge dissents from the majority opinion and certifies that
he deems said opinion to be contrary to any previous decision of the supreme court or
of the court of appeals, or any district of the court of appeals. Cases pending in the
court of appeals may be transferred to the supreme court by order of the majority of the
judges of the participating district of the court of appeals, after opinion, or by order of
the supreme court before or after opinion because of the general interest or importance
of a question involved in the case, or for the purpose of reexamining the existing law,
or pursuant to supreme court rule. The supreme court may finally determine all causes
coming to it from the court of appeals, whether by certification, transfer or certiorari,
the same as on original appeal.
Source: Const. of 1875, Amdt. of 1884, Sec. 6. (Amended August 4, 1970) (Amended August 3, 1976)
Art. V § 11 CONSTITUTION OF MISSOURI 78

Section 11. Want of jurisdiction, effect—transfers.—In all proceedings review-

able on appeal by the supreme court or the court of appeals, appeals shall go directly
to the court or district having jurisdiction, but want of jurisdiction shall not be ground
for dismissal, and the proceeding shall be transferred to the appellate court having
jurisdiction. An original action filed in a court lacking jurisdiction or venue shall be
transferred to the appropriate court.
(Amended August 4, 1970) (Amended August 3, 1976)

Section 12. Judicial opinions—filing and publication—memorandum decisions

and orders.—The opinions of the supreme court and court of appeals and all divisions
or districts of said courts shall be in writing and filed in the respective causes, and shall
become a part of the records of the court, be available for publication, and shall be pub-
lic records. The supreme court and the court of appeals may issue memorandum deci-
sions or dispose of a cause by order pursuant to and as authorized by supreme court rule.
Source: Const. of 1875, Art. VI, Secs. 15, 44; Amdt. of 1890, Sec. 3. (Amended August 4, 1970) (Amended August 3,
1976)

Section 13. Court of appeals, districts, judges.—The court of appeals shall be

organized into separate districts, the number, not less than three, geographical bound-
aries, and territorial jurisdiction of which shall be prescribed by law. Each district of
the court of appeals shall be composed of such number of judges, not less than three,
as may be provided by law.
Source: Const. of 1875, Art. VI, Secs. 12, 14; Amdt. of 1884, Secs. 1, 2, 3, 4. (Amended August 4, 1970) (Amended
August 3, 1976)

Section 14. Circuit courts—jurisdiction—sessions.—(a) The circuit courts shall

have original jurisdiction over all cases and matters, civil and criminal. Such courts
may issue and determine original remedial writs and shall sit at times and places with-
in the circuit as determined by the circuit court.
(b) Procedures for the adjudication of small claims shall be as provided by law.
Source: Const. of 1875, Art. VI, Sec. 22. (Amended August 3, 1976)

Section 15. Judicial circuits—establishment and changes—general terms and

divisions—judges—presiding judge—court personnel.—1. The state shall be divid-
ed into convenient circuits of contiguous counties. In each circuit there shall be at least
one circuit judge. The circuits may be changed or abolished by law as public conven-
ience and the administration of justice may require, but no judge shall be removed from
office during his term by reason of alteration of the geographical boundaries of a cir-
cuit. Any circuit or associate circuit judge may temporarily sit in any other circuit at
the request of a judge thereof. In circuits having more than one judge, the court may sit
in general term or in divisions. The circuit judges of the circuit may make rules for the
circuit not inconsistent with the rules of the supreme court.
2. Each circuit shall have such number of circuit judges as provided by law.
3. The circuit and associate circuit judges in each circuit shall select by secret bal-
lot a circuit judge from their number to serve as presiding judge. The presiding judge
shall have general administrative authority over the court and its divisions.
4. Personnel to aid in the business of the circuit court shall be selected as provided
by law or in accordance with a governmental charter of a political subdivision of this
state. Where there is a separate probate division of the circuit court, the judge of the
probate division shall, until otherwise provided by law, appoint a clerk and other non-
judicial personnel for the probate division.
Source: Const. of 1875, Art. VI, Secs. 24, 27, 28, 29. (Amended August 3, 1976)
79 JUDICIAL DEPARTMENT Art. V § 21

Section 16. Associate circuit judges, selection.—Each county shall have such
number of associate circuit judges as provided by law. There shall be at least one resi-
dent associate circuit judge in each county. Associate circuit judges shall be selected or
elected in each county. In those circuits where the circuit judge is selected under sec-
tion 25 of article 5 of the constitution the associate circuit judge shall be selected in the
same manner. All other associate circuit judges shall be elected in the county in which
they are to serve.
(Amended August 3, 1976)

Section 17. Associate circuit judges, jurisdiction.—Associate circuit judges may

hear and determine all cases, civil or criminal and all other matters as now provided by
law for magistrate or probate judges and may be assigned such additional cases or
classes of cases as may be provided by law. In probate matters the associate circuit
judge shall have general equitable jurisdiction.
(Amended August 3, 1976)

Section 18. Judicial review of action of administrative agencies—scope of

review.—All final decisions, findings, rules and orders on any administrative officer or
body existing under the constitution or by law, which are judicial or quasi-judicial and
affect private rights, shall be subject to direct review by the courts as provided by law;
and such review shall include the determination whether the same are authorized by
law, and in cases in which a hearing is required by law, whether the same are support-
ed by competent and substantial evidence upon the whole record. Unless otherwise
provided by law, administrative decisions, findings, rules and orders subject to review
under this section or which are otherwise subject to direct judicial review, shall be
reviewed in such manner and by such court as the supreme court by rule shall direct
and the court so designated shall, in addition to its other jurisdiction, have jurisdiction
to hear and determine any such review proceeding.
(Amended August 3, 1976) (This was Sec. 22 of Art. V prior to 1976)

Section 19. Terms of judges.—Judges of the supreme court and of the court of
appeals shall be selected for terms of twelve years, judges of the circuit courts for terms
of six years, and associate circuit judges for terms of four years.
Source: Const. of 1875, Art. VI, Secs. 4, 16, 25. (Amended August 3, 1976) (This was Sec. 23 of Art. V prior to 1976)

Section 20. Salaries and compensation of judges—provision against other spe-

cial compensation and practice of law—travel and other expenses.—All judges
shall receive as salary the total amount of their present compensation until otherwise
provided by law, but no judge’s salary shall be diminished during his term of office. No
judge shall receive any other or additional compensation for any public service. No
supreme, appellate, circuit or associate circuit judge shall practice law or do law busi-
ness. Judges may receive reasonable traveling and other expenses allowed by law.
Source: Const. of 1875, Art. VI, Sec. 33. (Amended August 3, 1976) (This was Sec. 24 of Art. V prior to 1976)

Section 21. Judges—qualifications—age requirements—license to practice

law.—Judges of the supreme court and of the court of appeals shall have been citizens
of the United States for at least fifteen years, and qualified voters of the state for nine
years next preceding their selection. Such judges shall be at least thirty years of age.
Except as provided by section 6, judges of the court of appeals shall be residents of the
court of appeals district in which they serve. Circuit judges shall have been citizens of
the United States for at least ten years, and qualified voters of this state three years next
preceding their selection, and be not less than thirty years of age and residents of the
Art. V § 22 CONSTITUTION OF MISSOURI 80

circuit for at least one year. Associate circuit judges shall be qualified voters of this
state and residents of the county, at least twenty-five years old, and have such other
qualifications as may be provided by law. Every supreme, appellate, circuit, and asso-
ciate circuit court judge shall be licensed to practice law in this state.
Source: Const. of 1875, Art. VI, Secs. 6, 13, 25, 26. (Amended August 3, 1976) (This was Sec. 25 of Art. V prior to
1976)

Section 22. Court of appeals clerks and personnel—salaries.—Each district of

the court of appeals shall appoint a clerk of the court and other personnel to aid in the
administration of the business of the court. Their salaries shall be within the limit of
the legislative appropriation for that purpose.
(Amended August 3, 1976) (This was Sec. 26 of Art. V prior to 1976)

Section 23. Municipal judges and court personnel—selection—terms—com-

pensation—jurisdiction—appeals—role of associate circuit judges.—Each circuit
may have such municipal judges as provided by law and the necessary non-judicial per-
sonnel assisting them. The selection, tenure and compensation of such judges and such
personnel shall be as provided by law, or in cities having a charter form of government
as provided by such charter. A municipal judge may be a part-time judge except where
prohibited by ordinance or charter of the municipality. A municipal judge shall hear
and determine violations of municipal ordinances in one or more municipalities. Until
otherwise provided by law, or supreme court rule, the practice, procedure, right to and
method of appeal before and from municipal judges shall be as heretofore provided
with respect to municipal courts. Associate circuit judges shall hear and determine vio-
lations of municipal ordinances in any municipality with a population of under four
hundred thousand within the circuit for which a municipal judge is not provided, or
upon request of the governing body of any municipality with a population of under four
hundred thousand within the circuit.
(Amended August 3, 1976)

Section 24. Retirement, removal and discipline of judges, commission on—

composition, terms, duties, procedures, reimbursement of expenses—additional
duties prohibited.—1. There shall be a commission on retirement, removal, and dis-
cipline, composed of two citizens who are not members of the bar, appointed by the
governor, two lawyers appointed by the board of governors of The Missouri Bar, one
judge of the court of appeals to be selected by a majority of the judges of the court of
appeals, and one judge of the circuit courts to be selected by a majority of the circuit
judges of this state. The commission shall receive and investigate all requests and sug-
gestions for retirement for disability, and all complaints concerning misconduct of all
judges, members of the judicial commissions, and of this commission. No member of
the commission shall participate in any matter in which he has a personal interest. If a
member is disqualified to participate in any matter before the commission, the respec-
tive selecting authority shall select a substitute to sit during such disqualification. Of
the members first appointed, each of the citizen members shall be appointed for a term
of two years and each of the lawyer members for a term of four years, and each of the
judge members for a term of six years; and thereafter members shall be appointed for
a term of six years.
2. Upon recommendation by an affirmative vote of at least four members of the
commission, the supreme court en banc shall retire from office any judge or any mem-
ber of any judicial commission or any member of this commission who is found to be
unable to discharge the duties of his office with efficiency because of permanent sick-
ness or physical or mental infirmity. A judge, except a municipal judge so retired shall
81 JUDICIAL DEPARTMENT Art. V § 25(a)

receive one-half of his regular compensation during the remainder of his term of office.
Where a judge subject to retirement under other provisions of law, has been retired
under the provisions of this section, the time during which he was retired for disabili-
ty under this section shall count as time served for purposes of retirement under other
provisions of this constitution or of law.
3. Upon recommendation by an affirmative vote of at least four members of the
commission, the supreme court en banc, upon concurring with such recommendation,
shall remove, suspend, discipline or reprimand any judge of any court or any member
of any judicial commission or of this commission, for the commission of a crime, or
for misconduct, habitual drunkenness, willful neglect of duty, corruption in office,
incompetency or any offense involving moral turpitude, or oppression in office. No
action taken under this section shall be a bar to or prevent any other action authorized
by law.
4. A judge is disqualified from acting as a judicial officer while there is pending an
indictment or information charging him in any court in the United States with a crime
punishable as a felony under the laws of Missouri or the United States, or a recommen-
dation to the supreme court by the commission for his removal, or retirement, or after
articles of impeachment have been voted by the house of representatives. A judge so
disqualified shall continue to receive his salary.
5. On recommendation of the commission, the supreme court shall suspend a judge
from office without salary when in any court in the United States he pleads guilty or
no contest to, or is found guilty of, an offense punishable as a felony under the laws of
Missouri or the United States, or of any other offense that involves moral turpitude. If
he is suspended and his conviction becomes final the supreme court shall remove him
from office. If his conviction is reversed and he is discharged from that charge by order
of court or of the prosecuting officer, whether without further trial or after further trial
and a finding of not guilty, his suspension terminates and he shall be paid his salary for
the period of suspension.
6. Recommendations to the supreme court by the commission shall be made only
after notice and hearing. Rules for the administration of this section and for the proce-
dures thereunder shall be prescribed by supreme court rule unless otherwise provided
by law.
7. Members of the commission shall be reimbursed for their actual and necessary
expenses incurred in the performance of their duties.
8. Additional duties shall not be imposed by law or supreme court rule upon the
commission on retirement, removal and discipline.
(Amended August 3, 1976)

Section 25(a). Nonpartisan selection of judges—courts subject to plan—

appointments to fill vacancies.—Whenever a vacancy shall occur in the office of
judge of any of the following courts of this state, to wit: The supreme court, the court
of appeals, or in the office of circuit or associate circuit judge within the city of St.
Louis and Jackson county, the governor shall fill such vacancy by appointing one of
three persons possessing the qualifications for such office, who shall be nominated and
whose names shall be submitted to the governor by a nonpartisan judicial commission
established and organized as hereinafter provided. If the governor fails to appoint any
of the nominees within sixty days after the list of nominees is submitted, the nonparti-
san judicial commission making the nomination shall appoint one of the nominees to
fill the vacancy.
(Adopted August 3, 1976) (This was Sec. 29(a) of Art. V prior to 1976)
Art. V § 25(b) CONSTITUTION OF MISSOURI 82

Section 25(b). Adoption of plan in other circuits—petitions and elections—

form of petition ballots.—At any general election the qualified voters of any judicial
circuit outside of the city of St. Louis and Jackson county, may by a majority of those
voting on the question elect to have the circuit and associate circuit judges appointed
by the governor in the manner provided for the appointment of judges to the courts des-
ignated in section 25(a), or, outside the city of St. Louis and Jackson county, to discon-
tinue any such plan. The question of whether the circuit and associate circuit judges of
any such circuit shall be so appointed shall be submitted to the voters of each county
in any circuit at the next general election whenever petitions therefor signed by ten per-
cent of the legal voters of each county in the circuit voting for the office of governor at
the last election thereof are filed in the office of secretary of state at least 90 days before
such election. The question shall be presented as follows: “Shall the circuit and asso-

25 of Article V of the Missouri Constitution? Yes
No
(Mark One)”. The provi-

ciate circuit judges of the . . . . . . . . judicial circuit be selected as provided in Section

sions of law with respect to initiative petitions shall apply insofar as applicable relative
to the certification of the petitions to local officials by the secretary of state, the prepa-
ration, printing, publishing and distribution of the judicial ballots required by this sec-
tion, the holding and conduct of the election, and the counting, canvassing, return, cer-
tification, and proclamation of the votes. If a majority of the votes upon the question
are cast in favor of the adoption in each county comprising the circuit, the nonpartisan
selection of the circuit and associate judges shall be adopted in the circuit. The ques-
tion of selection of circuit and associate circuit judges in the manner provided in sec-
tion 25(a) shall not be submitted more often than once every four years. If any judicial
circuit adopts the nonpartisan selection of the circuit and associate circuit judges under
the provisions of this section, the question of its discontinuance shall not be submitted
more often than once every four years and may be submitted at any general election
and shall be proceeded upon insofar as may be applicable in like manner as prescribed
in this section for the original adoption of the plan.
The petition shall be in substantially the following form:
To the Honorable Officials in general charge of elections for the county of . . . . . . .
. . . . . . for the state of Missouri:
We, the undersigned, legal voters of the state of Missouri, and of the county of . . .
. . . ., respectfully demand that the question of the discontinuance of the nonpartisan
selection of the circuit and associate circuit judges be submitted to the legal voters of
the . . . . . . . . . . judicial circuit, for their approval or rejection, at the general election
to be held on the . . . . . . . . . . day of . . . . . , A.D. 19. . . . . . . .
The ballot shall provide as follows:
“Shall the nonpartisan appointment by the governor of the circuit and associate cir-

Yes
cuit judges be discontinued in the . . . . . . . . . . . judicial circuit?

No
(Place an “X” in one square.)”
If a majority of the votes upon the question are cast in favor of such discontinuance
in each county comprising the circuit, the nonpartisan selection of the circuit and asso-
ciate circuit judges shall be discontinued in such judicial circuit.
If the nonpartisan selection of the judges be discontinued in any such judicial circuit,
other than the city of St. Louis and Jackson county, the selection of such judges therein
shall be made as otherwise prescribed by law. This section shall be self-enforcing.
(Adopted August 3, 1976)
83 JUDICIAL DEPARTMENT Art. V § 25(c)(2)

Section 25(c)(1). Tenure of judges—declaration of candidacy—form of judicial

ballot—rejection and retention.—Each judge appointed pursuant to the provisions of
sections 25(a)–(g) shall hold office for a term ending December thirty-first following the
next general election after the expiration of twelve months in the office. Any judge hold-
ing office, or elected thereto, at the time of the election by which the provisions of sections
25(a)–(g) become applicable to his office, shall, unless removed for cause, remain in office
for the term to which he would have been entitled had the provisions of sections 25(a)–(g)
not become applicable to his office. Not less than sixty days prior to the holding of the gen-
eral election next preceding the expiration of his term of office, any judge whose office is
subject to the provisions of sections 25(a)–(g) may file in the office of the secretary of state
a declaration of candidacy for election to succeed himself. If a declaration is not so filed
by any judge, the vacancy resulting from the expiration of his term of office shall be filled
by appointment as herein provided. If such declaration is filed, his name shall be submit-
ted at said next general election to the voters eligible to vote within the state if his office
is that of judge of the supreme court, or within the geographic jurisdiction limit of the dis-
trict where he serves if his office is that of a judge of the court of appeals, or within the
circuit if his office is that of circuit judge, or within the county if his office is that of asso-
ciate circuit judge on a separate judicial ballot, without party designation, reading:
“Shall Judge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Here the name of the judge shall be inserted)
of the. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Here the title of the court shall be inserted)
be retained in office? Yes
No

(Mark an “X” in the box you prefer.)”
If a majority of those voting on the question vote against retaining him in office, upon
the expiration of his term of office, a vacancy shall exist which shall be filled by appoint-
ment as provided in section 25(a); otherwise, said judge shall, unless removed for cause,
remain in office for the number of years after December thirty-first following such elec-
tion as is provided for the full term of such office, and at the expiration of each such term
shall be eligible for retention in office by election in the manner here prescribed.
(Adopted August 3, 1976) (This was Sec. 29(c)(1) prior to 1976)

Section 25(c)(2). Certification of names upon declaration—law applicable to

elections.—Whenever a declaration of candidacy for election to succeed himself is
filed by any judge or associate circuit judge under the provisions of this section, the
secretary of state shall not less than thirty days before the election certify the name of
said judge or associate circuit judge and the official title of his office to the clerks of
the county courts, and to the boards of election commissioners in counties or cities hav-
ing such boards, or to such other officials as may hereafter be provided by law, of all
counties and cities wherein the question of retention of such judge in office is to be sub-
mitted to the voters, and, until legislation shall be expressly provided otherwise there-
for, the judicial ballots required by this section shall be prepared, printed, published
and distributed, and the election upon the question of retention of such judge in office
shall be conducted and the votes counted, canvassed, returned, certified and proclaimed
by such public officials in such manner as is now provided by the statutory law gov-
erning voting upon measures proposed by the initiative.
(Adopted August 3, 1976)
Art. V § 25(d) CONSTITUTION OF MISSOURI 84

Section 25(d). Nonpartisan judicial commissions—number, qualifications, selec-

tion and terms of members—majority rule—reimbursement of expenses—rules of
supreme court.—Nonpartisan judicial commissions whose duty it shall be to nominate
and submit to the governor names of persons for appointment as provided by sections
25(a)–(g) are hereby established and shall be organized on the following basis: For
vacancies in the office of judge of the supreme court or of the court of appeals, there
shall be one such commission, to be known as “The Appellate Judicial Commission’’;
for vacancies in the office of circuit judge or associate circuit judge of any circuit court
subject to the provisions of sections 25(a)–(g) there shall be one such commission, to be
known as “The . . . Circuit Judicial Commission”, for each judicial circuit which shall
be subject to the provisions of sections 25(a)–(g); the appellate judicial commission
shall consist of a judge of the supreme court selected by the members of the supreme
court, and the remaining members shall be chosen in the following manner: The mem-
bers of the bar of this state residing in each court of appeals district shall elect one of
their number to serve as a member of said commission, and the governor shall appoint
one citizen, not a member of the bar, from among the residents of each court of appeals
district, to serve as a member of said commission, and the members of the commission
shall select one of their number to serve as chairman. Each circuit judicial commission
shall consist of five members, one of whom shall be the chief judge of the district of the
court of appeals within which the judicial circuit of such commission, or the major por-
tion of the population of said circuit is situated and the remaining four members shall
be chosen in the following manner: The members of the bar of this state residing in the
judicial circuit of such commission shall elect two of their number to serve as members
of said commission, and the governor shall appoint two citizens, not members of the bar,
from among the residents of said judicial circuit to serve as members of said commis-
sion, the members of the commission shall select one of their number to serve as chair-
man; and the terms of office of the members of such commission shall be fixed by law,
but no law shall increase or diminish the term of any member then in office. No mem-
ber of any such commission other than a judge shall hold any public office, and no
member shall hold any official position in a political party. Every such commission may
act only by the concurrence of a majority of its members. The members of such com-
mission shall receive no salary or other compensation for their services but they shall
receive their necessary traveling and other expenses incurred while actually engaged in
the discharge of their official duties. All such commissions shall be administered, and
all elections provided for under this section shall be held and regulated, under such rules
as the supreme court shall promulgate.
(Adopted August 3, 1976) (This was Sec. 29(d) prior to 1976)

Section 25(e). Payment of expenses.—All expenses incurred in administering sec-

tions 25(a)–(g), when approved by the supreme court, shall be paid out of the state treas-
ury. The supreme court shall certify such expense to the commissioner of administration,
who shall draw his warrant therefor payable out of funds not otherwise appropriated.
(Adopted August 3, 1976) (This was Sec. 29(e) prior to 1976)

Section 25(f). Prohibition of political activity by judges.—No judge of any court

in this state, appointed to or retained in office in the manner prescribed in sections
25(a)–(g), shall directly or indirectly make any contribution to or hold any office in a
political party or organization, or take part in any political campaign.
(Adopted August 3, 1976) (This was Sec. 29(f) prior to 1976)
85 JUDICIAL DEPARTMENT Art. V § 27

Section 25(g). Self-enforceability.—All of the provisions of sections 25(a)–(g)

shall be self-enforcing except those as to which action by the general assembly may be
required.
(Adopted August 3, 1976) (This was Sec. 29(g) prior to 1976)

Section 26. Retirement—assignment as senior judge or commissioner.—1. All

judges other than municipal judges shall retire at the age of seventy years, except as
provided in the schedule to this article, under a retirement plan provided by law.
2. All judges may retire at an earlier age authorized by law and may participate in a
retirement plan provided by law.
3. Any retired judge, associate circuit judge or commissioner, with his consent, may
be assigned by the supreme court as a senior judge to any court in this state or as a spe-
cial commissioner. When serving as a senior judge he shall have the same powers as an
active judge.
(Adopted August 3, 1976)

SCHEDULE
Section 27. Effective date and transition provisions.—Except as otherwise pro-
vided in this article, the effective date of this article shall be January 2, 1979.
1. All judges elected in 1978 shall be sworn into office on January 1, 1979.
2. All magistrate courts, probate courts, courts of common pleas, the St. Louis court
of criminal correction, and municipal corporation courts shall continue to exist until the
effective date of this article at which time said courts shall cease to exist. When such
courts cease to exist:
a. The jurisdiction of magistrate courts shall be transferred to the circuit court of the
circuit and such courts shall become divisions of the circuit court.
b. The jurisdiction of probate courts within the circuit shall be transferred to the cir-
cuit court and such courts shall become divisions of the circuit court.
c. The jurisdiction of St. Louis court of criminal correction and all courts of com-
mon pleas shall be transferred to the circuit court for the respective circuit and such
courts shall become divisions of the circuit court. The provisions of law relating to
practice and procedure of the courts of common pleas shall, until otherwise changed by
law, remain in effect and the provision of law relating to practice, procedure, venue,
jurisdiction, selection of jurors, election of clerk and provisions for deputies and all
other provisions of law relating to the Hannibal Court of Common Pleas shall until oth-
erwise changed by law, remain in effect as to such division of the Marion county cir-
cuit court and said division shall be known as division number 2 of the Marion county
circuit court instead of the Hannibal Court of Common Pleas.
d. The jurisdiction of municipal courts shall be transferred to the circuit court of the
circuit in which such municipality or major geographical area thereof shall be located
and, such courts shall become divisions of the circuit court. When such courts cease to
exist, all records, papers and files shall be transferred to the circuit court which may
designate the place where such records may be maintained.
e. Divisions of the circuit court created by this subsection may be changed hereafter
by law.
f. After the effective date of this article, in counties with a population of over thirty
thousand and less than sixty-five thousand, the office expenses and salaries of associ-
ate circuit judges and their clerks who before the effective date of this article were pro-
bate judges shall continue to be paid by the counties.
Art. V § 27 CONSTITUTION OF MISSOURI 86

g. After the effective date of this article, in all counties with a population of over
sixty-five thousand and in any city not within a county, the office expenses and salaries
of the circuit judges who before the effective date of this article were probate judges in
said counties or city, shall be paid by the respective counties or city.
3. Until otherwise provided by law associate circuit judges shall hear all cases or
matters, civil and criminal, as now provided by law for magistrates within the county
and such additional cases or classes of cases as may be provided by law. Until other-
wise provided by law, associate circuit judges shall hear all cases or matters as now
provided by law for probate courts within the county, except that in the city of St.
Louis, in all first class counties, and all second class counties with a population of over
sixty-five thousand, the circuit judge of the probate division of the circuit court shall
hear all cases and matters as now provided by law for probate courts within such cir-
cuits or counties. An associate circuit judge exercising probate jurisdiction shall, in
connection therewith, possess general equitable powers. Associate circuit judges of the
city of St. Louis shall hear all civil and criminal cases as now provided by law for mag-
istrates and the St. Louis court of criminal correction including appeals and preliminary
hearings in felony cases and such additional cases or classes of cases as may hereafter
be provided by law. Until otherwise provided by law or supreme court rule the prac-
tice, procedure, filing fees and administration of causes heard by associate circuit
judges within the jurisdiction of former magistrate and probate courts shall be and
remain the same as in the court abolished.
4. a. In 1978, all probate judges except those selected under the nonpartisan selec-
tion of judges plan shall be elected as provided by law. On the effective date of this arti-
cle the probate judge of the city of St. Louis and the probate judges of all first class
counties and all second class counties with a population of over sixty-five thousand
shall become circuit judges of their respective circuits and thereafter shall be selected
or elected from the circuit as in the case of other circuit judges and be entitled to the
same compensation as provided by law for circuit judges at the time of the effective
date of this article until changed by law, and shall have the same powers and jurisdic-
tion as judges of the circuit court. Each judge who served as probate judge and who is
in office on the effective date of this article in such city and counties shall continue to
serve in the capacity of judge of the probate division of the circuit court until his suc-
cessor is selected and qualified, provided that with his consent any circuit or associate
circuit judge in the circuit at his request may hear, try and dispose of any matter, case
or classes of cases assigned to him by such judge of the probate division, and such
judge of the probate division with his consent, may hear, try and determine any case
within the jurisdiction of the circuit court. On the effective date of this article the pro-
bate judges of counties with a population of sixty-five thousand or less shall become
associate circuit judges of their respective circuits and thereafter shall be selected or
elected from the county as in the case of other associate circuit judges and shall be enti-
tled to the same compensation as that to which they were entitled on the effective date
of this article until changed by law.
b. On the effective date of this article, judges of the St. Louis court of criminal cor-
rection and judges of the courts of common pleas shall become circuit judges and be
entitled to the compensation of circuit judges and shall have the same power and juris-
diction as circuit judges.
c. In 1978, all magistrates shall be elected as provided by law. On the effective date
of this article all magistrates who are then in office shall become associate circuit
judges and shall serve out the remainder of their terms as such. Each such judge shall
87 JUDICIAL DEPARTMENT Art. V § 27

be entitled to the same compensation as that to which he was entitled on the effective
date of this article until otherwise changed by law.
5. The right to and method of review from a final judgment or appealable order of
an associate circuit judge, or municipal judge, when so acting within the jurisdiction of
cases heretofore within the jurisdiction of the former magistrate or municipal courts
shall, until otherwise provided by law, be de novo before a circuit judge or another
associate circuit judge within the circuit except that appeals from an associate circuit
judge exercising probate jurisdiction in any circuit, and appeals from any cause from
an associate circuit judge as provided by law shall be appealed to the appropriate dis-
trict of the court of appeals upon a record as authorized by law or supreme court rule.
Appeals in misdemeanor cases from the associate circuit judge from the city of St.
Louis shall be as now provided until changed by law.
6. The costs of judicial proceedings as provided for in all courts existing before the
adoption of this article shall remain in effect with respect to cases which would have
been within the jurisdiction of those courts until such costs are otherwise changed by
law. Until otherwise provided by law, if a cause could have been filed in more than one
court before the effective date of this article, the lower cost structure shall be used in
calculating costs; provided, however, that a party instituting a civil suit which would
have been within the concurrent jurisdiction of the circuit and magistrate courts prior
to the effective date of this article may designate the case as being one to be processed
in accordance with procedures and rules appertaining before circuit judges, and the
court costs heretofore applicable to such cases in circuit court shall apply.
7. Until the effective date of this article the courts of common pleas, the St. Louis
court of criminal corrections, the magistrate courts, the probate courts and the munici-
pal corporation courts shall continue to have the jurisdiction and power provided in the
article repealed hereby and provided by the laws and rules enacted thereunder, and
shall continue to follow the procedures as provided in such article, laws and rules.
8. Each judge who, on the effective date of this article, becomes a circuit or associ-
ate circuit judge in any circuit subject to the provisions of sections 25(a)–(g) of this
article shall be eligible for retention in office as a circuit or associate circuit judge
respectively by filing in the office of the secretary of state a declaration of candidacy
for election not less than sixty days prior to the holding of the general election next pre-
ceding the expiration of his term of office. If a majority of those voting on the question
vote against retaining him in office, upon the expiration of his term of office, a vacan-
cy shall exist which shall be filled by appointment as provided in section 25(a); other-
wise, said judge shall, unless removed for cause, remain in office for the number of
years after December thirty-first following such election as is provided for the full term
of such office and at the expiration of each such term shall be eligible for retention in
office by election in the same manner prescribed by section 25(c)(1). The secretary of
state shall certify the name of such judges in accordance with law or in accordance with
section 25(c)(2) of this article.
9. On the effective date of this article the judges of the magistrate court and the
judges of the probate court in any circuit which selects judges under the nonpartisan
selection of judges shall become nonpartisan judges. The judges of the probate courts
of the city of St. Louis and all first class counties, and all second class counties with a
population of over sixty-five thousand, when such courts cease to exist, and the judges
of the St. Louis court of criminal corrections, shall become circuit judges and receive
the compensation payable to circuit judges.
9. a. The judges of all municipal corporations courts in office at the time such courts
cease to exist and who qualify for office under the provisions of section 21 of this arti-
Art. V § 27 CONSTITUTION OF MISSOURI 88

cle shall continue in office until the expiration of the terms to which they have been
elected or appointed unless otherwise provided by law. When such courts cease to
exist, the judges thereof who continue in office shall become municipal judges and
shall serve as such until their terms expire or are otherwise removed. They shall receive
the compensation now provided until otherwise changed by law. Such compensation
shall be paid by the municipality or municipalities they serve. Upon the expiration of
their terms, they shall become eligible for retention in office as municipal judges in the
same manner as now provided for the selection of municipal judges in the municipali-
ty they serve until otherwise provided by law. In the event the municipal judge now
serving shall fail, refuse or be disqualified from continuing in office, the municipality
may elect or appoint a municipal judge in the same manner as is now provided in that
municipality for selection of a municipal judge unless otherwise provided by law. All
expenses incidental to the functioning of municipal judges, including the cost of any
staff, and their quarters shall be paid and provided by the respective municipalities as
now provided for municipal courts until otherwise provided by law. In municipalities
with a population of under four hundred thousand which do not have a municipal judge
or for which no municipal judge is provided by law, associate circuit judges shall hear
and determine violations of municipal ordinances. No associate circuit judge shall,
however, act as a municipal judge in any city with a population of four hundred thou-
sand or more until otherwise provided by law.
10. a. 1. Until otherwise provided by law, circuit clerks in each circuit and county
shall be selected in the same manner as provided by law on the effective date of this
article, except that in counties having a charter form of government, the circuit clerk
shall be selected in the manner as provided in the charter of such county.
2. Upon the expiration of the terms of office of the clerk of the circuit court for crim-
inal causes of the city of St. Louis, and the term of the clerk of the St. Louis court of
criminal correction, the offices of such clerks shall cease to exist and thereafter the
clerk of the circuit court of the city of St. Louis shall have the powers and perform the
duties and functions of such clerks and shall serve all divisions of the circuit court,
except the courts presided over by an associate circuit judge, the judge of the probate
division of the circuit court and by municipal judges.
3. In any division of the circuit court presided over by an associate circuit judge, in
the probate division of the circuit court, and in any division presided over by a munic-
ipal judge, the clerks and their deputies of the respective divisions shall continue to be
selected in the same manner as provided for by law on the effective date of this article
until otherwise changed by law.
4. There shall continue to be an office of circuit clerk in each county of the circuit,
until otherwise changed by law.
b. Upon the effective date of this article, the office of constable serving magistrate
courts is abolished. The functions, powers and duties of such constables shall be trans-
ferred to and be performed by the sheriff of the county or the sheriff of the city of St.
Louis.
c. Upon the effective date of this article the office of prosecuting attorney of the city
of St. Louis shall be abolished and all the duties, powers, and functions of such office
shall be transferred to the circuit attorney of the city of St. Louis who shall have such
powers and perform such functions and duties as the prosecuting attorney of the city of
St. Louis.
d. No election shall be held in 1978 for the offices which are abolished by this sub-
section 10.
89 JUDICIAL DEPARTMENT Art. V § 27

11. The commissioners of the supreme court holding office on the effective date of
this article shall continue to hold office as commissioners of the court until the end of
their terms, and shall be eligible for reappointment thereafter from term to term under
existing law until retirement, death, resignation or removal for cause. Upon the occur-
rence of such vacancy in the office of commissioner of the supreme court, such office
shall cease to exist. Commissioners, in addition to their regular duties, shall be subject
to temporary assignment for the performance of judicial duties as special judges of the
supreme court, court of appeals, or circuit court on order of the supreme court. During
such temporary assignments, commissioners sitting as special judges shall have the
same powers, duties, and responsibilities as are vested by law in the regular judges of
the courts to which they are assigned.
12. The boundaries and territorial jurisdiction of the districts of the court of appeals
and of the judicial circuits as they exist on the effective date of this article shall be con-
tinued in effect until such time as changed by law.
13. The commission on retirement, removal and discipline and the nonpartisan
appellate and circuit judicial commissions in existence on the effective date of this arti-
cle shall continue to exist, and the terms of office for such commissions shall continue
in effect.
14. “Judge” as used in sections 20, 24 and 26 of this article shall include commis-
sioners of the supreme court.
15. Nothing in this article shall deprive any person of any right or privilege to retire
and the retirement benefits to which he was entitled immediately prior to the effective
date of this article.
16. A municipal corporation with a population of under four hundred thousand shall
have the right to enforce its ordinances and to conduct prosecutions before an associ-
ate circuit judge in the absence of a municipal judge and in appellate courts under the
process authorized or provided by this article and shall receive and retain any fines to
which it may be entitled. All court costs shall be paid to and deposited monthly in the
state treasury. No filing fees shall be charged in such prosecutions unless and until pro-
vided for by a law enacted after the adoption of this article.
17. Until otherwise provided by law, the circuit courts shall continue to have juris-
diction to review administrative decisions, findings, rules, and orders in the manner and
practice and pursuant to the laws and rules then in force at the time this article becomes
effective.
18. All rights, claims, causes of action and obligations existing and all contracts,
prosecutions, recognizances and other instruments executed or entered into and all
indictments, informations, and complaints which shall have been filed and all actions
which shall have been instituted and all fines, penalties and forfeitures assessed, due or
owing prior to the effective date of this article shall continue to be as valid as if this
article had not been adopted.
19. The general assembly may enact such laws and make such appropriations as
may be necessary to carry out the provisions of this article.
20. All laws and rules inconsistent with the provisions of this article shall, on the
effective date hereof, be and are repealed. Except to the extent inconsistent with the
provisions of this article, all provisions of law and rules of court in force on the effec-
tive date of this amendment shall continue in effect until superseded in a manner
authorized by the constitution or by law.
21. In the event that a new district of the court of appeals is established, the judges
presently serving on any district of the court of appeals shall continue to be judges of
Art. VI CONSTITUTION OF MISSOURI 90

the court of appeals to which appointed although they are not residents of the court of
appeals district in which they serve.
22. Until otherwise provided by law, in any cause heard and determined by an asso-
ciate circuit judge, the associate circuit judge shall utilize electronic, magnetic, or
mechanical sound or video recording devices for the purpose of preserving the record.
Electronic, magnetic, or mechanical recording devices shall be approved by the office
of state courts administrator prior to their utilization by any associate circuit judge.
23. Each circuit in which judges are selected under the nonpartisan court plan, on
the effective date of this article, including the circuits of Platte county, Clay county, and
St. Louis county, shall continue under the nonpartisan court plan until and unless such
method of selection of judges is discontinued by the voters of the circuit as provided
by sections 25(a)–(g) of this article.
24. Judges, other than municipal judges, not selected under the provisions of sec-
tions 25(a)–(g) of this article who on the effective day of this article or within six
months thereafter, are seventy years of age or older, may petition the commission on
retirement, removal and discipline to continue to serve until age seventy-six if he has
not completed a total of twelve years of service as a judge. Judges, other than munici-
pal judges, not selected under the provisions of sections 25(a)–(g) of this article who
are in office on the effective date of this article, may, within six months before attain-
ing the age of seventy years, petition the commission on retirement, removal, and dis-
cipline to be allowed to serve after he has attained that age until age seventy-six or has
completed a total of twelve years of service as a judge, whichever shall first occur. If
the commission finds the petitioner to be able to perform his duties and approves such
service, the petitioner may continue to serve as such a judge until age seventy-six if he
has not completed a total of twelve years of service as a judge at such age. No such
judge shall be permitted to serve as such a judge beyond the age of seventy-six years
regardless of whether or not he has completed a total of twelve years except for the pur-
pose of completing the term to which he was elected or appointed.
(Amended August 3, 1976)

ARTICLE VI
LOCAL GOVERNMENT
SECTION
1. Recognition of existing counties.
2. Continuation of existing organization of counties.
3. Consolidation of counties—allocation of liabilities.
4. Division or diminution of counties.
5. Dissolution of counties—annexation.
6. Removal of county seats.
7. County courts—number of members—powers and duties.
8. Classification of counties—revisions to article VI passed by the 88th general assembly to be retroactive.
9. Alternative forms of county government.
10. Terms of city and county offices.
11. Compensation of county officers—increases in compensation not to require additional services—statement of fees
and salaries.
12. Officers compensated only by salaries in certain counties.
13. Compensation of officers in criminal matters—fees.
14. Joint participation by counties in common enterprises.
15. Classification of cities and towns—uniform laws—change from special to general law.
16. Cooperation by local governments with other governmental units.
17. Consolidation and separation as between municipalities and other political subdivisions.
91 LOCAL GOVERNMENT Art. VI
SPECIAL CHARTERS
SECTION
18(a). County government by special charter—limitations—counties adopting charter or constitutional form shall be a
separate class of counties from classification system.
18(b). Provisions required in county charters.
18(c). Provisions authorized in county charters—participation by county in government of other local units.
18(d). Taxation under county charters.
18(e). Laws affecting charter counties—limitations.
18(f). Petitions for charter commissions—signatures required—procedure.
18(g). Charter commission—appointment, number and qualification of members.
18(h). Adoption of charter—special election—manner of submission.
18(i). Notice of special charter election.
18(j). Certificates of adoption of charter—recordation and deposit—judicial notice.
18(k). Amendments of county charters.
18(l). Limitation on resubmission after defeat of charter.
18(m). County of the first classification may provide a county constitution—content, procedure, limitations.
18(n). Circuit judges may appoint constitution commission, members, qualifications.
18(o). County constitution effective when—submission to electorate for separate vote on any part or alternative sections.
18(p). Publication requirements for text of constitution—election to adopt procedure.
18(q). Constitution may be adopted or rejected by voters—resubmission procedure.
18(r). Certified copies of county constitution to be filed, where—amendments to constitution, procedure.

LOCAL GOVERNMENT
19. Certain cities may adopt charter form of government—procedure to frame and adopt—notice required—effect of.
19(a). Power of charter cities, how limited.
20. Amendment to city charters—procedure to submit and adopt.
21. Reclamation of blighted, substandard or insanitary areas.
22. Laws affecting charter cities—officers and employees.

FINANCES
23. Limitation on ownership of corporate stock, use of credit and grants of public funds by local governments.
23(a). Cities may acquire and furnish industrial plants—indebtedness for.
24. Annual budgets and reports of local government and municipally owned utilities—audits.
25. Limitation on use of credit and grant of public funds by local governments—pensions and retirement plans for
employees of certain cities and counties.
26(a). Limitation on indebtedness of local governments without popular vote.
26(b). Limitation on indebtedness of local government authorized by popular vote.
26(c). Additional indebtedness of counties and cities when authorized by popular vote.
26(d). Additional indebtedness of cities for public improvements—benefit districts—special assessments.
26(e). Additional indebtedness of cities for municipally owned water and light plants—limitations.
26(f). Annual tax to pay and retire obligations within twenty years.
26(g). Contest of elections to authorize indebtedness.
27. Political subdivision revenue bonds for utility, industrial and airport purposes—restrictions.
27(a). Political subdivision revenue bonds issued for utilities and airports, restrictions.
27(b). Political subdivision revenue bonds issued for industrial development, restriction.
27(c). Revenue bonds defined.
28. Refunding bonds.
29. Application of funds derived from public debts.

CITY AND COUNTY OF ST. LOUIS

30(a). Powers conferred with respect to intergovernmental relations—procedure for selection of board of free-holders.
30(b). Appointment of member by governor—meetings of board—vacancies—compensation and reimbursement of mem-
bers—preparation of plan—taxation of real estate affected—submission at special elections—effect of adoption—
certification and recordation—judicial notice.

CITY OF ST. LOUIS

31. Recognition of city of St. Louis as now existing both as a city and a county.
32(a). Amendment of charter of St. Louis.
32(b). Revision of charter of St. Louis—officers to complete terms and staff given opportunity for city employment.
32(c). Effect of revision on retirement.
33. Certification, recordation and deposit of amendments and revised charter—judicial notice.
Art. VI § 1 CONSTITUTION OF MISSOURI 92

Section 1. Recognition of existing counties.—The existing counties are hereby

recognized as legal subdivisions of the state.
Source: Const. of 1875, Art. IX, Sec. 1.

Section 2. Continuation of existing organization of counties.—The existing

organization of counties shall continue until further provisions applicable thereto shall
be provided, as authorized in this constitution.
Section 3. Consolidation of counties—allocation of liabilities.—Two or more
counties may be consolidated by vote of a majority of the qualified electors voting
thereon in each county affected, but no such vote shall be taken more than once in five
years. The former areas shall be held responsible for their respective outstanding lia-
bilities as provided by law.
Section 4. Division or diminution of counties.—No county shall be divided or
have any portion stricken therefrom except by vote of a majority of the qualified elec-
tors voting thereon in each county affected.
Source: Const. of 1875, Art. IX, Secs. 3, 4.

Section 5. Dissolution of counties—annexation.—A county may be dissolved by

vote of two-thirds of the qualified electors of the county voting thereon, and when so
dissolved all or portions thereof may be annexed to the adjoining county or counties as
provided by law.
Section 6. Removal of county seats.—No county seat shall be removed except by
vote of two-thirds of the qualified electors of the county voting thereon at a general
election, but no such vote shall be taken more than once in five years.
Source: Const. of 1875, Art. IX, Sec. 2.

Section 7. County courts—number of members—powers and duties.—In each

county not framing and adopting its own charter or adopting an alternative form of
county government, there shall be elected a county court of three members which shall
manage all county business as prescribed by law, and keep an accurate record of its pro-
ceedings. The voters of any county may reduce the number of members to one or two
as provided by law.
Source: Const. of 1875, Art. VI, Sec. 36.

Section 8. Classification of counties—revisions to article VI passed by the 88th

general assembly to be retroactive.—Provision shall be made by general laws for the
organization and classification of counties except as provided in section 18(a) or sec-
tion 18(m) of this article or otherwise in this constitution. The number of classes shall
not exceed four, and the organization and powers of each class shall be defined by gen-
eral laws so that all counties within the same class shall possess the same powers and
be subject to the same restrictions. The revisions to this article submitted by the first
regular session of the eighty-eighth general assembly are intended to be applied retro-
actively and no law adopted by the general assembly or ordinance or order adopted by
the governing body of a county shall be declared unconstitutional if such law, ordi-
nance or order would have been constitutional had this section, as amended, been in
effect at the time the law was passed, unless the law is declared unconstitutional pur-
suant to a different provision of this constitution.
(Amended April 4, 1995)
93 LOCAL GOVERNMENT Art. VI § 15

Section 9. Alternative forms of county government.—Alternative forms of coun-

ty government for the counties of any particular class and the method of adoption there-
of may be provided by law.
Section 10. Terms of city and county offices.—The terms of city or county offices
shall not exceed four years.
Source: Const. of 1875, Art. IX, Sec. 14.

Section 11. Compensation of county officers—increases in compensation not to

require additional services—statement of fees and salaries.—
1. Except in counties which frame, adopt and amend a charter for their own govern-
ment, the compensation of all county officers shall either be prescribed by law or be
established by each county pursuant to law adopted by the general assembly. A law
which would authorize an increase in the compensation of county officers shall not be
construed as requiring a new activity or service or an increase in the level of any activ-
ity or service within the meaning of this constitution. Every such officer shall file a
sworn statement in detail, of fees collected and salaries paid to his necessary deputies
or assistants, as provided by law.
2. Upon approval of this amendment by the voters of Missouri the compensation of
county officials, or their duly appointed successor, elected at the general election in
1984 or 1986 may be increased during that term in accordance with any law adopted
by the general assembly or, in counties which have adopted a charter for their own gov-
ernment, in accordance with such charter, notwithstanding the provisions of section 13
of article VII of the Constitution of Missouri.
Source: Const. of 1875, Art. IX, Secs. 12, 13. (Amended August 5, 1986)

Section 12. Officers compensated only by salaries in certain counties.—All pub-

lic officers in the city of St. Louis and all state and county officers in counties having
100,000 or more inhabitants, excepting public administrators and notaries public, shall
be compensated for their services by salaries only.
Section 13. Compensation of officers in criminal matters—fees.—All state and
county officers, except constables and justices of the peace, charged with the investi-
gation, arrest, prosecution, custody, care, feeding, commitment, or transportation of
persons accused of or convicted of a criminal offense shall be compensated for their
official services only by salaries, and any fees and charges collected by any such offi-
cers in such cases shall be paid into the general revenue fund entitled to receive the
same, as provided by law. Any fees earned by any such officers in civil matters may be
retained by them as provided by law.
Section 14. Joint participation by counties in common enterprises.—By vote of
a majority of the qualified electors voting thereon in each county affected, any contigu-
ous counties, not exceeding ten, may join in performing any common function or serv-
ice, including the purchase, construction and maintenance of hospitals, alms houses,
road machinery and any other county property, and by separate vote may join in the
common employment of any county officer or employee common to each of the coun-
ties. The county courts shall administer the delegated powers and allocate the costs
among the counties. Any county may withdraw from such joint participation by vote of
a majority of its qualified electors voting thereon.
Section 15. Classification of cities and towns—uniform laws—change from spe-
cial to general law.—The general assembly shall provide by general laws for the
organization and classification of cities and towns. The number of such classes shall
Art. VI § 16 CONSTITUTION OF MISSOURI 94

not exceed four; and the powers of each class shall be defined by general laws so that
all such municipal corporations of the same class shall possess the same powers and be
subject to the same restrictions. The general assembly shall also make provisions, by
general law, whereby any city, town or village, existing by virtue of any special or local
law, may elect to become subject to, and be governed by, the general laws relating to
such corporations.
Source: Const. of 1875, Art. IX, Sec. 7.

Section 16. Cooperation by local governments with other governmental

units.—Any municipality or political subdivision of this state may contract and coop-
erate with other municipalities or political subdivisions thereof, or with other states or
their municipalities or political subdivisions, or with the United States, for the plan-
ning, development, construction, acquisition or operation of any public improvement
or facility, or for a common service, in the manner provided by law.
Section 17. Consolidation and separation as between municipalities and other
political subdivisions.—The government of any city, town or village not in a county
framing, adopting and amending a charter for its own government, may be consolidat-
ed or separated, in whole or in part, with or from that of the county or other political
subdivision in which such city, town or village is situated, as provided by law.

SPECIAL CHARTERS
Section 18(a). County government by special charter—limitations—counties
adopting charter or constitutional form shall be a separate class of counties from
classification system.—Any county having more than 85,000 inhabitants, according to
the census of the United States, may frame and adopt and amend a charter for its own
government as provided in this article, and upon such adoption shall be a body corpo-
rate and politic. In addition and as an alternative to the foregoing, any county which
attains first class county status and maintains such status for at least two years shall be
authorized to frame and adopt and amend a charter for its own government as provid-
ed by this article, and upon such adoption by a vote of the qualified electors of such
county shall be a body corporate and politic. Counties which adopt or which have
adopted a charter or constitutional form of government shall be a separate class of
counties outside of the classification system established under section 8 of this article.
(Amended August 8, 1978) (Amended November 8, 1994) (Amended April 4, 1995)

Section 18(b). Provisions required in county charters.—The charter shall provide

for its amendment, for the form of the county government, the number, kinds, manner
of selection, terms of office and salaries of the county officers, and for the exercise of
all powers and duties of counties and county officers prescribed by the constitution and
laws of the state.
Section 18(c). Provisions authorized in county charters—participation by
county in government of other local units.—The charter may provide for the vesting
and exercise of legislative power pertaining to any and all services and functions of any
municipality or political subdivision, except school districts, in the part of the county
outside incorporated cities; and it may provide, or authorize its governing body to pro-
vide, the terms upon which the county may contract with any municipality or political
subdivision in the county and perform any of the services and functions of any such
municipality or political subdivision.
95 LOCAL GOVERNMENT Art. VI § 18(j)

The charter may provide for the vesting and exercise of legislative power pertaining to
any and all services and functions of any municipality or political subdivision, except
school districts, throughout the entire county within as well as outside incorporated munic-
ipalities; any such charter provision shall set forth the limits within which the municipali-
ties may exercise the same power collaterally and coextensively. When such a proposition
is submitted to the voters of the county the ballot shall contain a clear definition of the
power, function or service to be performed and the method by which it will be financed.
(Amended November 3, 1970)

Section 18(d). Taxation under county charters.—The county shall only impose
such taxes as it is authorized to impose by the constitution or by law.
Section 18(e). Laws affecting charter counties—limitations.—Laws shall be
enacted providing for free and open elections in such counties, and laws may be enact-
ed providing the number and salaries of the judicial officers therein as provided by this
constitution and by law, but no law shall provide for any other office or employee of
the county or fix the salary of any of its officers or employees.
Section 18(f). Petitions for charter commissions—signatures required—proce-
dure.—Whenever a petition for a commission, signed by qualified electors of the
county numbering ten percent of the total vote for governor in the county at the last pre-
ceding general election, is filed with the county commission or other governing body,
the officer or body canvassing election returns shall forthwith finally determine the suf-
ficiency thereof and certify the result to the governing body, which shall give immedi-
ate written notice of the petition to the circuit judges of the county.
(Amended November 8, 1994)

Section 18(g). Charter commission—appointment, number and qualification of

members.—Within sixty days thereafter said judges shall appoint a commission to
frame the charter, consisting of fourteen qualified electors who shall serve without pay
and be equally divided between the two political parties casting the greater number of
votes for governor at the last preceding general election.
(Amended November 8, 1994)

Section 18(h). Adoption of charter—special election—manner of submission.—

The charter framed by the commission shall take effect on the day fixed therein and
shall supersede any existing charter or government, if approved by vote of a majority
of the qualified electors of the county voting thereon at a special election held on a day
fixed by the commission and not less than thirty days after the completion of the char-
ter nor more than one year from the day of the selection of the commission. The com-
mission may submit for separate vote any parts of the charter, or any alternative sec-
tions or articles, and the alternative sections or articles receiving the larger affirmative
vote shall prevail if a charter is adopted.
Section 18(i). Notice of special charter election.—The body canvassing election
returns shall publish notice of the election at least once a week for at least three weeks
in at least two newspapers of general circulation in the county, the last publication to
be not more than three nor less than two weeks next preceding the election.
Section 18(j). Certificates of adoption of charter—recordation and deposit—
judicial notice.—Duplicate certificates shall be made, setting forth the charter adopt-
ed and its ratification, signed by the officer or members of the body canvassing elec-
tion returns; one of such certified copies shall be deposited in the office of the secre-
Art. VI § 18(k) CONSTITUTION OF MISSOURI 96

tary of state and the other, after being recorded in the records of the county, shall be
deposited among the archives of the county and all courts shall take judicial notice
thereof. This section shall also apply to any amendment to the charter.
Section 18(k). Amendments of county charters.—All amendments to such char-
ter approved by the voters shall become a part of the charter at the time and under the
conditions fixed in the amendment.
Section 18(l). Limitation on resubmission after defeat of charter.—No charter
shall be submitted to the electors within the two years next following the election at
which a charter was defeated.
Section 18(m). County of the first classification may provide a county constitu-
tion—content, procedure, limitations.—Any county of the first classification may
adopt an alternative form of government to that provided in sections 18(a)–(g) of this
article and frame a county constitution as provided in sections 18(m)–(r) of this article.
The constitution may provide for the vesting of any and all powers the general assem-
bly has the authority to confer, provided such powers are not limited or denied by laws
of this state, except those powers to regulate and provide for free and open elections.
A county approving the alternative form of government and adopting a county consti-
tution in the manner prescribed by sections 18(m)–(r) of this article shall only impose
such taxes as it is authorized by the constitution and law to impose. The county com-
mission of such a county may authorize the submission of the question by placing it on
the ballot on any election day established by law. The circuit judges of the circuit where
such county is located shall establish a county constitution commission if the qualified
voters of the county approve the question.
(Adopted November 8, 1994)

18(n). Circuit judges may appoint constitution commission, members, qualifi-

cations.—If the question is approved, the circuit judges of the circuit where such coun-
ty is located shall, within sixty days after certification of the election results by the
election authority, appoint a commission to frame the county constitution, consisting of
fourteen residents of the county who shall serve without pay and be equally divided
between the two political parties casting the greater number of votes for governor at the
last preceding gubernatorial election.
(Adopted November 8, 1994)

18(o). County constitution, effective when—submission to electorate for sepa-

rate vote on any part or alternative sections.—The county constitution framed by
the commission shall take effect on the day fixed therein and shall supersede any exist-
ing charter, county constitution or government, if approved by the majority of the qual-
ified voters of the county voting thereon. The county constitution shall be submitted by
the county constitution commission to the election authority of the county not later than
thirty days after the completion of the county constitution and not more than one year
from the date of the selection of the county constitution commission by the circuit
court. The commission may submit for separate vote any part of the county constitu-
tion, or any alternative sections or articles, and the alternative sections or articles
receiving the larger affirmative vote shall prevail if a constitution is adopted.
(Adopted November 8, 1994)

18(p). Publication requirements for text of constitution—election to adopt pro-

cedure.—In addition to notices required under the election laws of the state, the elec-
tion authority shall publish the full text of the county constitution in each newspaper of
97 LOCAL GOVERNMENT Art. VI § 19

general circulation in the county at least once a week for at least three weeks, the last
publication to be not more than three nor less than two weeks immediately preceding
the election. Except as otherwise provided herein, the election shall be conducted under
Missouri election law.
(Adopted November 8, 1994)

18(q). Constitution may be adopted or rejected by voters—resubmission pro-

cedure.—If a majority of the votes cast by the qualified voters voting on the county
constitution are in favor of the proposal, then the county constitution shall be adopted.
If a majority of the votes cast by the qualified voters voting thereon are opposed to the
proposal, the county constitution shall not be adopted. A proposal to create a county
constitution may not be resubmitted to the voters except after the voters approve the
selection of a commission to draft a county constitution as provided in section 18(m)
of this article and such proposal shall not be resubmitted to the voters until two years
after the proposed county constitution has been rejected.
(Adopted November 8, 1994)

18(r). Certified copies of county constitution to be filed, where—amendments

to constitution, procedure.—Duplicate certificates shall be made, setting forth the
adopted county constitution, and its ratification signed by the election authority of the
county after canvassing election returns. One of the certified copies shall be deposited
in the office of the secretary of state and the other, after being recorded in the records
of the county, shall be deposited among the archives of the county and all courts shall
take judicial notice thereof. Amendments shall be certified and deposited in the same
way. Amendments to the county constitution shall be approved by the voters and shall
become part of the county constitution at the time and under the conditions fixed in
each amendment.
(Adopted November 8, 1994)

LOCAL GOVERNMENT
Section 19. Certain cities may adopt charter form of government—procedure
to frame and adopt—notice required—effect of.—Any city having more than five
thousand inhabitants or any other incorporated city as may be provided by law may
frame and adopt a charter for its own government. The legislative body of the city may,
by ordinance, submit to the voters the question: “Shall a commission be chosen to
frame a charter?” If the ordinance takes effect more than sixty days before the next
election, the question shall be submitted at such election and if not, then at the next
general election thereafter, except as herein otherwise provided. The question shall also
be submitted on a petition signed by ten percent of the qualified electors of the city,
filed with the body or official in charge of the city elections. If the petition prays for a
special election and is signed by twenty percent of the qualified electors, a special elec-
tion shall be held not less than sixty nor more than ninety days after the filing of the
petition. The number of electors required to sign any petition shall be based upon the
total number of electors voting at the last preceding general city election. The election
body or official shall forthwith finally determine the sufficiency of the petition. The
question, and the names or the groups of names of the electors of the city who are can-
didates for the commission, shall be printed on the same ballot without party designa-
tion. Candidates for the commission shall be nominated by petition signed by not less
than two percent of the qualified electors voting at the next preceding city election, and
Art. VI § 19(a) CONSTITUTION OF MISSOURI 98

filed with the election body or official at least thirty days prior to the election; provid-
ed that the signatures of one thousand electors shall be sufficient to nominate a candi-
date. If a majority of the electors voting on the question vote in the affirmative, the thir-
teen candidates receiving the highest number of votes shall constitute the commission.
On the death, resignation or inability of any member to serve, the remaining members
of the commission shall select the successor. All necessary expenses of the commission
shall be paid by the city. The charter so framed shall be submitted to the electors of the
city at an election held at the time fixed by the commission, but not less than thirty days
subsequent to the completion of the charter nor more than one year from the date of the
election of the commission. The commission may submit for separate vote any parts of
the charter, or any alternative sections or articles, and the alternative sections or articles
receiving the larger affirmative vote shall prevail if a charter is adopted. If the charter
be approved by the voters it shall become the charter of such city at the time fixed
therein and shall supersede any existing charter and amendments thereof. Duplicate
certificates shall be made, setting forth the charter adopted and its ratification, signed
by the chief magistrate of the city, and authenticated by its corporate seal. One of such
certified copies shall be deposited in the office of the secretary of state and the other,
after being recorded in the records of the city, shall be deposited among the archives of
the city and all courts shall take judicial notice thereof. The notice of the election shall
be published at least once a week on the same day of the week for at least three weeks
in some daily or weekly newspaper of general circulation in the city or county, admit-
ted to the post office as second class matter, regularly and consecutively published for
at least three years, and having a list of bona fide subscribers who have voluntarily paid
or agreed to pay a stated price for a subscription for a definite period of time, the last
publication to be within two weeks of the election.
Source: Const. of 1875, Art. IX, Sec. 16 (Adopted November 2, 1920) (Amended October 5, 1971)

Section 19(a). Power of charter cities, how limited.—Any city which adopts or
has adopted a charter for its own government, shall have all powers which the general
assembly of the state of Missouri has authority to confer upon any city, provided such
powers are consistent with the constitution of this state and are not limited or denied
either by the charter so adopted or by statute. Such a city shall, in addition to its home
rule powers, have all powers conferred by law.
(Adopted October 5, 1971)

Section 20. Amendment to city charters—procedure to submit and adopt.—

Amendments of any city charter adopted under the foregoing provisions may be sub-
mitted to the electors by a commission as provided for a complete charter. Amendments
may also be proposed by the legislative body of the city or by petition of not less than
ten percent of the registered qualified electors of the city, filed with the body or official
having charge of the city elections, setting forth the proposed amendment. The legisla-
tive body shall at once provide, by ordinance, that any amendment so proposed shall
be submitted to the electors at the next election held in the city not less than sixty days
after its passage, or at a special election held as provided for a charter. Any amendment
approved by a majority of the qualified electors voting thereon, shall become a part of
the charter at the time and under the conditions fixed in the amendment; and sections
or articles may be submitted separately or in the alternative and determined as provid-
ed for a complete charter.
Source: Const. of 1875, Art. IX, Sec. 17 (Adopted November 2, 1920)
99 LOCAL GOVERNMENT Art. VI § 25

Section 21. Reclamation of blighted, substandard or insanitary areas.—Laws

may be enacted, and any city or county operating under a constitutional charter may
enact ordinances, providing for the clearance, replanning, reconstruction, redevelop-
ment and rehabilitation of blighted, substandard or insanitary areas, and for recreation-
al and other facilities incidental or appurtenant thereto, and for taking or permitting the
taking, by eminent domain, of property for such purposes, and when so taken the fee
simple title to the property shall vest in the owner, who may sell or otherwise dispose
of the property subject to such restrictions as may be deemed in the public interest.
Section 22. Laws affecting charter cities—officers and employees.—No law
shall be enacted creating or fixing the powers, duties or compensation of any munici-
pal office or employment, for any city framing or adopting its own charter under this
or any previous constitution, and all such offices or employments heretofore created
shall cease at the end of the terms of any present incumbents.

FINANCES
Section 23. Limitation on ownership of corporate stock, use of credit and
grants of public funds by local governments.—No county, city or other political cor-
poration or subdivision of the state shall own or subscribe for stock in any corporation
or association, or lend its credit or grant public money or thing of value to or in aid of
any corporation, association or individual, except as provided in this constitution.
Source: Const. of 1875, Art. IV, Sec. 47, Art. IX, Sec. 6.

Section 23(a). Cities may acquire and furnish industrial plants—indebtedness

for.—By vote of two-thirds of the qualified electors thereof voting thereon, any coun-
ty, city or incorporated town or village in this state may become indebted for and may
purchase, construct, extend or improve plants to be leased or otherwise disposed of pur-
suant to law to private persons or corporations for manufacturing, warehousing and
industrial development purposes, including the real estate, buildings, fixtures and
machinery; and the indebtedness incurred hereunder shall not be subject to the provi-
sions of sections 26(a), 26(b), 26(c), 26(d) and 26(e) of Article VI of this Constitution;
but any indebtedness incurred hereunder for this purpose shall not exceed ten percent
of the value of taxable tangible property in the county, city, or incorporated town or vil-
lage as shown by the last completed assessment for state and county purposes.
(Adopted November 8, 1960) (Amended November 5, 1974)

Section 24. Annual budgets and reports of local government and municipally
owned utilities—audits.—As prescribed by law all counties, cities, other legal subdi-
visions of the state, and public utilities owned and operated by such subdivisions shall
have an annual budget, file annual reports of their financial transactions, and be audit-
ed.
Section 25. Limitation on use of credit and grant of public funds by local gov-
ernments—pensions and retirement plans for employees of certain cities and
counties.—No county, city or other political corporation or subdivision of the state
shall be authorized to lend its credit or grant public money or property to any private
individual, association or corporation except as provided in Article VI, Section 23(a)
and except that the general assembly may authorize any county, city or other political
corporation or subdivision to provide for the retirement or pensioning of its officers and
employees and the surviving spouses and children of deceased officers and employees
Art. VI § 26(a) CONSTITUTION OF MISSOURI 100

and may also authorize payments from any public funds into a fund or funds for pay-
ing benefits upon retirement, disability or death to persons employed and paid out of
any public fund for educational services and to their beneficiaries or estates; and
except, also, that any county of the first class is authorized to provide for the creation
and establishment of death benefits, pension and retirement plans for all its salaried
employees, and the surviving spouses and minor children of such deceased employees;
and except also, any county, city or political corporation or subdivision may provide
for the payment of periodic cost of living increases in pension and retirement benefits
paid under this section to its retired officers and employees and spouses of deceased
officers and employees, provided such pension and retirement systems will remain
actuarially sound.
Source: Const. of 1875, Art. IV, Secs. 47, 47a, 48a (as amended November 2, 1948). (Amended January 14, 1966)
(Amended November 6, 1984)

Section 26(a). Limitation on indebtedness of local governments without popu-

lar vote.—No county, city, incorporated town or village, school district or other polit-
ical corporation or subdivision of the state shall become indebted in an amount exceed-
ing in any year the income and revenue provided for such year plus any unencumbered
balances from previous years, except as otherwise provided in this constitution.
Source: Const. of 1875, Art. X, Sec. 12 (Adopted November 2, 1920).

Section 26(b). Limitation on indebtedness of local government authorized by

popular vote.—Any county, city, incorporated town or village or other political corpo-
ration or subdivision of the state, by vote of the qualified electors thereof voting there-
on, may become indebted in an amount not to exceed five percent of the value of tax-
able tangible property therein as shown by the last completed assessment for state or
county purposes, except that a school district by a vote of the qualified electors voting
thereon may become indebted in an amount not to exceed fifteen percent of the value
of such taxable tangible property. For elections referred to in this section the vote
required shall be four-sevenths at the general municipal election day, primary or gen-
eral elections and two-thirds at all other elections.
Source: Const. of 1875, Art. X, Sec. 12 (as adopted November 2, 1920). (Amended August 2, 1988) (Amended April 7,
1998)

Section 26(c). Additional indebtedness of counties and cities when authorized

by popular vote.—Any county or city, by a vote of the qualified electors thereof vot-
ing thereon, may incur an additional indebtedness for county or city purposes not to
exceed five percent of the taxable tangible property shown as provided in section 26(b).
For elections referred to in this section the vote required shall be four-sevenths at the
general municipal election day, primary or general elections and two-thirds at all other
elections.
Source: Const. of 1875, Art. X, Sec. 12. (Amended August 2, 1988)

Section 26(d). Additional indebtedness of cities for public improvements—ben-

efit districts—special assessments.—Any city, by vote of the qualified electors there-
of voting thereon, may become indebted not exceeding in the aggregate an additional
ten percent of the value of the taxable tangible property shown as provided in section
26(b), for the purpose of acquiring rights-of-way, constructing, extending and improv-
ing the streets and avenues and acquiring rights-of-way, constructing, extending and
improving sanitary or storm sewer systems. The governing body of the city may pro-
vide that any portion or all of the cost of any such improvement be levied and assessed
by the governing body on property benefited by such improvement, and the city shall
101 LOCAL GOVERNMENT Art. VI § 27

collect any special assessments so levied and shall use the same to reimburse the city
for the amount paid or to be paid by it on the bonds of the city issued for such improve-
ment. For elections referred to in this section the vote required shall be four-sevenths
at the general municipal election day, primary or general elections and two-thirds at all
other elections.
(Amended August 2, 1988)

Section 26(e). Additional indebtedness of cities for municipally owned water

and light plants—limitations.—Any city, by vote of the qualified electors thereof vot-
ing thereon, may incur an indebtedness in an amount not to exceed an additional ten
percent of the value of the taxable tangible property shown as provided in section
26(b), for the purpose of paying all or any part of the cost of purchasing or construct-
ing waterworks, electric or other light plants to be owned exclusively by the city, pro-
vided the total general obligation indebtedness of the city shall not exceed twenty per-
cent of the assessed valuation. For elections referred to in this section the vote required
shall be four-sevenths at the general municipal election day, primary or general elec-
tions and two-thirds at all other elections.
Source: Const. of 1875, Art. X, Secs. 12, 12a (as adopted November 2, 1920). (Amended August 2, 1988)

Section 26(f). Annual tax to pay and retire obligations within twenty years.—
Before incurring any indebtedness every county, city, incorporated town or village,
school district, or other political corporation or subdivision of the state shall provide
for the collection of an annual tax on all taxable tangible property therein sufficient to
pay the interest and principal of the indebtedness as they fall due, and to retire the same
within twenty years from the date contracted.
Source: Const. of 1875, Art. X, Secs. 12, 12a.

Section 26(g). Contest of elections to authorize indebtedness.—All elections

under this article may be contested as provided by law.
Section 27. Political subdivision revenue bonds for utility, industrial and air-
port purposes—restrictions.— Any city or incorporated town or village in this state,
by vote of a majority of the qualified electors thereof voting thereon, and any joint
board or commission, established by a joint contract between municipalities or politi-
cal subdivisions in this state, by compliance with then applicable requirements of law,
may issue and sell its negotiable interest bearing revenue bonds for the purpose of pay-
ing all or part of the cost of purchasing, construction, extending or improving any of
the following projects:
(1) Revenue producing water, sewer, gas or electric light works, heating or power
plants;
(2) Plants to be leased or otherwise disposed of pursuant to law to private persons
or corporations for manufacturing and industrial development purposes, including the
real estate, buildings, fixtures and machinery; or
(3) Airports.
The project shall be owned by the municipality or by the cooperating municipalities
or political subdivisions or the joint board or commission, either exclusively or jointly
or by participation with cooperatives or municipally owned or public utilities, the cost
of operation and maintenance and the principal and interest of the bonds to be payable
solely from the revenues derived by the municipality or by the cooperating municipali-
ties or political subdivisions or the joint board or commission from the operation of the
utility or the lease or operation of the project. The bonds shall not constitute an indebt-
edness of the state, or of any political subdivision thereof, and neither the full faith and
Art. VI § 27(a) CONSTITUTION OF MISSOURI 102

credit nor the taxing power of the state or of any political subdivision thereof is pledged
to the payment of or the interest on such bonds. Nothing in this section shall affect the
ability of the public service commission to regulate investor-owned utilities.
(Amended November 8, 1960) (Amended August 17, 1965) (Amended November 5, 1974) (Amended November 7,
1978) (Amended November 4, 1986) (Amended November 3, 1998) (Amended November 5, 2002)

Section 27(a). Political subdivision revenue bonds issued for utilities and air-
ports, restrictions.—Any county, city or incorporated town or village in this state, by
vote of a majority of the qualified electors thereof voting thereon, may issue and sell
its negotiable interest bearing revenue bonds for the purpose of paying all or part of the
cost of purchasing, constructing, extending or improving any of the following: (1) rev-
enue producing water, gas or electric light works, heating or power plants; or (2) air-
ports; to be owned exclusively by the county, city or incorporated town or village, the
cost of operation and maintenance and the principal and interest of the bonds to be
payable solely from the revenues derived by the county, city or incorporated town or
village from the operation of the utility or airport.
(Adopted November 7, 1978)

Section 27(b). Political subdivision revenue bonds issued for industrial develop-
ment, restriction.—Any county, city or incorporated town or village in this state, by a
majority vote of the governing body thereof, may issue and sell its negotiable interest
bearing revenue bonds for the purpose of paying all or part of the cost of purchasing,
constructing, extending or improving any facility to be leased or otherwise disposed of
pursuant to law to private persons or corporations for manufacturing, commercial,
warehousing and industrial development purposes, including the real estate, buildings,
fixtures and machinery. The cost of operation and maintenance and the principal and
interest of the bonds shall be payable solely from the revenues derived by the county,
city, or incorporated town or village from the lease or other disposal of the facility.
(Adopted November 7, 1978)

Section 27(c). Revenue bonds defined.—As used in article VI, sections 27(a) and
27(b), the term “revenue bonds” means bonds neither the interest nor the principal of
which is an indebtedness or obligation of the issuing county, city or incorporated town
or village.
(Adopted November 7, 1978)

Section 28. Refunding bonds.—For the purpose of refunding, extending, and unify-
ing the whole or any part of its valid bonded indebtedness any county, city, school dis-
trict, or other political corporation or subdivision of the state, under terms and conditions
prescribed by law may issue refunding bonds not exceeding in amount the principal of
the outstanding indebtedness to be refunded and the accrued interest to the date of such
refunding bonds. The governing authority shall provide for the payment of interest at not
to exceed the same rate, and the principal of such refunding bonds, in the same manner
as was provided for the payment of interest and principal of the bonds refunded.
Section 29. Application of funds derived from public debts.—The moneys aris-
ing from any loan, debt, or liability contracted by the state, or any county, city, or other
political subdivision, shall be applied to the purposes for which they were obtained, or
to the repayment of such debt or liability, and not otherwise.
Source: Const. of 1875, Art. X, Sec. 20.
103 LOCAL GOVERNMENT Art. VI § 30(b)

CITY AND COUNTY OF ST. LOUIS

Section 30(a). Powers conferred with respect to intergovernmental relations—
procedure for selection of board of freeholders.—The people of the city of St. Louis
and the people of the county of St. Louis shall have power (1) to consolidate the terri-
tories and governments of the city and county into one political subdivision under the
municipal government of the city of St. Louis; or, (2) to extend the territorial boundaries
of the county so as to embrace the territory within the city and to reorganize and con-
solidate the county governments of the city and county, and adjust their relations as thus
united, and thereafter the city may extend its limits in the manner provided by law for
other cities; or, (3) to enlarge the present or future limits of the city by annexing there-
to part of the territory of the county, and to confer upon the city exclusive jurisdiction
of the territory so annexed to the city; or, (4) to establish a metropolitan district or dis-
tricts for the functional administration of services common to the area included therein;
or, (5) to formulate and adopt any other plan for the partial or complete government of
all or any part of the city and the county. The power so given shall be exercised by the
vote of the people of the city and county upon a plan prepared by a board of freehold-
ers consisting of nineteen members, nine of whom shall be electors of the city and nine
electors of the county and one an elector of some other county. Upon the filing with the
officials in general charge of elections in the city of a petition proposing the exercise of
the powers hereby granted, signed by registered voters of the city in such number as
shall equal three percent of the total vote cast in the city at the last general election for
governor, and the certification thereof by the election officials to the mayor, and to the
governor, then, within ten days after the certification the mayor shall, with the approval
of a majority of the board of aldermen, appoint the city’s nine members of the board,
not more than five of whom shall be members of or affiliated with the same political
party. Each member so appointed shall be given a certificate certifying his appointment
signed by the mayor and attested by the seal of the city. Upon the filing with the offi-
cials in general charge of elections in the county of a similar petition signed by regis-
tered voters of the county, in such number as shall equal three percent of the total vote
cast in the county at the last general election for governor, and the certification thereof
by the county election officials to the county supervisor of the county and to the gover-
nor, within ten days after the certification, the county supervisor shall, with the approval
of a majority of the county council, appoint the county’s nine members of the board, not
more than five of whom shall be members of or affiliated with the same political party.
Each member so appointed shall be given a certificate of his appointment signed by the
county supervisor and attested by the seal of the county.
Source: Const. of 1875, Art. IX, Sec. 26 (as adopted November 4, 1924). (Amended November 8, 1966)

Section 30(b). Appointment of member by governor—meetings of board—vacan-

cies—compensation and reimbursement of members—preparation of plan—taxa-
tion of real estate affected—submission at special elections—effect of adoption—cer-
tification and recordation—judicial notice.—Upon certification of the filing of such
similar petitions by the officials in general charge of elections of the city and the county,
the governor shall appoint one member of the board who shall be a resident of the state,
but shall not reside in either the city or the county, who shall be given a certificate of his
appointment signed by the governor and attested by the seal of the state. The freeholders
of the city and county shall fix reasonable compensation and expenses for the freeholder
appointed by the governor and the cost shall be paid equally by the city and county. The
appointment of the board shall be completed within thirty days after the certification of
the filing of the petition, and at ten o’clock on the second Monday after their appointment
Art. VI § 31 CONSTITUTION OF MISSOURI 104

the members of the board shall meet in the chamber of the board of aldermen in the city
hall of the city and shall proceed with the discharge of their duties, and shall meet at such
other times and places as shall be agreed upon. On the death, resignation or inability of
any member of the board to serve, the appointing authority shall select the successor. The
board shall prepare and propose a plan for the execution of the powers herein granted and
for the adjustment of all matters and issues arising thereunder. The members of the board
shall receive no compensation for their services as members, but the necessary expenses
of the board shall be paid one-half by the county and one-half by the city on vouchers
signed by the chairman of the board. The plan shall be signed in duplicate by the board
or a majority thereof, and one copy shall be returned to the officials having general charge
of elections in the city, and the other to such officials in the county, within one year after
the appointment of the board. Said election officials shall cause separate elections to be
held in the city and county, on the day fixed by the freeholders, at which the plan shall be
submitted to the qualified voters of the city and county separately. The elections shall not
be less than ninety days after the filing of the plan with said officials, and not on or with-
in seventy days of any state or county primary or general election day in the city or coun-
ty. The plan shall provide for the assessment and taxation of real estate in accordance with
the use to which it is being put at the time of the assessment, whether agricultural, indus-
trial or other use, giving due regard to the other provisions of this constitution. If a major-
ity of the qualified electors of the city voting thereon, and a majority of the qualified elec-
tors of the county voting thereon at the separate elections shall vote for the plan, then, at
such time as shall be prescribed therein, the same shall become the organic law of the ter-
ritory therein defined, and shall take the place of and supersede all laws, charter provi-
sions and ordinances inconsistent therewith relating to said territory. If the plan be adopt-
ed, copies thereof, certified to by said election officials of the city and county, shall be de-
posited in the office of the secretary of state and recorded in the office of the recorder of
deeds for the city, and in the office of the recorder of deeds of the present county, and the
courts of this state shall take judicial notice thereof.
Source: Const. of 1875, Art. IX, Sec. 26 (as adopted November 4, 1924).

CITY OF ST. LOUIS

Section 31. Recognition of city of St. Louis as now existing both as a city and as
a county. — The city of St. Louis, as now existing, is recognized both as a city and as
a county unless otherwise changed in accordance with the provisions of this constitu-
tion. As a city it shall continue for city purposes with its present charter, subject to
changes and amendments provided by the constitution or by law, and with the powers,
organization, rights and privileges permitted by this constitution or by law. As a coun-
ty, it shall not be required to adopt a county charter but may, except for the office of
circuit attorney, amend or revise its present charter to provide for the number, kinds,
manner of selection, terms of office and salaries of its county officers, and for the exer-
cise of all powers and duties of counties and county officers prescribed by the consti-
tution and laws of the state.
(Amended November 5, 2002)

Section 32(a). Amendment of charter of St. Louis.—The charter of the city of St.
Louis now existing, or as hereafter amended or revised, may be amended or revised for
city or county purposes from time to time by proposals therefor submitted by the law-
making body of the city to the qualified voters thereof, at a general or special election
held at least sixty days after the publication of such proposals, and accepted by three-
105 PUBLIC OFFICERS Art. VII

fifths of the qualified electors voting for or against each of said amendments or revi-
sions so submitted.
Source: Const. of 1875, Art. IX, Sec. 22 (as amended November 6, 1934). (Amended November 5, 2002)

Section 32(b). Revision of charter of St. Louis—officers to complete terms and

staff given opportunity for city employment. — In the event of any amendment or
revision of the charter of the city of St. Louis which shall reorganize any county office
and/or transfer any or all of the duties, powers and functions of any county officer who
is then in office, the officer shall serve out the remainder of his or her term, and the
amendment or revision of the charter of the city of St. Louis shall take effect, as to such
office, upon the expiration of the term of such office holder. In the event of any amend-
ment or revision of the charter of the city of St. Louis which shall reorganize any coun-
ty office and/or transfer any or all of the duties, powers and functions of any county offi-
cer, all of the staff of such office shall be afforded the opportunity to become employ-
ees of the city of St. Louis with their individual seniority and compensation unaffected
and on such other comparable terms and conditions as may be fair and equitable.
Source: Const. of 1875, Art. IX § 22 (as amended Nov. 6, 1934). (Amended November 5, 2002)

Section 32(c). Effect of revision on retirement.—An amendment or revision

adopted pursuant to section 32(a) of this article shall not deprive any person of any
right or privilege to retire and to retirement benefits, if any, to which he or she was enti-
tled immediately prior to the effective date of that amendment or revision.
(Adopted November 5, 2002)

Section 33. Certification, recordation and deposit of amendments and revised

charter—judicial notice.—Copies of any new or revised charter of the city of St.
Louis or of any amendments to the present, or to any new or revised charter, with a cer-
tificate thereto appended, signed by the chief executive and authenticated by the seal of
the city, setting forth the submission to and ratification thereof, by the qualified voters
of the city shall be made in duplicate, one of which shall be deposited in the office of
the secretary of state, and the other, after being recorded in the office of the recorder of
deeds of the city, shall be deposited among the archives of the city, and thereafter all
courts of this state shall take judicial notice thereof.
Source: Const. of 1875, Art. IX, Sec. 21.

ARTICLE VII
PUBLIC OFFICERS
SECTION
1. Impeachment—officers liable—grounds.
2. Power of impeachment—trial of impeachments.
3. Effect of judgment of impeachment.
4. Removal of officers not subject to impeachment.
5. Election contests—executive state officers—other election contests.
6. Penalty for nepotism.
7. Appointment of officers.
8. Qualifications for public office—nonresidents.
9. Disqualification by federal employment—exceptions.
10. Equality of sexes in public service.
11. Oath of office.
12. Tenure of office.
13. Limitation on increase of compensation and extension of terms of office.
14. Statement of actuary required before retirement benefits substantially changed.
Art. VII § 1 CONSTITUTION OF MISSOURI 106

Section 1. Impeachment—officers liable—grounds.—All elective executive offi-

cials of the state, and judges of the supreme court, courts of appeals and circuit courts
shall be liable to impeachment for crimes, misconduct, habitual drunkenness, willful
neglect of duty, corruption in office, incompetency, or any offense involving moral
turpitude or oppression in office.
Source: Const. of 1875, Art. VII, Sec. 1 (as amended February 26, 1924).

Section 2. Power of impeachment—trial of impeachments.—The house of rep-

resentatives shall have the sole power of impeachment. All impeachments shall be tried
before the supreme court, except that the governor or a member of the supreme court
shall be tried by a special commission of seven eminent jurists to be elected by the sen-
ate. The supreme court or special commission shall take an oath to try impartially the
person impeached, and no person shall be convicted without the concurrence of five-
sevenths of the court or special commission.
Source: Const. of 1875, Art. VII, Sec. 2 (as amended February 26, 1924).

Section 3. Effect of judgment of impeachment.—Judgment of impeachment shall

not extend beyond removal from office, but shall not prevent punishment of such offi-
cer by the courts on charges growing out of the same matter.
Source: Const. of 1875, Art. VII, Sec. 2.

Section 4. Removal of officers not subject to impeachment.—Except as provid-

ed in this constitution, all officers not subject to impeachment shall be subject to
removal from office in the manner and for the causes provided by law.
Source: Const. of 1875, Art. XIV, Sec. 7.

Section 5. Election contests—executive state officers—other election contests.—

Contested elections for governor, lieutenant governor and other executive state officers shall
be had before the supreme court in the manner provided by law, and the court may appoint
one or more commissioners to hear the testimony. The trial and determination of contested
elections of all other public officers in the state, shall be by courts of law, or by one or more
of the judges thereof. The general assembly shall designate by general law the court or
judge by whom the several classes of election contests shall be tried and regulate the man-
ner of trial and all matters incident thereto; but no law assigning jurisdiction or regulating
its exercise shall apply to the contest of any election held before the law takes effect.
Source: Const. of 1875, Art. VIII, Sec. 8 (as amended February 26, 1924).

Section 6. Penalty for nepotism.—Any public officer or employee in this state who
by virtue of his office or employment names or appoints to public office or employ-
ment any relative within the fourth degree, by consanguinity or affinity, shall thereby
forfeit his office or employment.
Source: Const. of 1875, Art. XIV, Sec. 13 (as adopted February 26, 1924).

Section 7. Appointment of officers.—Except as provided in this constitution, the

appointment of all officers shall be made as prescribed by law.
Source: Const. of 1875, Art. XIV, Sec. 9.

Section 8. Qualifications for public office—nonresidents.—No person shall be

elected or appointed to any civil or military office in this state who is not a citizen of
the United States, and who shall not have resided in this state one year next preceding
his election or appointment, except that the residence in this state shall not be neces-
sary in cases of appointment to administrative positions requiring technical or special-
ized skill or knowledge.
Source: Const. of 1875, Art. VIII, Sec. 10 (as amended February 26, 1924).
107 SUFFRAGE AND ELECTIONS Art. VIII

Section 9. Disqualification by federal employment—exceptions.—No person

holding an office of profit under the United States shall hold any office of profit in this
state, members of the organized militia or of the reserve corps excepted.
Source: Const. of 1875, Art. XIV, Sec. 4.

Section 10. Equality of sexes in public service.—No person shall be disqualified

from holding office in this state because of sex.
Source: Const. of 1875, Art. VIII, Sec. 11 (Adopted August 2, 1921).

Section 11. Oath of office.—Before taking office, all civil and military officers in
this state shall take and subscribe an oath or affirmation to support the Constitution of
the United States and of this state, and to demean themselves faithfully in office.
Source: Const. of 1875, Art. XIV, Sec. 6.

Section 12. Tenure of office.—Except as provided in this constitution, and subject

to the right of resignation, all officers shall hold office for the term thereof, and until
their successors are duly elected or appointed and qualified.
Source: Const. of 1875, Art. XIV, Sec. 5.

Section 13. Limitation on increase of compensation and extension of terms of

office.—The compensation of state, county and municipal officers shall not be
increased during the term of office; nor shall the term of any officer be extended.
Source: Const. of 1875, Art. XIV, Sec. 8.

Section 14. Statement of actuary required before retirement benefits substan-

tially changed.—The legislative body which stipulates by law the amount and type of
retirement benefits to be paid by a retirement plan covering elected or appointed pub-
lic officials or both, shall, before taking final action of any substantial proposed change
in future benefits, cause to be prepared a statement regarding the cost of such change.
Such statement of cost shall be prepared by a qualified actuary with experience in
retirement plan financing and such statement shall be available for public inspection.
The general assembly shall provide by law applicable standards and requirements gov-
erning the preparation, content, and disposition of such statements of cost.
(Adopted August 8, 1978)

ARTICLE VIII
SUFFRAGE AND ELECTIONS
SECTION
1. Time of general elections.
2. Qualifications of voters—disqualifications.
3. Methods of voting—secrecy of ballot—exceptions.
4. Privilege of voters from arrest—exceptions.
5. Registration of voters.
6. Retention of residence for voting purposes.
7. Absentee voting.
15. Preamble.
16. Congressional term limits amendment.
17. Voter instruction on term limits for members of congress—ballots to include “disregarded voters’ instruction on
term limits”, when.
18. Voter instruction on term limit pledge for non-incumbents.
19. Secretary of state, duties regarding ballot designations.
20. Automatic repeal.
21. Legal challenges, jurisdiction.
22. Severability.
Art. VIII § 1 CONSTITUTION OF MISSOURI 108

Section 1. Time of general elections.—The general election shall be held on the

Tuesday next following the first Monday in November of each even year, unless a dif-
ferent day is fixed by law, two-thirds of all members of each house assenting.
Source: Const. of 1875, Art. VIII, Sec. 1 (as amended February 26, 1924).

Section 2. Qualifications of voters—disqualifications.—All citizens of the United

States, including occupants of soldiers’ and sailors’ homes, over the age of eighteen who are
residents of this state and of the political subdivision in which they offer to vote are entitled
to vote at all elections by the people, if the election is one for which registration is required
if they are registered within the time prescribed by law, or if the election is one for which
registration is not required, if they have been residents of the political subdivision in which
they offer to vote for thirty days next preceding the election for which they offer to vote:
Provided however, no person who has a guardian of his or her estate or person by reason of
mental incapacity, appointed by a court of competent jurisdiction and no person who is
involuntarily confined in a mental institution pursuant to an adjudication of a court of com-
petent jurisdiction shall be entitled to vote, and persons convicted of felony, or crime con-
nected with the exercise of the right of suffrage may be excluded by law from voting.
Source: Const. of 1875, Art. VIII, Sec. 2 (as amended November 4, 1958). (Amended November 5, 1974)

Section 3. Methods of voting—secrecy of ballot—exceptions.—All elections by

the people shall be by ballot or by any mechanical method prescribed by law. All elec-
tion officers shall be sworn or affirmed not to disclose how any voter voted; provided,
that in cases of contested elections, grand jury investigations and in the trial of all civil
or criminal cases in which the violation of any law relating to elections, including nom-
inating elections, is under investigation or at issue, such officers may be required to tes-
tify and the ballots cast may be opened, examined, counted, and received as evidence.
Source: Const. of 1875, Art. VIII, Sec. 3 (as amended February 26, 1924). (Amended August 3, 1976)

Section 4. Privilege of voters from arrest—exceptions.—Voters shall be privi-

leged from arrest while going to, attending and returning from elections, except in
cases of treason, felony or breach of the peace.
Source: Const. of 1875, Art. VIII, Sec. 4 (as amended February 26, 1924).

Section 5. Registration of voters.—Registration of voters may be provided for by law.

Source: Const. of 1875, Art. VIII, Sec. 5 (as amended February 26, 1924).

Section 6. Retention of residence for voting purposes.—For the purpose of vot-

ing, no person shall be deemed to have gained or lost a residence by reason of his pres-
ence or absence while engaged in the civil or military service of this state or of the
United States, or in the navigation of the high seas or the waters of the state or of the
United States, or while a student of any institution of learning, or kept in a poor house
or other asylum at public expense, or confined in public prison.
Source: Const. of 1875, Art. VIII, Sec. 7 (as amended February 26, 1924).

Section 7. Absentee voting.—Qualified electors of the state who are absent,

whether within or without the state, may be enabled by general law to vote at all elec-
tions by the people.
Source: Const. of 1875, Art. VIII, Sec. 9 (as amended February 26, 1924).

Section 15. Preamble.—The people of Missouri hereby state our intention that this
initiative lead to the adoption of the following U.S. Constitutional Amendment.
(Adopted November 5, 1996)
109 SUFFRAGE AND ELECTIONS Art. VIII § 17

Section 16. Congressional term limits amendment.—(a) No person shall serve in

the office of United States Representative for more than three terms, but upon ratifica-
tion of this amendment no person who has held the office of the United States
Representative or who then holds the office shall serve for more than two additional
terms.
(b) No person shall serve in the office of United States Senator for more than two
terms, but upon ratification of this amendment no person who has held the office of
United States Senator or who then holds the office shall serve in the office for more
than one additional term.
(c) Any state may enact by state constitutional amendment longer or shorter limits
than those specified in section “a” or “b” herein.
(d) This article shall have no time limit within which it must be ratified to become
operative upon the ratification of the legislatures of three-fourths of the several States.
Therefore, We, the people of the State of Missouri, have chosen to amend the state
constitution to inform voters regarding incumbent and non-incumbent federal candi-
dates’ support for the above proposed CONGRESSIONAL TERM LIMITS AMEND-
MENT.
(Adopted November 5, 1996)

Section 17. Voter instruction on term limits for members of congress.—(1) We,
the Voters of Missouri, hereby instruct each member of our congressional delegation to
use all of his or her delegated powers to pass the Congressional Term Limits
Amendment set forth above.
(2) All primary and general election ballots shall have printed the information “DIS-
REGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” adjacent to the name of
any United States Senator or Representative who:
(a) fails to vote in favor of the proposed Congressional Term Limits Amendment set
forth above when brought to a vote or;
(b) fails to second the proposed Congressional Term Limits Amendment set forth
above if it lacks for a second before any proceeding of the legislative body or;
(c) fails to propose or otherwise bring to a vote of the full legislative body the pro-
posed Congressional Term Limits Amendment set forth above if it otherwise lacks a
legislator who so proposes or brings to a vote of the full legislative body the proposed
Congressional Term Limits Amendment set forth above or;
(d) fails to vote in favor of all votes bringing the proposed Congressional Term
Limits Amendment set forth above before any committee or subcommittee of the
respective house upon which he or she serves or;
(e) fails to reject any attempt to delay, table or otherwise prevent a vote by the full
legislative body of the proposed Congressional Term Limits Amendment set forth
above or;
(f) fails to vote against any proposed constitutional amendment that would establish
longer term limits than those in the proposed Congressional Term Limits Amendment
set forth above regardless of any other actions in support of the proposed Congressional
Term Limits Amendment set forth above, or;
(g) sponsors or cosponsors any proposed constitutional amendment or law that
would increase term limits beyond those in the proposed Congressional Term Limits
Amendment set forth above, or;
(h) fails to ensure that all votes on Congressional Term Limits are recorded and
made available to the public.
Art. VIII § 18 CONSTITUTION OF MISSOURI 110

(3) The information “DISREGARDED VOTERS’ INSTRUCTION ON TERM

LIMITS” shall not appear adjacent to the names of incumbent candidates for Congress
if the Congressional Term Limits Amendment set forth above is before the states for
ratification or has become part of the United States Constitution.
(Adopted November 5, 1996)

Section 18. Voter instruction on term limit pledge for non-incumbents.—(1)

Non-incumbent candidates for United States Senator and Representative shall be given
an opportunity to take a “Term Limit” pledge regarding “Term Limits” each time they
file to run for such office. Those who decline to take the “Term Limits” pledge shall
have the information “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS”
printed adjacent to their name on every primary and general election ballot.
(2) The “Term Limits” pledge shall be offered to non-incumbent candidates for
United States Senator and Representative until a Constitutional Amendment which lim-
its the number of terms of United States Senators to no more than two and United
States Representatives to no more than three shall have become part of our United
States Constitution.
(3) The “Term Limits” pledge that each non-incumbent candidate, set forth above,
shall be offered is as follows:
I support term limits and pledge to use all my legislative powers to enact the pro-
posed Constitutional Amendment set forth in the Term Limits Act of 1996. If elected,
I pledge to vote in such a way that the designation “DISREGARDED VOTERS’
INSTRUCTION ON TERM LIMITS” will not appear adjacent to my name.
(Adopted November 5, 1996)

Section 19. Designation.—(1) The Secretary of State shall be responsible to make

an accurate determination as to whether a candidate for the federal legislature shall
have placed adjacent to his or her name on the election ballot the information “DISRE-
GARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO
PLEDGE TO SUPPORT TERM LIMITS.”
(2) The Secretary of State shall consider timely submitted public comments prior to
making the determination required in subsection (1) of this section and may rely on
such comments and any information submitted by the candidates in making the deter-
mination required in subsection (1).
(3) The Secretary of State, in accordance with subsection (1) of this section shall
determine and declare what information, if any, shall appear adjacent to the names of
each incumbent federal legislator if he or she was to be a candidate in the next election.
This determination and declaration shall be made in a fashion necessary to ensure the
orderly printing of primary and general election ballots with allowance made for all
legal action provided in section (5) and (6) below, and shall be based upon each mem-
ber of Congress’s action during their current term of office and any action taken in any
concluded term, if such action was taken after the determination and declaration was
made by the Secretary of State in a previous election.
(4) The Secretary of State shall determine and declare what information, if any, will
appear adjacent to the names of non-incumbent candidates for the federal legislature,
not later than five (5) business days after the deadline for filing for the office.
(5) If the Secretary of State makes the determination that the information “DISRE-
GARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE
TO SUPPORT TERM LIMITS” shall not be placed on the ballot adjacent to the name of a
candidate for the federal legislature, any elector may appeal such decision within five (5)
business days to the Missouri Supreme Court as an original action or shall waive any right
111 EDUCATION Art. IX

to appeal such decision; in which case the burden of proof shall be upon the Secretary of
State to demonstrate by clear and convincing evidence that the candidate has met the
requirements set forth in the Act and therefore should not have the information “DISRE-
GARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE
TO SUPPORT TERM LIMITS” printed on the ballot adjacent to the candidate’s name.
(6) If the Secretary of State determines that the information “DISREGARDED VOT-
ERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO SUP-
PORT TERM LIMITS” shall be placed on the ballot adjacent to a candidate’s name, the
candidate may appeal such decision within five (5) business days to the Missouri
Supreme Court as an original action or shall waive any right to appeal such decision; in
which case the burden of proof shall be upon the candidate to demonstrate by clear and
convincing evidence that he or she should not have the information “DISREGARDED
VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO
SUPPORT TERM LIMITS” printed on the ballot adjacent to the candidate’s name.
(7) The Supreme Court shall hear the appeal provided for in subsection (5) and issue
a decision within 60 days. The Supreme Court shall hear the appeal provided for in sub-
section (6) and issue a decision not later than 61 days before the date of the election.
(Adopted November 5, 1996)

Section 20. Automatic repeal.—At such time as the Congressional Term Limits
Amendment set forth above has become part of the U.S. Constitution, section 15
through section 22 of this Article automatically shall be repealed.
(Adopted November 5, 1996)

Section 21. Jurisdiction.—Any legal challenge to this Amendment shall be filed as

an original action before the Supreme Court of this State.
(Adopted November 5, 1996)

Section 22. Severability.—If any portion, clause, or phrase of this Amendment is,
for any reason, held to be invalid or unconstitutional by a court of competent jurisdic-
tion, the remaining portions, clauses, and phrases shall not be affected, but shall remain
in full force and effect.
(Adopted November 5, 1996)

ARTICLE IX
EDUCATION
SECTION
1(a). Free public schools—age limit.
1(b). Specific schools—adult education.
2(a). State board of education—number and appointment of members—political affiliation—terms—reimbursement and
compensation.
2(b). Commissioner of education—qualification, duties and compensation—appointment and compensation of profes-
sional staff—powers and duties of state board of education.
3(a). Payment and distribution of appropriations and income.
3(b). Deficiency in provision for eight-month school year—allotment of state revenue for school purposes.
3(c). Racial discrimination in employment of teachers.
4. Public school and seminary funds—certificates of indebtedness—renewals—liquidation—legal investment of
funds—tax levy for interest.
5. Public school fund—sources—payment into state treasury—investment—limitation on use of income.
6. Seminary fund—sources—payment into state treasury—investment—limitation on use of income.
7. County and township school funds—liquidation and reinvestment—optional distribution on liquidation—annual
distribution of income and receipts.
8. Prohibition of public aid for religious purposes and institutions.
Art. IX CONSTITUTION OF MISSOURI 112
SECTION
9(a). State university—government by board of curators—number and appointment.
9(b). Maintenance of state university and other educational institutions.
10. Free public libraries—declaration of policy—state aid to local public libraries.

Section 1(a). Free public schools—age limit.—A general diffusion of knowledge

and intelligence being essential to the preservation of the rights and liberties of the peo-
ple, the general assembly shall establish and maintain free public schools for the gra-
tuitous instruction of all persons in this state within ages not in excess of twenty-one
years as prescribed by law.
Source: Const. of 1875, Art. XI, Secs. 1, 3. (Amended August 3, 1976)

Section 1(b). Specific schools—adult education.—Specific schools for any con-

tiguous territory may be established by law. Adult education may be provided from
funds other than ordinary school revenues.
Section 2(a). State board of education—number and appointment of mem-
bers—political affiliation—terms—reimbursement and compensation.—The
supervision of instruction in the public schools shall be vested in a state board of edu-
cation, consisting of eight lay members appointed by the governor, by and with the
advice and consent of the senate; provided, that at no time shall more than four mem-
bers be of the same political party. The term of office of each member shall be eight
years, except the terms of the first appointees shall be from one to eight years, respec-
tively. While attending to the duties of their office, members shall be entitled to receive
only actual expenses incurred, and a per diem fixed by law.
Source: Const. of 1875, Art. XI, Sec. 4.

Section 2(b). Commissioner of education—qualification, duties and compensa-

tion—appointment and compensation of professional staff—powers and duties of
state board of education.—The board shall select and appoint a commissioner of edu-
cation as its chief administrative officer, who shall be a citizen and resident of the state,
and removable at its discretion. The board shall prescribe his duties and fix his com-
pensation, and upon his recommendation shall appoint the professional staff and fix
their compensation. The board shall succeed the state board of education heretofore
established, with all its powers and duties, and shall have such other powers and duties
as may be prescribed by law.
Section 3(a). Payment and distribution of appropriations and income.—All
appropriations by the state for the support of free public schools and the income from
the public school fund shall be paid at least annually and distributed according to law.
Source: Const. of 1875, Art. XI, Sec. 2.

Section 3(b). Deficiency in provision for eight-month school year—allotment of

state revenue for school purposes.—In event the public school fund provided and set
apart by law for the support of free public schools, shall be insufficient to sustain free
schools at least eight months in every year in each school district of the state, the gen-
eral assembly may provide for such deficiency; but in no case shall there be set apart
less than twenty-five percent of the state revenue, exclusive of interest and sinking
fund, to be applied annually to the support of the free public schools.
Source: Const. of 1875, Art. XI, Sec. 7.

Section 3(c). Racial discrimination in employment of teachers.—No school dis-

trict which permits differences in wages of teachers having the same training and expe-
rience because of race or color, shall receive any portion of said revenue or fund.
113 EDUCATION Art. IX § 7

Section 4. Public school and seminary funds—certificates of indebtedness—

renewals—liquidation—legal investment of funds—tax levy for interest.—All cer-
tificates of indebtedness of the state to the public school fund and to the seminary fund
are hereby confirmed as sacred obligations of the state to said funds, and they shall be
renewed as they mature for such time and at such rate of interest as may be provided
by law. The general assembly may provide at any time for the liquidation of said cer-
tificates, but all funds derived from such liquidation, and all other funds hereafter
accruing to said state school or state seminary funds, except the interest on same, shall
be invested only in registered bonds of the United States or the state, bonds of school
districts of the state, or bonds or other securities payment of which are fully guaranteed
by the United States, of not less than par value. The general assembly may levy an
annual tax sufficient to pay the accruing interest of all state certificates of indebtedness.
Source: Const. of 1875, Art. X, Sec. 26, Art. XI, Sec. 9.

Section 5. Public school fund—sources—payment into state treasury—invest-

ment—limitation on use of income.—The proceeds of all certificates of indebtedness
due the state school fund, and all moneys, bonds, lands, and other property belonging
to or donated to any state fund for public school purposes, and the net proceeds of all
sales of lands and other property and effects that may accrue to the state by escheat,
shall be paid into the state treasury, and securely invested under the supervision of the
state board of education, and sacredly preserved as a public school fund the annual
income of which shall be faithfully appropriated for establishing and maintaining free
public schools, and for no other uses or purposes whatsoever.
Source: Const. of 1875, Art. XI, Sec. 6.

Section 6. Seminary fund—sources—payment into state treasury—invest-

ment—limitation on use of income.—The proceeds of all certificates of indebtedness
due the seminary fund, the net proceeds of all sales of lands granted to the state for the
benefit of the state university with its several divisions, as provided by law, and all gifts,
grants, bequests, or devises to said seminary fund for the benefit of the university, and
not otherwise appropriated by the terms of any such gift, grant, bequest or devise, shall
be paid into the state treasury, and securely invested by the board of curators of the state
university and sacredly preserved as a seminary fund, the annual income of which shall
be faithfully appropriated for maintenance of the state university, and for no other uses
or purposes whatsoever.
Section 7. County and township school funds—liquidation and reinvestment—
optional distribution on liquidation—annual distribution of income and receipts.—
All real estate, loans, and investments now belonging to the various county and township
school funds, except those invested as hereinafter provided, shall be liquidated without
extension of time, and the proceeds thereof and the money on hand now belonging to
said school funds of the several counties and the city of St. Louis, shall be reinvested in
registered bonds of the United States, or in bonds of the state or in approved bonds of
any city or school district thereof, or in bonds or other securities the payment of which
are fully guaranteed by the United States, and sacredly preserved as a county school
fund. Any county or the city of St. Louis by a majority vote of the qualified electors vot-
ing thereon may elect to distribute annually to its schools the proceeds of the liquidated
school fund, at the time and in the manner prescribed by law. All interest accruing from
investment of the county school fund, the clear proceeds of all penalties, forfeitures and
fines collected hereafter for any breach of the penal laws of the state, the net proceeds
Art. IX § 8 CONSTITUTION OF MISSOURI 114

from the sale of estrays, and all other moneys coming into said funds shall be distributed
annually to the schools of the several counties according to law.
Section 8. Prohibition of public aid for religious purposes and institutions.—
Neither the general assembly, nor any county, city, town, township, school district or
other municipal corporation, shall ever make an appropriation or pay from any public
fund whatever, anything in aid of any religious creed, church or sectarian purpose, or
to help to support or sustain any private or public school, academy, seminary, college,
university, or other institution of learning controlled by any religious creed, church or
sectarian denomination whatever; nor shall any grant or donation of personal property
or real estate ever be made by the state, or any county, city, town, or other municipal
corporation, for any religious creed, church, or sectarian purpose whatever.
Source: Const. of 1875, Art. XI, Sec. 11.

Section 9(a). State university—government by board of curators—number and

appointment.—The government of the state university shall be vested in a board of
curators consisting of nine members appointed by the governor, by and with the advice
and consent of the senate.
Source: Const. of 1875, Art. XI, Sec. 5.

Section 9(b). Maintenance of state university and other educational institu-

tions.—The general assembly shall adequately maintain the state university and such
other educational institutions as it may deem necessary.
Source: Const. of 1875, Art XI, Sec. 5.

Section 10. Free public libraries—declaration of policy—state aid to local pub-

lic libraries.—It is hereby declared to be the policy of the state to promote the estab-
lishment and development of free public libraries and to accept the obligation of their
support by the state and its subdivisions and municipalities in such manner as may be
provided by law. When any such subdivision or municipality supports a free library, the
general assembly shall grant aid to such public library in such manner and in such
amounts as may be provided by law.

ARTICLE X
TAXATION
SECTION
1. Taxing power—exercise by state and local governments.
2. Inalienability of power to tax.
3. Limitation of taxation to public purposes—uniformity—general laws—time for payment of taxes—valuation.
4(a). Classification of taxable property—taxes on franchises, incomes, excises and licenses.
4(b). Basis of assessment of tangible property—real property—taxation of intangibles—limitations.
4(c). Assessment, levy, collection and distribution of tax on intangibles.
4(d). Income tax laws, may incorporate federal laws by reference—rates, how set.
5. Taxation of railroads.
6. Property exempt from taxation.
6(a). Homestead exemption authorized.
6(b). Intangible property exempt from taxation, when—local governments may be reimbursed, when.
7. Relief from taxation—forest lands—obsolete, decadent, or blighted areas—limitations—exception.
8. Limitation on state tax rate on tangible property.
9. Immunity of private property from sale for municipal debts.
10(a). Exclusion of state from local taxation for local purposes.
10(b). State aid for local purposes.
10(c). Reduction in rates of levy may be required by law.
11(a). Taxing jurisdiction of local governments—limitation on assessed valuation.
115 TAXATION Art. X § 4(b)
SECTION
11(b). Limitations on local tax rates.
11(c). Increase of tax rate by popular vote—further limitation by law—exceptions to limitation.
11(d). Tax rate in St. Louis for county purposes.
11(e). Exclusion of bonded debt from limitations on tax rates.
11(f). Authorization of local taxes other than ad valorem taxes.
11(g). Operating levy for Kansas City school districts may be set by school board.
12(a). Additional tax rates for county roads and bridges—road districts—reduction in rate may be required, how.
12(b). Refund of road and bridge taxes.
13. Tax sales—limitations—contents of notices.
14. Equalization commission—appointment—duties.
15. Definition of “other political subdivision”.
16. Taxes and state spending to be limited—state to support certain local activities—emergency spending and bond pay-
ments to be authorized.
17. Definitions.
18. Limitation on taxes which may be imposed by general assembly—exclusions—refund of excess revenue—adjust-
ments authorized.
18(e) Voter approval required for taxes or fees, when, exceptions—definitions—compliance procedure, remedies.
19. Limits may be exceeded, when, how.
20. Limitation on state expenses.
21. State support to local governments not to be reduced, additional activities and services not to be imposed without
full state funding.
22. Political subdivisions to receive voter approval for increases in taxes and fees—rollbacks may be required—limita-
tion not applicable to taxes for bonds.
23. Taxpayers may bring actions for interpretations of limitations.
24. Voter approval requirements not exclusive—self-enforceability.

Section 1. Taxing power—exercise by state and local governments.—The taxing

power may be exercised by the general assembly for state purposes, and by counties
and other political subdivisions under power granted to them by the general assembly
for county, municipal and other corporate purposes.
Source: Const. of 1875, Art. X, Sec. 1.

Section 2. Inalienability of power to tax.—The power to tax shall not be surren-

dered, suspended or contracted away, except as authorized by this constitution.
Source: Const. of 1875, Art. X, Sec. 2.

Section 3. Limitation of taxation to public purposes—uniformity—general

laws—time for payment of taxes—valuation.—Taxes may be levied and collected for
public purposes only, and shall be uniform upon the same class or subclass of subjects
within the territorial limits of the authority levying the tax. All taxes shall be levied and
collected by general laws and shall be payable during the fiscal or calendar year in
which the property is assessed. Except as otherwise provided in this constitution, the
methods of determining the value of property for taxation shall be fixed by law.
Source: Const. of 1875, Art. X, Sec. 3. (Amended August 3, 1982)

Section 4(a). Classification of taxable property—taxes on franchises, incomes,

excises and licenses.—All taxable property shall be classified for tax purposes as fol-
lows: class 1, real property; class 2, tangible personal property; class 3, intangible per-
sonal property. The general assembly, by general law, may provide for further classifi-
cation within classes 2 and 3, based solely on the nature and characteristics of the prop-
erty, and not on the nature, residence or business of the owner, or the amount owned.
Nothing in this section shall prevent the taxing of franchises, privileges or incomes, or
the levying of excise or motor vehicle license taxes, or any other taxes of the same or
different types.
Section 4(b). Basis of assessment of tangible property—real property—taxation
of intangibles—limitations.—Property in classes 1 and 2 and subclasses of those class-
Art. X § 4(c) CONSTITUTION OF MISSOURI 116

es, shall be assessed for tax purposes at its value or such percentage of its value as may
be fixed by law for each class and for each subclass. Property in class 3 and its subclass-
es shall be taxed only to the extent authorized and at the rate fixed by law for each class
and subclass, and the tax shall be based on the annual yield and shall not exceed eight
percent thereof. Property in class 1 shall be subclassed in the following classifications:
(1) Residential property;
(2) Agricultural and horticultural property;
(3) Utility, industrial, commercial, railroad, and all other property not included in
subclasses (1) and (2) of class 1.
Property in the subclasses of class 1 may be defined by law, however subclasses (1),
(2), and (3) shall not be further divided, provided, land in subclass (2) may by general law
be assessed for tax purposes on its productive capability. The same percentage of value
shall be applied to all properties within any subclass. No classes or subclass shall have a
percentage of its true value in money in excess of thirty-three and one-third percent.
Source: Const. of 1945. Superseded Sec. 4, Art. X. (Amended November 2, 1922) (Amended August 3, 1982)

Section 4(c). Assessment, levy, collection and distribution of tax on intangi-

bles.—All taxes on property in class 3 and its subclasses, and the tax under any other
form of taxation substituted by the general assembly for the tax on bank shares, shall
be assessed, levied and collected by the state and returned as provided by law, less two
percent for collection, to the counties and other political subdivisions of their origin, in
proportion to the respective local rates of levy.
Section 4(d). Income tax laws, may incorporate federal laws by reference—
rates, how set.—In enacting any law imposing a tax on or measured by income, the
general assembly may define income by reference to provisions of the laws of the
United States as they may be or become effective at any time or from time to time,
whether retrospective or prospective in their operation. The general assembly shall in
any such law set the rate or rates of such tax. The general assembly may in so defining
income make exceptions, additions, or modifications to any provisions of the laws of
the United States so referred to and for retrospective exceptions or modifications to
those provisions which are retrospective.
(Adopted November 5, 1968)

Section 5. Taxation of railroads.—All railroad corporations in this state, or doing

business therein, shall be subject to taxation for state, county, school, municipal and
other purposes, on the real and personal property owned or used by them, and on their
gross earnings, their net earnings, their franchises and their capital stock.
Source: Const. of 1875, Art. X, Sec. 5.

Section 6. Property exempt from taxation.—1. All property, real and personal, of
the state, counties and other political subdivisions, and nonprofit cemeteries, shall be
exempt from taxation; all personal property held as industrial inventories, including
raw materials, work in progress and finished work on hand, by manufacturers and
refiners, and all personal property held as goods, wares, merchandise, stock in trade or
inventory for resale by distributors, wholesalers, or retail merchants or establishments
shall be exempt from taxation; and all property, real and personal, not held for private
or corporate profit and used exclusively for religious worship, for schools and colleges,
for purposes purely charitable, or for agricultural and horticultural societies may be
exempted from taxation by general law. In addition to the above, household goods, fur-
niture, wearing apparel and articles of personal use and adornment owned and used by
117 TAXATION Art. X § 6(a)

a person in his home or dwelling place may be exempt from taxation by general law
but any such law may provide for approximate restitution to the respective political
subdivisions of revenues lost by reason of the exemption. All laws exempting from tax-
ation property other than the property enumerated in this article, shall be void. The pro-
visions of this section exempting certain personal property of manufacturers, refiners,
distributors, wholesalers, and retail merchants and establishments from taxation shall
become effective, unless otherwise provided by law, in each county on January 1 of the
year in which that county completes its first general reassessment as defined by law.
2. All revenues lost because of the exemption of certain personal property of manu-
facturers, refiners, distributors, wholesalers, and retail merchants and establishments
shall be replaced to each taxing authority within a county from a countywide tax here-
by imposed on all property in subclass 3 of class 1 in each county. For the year in which
the exemption becomes effective, the county clerk shall calculate the total revenue lost
by all taxing authorities in the county and extend upon all property in subclass 3 of class
1 within the county, a tax at the rate necessary to produce that amount. The rate of tax
levied in each county according to this subsection shall not be increased above the rate
first imposed and will stand levied at that rate unless later reduced according to the pro-
visions of subsection 3. The county collector shall disburse the proceeds according to
the revenue lost by each taxing authority because of the exemption of such property in
that county. Restitution of the revenues lost by any taxing district contained in more than
one county shall be from the several counties according to the revenue lost because of
the exemption of property in each county. Each year after the first year the replacement
tax is imposed, the amount distributed to each taxing authority in a county shall be
increased or decreased by an amount equal to the amount resulting from the change in
that district’s total assessed value of property in subclass 3 of class 1 at the countywide
replacement tax rate. In order to implement the provisions of this subsection, the limits
set in section 11(b) of this article may be exceeded, without voter approval, if necessary
to allow each county listed in section 11(b) to comply with this subsection.
3. Any increase in the tax rate imposed pursuant to subsection 2 of this section shall
be decreased if such decrease is approved by a majority of the voters of the county vot-
ing on such decrease. A decrease in the increased tax rate imposed under subsection 2
of this section may be submitted to the voters of a county by the governing body there-
of upon its own order, ordinance, or resolution and shall be submitted upon the petition
of at least eight percent of the qualified voters who voted in the immediately preceding
gubernatorial election.
4. As used in this section, the terms “revenues lost” and “lost revenues” shall mean
that revenue which each taxing authority received from the imposition of a tangible
personal property tax on all personal property held as industrial inventories, including
raw materials, work in progress and finished work on hand, by manufacturers and
refiners, and all personal property held as goods, wares, merchandise, stock in trade or
inventory for resale by distributors, wholesalers, or retail merchants or establishments
in the last full tax year immediately preceding the effective date of the exemption from
taxation granted for such property under subsection 1 of this section, and which was no
longer received after such exemption became effective.
Source: Const. of 1875, Art. X, Secs. 6, 7. (Amended November 7, 1972) (Amended August 3, 1982)

Section 6(a). Homestead exemption authorized.—The general assembly may

provide that a portion of the assessed valuation of real property actually occupied by
the owner or owners thereof as a homestead, be exempted from the payment of taxes
Art. X § 6(b) CONSTITUTION OF MISSOURI 118

thereon, in such amounts and upon such conditions as may be determined by law, and
the general assembly may provide for certain tax credits or rebates in lieu of or in addi-
tion to such an exemption, but any such law shall further provide for restitution to the
respective political subdivisions of revenues lost, if any, by reason of the exemption,
and any such law may also provide for comparable financial relief to persons who are
not the owners of homesteads but who occupy rental property as their homes.
(Adopted November 7, 1972) (Amended August 3, 1982)

Section 6(b). Intangible property exempt from taxation, when—local govern-

ments may be reimbursed, when.—The general assembly may by general law
exempt from taxation all intangible property, including taxation on the yield thereof,
when owned by:
(1) Individuals; or
(2) Labor, agricultural or horticultural organizations; or
(3) Corporations or associations organized and operated exclusively for religious,
charitable, scientific or educational purposes, no part of the net income of which inures
to the benefit of any private stockholder or individual; or
(4) Hospitals which are exempt from payment of Missouri state income tax.
Any such law may provide for approximate reimbursement to the various political
subdivisions, by the state, of revenues lost because of the exemption.
(Adopted November 7, 1972)

Section 7. Relief from taxation—forest lands—obsolete, decadent, or blighted

areas—limitations—exception.—For the purpose of encouraging forestry when lands
are devoted exclusively to such purpose, and the reconstruction, redevelopment, and
rehabilitation of obsolete, decadent, or blighted areas, the general assembly by gener-
al law may provide for such partial relief from taxation of the lands devoted to any such
purpose, and of the improvements thereon, by such method or methods, for such peri-
od or periods of time, not exceeding twenty-five years in any instance, and upon such
terms, conditions, and restrictions as it may prescribe; provided, however, that in the
case of forest lands, the limitation of twenty-five years herein described shall not apply.
(Amended August 3, 1976)

Section 8. Limitation on state tax rate on tangible property.—The state tax on

real and tangible personal property, exclusive of the tax necessary to pay any bonded
debt of the state, shall not exceed ten cents on the hundred dollars assessed valuation.
Source: Const. of 1875, Art. X, Sec. 8.

Section 9. Immunity of private property from sale for municipal debts.—

Private property shall not be taken or sold for the payment of the corporate debt of a
municipal corporation.
Source: Const. of 1875, Art. X, Sec. 13.

Section 10(a). Exclusion of state from local taxation for local purposes.—Except
as provided in this constitution, the general assembly shall not impose taxes upon coun-
ties or other political subdivisions or upon the inhabitants or property thereof for
municipal, county or other corporate purposes.
Source: Const. of 1875, Art. X, Sec. 10.

Section 10(b). State aid for local purposes.—Nothing in this constitution shall
prevent the enactment of general laws directing the payment of funds collected for state
purposes to counties or other political subdivisions as state aid for local purposes.
119 TAXATION Art. X § 11(c)

Section 10(c). Reduction in rates of levy may be required by law.—The general

assembly may require by law that political subdivisions reduce the rate of levy of all
property taxes the subdivisions impose whether the rate of levy is authorized by this
constitution or by law. The general assembly may by law establish the method of
increasing reduced rates of levy in subsequent years.
(Adopted November 7, 1978)

Section 11(a). Taxing jurisdiction of local governments—limitation on assessed

valuation.—Taxes may be levied by counties and other political subdivisions on all
property subject to their taxing power, but the assessed valuation therefor in such other
political subdivisions shall not exceed the assessed valuation of the same property for
state and county purposes.
Source: Const. of 1875, Art. X, Sec. 11 (as amended November 3, 1942).

Section 11(b). Limitations on local tax rates.—Any tax imposed upon such prop-
erty by municipalities, counties or school districts, for their respective purposes, shall
not exceed the following annual rates:
For municipalities—one dollar on the hundred dollars assessed valuation;
For counties—thirty-five cents on the hundred dollars assessed valuation in counties
having three hundred million dollars, or more, assessed valuation and having by oper-
ation of law attained the classification of a county of the first class; and fifty cents on
the hundred dollars assessed valuation in all other counties;
For school districts formed of cities and towns, including the school district of the city
of St. Louis—two dollars and seventy-five cents on the hundred dollars assessed valuation;
For all other school districts—sixty-five cents on the hundred dollars assessed val-
uation.
Source: Const. of 1875, Art. X, Sec. 11 (as amended in 1942). (Amended January 14, 1966) (Amended October 5, 1971)
(Amended November 3, 1998)

Section 11(c). Increase of tax rate by popular vote—further limitation by law—

exceptions to limitation.—In all municipalities, counties and school districts the rates of
taxation as herein limited may be increased for their respective purposes when the rate
and purpose of the increase are submitted to a vote and two-thirds of the qualified elec-
tors voting thereon shall vote therefor; provided in school districts the rate of taxation as
herein limited may be increased for school purposes so that the total levy shall not exceed
six dollars on the hundred dollars assessed valuation, except as herein provided, when the
rate and the purpose of the increase are submitted to a vote and a majority of the quali-
fied electors voting thereon shall vote therefor; provided, that in any school district where
the board of education is not proposing a higher tax rate for school purposes, the last tax
rate approved shall continue and the tax rate need not be submitted to the voters; provid-
ed, that in school districts where the qualified voters have voted against a proposed high-
er tax rate for school purposes, then the rate shall remain at the rate approved in the last
previous school election except that the board of education shall be free to resubmit any
higher tax rate at any time; provided that any board of education may levy a lower tax
rate than approved by the voters as authorized by any provision of this section; and pro-
vided, that the rates herein fixed, and the amounts by which they may be increased may
be further limited by law; and provided further, that any county or other political subdi-
vision, when authorized by law and within the limits fixed by law, may levy a rate of tax-
ation on all property subject to its taxing powers in excess of the rates herein limited, for
library, hospital, public health, recreation grounds and museum purposes.
(As amended November 7, 1950) (Amended November 3, 1970) (Amended November 3, 1998)
Art. X § 11(d) CONSTITUTION OF MISSOURI 120

Section 11(d). Tax rate in St. Louis for county purposes.—The city of St. Louis
may levy for county purposes, in addition to the municipal rates herein provided, a rate
not exceeding the rate allowed for county purposes.
Source: Const. of 1875, Art. X, Sec. 11 (as amended in 1942).

Section 11(e). Exclusion of bonded debt from limitations on tax rates.—The

foregoing limitations on rates shall not apply to taxes levied for the purpose of paying
any bonded debt.
Source: Const. of 1875, Art. X, Sec. 11.

Section 11(f). Authorization of local taxes other than ad valorem taxes.—

Nothing in this constitution shall prevent the enactment of any general law permitting
any county or other political subdivision to levy taxes other than ad valorem taxes for
its essential purposes.
Section 11(g). Operating levy for Kansas City school districts may be set by
school board.—The school board of any school district whose operating levy for
school purposes for the 1995 tax year was established pursuant to a federal court order
may establish the operating levy for school purposes for the district at a rate that is
lower than the court-ordered rate for the 1995 tax year. The rate so established may be
changed from year to year by the school board of the district. Approval by a majority
of the voters of the district voting thereon shall be required for any operating levy for
school purposes equal to or greater than the rate established by court order for the 1995
tax year. The authority granted in this section shall apply to any successor school dis-
trict or successor school districts of such school district.
(Adopted April 7, 1998)

Section 12(a). Additional tax rates for county roads and bridges—road dis-
tricts—reduction in rate may be required, how.—In addition to the rates authorized
in section 11 for county purposes, the county court in the several counties not under
township organization, the township board of directors in the counties under township
organization, and the proper administrative body in counties adopting an alternative form
of government, may levy an additional tax, not exceeding fifty cents on each hundred
dollars assessed valuation, all of such tax to be collected and turned in to the county
treasury to be used for road and bridge purposes; provided that, before any such county
may increase its tax levy for road and bridge purposes above thirty-five cents it must sub-
mit such increase to the qualified voters of that county at a general or special election and
receive the approval of a majority of the voters voting on such increase. In addition to the
above levy for road and bridge purposes, it shall be the duty of the county court, when
so authorized by a majority of the qualified electors of any road district, general or spe-
cial, voting thereon at an election held for such purpose, to make an additional levy of
not to exceed thirty-five cents on the hundred dollars assessed valuation on all taxable
real and tangible personal property within such district, to be collected in the same man-
ner as state and county taxes, and placed to the credit of the road district authorizing such
levy, such election to be called and held in the manner provided by law provided that the
general assembly may require by law that the rates authorized herein may be reduced.
Source: Const. of 1875, Art. X, Secs. 22, 23 (as adopted November 3, 1908, and November 2, 1920). (Amended
November 7, 1978)

Section 12(b). Refund of road and bridge taxes.—Nothing in this section shall
prevent the refund of taxes collected hereunder to cities and towns for road and bridge
purposes.
121 TAXATION Art. X § 18

Section 13. Tax sales—limitations—contents of notices.—No real property shall

be sold for state, county or city taxes without judicial proceedings, unless the notice of
sale shall contain the names of all record owners thereof, or the names of all owners
appearing on the land tax book, and all other information required by law.
Section 14. Equalization commission—appointment—duties.—The general assem-
bly shall establish a commission, to be appointed by the governor by and with the advice
and consent of the senate, to equalize assessments as between counties and, under such
rules as may be prescribed by law, to hear appeals from local boards in individual cases
and, upon such appeal, to correct any assessment which is shown to be unlawful, unfair,
arbitrary or capricious. Such commission shall perform all other duties prescribed by law.
Section 15. Definition of “other political subdivision”.—The term “other politi-
cal subdivision,” as used in this article, shall be construed to include townships, cities,
towns, villages, school, road, drainage, sewer and levee districts and any other public
subdivision, public corporation or public quasi-corporation having the power to tax.
Section 16. Taxes and state spending to be limited—state to support certain local
activities—emergency spending and bond payments to be authorized.—Property
taxes and other local taxes and state taxation and spending may not be increased above the
limitations specified herein without direct voter approval as provided by this constitution.
The state is prohibited from requiring any new or expanded activities by counties and other
political subdivisions without full state financing, or from shifting the tax burden to coun-
ties and other political subdivisions. A provision for emergency conditions is established
and the repayment of voter approved bonded indebtedness is guaranteed. Implementation
of this section is specified in sections 17 through 24, inclusive, of this article.
(Adopted November 4, 1980)

Section 17. Definitions.—As used in sections 16 through 24 of Article X:

(1) “Total state revenues” includes all general and special revenues, license and fees,
excluding federal funds, as defined in the budget message of the governor for fiscal
year 1980-1981. Total state revenues shall exclude the amount of any credits based on
actual tax liabilities or the imputed tax components of rental payments, but shall
include the amount of any credits not related to actual tax liabilities.
(2) “Personal income of Missouri” is the total income received by persons in
Missouri from all sources, as defined and officially reported by the United States
Department of Commerce or its successor agency.
(3) “General price level” means the Consumer Price Index for All Urban Consumers
for the United States, or its successor publications, as defined and officially reported
by the United States Department of Labor, or its successor agency.
(Adopted November 4, 1980)

Section 18. Limitation on taxes which may be imposed by general assembly—

exclusions—refund of excess revenue—adjustments authorized.—(a) There is
hereby established a limit on the total amount of taxes which may be imposed by the
general assembly in any fiscal year on the taxpayers of this state. Effective with fiscal
year 1981-1982, and for each fiscal year thereafter, the general assembly shall not
impose taxes of any kind which, together with all other revenues of the state, federal
funds excluded, exceed the revenue limit established in this section. The revenue limit
shall be calculated for each fiscal year and shall be equal to the product of the ratio of
total state revenues in fiscal year 1980-1981 divided by the personal income of
Missouri in calendar year 1979 multiplied by the personal income of Missouri in either
Art. X § 18(e) CONSTITUTION OF MISSOURI 122

the calendar year prior to the calendar year in which appropriations for the fiscal year
for which the calculation is being made, or the average of personal income of Missouri
in the previous three calendar years, whichever is greater.
(b) For any fiscal year in the event that total state revenues exceed the revenue limit
established in this section by one percent or more, the excess revenues shall be refunded
pro rata based on the liability reported on the Missouri state income tax (or its successor
tax or taxes) annual returns filed following the close of such fiscal year. If the excess is
less than one percent, this excess shall be transferred to the general revenue fund.
(c) The revenue limitation established in this section shall not apply to taxes
imposed for the payment of principal and interest on bonds, approved by the voters and
authorized under the provisions of this constitution.
(d) If responsibility for funding a program or programs is transferred from one level
of government to another, as a consequence of constitutional amendment, the state rev-
enue and spending limits may be adjusted to accommodate such change, provided that
the total revenue authorized for collection by both state and local governments does not
exceed that amount which would have been authorized without such change.
(Adopted November 4, 1980)

Section 18(e). Voter approval required for taxes or fees, when, exceptions—def-
initions—compliance procedure, remedies.—1. In addition to the revenue limit
imposed by section 18 of this article, the general assembly in any fiscal year shall not
increase taxes or fees without voter approval that in total produce new annual revenues
greater than either fifty million dollars adjusted annually by the percentage change in
the personal income of Missouri for the second previous fiscal year, or one percent of
total state revenues for the second fiscal year prior to the general assembly’s action,
whichever is less. In the event that an individual or series of tax or fee increases exceed
the ceiling established in the subsection, the taxes or fees shall be submitted by the gen-
eral assembly to a public vote starting with the largest increase in the given year, and
including all increases in descending order, until the aggregate of the remaining
increases and decreases is less than the ceiling provided in this subsection.
2. The term “new annual revenues” means the net increase in annual revenues produced
by the total of all tax or fee increases enacted by the general assembly in a fiscal year, less
applicable refunds and less all contemporaneously occurring tax or fee reductions in that
same fiscal year, and shall not include interest earnings on the proceeds of the tax or fee
increase. For purposes of this calculation, “enacted by the general assembly” shall include
any and all bills that are truly agreed to and finally passed within that fiscal year, except
bills vetoed by the governor and not overridden by the general assembly. Each individual
tax or fee increase shall be measured by the estimated new annual revenues collected dur-
ing the first fiscal year that is fully effective. The term “increase taxes or fees” means any
law or laws passed by the general assembly after the effective date of this section that
increase the rate of an existing tax or fee, impose a new tax or fee, or broaden the scope
of a tax or fee to include additional class of property, activity, or income, but shall not
include the extension of an existing tax or fee which was set to expire.
3. In the event of an emergency, the general assembly may increase taxes, licenses
or fees for one year beyond the limit in this subsection under the same procedure spec-
ified in section 19 of this article.
4. Compliance with the limit in this section shall be measured by calculating the
aggregate actual new annual revenues produced in the first fiscal year that each indi-
vidual tax or fee change is fully effective.
123 TAXATION Art. X § 22

5. Any taxpayer or statewide elected official may bring an action under the provi-
sions of section 23 of this article to enforce compliance with the provisions of this sec-
tion. The Missouri supreme court shall have original jurisdiction to hear any challenge
brought by any statewide elected official to enforce this section. In such enforcement
actions, the court shall invalidate the taxes and fees which should have received a pub-
lic vote as defined in subsection 1 of this section. The court shall order remedies of the
amount of revenue collected in excess of the limit in this subsection as the court finds
appropriate in order to allow such excess amounts to be refunded or to reduce taxes
and/or fees in the future to offset the excess monies collected.
(Adopted April 2, 1996)

Section 19. Limits may be exceeded, when, how.—The revenue limit of section 18
of this article may be exceeded only if all of the following conditions are met: (1) The
governor requests the general assembly to declare an emergency; (2) the request is spe-
cific as to the nature of the emergency, the dollar amount of the emergency, and the
method by which the emergency will be funded; and (3) the general assembly there-
after declares an emergency in accordance with the specifics of the governor’s request
by a majority vote for fiscal year 1981-1982, thereafter a two-thirds vote of the mem-
bers elected to and serving in each house. The emergency must be declared in accor-
dance with this section prior to incurring any of the expenses which constitute the
emergency request. The revenue limit may be exceeded only during the fiscal year for
which the emergency is declared. In no event shall any part of the amount representing
a refund under section 18 of this article be the subject of an emergency request.
(Adopted November 4, 1980)

Section 20. Limitation on state expenses.—No expenses of state government shall

be incurred in any fiscal year which exceed the sum of the revenue limit established in
sections 18 and 19 of this article plus federal funds and any surplus from a previous fis-
cal year.
(Adopted November 4, 1980)

Section 21. State support to local governments not to be reduced, additional

activities and services not to be imposed without full state funding.—The state is
hereby prohibited from reducing the state financed proportion of the costs of any exist-
ing activity or service required of counties and other political subdivisions. A new
activity or service or an increase in the level of any activity or service beyond that
required by existing law shall not be required by the general assembly or any state
agency of counties or other political subdivisions, unless a state appropriation is made
and disbursed to pay the county or other political subdivision for any increased costs.
(Adopted November 4, 1980)

Section 22. Political subdivisions to receive voter approval for increases in taxes
and fees—rollbacks may be required—limitation not applicable to taxes for
bonds.—(a) Counties and other political subdivisions are hereby prohibited from levy-
ing any tax, license or fees, not authorized by law, charter or self-enforcing provisions
of the constitution when this section is adopted or from increasing the current levy of
an existing tax, license or fees, above that current levy authorized by law or charter
when this section is adopted without the approval of the required majority of the quali-
fied voters of that county or other political subdivision voting thereon. If the definition
of the base of an existing tax, license or fees, is broadened, the maximum authorized
current levy of taxation on the new base in each county or other political subdivision
shall be reduced to yield the same estimated gross revenue as on the prior base. If the
Art. X § 23 CONSTITUTION OF MISSOURI 124

assessed valuation of property as finally equalized, excluding the value of new construc-
tion and improvements, increases by a larger percentage than the increase in the gener-
al price level from the previous year, the maximum authorized current levy applied
thereto in each county or other political subdivision shall be reduced to yield the same
gross revenue from existing property, adjusted for changes in the general price level, as
could have been collected at the existing authorized levy on the prior assessed value.
(b) The limitations of this section shall not apply to taxes imposed for the payment
of principal and interest on bonds or other evidence of indebtedness or for the payment
of assessments on contract obligations in anticipation of which bonds are issued which
were authorized prior to the effective date of this section.
(Adopted November 4, 1980)

Section 23. Taxpayers may bring actions for interpretations of limitations.—

Notwithstanding other provisions of this constitution or other law, any taxpayer of the
state, county, or other political subdivision shall have standing to bring suit in a circuit
court of proper venue and additionally, when the state is involved, in the Missouri
supreme court, to enforce the provisions of sections 16 through 22, inclusive, of this
article and, if the suit is sustained, shall receive from the applicable unit of government
his costs, including reasonable attorneys’ fees incurred in maintaining such suit.
(Adopted November 4, 1980)

Section 24. Voter approval requirements not exclusive—self-enforceability.—

(a) The provisions for voter approval contained in sections 16 through 23, inclusive, of
this article do not abrogate and are in addition to other provisions of the constitution
requiring voter approval to incur bonded indebtedness and to authorize certain taxes.
(b) The provisions contained in sections 16 through 23, inclusive, of this article are
self-enforcing; provided, however, that the general assembly may enact laws imple-
menting such provisions which are not inconsistent with the purposes of said sections.
(Adopted November 4, 1980)

ARTICLE XI
CORPORATIONS
SECTION
1. Definition of “corporation”.
2. Organization of corporations by general law—special laws relating to corporations—invalidation of unexercised
charters and franchises.
3. Exercise of police power with respect to corporations.
4. Corporations subject to eminent domain—trial by jury.
5. (Repealed August 2, 1988, L. 1988 HJR 80 Sec. 1)
6. Cumulative voting authorized unless alternate method provided by law—exceptions.
7. Consideration for corporate stock and debts—fictitious issues—antecedent debts—increases of stock or bonds—
issuance of preferred stock.
8. Limitation of liability of stockholders.

RAILROADS
9. Public highways—common carriers—regulations.
10. Consolidation of domestic with foreign railroad corporations—jurisdiction of Missouri courts—notice of consolidation.
11. Local consent for street railroads.
12. Prohibition of discrimination, favoritism and preferences.

BANKS
13. Exclusion of state from banking.
125 CORPORATIONS Art. XI § 7

Section 1. Definition of “corporation”.—The term “corporation,” as used in this

article, shall be construed to include all joint stock companies or associations having
any powers or privileges not possessed by individuals or partnerships.
Source: Const. of 1875, Art. XII, Sec. 11.

Section 2. Organization of corporations by general law—special laws relating

to corporations—invalidation of unexercised charters and franchises.—Corpor-
ations shall be organized only under general laws. No corporation shall be created, nor
shall any existing charter be extended or amended by special law; nor shall any law
remit the forfeiture of any charter granted by special act. All existing charters, or grants
of special or exclusive privileges, under which a bona fide organization was not com-
pleted, and business was not being done in good faith at the adoption of this constitu-
tion, shall thereafter have no validity.
Source: Const. of 1875, Art. XII, Secs. 1, 2, 3.

Section 3. Exercise of police power with respect to corporations.—The exercise

of the police power of the state shall never be surrendered, abridged, or construed to
permit corporations to infringe the equal rights of individuals, or the general well-being
of the state.
Source: Const. of 1875, Art. XII, Sec. 5.

Section 4. Corporations subject to eminent domain—trial by jury.—The exer-

cise of the power and right of eminent domain shall never be construed or abridged to
prevent the taking by law of the property and franchises of corporations and subjecting
them to public use. The right of trial by jury shall be held inviolate in all trials of claims
for compensation, when the rights of any corporation are affected by any exercise of
said power of eminent domain.
Source: Const. of 1875, Art. XII, Sec. 4.

Section 5. (Repealed August 2, 1988, L. 1988 HJR 80 Sec. 1)

Section 6. Cumulative voting authorized unless alternate method provided by
law—exceptions.—In all elections for directors or managers of any corporation, each
shareholder shall have the right to cast as many votes in the aggregate as shall equal the
number of shares held by him, multiplied by the number of directors or managers to be
elected, and may cast the whole number of votes, either in person or by proxy for one can-
didate, or distribute such votes among two or more candidates; and such directors or man-
agers shall not be elected in any other manner unless an alternative method of electing and
removing directors and managers is adopted as provided by law; provided, that this section
shall not apply to cooperative associations, societies or exchanges organized under the law.
Source: Const. of 1875, Art. XII, Sec. 6. (Amended August 2, 1988)

Section 7. Consideration for corporate stock and debts—fictitious issues—

antecedent debts—increases of stock or bonds—issuance of preferred stock.—No
corporation shall issue stock, or bonds or other obligations for the payment of money,
except for money paid, labor done or property actually received; and all fictitious issues
or increases of stock or indebtedness shall be void; provided, that no such issue or
increase made for valid bona fide antecedent debts shall be deemed fictitious or void.
The stock or bonded indebtedness of corporations shall not be increased nor shall pre-
ferred stock be issued, except according to general law.
Source: Const. of 1875, Art. XII, Secs. 8, 10.
Art. XI§ 8 CONSTITUTION OF MISSOURI 126

Section 8. Limitation of liability of stockholders.—No stockholder or subscriber

to stock of a corporation shall be individually liable in any amount in excess of the
amount originally subscribed on such stock.
Source: Const. of 1875, Art. XII, Sec. 9.

RAILROADS
Section 9. Public highways—common carriers—regulations.—All railways in
this state are hereby declared public highways, and railroad corporations common car-
riers. Laws shall be enacted to correct abuses and prevent unjust discrimination and
extortion in the rates of freight and passenger tariffs on all railroads in this state.
Source: Const. of 1875, Art. XII, Sec.14.

Section 10. Consolidation of domestic with foreign railroad corporations—

jurisdiction of Missouri courts—notice of consolidation.—If any railroad corpora-
tion organized under the laws of this state shall consolidate by sale or otherwise, with
any railroad corporation organized under the laws of any other state, or of the United
States, the same shall not thereby become a foreign corporation, but the courts of this
state shall retain jurisdiction in all matters which may arise as if said consolidation had
not taken place. No consolidation shall take place, except upon at least sixty days pub-
lic notice to all stockholders, in the manner provided by law.
Source: Const. of 1875, Art. XII, Sec. 18.

Section 11. Local consent for street railroads.—No law shall grant the right to
construct and operate a street railroad within any city, town, village, or on any public
highway, without first acquiring the consent of the local authorities having control of
the street or highway, and the franchises so granted shall not be transferred without
similar assent first obtained.
Source: Const. of 1875, Art. XII, Sec. 20.

Section 12. Prohibition of discrimination, favoritism and preferences.—No dis-

crimination in charges or facilities in transportation shall be made between transporta-
tion corporations and individuals, or in favor of either, by abatement, drawback or oth-
erwise; and no common carrier, or any lessee, manager or employee thereof, shall make
any preference in furnishing cars or motive power.
Source: Const. of 1875, Art. XII, Sec. 23.

BANKS
Section 13. Exclusion of state from banking.—No state bank shall be created, nor
shall the state own or be liable for any stock in any corporation, joint stock company,
or association for banking purposes.
Source: Const. of 1875, Art. XII, Sec. 25.

ARTICLE XII
AMENDING THE CONSTITUTION
SECTION
1. Limitation on revision and amendment.
2(a). Proposal of amendments by general assembly.
127 AMENDING THE CONSTITUTION Art. XII § 3(a)
SECTION
2(b). Submission of amendments proposed by general assembly or by the initiative.
3(a). Referendum on constitutional convention—qualifications of delegates—selection of nominees for district delegates
and delegates-at-large—election procedure.
3(b). Convention of delegates—quarters—oath—compensation—quorum—vote required—organization, employees,
printing—public sessions—rules—vacancies.
3(c). Submission of proposal adopted by convention—time of election—effective date.

SCHEDULE
1. Supersession of prior constitutional provisions.
2. Effect on existing laws.
3. Effect on existing terms of office.
4. Effect on certain existing courts.
5. Effect on existing rights, claims.
6. Reimbursement for expenses of constitutional election.

Section 1. Limitation on revision and amendment.—This constitution may be

revised and amended only as therein provided.
Source: Const. of 1875, Art. XV, Sec. 1 (as amended November 2, 1920).

Section 2(a). Proposal of amendments by general assembly.—Constitutional amend-

ments may be proposed at any time by a majority of the members-elect of each house of
the general assembly, the vote to be taken by yeas and nays and entered on the journal.
Source: Const. of 1875, Art. XV, Sec. 2 (as amended November 2, 1920).

Section 2(b). Submission of amendments proposed by general assembly or by

the initiative.—All amendments proposed by the general assembly or by the initiative
shall be submitted to the electors for their approval or rejection by official ballot title
as may be provided by law, on a separate ballot without party designation, at the next
general election, or at a special election called by the governor prior thereto, at which
he may submit any of the amendments. No such proposed amendment shall contain
more than one amended and revised article of this constitution, or one new article
which shall not contain more than one subject and matters properly connected there-
with. If possible, each proposed amendment shall be published once a week for two
consecutive weeks in two newspapers of different political faith in each county, the last
publication to be not more than thirty nor less than fifteen days next preceding the elec-
tion. If there be but one newspaper in any county, publication for four consecutive
weeks shall be made. If a majority of the votes cast thereon is in favor of any amend-
ment, the same shall take effect at the end of thirty days after the election. More than
one amendment at the same election shall be so submitted as to enable the electors to
vote on each amendment separately.
Source: Const. of 1875, Art. XV, Sec. 2 (as amended November 2, 1920).

Section 3(a). Referendum on constitutional convention—qualifications of dele-

gates—selection of nominees for district delegates and delegates-at-large—election
procedure.—At the general election on the first Tuesday following the first Monday in
November 1962, and every twenty years thereafter, the secretary of state shall, and at any
general or special election the general assembly by law may, submit to the electors of the
state the question “Shall there be a convention to revise and amend the constitution?” The
question shall be submitted on a separate ballot without party designation, and if a major-
ity of the votes cast thereon is for the affirmative, the governor shall call an election of
delegates to the convention on a day not less than three nor more than six months after
the election on the question. At the election the electors of the state shall elect fifteen del-
egates-at-large and the electors of each state senatorial district shall elect two delegates.
Each delegate shall possess the qualifications of a senator; and no person holding any
Art. XII § 3(b) CONSTITUTION OF MISSOURI 128

other office of trust or profit (officers of the organized militia, school directors, justices
of the peace and notaries public excepted) shall be eligible to be elected a delegate. To
secure representation from different political parties in each senatorial district, in the
manner prescribed by its senatorial district committee each political party shall nominate
but one candidate for delegate from each senatorial district, the certificate of nomination
shall be filed in the office of the secretary of state at least thirty days before the election,
each candidate shall be voted for on a separate ballot bearing the party designation, each
elector shall vote for but one of the candidates, and the two candidates receiving the high-
est number of votes in each senatorial district shall be elected. Candidates for delegates-
at-large shall be nominated by nominating petitions only, which shall be signed by elec-
tors of the state equal to five percent of the legal voters in the senatorial district in which
the candidate resides until otherwise provided by law, and shall be verified as provided
by law for initiative petitions, and filed in the office of the secretary of state at least thir-
ty days before the election. All such candidates shall be voted for on a separate ballot
without party designation, and the fifteen receiving the highest number of votes shall be
elected. Not less than fifteen days before the election, the secretary of state shall certify
to the county clerk of the county the name of each person nominated for the office of del-
egate from the senatorial district in which the county, or any part of it, is included, and
the names of all persons nominated for delegates-at-large.
Source: Const. of 1875, Art. XV, Secs. 3, 4 (as amended November 2, 1920).

Section 3(b). Convention of delegates—quarters—oath—compensation—quo-

rum—vote required—organization, employees, printing—public sessions—
rules—vacancies.—The delegates so elected shall be convened at the seat of govern-
ment by proclamation of the governor within six months after their election. The facil-
ities of the legislative chambers and legislative quarters shall be made available for the
convention and the delegates. Upon convening all delegates shall take an oath or affir-
mation to support the Constitution of the United States and of the state of Missouri, and
to discharge faithfully their duties as delegates to the convention, and shall receive for
their services the sum of ten dollars per diem and mileage as provided by law for mem-
bers of the general assembly. A majority of the delegates shall constitute a quorum for
the transaction of business, and no constitution or amendment to this constitution shall
be submitted to the electors for approval or rejection unless by the assent of a majori-
ty of all the delegates-elect, the yeas and nays being entered on the journal. The con-
vention may appoint such officers, employees and assistants as it may deem necessary,
fix their compensation, provide for the printing of its documents, journals, proceedings
and a record of its debates, and appropriate money for the expenditures incurred. The
sessions of the convention shall be held with open doors, and it shall determine the
rules of its own proceedings, choose its own officers, and be the judge of the election,
returns and qualifications of its delegates. In case of a vacancy by death, resignation or
other cause, the vacancy shall be filled by the governor by the appointment of another
delegate of the political party of the delegate causing the vacancy.
Source: Const. of 1875, Art. XV, Sec. 3 (as amended November 2, 1920).

Section 3(c). Submission of proposal adopted by convention—time of elec-

tion—effective date.—Any proposed constitution or constitutional amendment adopt-
ed by the convention shall be submitted to a vote of the electors of the state at such
time, in such manner and containing such separate and alternative propositions and on
such official ballot as may be provided by the convention, at a special election not less
than sixty days nor more than six months after the adjournment of the convention.
Upon the approval of the constitution or constitutional amendments the same shall take
129 PUBLIC EMPLOYEES Art. XIII

effect at the end of thirty days after the election. The result of the election shall be pro-
claimed by the governor.
Source: Const. of 1875, Art. XV, Sec. 3 (as amended November 2, 1920).

SCHEDULE
Section 1. Supersession of prior constitutional provisions.—The constitution of
1875 and all amendments thereto except as hereinafter provided shall be superseded by
this constitution.
Section 2. Effect on existing laws.—All laws in force at the time of the adoption
of this constitution and consistent therewith shall remain in full force and effect until
amended or repealed by the general assembly. All laws inconsistent with this constitu-
tion, unless sooner repealed or amended to conform with this constitution, shall remain
in full force and effect until July 1, 1946.
Source: Const. of 1875, Sch. Sec. 1.

Section 3. Effect on existing terms of office.—The terms of all persons holding

public office to which they have been elected or appointed at the time this constitution
shall take effect shall not be vacated or otherwise affected thereby.
Section 4. Effect on certain existing courts.—All courts of common pleas now
existing, the St. Louis courts of criminal correction, and all circuit court circuits as now
established, shall continue until changed or abolished by law. The justices of the peace
shall continue to hold their offices and receive the emoluments thereof until their terms
of office expire, upon which their records shall be transferred to the magistrate courts.
Source: Const. of 1875, Sch. Secs. 4, 5.

Section 5. Effect on existing rights, claims.—All rights, claims, causes of action and
obligations existing and all contracts, prosecutions, recognizances and other instruments
executed or entered into and all indictments which shall have been found and informations
which shall have been filed and all actions which shall have been instituted and all fines,
taxes, penalties and forfeitures assessed, levied, due or owing prior to the adoption of this
constitution shall continue to be as valid as if this constitution had not been adopted.
Source: Const. of 1875, Sch. Secs. 1, 2.

Section 6. Reimbursement for expenses of constitutional election.—The general

assembly shall appropriate out of the general revenue fund of the state a sum sufficient
to reimburse the various counties for the sums legally and properly paid by them to the
judges and clerks of the special election called for the purpose of adopting or rejecting
this constitution.
(Done in convention, September 28, 1944)

ARTICLE XIII
PUBLIC EMPLOYEES
SECTION
1. Medical benefits may be authorized for state officers, employees and their dependents.
2. Medical benefits may be authorized for political subdivision officers, employees and their dependents.
3. Compensation of state elected officials, general assembly members and judges to be set by Missouri Citizens
Commission on Compensation—members qualifications, terms, removal, vacancies, duties—procedure.
Art. XIII § 1 CONSTITUTION OF MISSOURI 130

Section 1. Medical benefits may be authorized for state officers, employees and
their dependents.—Other provisions of this constitution to the contrary notwithstand-
ing, the general assembly may provide or contract for health insurance benefits, includ-
ing but not limited to hospital, chiropractic, surgical, medical, optical, and dental ben-
efits, for officers and employees of the state and their dependents, including those
employees of entities controlled by boards or commissions created by this constitution.
(Adopted November 6, 1984)

Section 2. Medical benefits may be authorized for political subdivision officers,

employees and their dependents.—Other provisions of this constitution to the con-
trary notwithstanding, the general assembly may authorize any county, city or other
political corporation or subdivision to provide or contract for health insurance benefits,
including but not limited to hospital, chiropractic, surgical, medical, optical, and den-
tal benefits, for officers and employees and their dependents.
(Adopted November 6, 1984)

Section 3. Compensation of state elected officials, general assembly members

and judges to be set by Missouri Citizen’s Commission on Compensation—mem-
bers qualifications, terms, removal, vacancies, duties—procedure.—1. Other pro-
visions of this constitution to the contrary notwithstanding, in order to ensure that the
power to control the rate of compensation of elected officials of this state is retained
and exercised by the tax paying citizens of the state, after the effective date of this sec-
tion no elected state official, member of the general assembly, or judge, except munic-
ipal judges, shall receive compensation for the performance of their duties other than
in the amount established for each office by the Missouri citizen’s commission on com-
pensation for elected officials established pursuant to the provisions of this section. The
term “compensation” includes the salary rate established by law, mileage allowances,
per diem expense allowances.
2. There is created a commission to be known as the “Missouri Citizen’s Commis-
sion on Compensation for Elected Officials”. The Commission shall be selected in the
following manner:
(1) One member of the commission shall be selected at random by the secretary of
state from each congressional district from among those registered voters eligible to
vote at the time of selection. The secretary of state shall establish policies and proce-
dures for conducting the selection at random. In making the selections, the secretary of
state shall establish a selection system to ensure that no more than five of the members
shall be from the same political party. The policies shall include, but not be limited to,
the method of notifying persons selected and for providing for a new selection if any
person declines appointment to the commission;
(2) One member shall be a retired judge appointed by the judges of the supreme
court, en banc;
(3) Twelve members shall be appointed by the governor, by and with the advice and
consent of the senate. Not more than six of the appointees shall be members of the
same political party. Of the persons appointed by the governor, one shall be a person
who has had experience in the field of personnel management, one shall be a person
who is representative of organized labor, one shall be a person representing small busi-
ness in this state, one shall be the chief executive officer of a business doing an aver-
age gross annual business in excess of one million dollars, one shall be a person repre-
senting the health care industry, one shall be a person representing agriculture, two
shall be persons over the age of sixty years, four shall be citizens of a county of the
third classification, two of such citizens selected from a county of the third classifica-
131 PUBLIC EMPLOYEES Art. XIII § 3

tion shall be selected from north of the Missouri River and two shall be selected from
south of the Missouri River. No two persons selected to represent a county of the third
classification shall be from the same county nor shall such persons be appointed from
any county represented by an appointment to the commission by the secretary of state
pursuant to subdivision (1) of this subsection.
3. All members of the commission shall be residents and registered voters of the
state of Missouri. Except as otherwise specifically provided in this section, no state
official, no member of the general assembly, no active judge of any court, no employ-
ee of the state or any of its institutions, boards, commissions, agencies or other entities,
no elected or appointed official or employee of any political subdivision of the state,
and no lobbyist as defined by law shall serve as a member of the commission. No
immediate family member of any person ineligible for service on the commission
under the provisions of this subsection may serve on the commission. The phrase
“immediate family” means the parents, spouse, siblings, children, or dependent relative
of the person whether or not living in the same household.
4. Members of the commission shall hold office for a term of four years. No person
may be appointed to the commission more than once. No member of the commission
may be removed from office during the term for which appointed except for incapaci-
ty, incompetence, neglect of duty, malfeasance in office, or for a disqualifying change
of residence. Any action for removal shall be brought by the attorney general at the
request of the governor and shall be heard in the circuit court for the county in which
the accused commission member resides.
5. The first appointments to the commission shall be made not later than February
1, 1996, and not later than February first every four years thereafter. All appointments
shall be filed with the secretary of state, who shall call the first meeting of the commis-
sion not later than March 1, 1996, and shall preside at the first meeting until the com-
mission is organized. The members of the commission shall organize and elect a chair-
person and such other officers as the commission finds necessary.
6. Upon a vacancy on the commission, a successor shall be selected and appointed
to fill the unexpired term in the same manner as the original appointment was made.
The appointment to fill a vacancy shall be made within thirty days of the date the posi-
tion becomes vacant.
7. Members of the commission shall receive no compensation for their services but
shall be reimbursed for their actual and necessary expenses incurred in the performance
of their duties from appropriations made for that purpose.
8. The commission shall, beginning in 1996, and every two years thereafter, review
and study the relationship of compensation to the duties of all elected state officials, all
members of the general assembly, and all judges, except municipal judges, and shall
fix the compensation for each respective position. The commission shall file its initial
schedule of compensation with the secretary of state and the revisor of statutes no later
than the first day of December, 1996, and by the first day of December each two years
thereafter. The schedule of compensation shall become effective unless disapproved by
concurrent resolution adopted by the general assembly before February 1 of the year
following the filing of the schedule. Each schedule shall be published by the secretary
of state as a part of the session laws of the general assembly and may also be published
as a separate publication at the discretion of the secretary of state. The schedule shall
also be published by the revisor of statutes as a part of the revised statutes of Missouri.
The schedule shall, subject to appropriations, apply and represent the compensation for
each affected person beginning on the first day of July following the filing of the sched-
ule. In addition to any compensation established by the schedule, the general assembly
Art. XIII § 3 CONSTITUTION OF MISSOURI 132

may provide by appropriation for periodic uniform general cost-of-living increases or

decreases for all employees of the state of Missouri and such cost-of-living increases
or decreases may also be extended to those persons affected by the compensation
schedule fixed by the commission. No cost-of-living increase or decrease granted to
any person affected by the schedule shall exceed the uniform general increase or
decrease provided for all other state employees by the general assembly.
9. Prior to the filing of any compensation schedule, the commission shall hold no
less than four public hearings on such schedule, at different geographical locations
within the state, within the four months immediately preceding the filing of the sched-
ule. All meetings, actions, hearings, and business of the commission shall be open to
the public, and all records of the commission shall be available for public inspection.
10. Until the first day of July next after the filing of the first schedule by the com-
mission, compensation of the persons affected by this section shall be that in effect on
the effective date of this amendment.
11. Schedules filed by the commission shall be subject to referendum upon petition
of the voters of this state in the same manner and under the same conditions as a bill
enacted by the general assembly.
(Adopted November 8, 1994)
 INDEX
-A-
Adjournment
General Assembly, session ends, when . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20(a)
Special Session, automatic adjournment, when . . . . . . . . . . . . . . .Art. III, Secs. 20(a), 20(b)

Administration, Office of
Cash operating reserve fund, duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 27(a)
Commissioner, how appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 51

Administrative Rules and Regulations

Filing of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 16

Agriculture, Department of
Director, how appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 35
Forestry and forest fires . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 36
Funds to be provided, how . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 35

Airports, facilities, administration of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 30(c)

Amending the Constitution, Art. XII

Amendments
Proposal of by general assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 2(a)
Submission of, proposed by general assembly or by the
initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art.XII, Sec. 2(b)
Constitutional Convention
Qualifications of delegates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 3(a)
Referendum on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 3(a)
Selection of nominees for district delegates and
delegates-at-large . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 3(a)
Election procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 3(a)
Submission of proposal adopted by . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 3(c)
Effective date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 3(c)
Time of election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 3(c)
Convention of Delegates
Organization, employees, printing, etc. . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 3(b)
Public sessions, rules, vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 3(b)
Quarters, oath, compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 3(b)
Quorum, vote required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 3(b)
Limitation on revision and amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 1
Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Secs. 1–6
Effect on certain existing courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Sch., Sec. 4
Effect on existing laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Sch., Sec. 2
Effect on existing rights, claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Sch., Sec. 5
Effect on existing terms of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Sch., Sec. 3
Reimbursement for expenses of constitutional election . . . . . . . . . . . . . . . . . .Sch., Sec. 6
Supersession of prior constitutional provisions . . . . . . . . . . . . . . . . . . . . . . . .Sch., Sec. 1

Amendments
Concurrence in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 27

133
134 INDEX

Amendments—Continued
Constitutional
Proposal of by general assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 2(a)
Submission of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 2(b)
Effective thirty days after election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 2(b)
Limitation on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 21
Printing of legislative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 24
To U.S. Constitution, submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 3

Appointments
Discrimination as to race, creed, color or national origin prohibited . . . . . . .Art. IV, Sec. 53
Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 8

Apportionment
Commission (Representatives)
Appointment, duties, compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 2
Commission (Senate)
Number, appointment, duties, compensation . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 7
Congressional . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 45
Representatives, State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 9
Alteration of districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 10
Basis of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 10

Appropriations
By initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 51
For certain war debts prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(6)
For state parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 47
Governor may control or reduce rate, when . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 27
Limitation of governor’s budget on power of . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 25
Limitation of withdrawals to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 36
Limitation on when, bills can be taken up for consideration . . . . . . . . . . . . .Art. III, Sec. 25
Limitations on, specifications of amounts and purpose . . . . . . . . . . . . . . . . .Art. IV, Sec. 23
Order of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 36
Period of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 28
Power of partial veto of bills, procedure, limitations . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 26
Special session, limitation, appropriation bills . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20(b)
State parks, required for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 47

Arms
Right to keep and bear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 23

Assembly and petition, rights of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 9

Constitution and form of government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 3

Attainder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 30

Attorney General
Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 8

Auditor, State
Limitation on duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 13
Qualifications and duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 13
 INDEX 135

-B-
Bail
Excessive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 21
Guaranteed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 20

Banks
Exclusion of state from banking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 13

Bill of Rights, Art. I

Amendments to U.S. Constitution, submission of . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 4
Assembly and petition, rights of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 9
Constitution and form of government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 3
Corruption of blood and forfeitures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 30
Crime victims, rights of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 32
Criminal Proceedings
Bail guaranteed, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 20
Depositions in felony cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 18(b)
Excessive bail and fines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 21
Female jurors, optional exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 22(b)
Grand juries, composition, jurisdiction to convene, powers . . . . . . . . . . . .Art. I, Sec. 16
Indictments and informations, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 17
Jurors, qualifications of, two-thirds verdicts . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 22(a)
Rights of accused in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 18(a)
Self-incrimination and double jeopardy . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 19
Due process of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 10
Elections and right of suffrage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 25
Equality under the law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 2
Estates of suicides, death by casualty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 30
Ex post facto laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 13
Fines or imprisonment fixed by administrative agencies . . . . . . . . . . . . . . . . .Art. I, Sec. 31
Freedom of speech . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 8
General welfare, promotion of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 2
Government
Origin, basis and aim of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 1
Purpose of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 2
Habeas corpus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 12
Impairment of contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 13
Imprisonment for debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 11
Independence of Missouri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 4
Internal affairs, powers of people over . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 3
Irrevocable privileges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 13
Justice
Open courts, remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 14
Without sale, denial or delay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 14
Natural rights of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 2
Organized labor and collective bargaining . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 29
Political power, source of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 1
Property
Acquisition of excess by eminent domain . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 27
Compensation of property taken by eminent domain . . . . . . . . . . . . . . . . .Art. I, Sec. 26
136 INDEX

Bill of Rights, Art. I—Continued

Property—Continued
Condemnation juries, payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 26
Limitation on taking for private use, exceptions . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 28
Public use a judicial question . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 28
Railroad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 26
Quartering of soldiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 24
Religion
Liberty of conscience and belief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 5
Practice and support of, not compulsory . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 6
Preferences and discriminations on religious grounds . . . . . . . . . . . . . . . . . .Art. I, Sec. 7
Public aid for religious purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 7
Religious freedom . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 5
Right to keep and bear arms, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 23
Search and Seizure
Unreasonable prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 15
Warrants, contents and basis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 15
Subordination of military to civil power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 24
Treason, attainder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 30

Bills
Appropriation bills, time limitation on when can be taken up for
consideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 25
Appropriations, special session, limitation . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20(b)
Contents of titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 23
Effective when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 29
Failure of governor to return, effect, becomes law when . . . . . . . . . . . . . . . .Art. III, Sec. 31
Final passage of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 27
Form of reviving, reenacting and amending . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 28
Governor’s duty, time limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 31
Limitation of scope of, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 23
Limitation on amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 21
Limitation on introduction of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 25
Objections, procedure on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 30
Power of each house to originate and amend . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 21
Presentation to governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 30
Printing of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 24
Recall of referred bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 22
Reference to committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 22
Signing by presiding officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 30
Special sessions, legislature, limitations . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20(b)
Tabling of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20(a)
Veto session, vetoed bills reconsidered by General Assembly,
held when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 32
Vetoed reconsidered, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 32

Bingo authorized, requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(a)

Blind pension fund, tax levy for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 38(b)

Board of Education, State

Number and appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 2(a)
 INDEX 137

Board of Education, State—Continued

Political affiliation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 2(a)
Powers and duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 2(b)
Reimbursement and compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 2(a)
Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 2(a)

Bonds
Airports, political subdivisions to finance, procedure to adopt . . . . . . . . . . .Art. VI, Sec. 27
Corrections, facilities, bonds for building authorized . . . . . . . . . . . . . . . . .Art. III, Sec. 37(f)
Higher education bonds for building authorized . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(f)
Industrial development, political subdivisions to finance,
procedure to adopt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 27
Minorities to have percentage in all state bond plans . . . . . . . . . . . . . . . . .Art III, Sec. 37(f)
Percentage plan for African Americans, women and other
minorities in all state bond programs . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(f)
Prisons, colleges and universities, fourth state building
bond issues authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(f)
Refunding (local governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 28
Revenue bonds, defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 27(c)
Revenue, for utility, industrial and airport purposes . . . . . . . .Art. VI, Secs. 27, 27(a), 27(b)
State
Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(a)
Corrections, facilities, bonds for building authorized . . . . . . . . . . . . . .Art. III, Sec. 37(f)
Drinking water, improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(e)
Fourth state building bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(f)
Higher education bonds for building authorized . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(f)
Limitation on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37
Storm water control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(e)
Third state building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(d)
Water pollution control . . . . . . . . . . . . . . .Art. III, Secs. 37(b), 37(c), 37(e), 37(g), 37(h)
Utilities, political subdivisions, procedure to adopt . . . . . . . . . . . . . . . . .Art. VI, Sec. 27

Budgets
Annual of local government and municipally-owned utilities, audits . . . . . .Art. VI, Sec. 24
Governor’s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 24

-C-
Canvassers, Board of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 18

Cash Operating Reserve Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 27(a)

Charters and franchises, invalidation of unexercised . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 2

Circuit Courts (See Courts)

Cities
Additional benefits for public improvements . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(d)
Additional indebtedness of for municipally owned water
and light plants, limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(e)
138 INDEX

Cities—Continued
Classification of
Change from special to general law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 15
Uniform laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 15
Electric plants, additional debt, votes required . . . . . . . . . . . . . . .Art. VI, Secs. 26(b), 26(c)
Indebtedness limitation, amount, authorized by vote of
people, votes, number required . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(b)(c)
May acquire and furnish industrial plants, indebtedness for . . . . . . . . . . .Art. VI, Sec. 23(a)
Officers, terms of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 10
Pari-mutuel wagering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(c)
Procedure to frame and adopt, notice of, effect of . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 19
Reclamation of blighted, substandard or insanitary areas . . . . . . . . . . . . . . .Art. VI, Sec. 21
Revenue bonds, defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 27(c)
Revenue bonds for utility, industrial and airport purposes . . . . . . . . . . . . . .Art. VI, Secs. 27,
27(a), 27(b)
Right-of-ways, additional debt, votes required . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(d)
Sewers, additional debt authorized, votes required . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(d)
Special Charters
Amendment to city charters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 20
Certain cities may adopt charter form of government . . . . . . . . . . . . . . . .Art. VI, Sec. 19
Laws affecting charter cities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 22
Officers and employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 22
Power of charter cities, how limited . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 19(a)
Procedure to frame and adopt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 19
Storm water systems, additional debt, votes required . . . . . . . . . . . . . . . .Art. VI, Sec. 26(d)
Streets, additional debt, votes required . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(d)
Waterworks, additional debt, votes required . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(e)

Commissioner of Education
Appointment and compensation of professional staff . . . . . . . . . . . . . . . . .Art. IX, Sec. 2(b)
Qualification, duties and compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 2(b)

Commissions
Apportionment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 2
Charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(g)
Petitions for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(f)
Citizen’s commission on compensation established . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3
Members qualifications, terms, removal, vacancies, duties . . . . . . . . . . .Art. XIII, Sec. 3
Conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 43(a-b)
Equalization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 14
Highways and Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 29
Labor and Industrial Relations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 49
Nonpartisan judicial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(d)
Of state officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 5
Reapportionment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 7, Art. V, Sec. 4

Committees
Conference, adoption of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 27
Legislative
Interim meetings, provision for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 22
Records of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 22
Legislative research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 35
 INDEX 139

Compensation, citizens commission established . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3

Compensation of elected officials

Commission
Appointment to be made when, procedure . . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3
Chairperson selected by commission . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3
Expenses, reimbursement, no compensation . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3
Immediate family, defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3
Powers and duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3
Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3
Removal from commission, grounds, procedure . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3
Residency and registered voter requirements . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3
Secretary of state to establish procedure . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3
Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3
Vacancy, how filled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3
Expenses, mileage and per diem allowance included in
salary rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3
Hearings, public, to be held, number required, location . . . . . . . . . . . . . . . .Art. XIII, Sec. 3
Hearings to be open to public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3
Municipal judges not to be included . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3
Referendum to voters of schedule on petition . . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3
Salaries in effect prior to adoption of amendment . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3
Salary rate to include mileage allowance, per diem
expense allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3
Schedule of compensation
Cost-of-living increase or decrease to be granted, limitation . . . . . . . . . .Art. XIII, Sec. 3
Disapproval of schedule procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3
Effective, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3
Publication of schedule, session laws and in Revised Statutes . . . . . . . .Art. XIII, Sec. 3
With secretary of state and the Revisor of Statutes, when . . . . . . . . . . . . . . .Art. XIII, Sec. 3

Condemnation
Juries, payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 26

Conservation Commission
Duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 40(a)
Expenses of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 40(a)
Incumbent members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 40(b)
Members
Appointed, how . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 40(a)
Qualifications, terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 40(a)
Personnel of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 42
Use of revenue and funds of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 43(b)

Conservation, Department of
Acquisition of property, eminent domain . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 41
Director of conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 42
Rules and Regulations
Distribution of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 46
Filing, review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 45
Sales tax, use for conservation purposes . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 43(a)
Effective date, self-enforceability . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 43(c)
140 INDEX

Conservation, Department of—Continued

Sales tax, use for conservation purposes—Continued
Enabling clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 44
Repealing clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 44
Self-enforceability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 44

Conservation, Sales and Use Tax for Soil and Water and State Parks
Disbursements, purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47(b)
Effective date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47(c)
Effective, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47(c)
Enacted, purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47(a)
Enforcement, self-enforcing, exception . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47(c)
Expense, not to be of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47(c)
Expiration date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47(c)
General revenue, not part of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47(c)

Consolidation and separation between municipalities and

other political subdivisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 17

Constitution
Amendments
Proposal of by general assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 2(a)
Submission of, proposed by general assembly or by the initiative . . . .Art. XII, Sec. 2(b)
Limitation on revision and amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 1

Constitution and form of government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 3

Constitution, U.S., submission of amendments to . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 4

Constitutional Convention
Convention of Delegates
Organization, employees, printing, etc. . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 3(b)
Public sessions, rules, vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 3(b)
Quarters, oath, compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 3(b)
Quorum, vote required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 3(b)
Qualifications of delegates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 3(a)
Referendum on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 3(a)
Selection of nominees for district delegates and delegates-at-large . . . . . .Art. XII, Sec. 3(a)
Election procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 3(a)
Submission of proposal adopted by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 3(c)
Effective date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 3(c)
Time of election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 3(c)

Contracts, impairment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 13

Coordinating Board for Higher Education . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 52

Cooperation by local governments with other governmental units . . . . . . . .Art. VI, Sec. 16

Corporations, Art. XI
Banks, exclusion of state from banking . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 13
Cumulative voting, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 6
Definition of “corporation” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 1
Exercise of police power with respect to . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 3
 INDEX 141

Corporations, Art. XI—Continued

Invalidation of unexercised franchises and charters . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 2
Limitation of liability of stockholders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 8
Organization of by general law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 2
Railroads
Common carriers, regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 9
Consolidation of domestic with foreign corporations . . . . . . . . . . . . . . . .Art. XI, Sec. 10
Jurisdiction of Missouri courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 10
Notice of consolidation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 10
Prohibition of discrimination, favoritism and preferences . . . . . . . . . . . .Art. XI, Sec. 12
Railways, public highways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 9
Shares, how voted, exception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 6
Special laws relating to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 2
Stock and Debts
Consideration for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 7
Fictitious issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 7
Increases of stock or bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 7
Issuance of preferred stock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 7
Street railroads, local consent for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 11
Subject to eminent domain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 4
Trial by jury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 4
Voting of shares, alternate methods may be provided by law . . . . . . . . . . . . .Art. XI, Sec. 6

Correction facilities
Building, bond issue authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(f)

Corruption of blood and forfeitures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 30

Counties
Alternative forms of government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 9
Charter
Authority to adopt and amend a charter, qualifications . . . . . . . . . . . .Art. VI, Sec. 18(a)
Commission, appointment, number, qualification of members . . . . . .Art. VI, Sec. 18(g)
Petition for charter commissions, signatures required,
notice to circuit judge, procedure . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(f)
Classification of, uniform laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 8
Consolidation of, allocation of liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 3
Constitutional county of the first classification
Adoption by election, procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(p)
Amendments to constitution to become a part of
constitution, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(r)
Authority to adopt, limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(m)
Ballot set by county commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(m)
Certified copies filed, where . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(r)
Commission, appointment, members, qualifications . . . . . . . . . . . . . .Art. VI, Sec. 18(n)
Constitution, effective, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(o)
County constitution commission established by circuit judge . . . . . . .Art. VI, Sec. 18(n)
Election for separate vote on any part or alternative section . . . . . . . .Art. VI, Sec. 18(o)
Publication of constitution, text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(p)
Rejection by voters, resubmission, when, procedure . . . . . . . . . . . . . .Art. VI, Sec. 18(q)
Taxes only imposition of those authorized . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(m)
142 INDEX

Counties—Continued
Continuation of existing organization of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 2
County commissions, members, powers, duties . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 7
County constitution
Adopted or rejected by voters, resubmission procedure . . . . . . . . . . . .Art. VI, Sec. 18(q)
Amendments to constitution, procedure . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(r)
Certified copies to be filed, where . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(r)
Commission members, circuit judges may appoint . . . . . . . . . . . . . . .Art. VI, Sec. 18(n)
Effective when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(o)
Election to adopt, procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(p)
First class, may provide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(m)
Publication requirements for text . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(p)
Submission to electorate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(o)
Dissolution of, annexation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 5
Division or diminution of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 4
First class, may provide county constitution . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(m)
Government by special charter, limitations . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(a)
Indebtedness, additional amount authorized by vote of
people, votes, number required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(c)
Indebtedness limitation, amount, authorized by vote of
people, votes, number required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(b)
Joint participation by in common enterprise . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 14
Officers
Compensated only by salaries in certain counties . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 12
Compensation increases not required to provide for
additional duties or services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 11
Compensation of
In criminal matters, fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 13
Increases, no additional services or duty required . . . . . . . . . . . . . . . .Art. VI, Sec. 11
Statement of fees and salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 11
Terms of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 10
Pari-mutuel wagering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(c)
Recognition of existing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 1
Removal of county seats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 6
Special Charters
Adoption of, special election, manner of submission . . . . . . . . . . . . . .Art. VI, Sec. 18(h)
Amendments of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(k)
Certificates of adoption of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(j)
Judicial notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(j)
Recordation and deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(j)
Charter commission, appointment, number and qualifications
of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(g)
Government by, limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(a)
Laws affecting charter counties, limitations . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(e)
Limitation on resubmission after defeat . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(l)
Notice of special charter election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(i)
Participation by county in government of other local units . . . . . . . . .Art. VI, Sec. 18(c)
Petitions for charter commissions, signatures required, procedure . . . .Art. VI, Sec. 18(f)
Provisions authorized in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(c)
Provisions required in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(b)
Taxation under . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(d)
 INDEX 143

Court of Appeals (See Courts)

Courts
Circuit Courts
Associate Circuit Judges
Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 17
Selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 16
Circuits, establishment and changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 15
General terms and divisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 15
Judges, presiding judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 15
Jurisdiction, sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 14
Constitutional . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 1
Court of Appeals
Chief judges, election, terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 8
Clerks and personnel, salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 22
Districts, judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 13
Judicial opinions, filing and publication . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 12
May sit in divisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 7
Memorandum decisions and orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 12
Municipal
Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 23
Judges and court personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 23
Role of associate circuit judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 23
Open, remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 14
Superior to control inferior . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 4
Supreme Court
Authority of (assignment of judges) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 6
Controlling decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 2
Duty of (rules of practice and procedure) . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 5
Highest court in the state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 2
Judicial opinions, filing and publication . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 12
Jurisdiction of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 3
Jurisdiction, original in tax limit cases . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 18(e)
May sit in divisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 7
Memorandum decisions and orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 12
Number of judges, sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 2
Reapportionment commission, appointment . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 4
Transfer of causes from court of appeals . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 10

Courts administrator, salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 4

Crime victims’ rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 32

Criminal Proceedings
Bail guaranteed, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 20
Death penalty cases, supreme court to have exclusive appellate
jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 3
Depositions in felony cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 18(b)
Excessive bail and fines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 21
Female jurors, optional exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 22(b)
Grand juries, composition, jurisdiction to convene, powers . . . . . . . . . . . . . . .Art. I, Sec. 16
Indictments and information, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 17
144 INDEX

Criminal Proceedings—Continued
Jurors, qualifications of, two-thirds verdicts . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 22(a)
Rights of accused in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 18(a)
Self-incrimination and double jeopardy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 19

-D-
Debts and Bond Issues (State)
Corrections, facilities, bonds for building authorized . . . . . . . . . . . . . . . . .Art. III, Sec. 37(f)
Fourth state building bond issue authorized . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(f)
Higher education bonds for building authorized . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(f)
Limitation on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37
State building bond issue authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(a)
State drinking water, improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(e)
Storm water control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(e)
Third state building bond issue authorized . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(d)
Water pollution control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(e)
Water Pollution Control Fund
Bonds authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(b)
Funds appropriated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(b)

Definitions
“Corporation” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 1
“General price level” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 17
“Nonstate funds” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 15
“Other political subdivision” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 15
“Personal income of Missouri” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 17
“Total state revenues” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 17

Departments
Number authorized for state to be 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 12

Depositions in felony cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 18(b)

Discrimination
In appointments prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 53
In employment of teachers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 3(c)

Distribution of Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. II, Sec. 1

Due process of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 10

-E-
Economic Development, Department of
Director, how appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 36(a)
Duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 36(a)

Education, Art. IX
Building fund for higher education authorized . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(f)
 INDEX 145

Education, Art. IX—Continued

Commissioner of
Appointment and compensation of professional staff . . . . . . . . . . . . . .Art. IX, Sec. 2(b)
Qualification, duties and compensation . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 2(b)
Fourth state building bonds issue authorized . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(f)
Gaming activities, all revenue to be used for public education . . . . . . . . .Art. III, Sec. 39(d)
Libraries
Free Public
Declaration of policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 10
State aid to local . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 10
Lottery, all revenue to be used for public education . . . . . . . . . . . . . . . . .Art. III, Sec. 39(b)
School Funds
Allotment of state revenue for school purposes . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 3(b)
County and Township
Annual distribution of income and receipts . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 7
Liquidation and reinvestment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 7
Optional distribution on liquidation . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 7
Deficiency in provision for eight-month school year . . . . . . . . . . . . . . .Art. IX, Sec. 3(b)
Payment and distribution of appropriations and income . . . . . . . . . . . .Art. IX, Sec. 3(a)
Prohibition of public aid for religious purposes and institutions . . . . . . . .Art. IX, Sec. 8
Public School
Certificates of indebtedness, renewals, liquidation . . . . . . . . . . . . . . . .Art. IX, Sec. 4
Investment of funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Secs. 4, 5
Limitation on use of income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 5
Sources, payment into state treasury . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 5
Tax levy for interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 4
Seminary
Certificates of indebtedness, renewals, liquidation . . . . . . . . . . . . . . . .Art. IX, Sec. 4
Investment of funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Secs. 4, 6
Limitation on use of income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 6
Sources, payment into state treasury . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 6
Tax levy for interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 4
Schools
Adult education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 1(b)
Age limit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 1(a)
Free public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 1(a)
Racial discrimination in employment of teachers . . . . . . . . . . . . . . . . . .Art. IX, Sec. 3(c)
Specific . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 1(b)
State Board of
Number and appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 2(a)
Political affiliation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 2(a)
Powers and duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 2(b)
Reimbursement and compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 2(a)
Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 2(a)
State University
Building fund for higher education authorized . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(f)
Government by board of curators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 9(a)
Number and appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 9(a)
Maintenance of state university and other educational
institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 9(b)
146 INDEX

Elected officials, compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3

Elections
Canvassers, board of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 18
Time of meeting and duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 18
Election Contests
Executive state officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 5
Other election contests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 5
Elective Officers
Election, time of, terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 17
Limitation on reelection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 17
Right of suffrage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 25
Senators and representatives, time of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 11
Special charter, notice of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(i)
Tie vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 18
Time of, terms (state elective officers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 17
To authorize indebtedness, contest of . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(g)
Writs of Election, to fill vacancies, general assembly . . . . . . . . . . . . . . . . . .Art. III, Sec. 14

Eminent Domain
Acquisition of excess property by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 27
Compensation for property taken by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 26
Corporations subject to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 4

Equality of sexes in public service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 10

Equality under the law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 2

Equalization Commission, appointment, duties . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 14

Exclusion of state from local taxation for local purposes . . . . . . . . . . . . . .Art. X, Sec. 10(a)

Executive Department, Art. IV

Administration, Office of, commissioner, how appointed . . . . . . . . . . . . . . .Art. IV, Sec. 50
Administrative Heads
Appointments, how made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 51
Failure to confirm, effect of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 51
Administrative rules and regulations, filing of . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 16
Agriculture, Department of
Director, how appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 35
Forestry and forest fires . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 36
Funds to be provided, how . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 35
Appointments, discrimination prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 53
Changes of salaries, limitation on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 21
Composition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 12
Conservation, Department of
Acquisition of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 41
Commission
Duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 40(a)
Effective date, self-enforceability . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 43(c)
Expenses of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 40(a)
Incumbent members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 40(b)
 INDEX 147

Executive Department, Art. IV—Continued

Conservation, Department of—Continued
Commission—Continued
Members, qualifications, terms, how appointed . . . . . . . . . . . . . . . .Art. IV, Sec. 40(a)
Personnel of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 42
Revenue and funds, use of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 43(b)
Director of conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 42
Eminent domain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 41
Rules and Regulations
Distribution of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 46
Filing, review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 45
Sales Tax
Self-enforceability, enabling clause, repealing clause . . . . . . . . . . . . .Art. IV, Sec. 44
Use for conservation purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 43(a)
Departments and Offices
Enumerated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 12
Number authorized for state to be 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 12
Personnel
Merit system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 19
Selection and removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 19
Veterans’ preference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 19
Economic Development, Department of
Director, how appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 36(a)
Duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 36(a)
Elective Officials
Auditor, State
Limitation on duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 13
Qualifications and duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 13
Election
Canvassers, Board of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 18
Time of meeting and duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 18
Requirement for, tie vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 18
Time of, terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 17
Enumerated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 12
Limitation on reelection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 17
Secretary of State
Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 14
Limitation on duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 14
State seal, official register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 14
Treasurer, State
Budget reserve fund, duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 27(a)
Custody, investment and deposit of state funds . . . . . . . . . . . . . . . . . .Art. IV, Sec. 15
Duties, limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 15
Executive and administrative offices, location of . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 20
Fees, costs, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 21
Governor
Appointment, power of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 4
Tenure of appointees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 4
Appropriations, power of reducing amount . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 27
Building bond issues, percentage program for minority
business, duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(f)
148 INDEX

Executive Department, Art. IV—Continued

Governor—Continued
Commissions of state officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 5
Concurrent resolutions, duty of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 8
Exceptions, limitation of, effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 8
Duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 2
Executive power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 1
General Assembly
Call of extra sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 9
Messages and recommendations to . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 9
Militia, commander in chief of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 6
Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 6
Qualifications of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 3
Reprieves, commutations and pardons . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 7
Limitations on power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 7
Governorship, Succession to
Acting as governor not to vacate regular office . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 11(c)
Disability board, membership, duties . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 11(b)
Disputed illness, Supreme Court to decide . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 11(b)
Governor to resume office, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 11(b)
Governor’s declaration of disability . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 11(b)
Order of, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 11(a)
Higher Education, Department of
Coordinating Board for
Established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 52
Members, terms, qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 52
Department established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 52
Highways and Transportation, Department of
Airports, facilities, administration of . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 30(c)
Apportionment of funds for supplementary highways . . . . . . . . . . . . . . .Art. IV, Sec. 32
Commission
Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 29
Qualification of members and employees . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 29
Limitation on local fuel taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 30(a)
Mass public transportation, commission’s powers . . . . . . . . . . . . . . . .Art. IV, Sec. 30(c)
Retirement benefits, transportation department . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 33
Source and application of state funds . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 30(b)
State highways in municipalities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 31
Transportation department merged with highway department . . . . . . . . .Art. IV, Sec. 12
Transportation fund established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 30(b)
Insurance, Department of
Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 36(b)
Consumer affairs office to be established in department,
powers and duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 36(b)
Director, appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 36(b)
Division references in constitution and statutes to mean
department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 36(b)
Labor and Industrial Relations, Department of Commission
members, how appointed, terms, qualifications . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 49
Lieutenant Governor, qualifications, powers and duties . . . . . . . . . . . . . . . . .Art. IV, Sec. 10
 INDEX 149

Executive Department, Art. IV—Continued

Mental Health, Department of
Cooperation with federal and other state governments . . . . . . . . . . . . . . .Art. IV, Sec. 39
Director, how appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 37(a)
Duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 37(a)
Natural Resources, Department of
Director, how appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47
Duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47
Public Safety, Department of
Director, how appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 48
Duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 48
Revenue, Department of
Appropriation, period of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 28
Director, appointment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 22
Duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 22
Fiscal year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 23
Governor’s budget and recommendations . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 24
Limitation of governor’s budget on power of appropriation . . . . . . . . . . .Art. IV, Sec. 25
Limitations on appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 23
Specifications of amount and purposes . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 23
Nonstate funds, custody and investment duties . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 15
Power of governor to control rate of and reduce expenditures . . . . . . . . .Art. IV, Sec. 27
Power of partial veto of appropriation bills . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 26
Procedure, limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 26
Treasury withdrawals, how made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 28
Certified how . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 28
Social Services, Department of
Director, how appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 37
Duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 37

Ex post facto laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 13

-F-
Facilities Maintenance Reserve Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 27(b)

Fees, Costs
Executive department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 21

Fines
Excessive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 21
Fixed by administrative agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 31

Fiscal year of state

July 1, date of fiscal year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 23

Forest Lands
Relief from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 7

Fourth state building fund for correction facilities and higher

education bond issues authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(f)
150 INDEX

Freedom of speech . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 8

Freeholders, Board of (St. Louis City and County)

Appointment of member by governor . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 30(b)
Compensation and reimbursement of members . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 30(b)
Meetings of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 30(b)
Procedure for selection of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 30(a)
Vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 30(b)

-G-
Gambling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Secs. 39(a), 39(b), 39(c), 39(d), 39(e)
Riverboat Gambling
Authorized on Missouri and Mississippi Rivers . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(e)
Boats in moats authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(e)
Gaming revenues to be used solely for public education . . . . . . . . . . .Art. III, Sec. 39(d)

General Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 1

Adjournment, regular session, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20(a)
Adjournment, special session, automatic, when . . . . . . . . . . . . . . .Art. III, Secs. 20(a), 20(b)
Amendments
Proposal of by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 2(a)
Submission of proposed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 2(b)
Appointment of officers of houses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 18
Appropriation bills, time limitation on when can be taken up
for consideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 25
Automatic adjournment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20(a)
Bills tabled, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20(a)
Bingo authorized, requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(a)
Call of extra sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20(b), Art. IV, Sec. 9
Committees
Interim meetings, provision for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 22
Records of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 22
Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3
Compensation, mileage allowance and expenses of members . . . . . . . . . . . .Art. III, Sec. 16
Election, time of, senators and representatives . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 11
Emergency duties and powers on enemy attack . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 46(a)
Extra Session
Action beyond call of special message prohibited . . . . . . . . . . . . . . . .Art. III, Sec. 39(7)
Call of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20(b), Art. IV, Sec. 9
Governor’s messages and recommendations to . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 9
Historical memorials and monuments, acquisition of property for . . . . . . . .Art. III, Sec. 48
Interim committees to function, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 22
Jurisdiction to determine membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 18
Legislative privileges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 19
Limitations
On authority to impose taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 18
On number of employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 17
On power to adjourn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20
On power of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39
 INDEX 151

General Assembly—Continued
Local and Special Laws
Indirect enactment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 41
Limitations on passage of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 40
Repeal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 41
Lottery, authority to establish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(b)
Members disqualified from holding other offices . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 12
Militia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 46
Oath of office of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 15
Power to make rules, punish for contempt and disorderly
conduct and expel members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 18
Public sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20
Reapportionment of Districts
House of representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 2
Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 7
Refusal to take oath and conviction of violation, effect of . . . . . . . . . . . . . . .Art. III, Sec. 15
Regular sessions of, quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20
Session begins, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20
Session ends, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20
Special Sessions
Adjournment, automatic, when . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Secs. 20(a), 20(b)
Appropriation bills, limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20(b)
Bills, limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20(b)
Convening procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20(b)
State parks, appropriations for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 47
Tabling of bills, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20(a)
Term limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 8
Ticket sales, General Assembly to promulgate rules . . . . . . . . . . . . . . . . .Art. III, Sec. 39(b)
Veto session, vetoed bills reconsidered by general assembly,
held when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 32

General elections, time of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 1

General Revenue Fund

Funds received by state to go into state treasury . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 36

General welfare, promotion of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 2

Government
Alternative forms (county) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 9
Internal affairs, powers of people over . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 3
Origin, basis and aim of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 1
Political power, source of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 1
Purpose of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 2
Separation of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. II, Sec. 1
Three departments of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. II, Sec. 1

Governor
Appointment, power of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 4
Tenure of appointees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 4
Budget and recommendations as to revenue . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 24
152 INDEX

Governor—Continued
Building bond issues, percentage program for minority
business, duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(f)
Commissions of state officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 5
Concurrent resolutions, duty of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 8
Exceptions, limitation of effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 8
Declaration of disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 11(b)
Duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 2
Executive power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 1
General Assembly
Call of extra sessions . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20(b), Art. IV, Sec. 9
Duty on bills, time limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 31
Failure to return bills, becomes law when . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 31
Messages and recommendations to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 9
Limitation of budget on power of appropriation . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 25
Militia, commander in chief of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 6
Power of partial veto of appropriation bills . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 26
Procedure, limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 26
Power of to control rate of and reduce expenditures . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 27
Qualifications of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 3
Reprieves, commutations and pardons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 7
Limitations on power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 7
Succession
Acting as governor not to vacate regular office . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 11(c)
Disability board, membership, duties . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 11(b)
Disputed illness, Supreme Court to decide . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 11(b)
Governor’s declaration of disability . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 11(b)
Order of, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 11(a)
To resume office, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 11(b)

Grand Juries
Composition, jurisdiction to convene, powers . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 16

-H-
Habeas Corpus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 12

Higher Education, Department of

Coordinating Board for Higher Education
Established, members, terms, qualifications . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 52
Department established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 52
Fourth state building fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(f)

Highways and Transportation, Department of

Airports, facilities, administration of . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 30(c)
Apportionments
Funds for supplementary state highways . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 32
Motor vehicle fuel tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 30(a)
 INDEX 153

Highways and Transportation, Department of—Continued

Highways and Transportation Commission
Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 29
Mass public transportation, powers . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 30(c)
Qualification of members and employees . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 29
Limitation on local fuel taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 30(a)
Revenue for non-highway purposes, prohibition against diverting . . . . . .Art. IV, Sec. 30(d)
Source and application of state funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 30(b)
State highways in municipalities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 31
Transportation department merged with highway department . . . . . . . . . . . .Art. IV, Sec. 12
Transportation fund established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 30(b)

Horse Racing
Commission, Horse Racing
Appointment, terms, qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(c)
Created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(c)
Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(c)
Removal from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(c)
Election
Ballot content . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(c)
Majority vote required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(c)
Procedure to adopt or reject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(c)
Submission to adopt every four years . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(c)
Pari-mutuel betting on horse racing may be authorized by
the general assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(c)

-I-
Impeachment
Effect of judgment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 3
Officers liable, grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 1
Power of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 2
Trial of impeachments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 2

Imprisonment
Fixed by administrative agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 31
For debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 11

Income Tax
Laws may incorporate federal laws by reference . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 4(d)

Indebtedness
Additional when authorized by popular vote (local governments) . . . . . .Art. VI, Sec. 26(d)
Application of funds derived from public debts (local governments) . . . . . .Art. VI, Sec. 29
Limitation on, authorized by popular vote . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(b)
Limitation on without popular vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(a)

Independence of Missouri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 4

Indictments and informations, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 17

154 INDEX

Initiative and Referendum

Appropriations by initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 51
Conflicting laws concurrently adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 51
Effective date of initiated laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 51
Initiative petitions, signatures required, form and procedure . . . . . . . . . . . . .Art. III, Sec. 50
Referendum, exceptions, procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 52(a)
Reservation of power to enact and reject laws . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 49
Signatures required, basis for computation of . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 53
Veto power, elections, effective date . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 52(b)

Insurance, Department of
Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 36(b)
Consumer affairs office to be established in department,
powers and duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 36(b)
Director, appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 36(b)
Division references in constitution and statutes to mean department . . . .Art. IV, Sec. 36(b)

Irrevocable privileges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 13

-J-
Joint Resolutions
Governor’s duty, time limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 31

Journals (Legislative)
Demand for yeas and nays, manner and record of vote . . . . . . . . . . . . . . . . .Art. III, Sec. 26

Judges
Assignment of, eligible judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 6
Associate circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Secs. 16, 17
Circuit court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 15
Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3
Court of appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 13
Municipal, selection, terms, compensation, jurisdiction . . . . . . . . . . . . . . . . . .Art. V, Sec. 23
Nonpartisan selection of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(a-g)
Prohibition of political activity by (nonpartisan court plan) . . . . . . . . . . . .Art. V, Sec. 25(f)
Provision against special compensation and practice of law . . . . . . . . . . . . . .Art. V, Sec. 20
Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 21
Age requirements, license to practice law . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 21
Retirement, assignment as senior judge or commissioner . . . . . . . . . . . . . . . .Art. V, Sec. 26
Salaries and compensation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 20
Terms of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 19
Travel and other expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 20

Judicial Department, Art. V

Courts
Circuit Courts
Associate Circuit Judges
Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 17
Selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 16
Circuits, establishment and changes . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 15
 INDEX 155

Judicial Department, Art. V—Continued

Courts—Continued
Circuit Courts—Continued
Court personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 15
General terms and divisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 15
Judges, presiding judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 15
Jurisdiction, sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 14
Constitutional . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 1
Courts of Appeals
Chief judges, election, terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 8
Clerks and personnel, salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 22
Districts, judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 13
Judicial opinions, filing and publication . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 12
May sit in divisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 7
Memorandum decisions and orders . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 12
Jurisdiction, sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 14
Municipal
Appeals from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 23
Judges and court personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 23
Role of associate circuit judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 23
Practice and procedure, rules of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 5
Superior to control inferior . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 4
Supreme Court
Authority of (assignment of judges) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 6
Chief justice, authority of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 8
Controlling decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 2
Duty of (rules of practice and procedure) . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 5
Election, terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 8
Highest court in state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 2
Judicial opinions, filing and publication . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 12
Jurisdiction of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 3
May sit in divisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 7
Memorandum decisions and orders . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 12
Number of judges, sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 2
Reapportionment commission, appointment . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 4
Transfer of causes from court of appeals . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 10
Transfer of causes to court en banc . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 9
Courts administrator, salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 4
Judges
Assignment of, eligible judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 6
Associate circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Secs. 16, 17
Circuit court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 14
Court of appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 13
Municipal, selection, terms, compensation, jurisdiction . . . . . . . . . . . . . . .Art. V, Sec. 23
Provision against special compensation and practice of law . . . . . . . . . . . .Art. V, Sec. 20
Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 21
Age requirements, license to practice law . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 21
Retirement, assignment as senior judge or commissioner . . . . . . . . . . . . .Art. V, Sec. 26
Salaries and compensation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 20
Terms of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 19
Travel and other expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 20
156 INDEX

Judicial Department, Art. V—Continued

Judicial article, effective date and transition provisions . . . . . . . . . . . . . . . . . .Art. V, Sec. 27
Judicial power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 1
Judicial review, action of administrative agencies, scope . . . . . . . . . . . . . . . . .Art. V, Sec. 18
Jurisdiction, want of, effect of, transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 11
Nonpartisan Court Plan
Adoption in Other Circuits
Form of petition and ballots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(b)
Petitions and elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(b)
Appointments to fill vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(a)
Certification of names upon declaration . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(c)(2)
Courts subject to plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(a)
Declaration of candidacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(c)(1)
Form of judicial ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(c)(1)
Law applicable to elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(c)(2)
Nonpartisan Judicial Commissions
Majority rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(d)
Number, qualifications, selections and terms of members . . . . . . . .Art. V, Sec. 25(d)
Reimbursement of expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(d)
Rules of Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(d)
Payment of expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(e)
Prohibition of political activity by judges . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(f)
Rejection and retention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(c)(1)
Selection of judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(a)
Self-enforceability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(g)
Tenure of judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(c)(1)
Practice and procedure, rules of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 5
Power of legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 5
Retirement, Removal and Discipline of Judges, Commission on
Additional duties prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 24
Composition, terms, duties, procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 24
Reimbursement of expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 24

Judicial power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 1

Judicial Review
Action of administrative agencies, scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 18

Juries
Condemnation, payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 26
Female jurors, optional exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 22(b)
Grand Juries
Composition, jurisdiction to convene, powers . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 16
Jurors, qualifications of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 22(a)
Two-thirds verdicts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 22(a)

Jurisdiction (Courts)
Want of, effect of, transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 11

Jurors
Female, optional exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 22(b)
Qualifications of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 22(a)
 INDEX 157

Justice
Open courts, remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 14
Without sale, denial or delay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 14

-L-
Labor and Industrial Relations, Department of
Commission members, how appointed, term, qualifications . . . . . . . . . . . . .Art. IV, Sec. 49

Labor, organized and collective bargaining . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 29

Laws
Affecting charter counties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(e)
Effective date of, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 29
Style of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 21

Legislative Department, Art. III

Apportionment
Basis of, alteration of districts (representatives) . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 10
Congressional . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 45
General Assembly
Appointment of officers of houses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 18
Automatic adjournment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20(a)
Compensation, mileage allowance and expenses of
members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 16
Compulsory attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20
Election, time of, senators and representatives . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 11
Emergency duties and powers on enemy attack . . . . . . . . . . . . . . . . . .Art. III, Sec. 46(a)
Historical memorials and monuments, acquisition of property . . . . . . . . .Art. III, Sec. 48
Jurisdiction to determine membership . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 18
Legislative privileges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 19
Limitations
On authority to impose taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 18
On number of legislative employees . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 17
On passage of local and special laws . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 40
On power to adjourn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20
On power of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39
Local and Special Laws
Indirect enactment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 41
Notice of proposed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 42
Repeal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 41
Members disqualified from holding other offices . . . . . . . . . . . . . . . . . . .Art. III, Sec. 12
Militia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 46
Oath of office of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 15
Power to make rules, punish for contempt and disorderly
conduct and expel members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 18
Public sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20
Refusal to take oath and conviction of violation, effect of . . . . . . . . . . . .Art. III, Sec. 15
Regular sessions of, quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20
State parks, appropriations for required . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 47
Tabling of bills, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 20(a)
158 INDEX

Legislative Department, Art. III—Continued

General Assembly—Continued
Vacancies
Vacation by removal of residence . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 13
Writs of election to fill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 14
Initiative and Referendum
Appropriations by initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 51
Conflicting laws concurrently adopted . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 51
Effective date of initiated laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 51
Elections, effective date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 52(b)
Initiative Petitions
Form and procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 50
Signatures required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 50
Referendum
Exceptions, procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 52(a)
Reservation of power to enact and reject laws . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 49
Signatures required, basis for computation of . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 53
Veto power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 52(b)
Lands
Of nonresidents, taxation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 43
Of United States
Exemption from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 43
Title and control of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 43
Legislative Proceedings
Amendments
Concurrence in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 27
Printing of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 24
Bills
Contents of titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 23
Failure of governor to return, becomes law when . . . . . . . . . . . . . . . .Art. III, Sec. 31
Final passage of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 27
Form of reviving, reenacting and amending . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 28
Governor’s duty, time limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 31
Limitation of scope of, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 23
Limitation on amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 21
Limitation on introduction of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 25
Objections, procedure on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 30
Power of each house to originate and amend . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 21
Presentation to governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 30
Printing of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 24
Recall of referred bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 22
Referral to committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 22
Signing by presiding officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 30
Vetoed reconsidered, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 32
Committees
Conference committee, adoption of reports . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 27
Interim meetings, provision for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 22
Records of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 22
General Statutes
Revision of, limitation on compensation . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 34
 INDEX 159

Legislative Department, Art. III—Continued

Legislative Proceedings—Continued
Joint Resolutions
Governor’s duty, time limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 31
Journals
Demand for yeas and nays, manner and record of
vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 26
Laws
Effective date of, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 29
Style of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 21
Legislative Research, Committee on . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 35
Limitation on Legislative Power
Appropriations
Limitation of withdrawals to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 36
Order of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 36
Payment of revenues and receipts to treasury . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 36
State Debts and Bond Issues
Bonds authorized, funds appropriated . . . . . . . . . . . . . . . . .Art. III, Secs. 37(b), 37(e)
Limitation on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37
State building bond issue authorized . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(a)
Third state building bond issue authorized . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(d)
Water pollution control fund established . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(b)
State funds and credit, use of, exceptions . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 38(a)
Representatives
Apportionment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 9
Basis of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 10
Commission, appointment, duties, compensation . . . . . . . . . . . . . . . . .Art. III, Sec. 2
Election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 2
Qualifications of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 4
Senators
Apportionment Commission
Number, appointment, duties, compensation . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 7
Number, senatorial districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 5
Qualifications of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 6

Legislative Research, Committee on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 35

Libraries
Free Public
Declaration of policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 10
State aid to local . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 10

Lieutenant Governor
Qualifications, powers and duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 10

Local Government, Art. VI

Additional indebtedness of counties and cities when authorized
by popular vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Secs. 26(d), 26(e)
Annual budgets and reports of local government and municipally-
owned utilities, audits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 24
Annual tax to pay and retire obligations within twenty years . . . . . . . . . .Art. VI, Sec. 26(f)
Application of funds derived from public debts . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 29
160 INDEX

Local Government, Art. VI—Continued

Benefit districts, special assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(d)
Bonds exempt from spending limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 22
Cities
Additional indebtedness for public improvements . . . . . . . . . . . . . . . .Art. VI, Sec. 26(d)
Additional indebtedness of for municipally-owned water
and light plants, limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(e)
Classification of Cities and Towns
Change from special to general law . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 15
Uniform laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 15
Electric plants, additional debt, votes required . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(e)
Indebtedness, additional amount authorized by vote of
people, votes, number required . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(c)
May acquire and furnish industrial plants, indebtedness for . . . . . . . .Art. VI, Sec. 23(a)
Officers, terms of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 10
Reclamation of blighted, substandard or insanitary areas . . . . . . . . . . . . .Art. VI, Sec. 21
Revenue bonds, defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 27(c)
Revenue bonds for utility, industrial and airport purposes . . . . . . . . . . .Art. VI, Secs. 27,
27(a), 27(b)
Rights-of-way, additional debt, votes required . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(d)
Sewers, additional debt authorized, votes required . . . . . . . . . . . . . . . .Art. VI, Sec. 26(d)
Special Charters
Amendment to city charters, procedure to frame and adopt . . . . . . . .Art. VI, Sec. 20
Certain cities may adopt charter form of government . . . . . . . . . . . . .Art. VI, Sec. 19
Laws affecting charter cities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 22
Officials and employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 22
Powers of charter cities, how limited . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 19(a)
Procedure to frame and adopt, notice of, effect of . . . . . . . . . . . . . . . .Art. VI, Sec. 19
Storm water systems, additional debt, votes required . . . . . . . . . . .Art. VI, Sec. 26(d)
Streets, additional debt, votes required . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(d)
Waterworks, additional debt, votes required . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(e)
City of St. Louis
Amendment of charter of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 32(a)
Certification, recordation and deposit of amendments
and revised charter, judicial notice . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 33
Recognition of as now existing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 31
Revision of charter of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 32(b)
Consolidation and separation as between municipalities
and other political subdivisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 17
Contest of elections to authorize indebtedness . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(g)
Cooperation by local governments with other governmental units . . . . . . . .Art. VI, Sec. 16
Counties
Alternative forms of government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 9
Classification of uniform laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 8
Consolidation of, allocation of liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 3
Continuation of existing organization of . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 2
County commissions, members, powers, duties . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 7
Dissolution of annexation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 5
Division or diminution of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 4
Government by special charter, limitations . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(a)
 INDEX 161

Local Government, Art. VI—Continued

Counties—Continued
Indebtedness, additional amount authorized by vote of
people, votes, number required . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(c)
Indebtedness, limitation, amount, authorized by vote of
people, votes, number required . . . . . . . . . . . . . . . . . . . . . .Art. VI, Secs. 26(b), 26(c)
Joint participation by in common enterprises . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 14
Officers
Compensated only by salaries in certain counties . . . . . . . . . . . . . . . .Art. VI, Sec. 12
Compensation of in criminal matters, fees . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 13
Compensation of, uniform laws, statement of fees
and salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 11
Terms of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 10
Recognition of existing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 1
Removal of county seats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 6
Special Charters
Adoption of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(h)
Manner of submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(h)
Special election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(h)
Amendments of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(k)
Certification of adoption of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(j)
Judicial notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(j)
Recordation and deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(j)
Charter Commission
Appointment, number and qualifications of members . . . . . . . .Art. VI, Sec. 18(g)
County government by, limitations . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(a)
Laws affecting charter counties, limitations . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(e)
Limitation on resubmission after defeat of . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(l)
Notice of special charter election . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(i)
Participation by county in government of other
local units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(c)
Petitions for charter commissions . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(f)
Signatures required, procedure . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(f)
Provisions authorized in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(c)
Provisions required in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(b)
Taxation under . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(d)
Licenses and fees increased, voter approval required . . . . . . . . . . . . . . . . . . .Art. X, Sec. 22
Limitation on indebtedness of
Authorized by popular vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(b)
Without popular vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(a)
Limitations
On indebtedness of
Authorized by popular vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(b)
Without popular vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(a)
On ownership of corporate stock, use of credit and grants
of public funds by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 23
On use of credit and grant of public funds by . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 25
Pensions and Retirement Plans
For certain cities and counties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 25
Political Subdivisions
Revenue bonds, defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 27(c)
162 INDEX

Local Government, Art. VI—Continued

Political Subdivisions—Continued
Revenue bonds for utility, industrial and airport purposes . . . . . . . . . . .Art. VI, Secs. 27,
27(a), 27(c)
Refunding of bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 28
St. Louis City and County
Board of Freeholders
Appointment of member by governor . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 30(b)
Compensation and reimbursement of members . . . . . . . . . . . . . . . .Art. VI, Sec. 30(b)
Meetings of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 30(b)
Procedure for selection of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 30(a)
Vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 30(b)
Powers conferred with respect to intergovernmental relations . . . . . . .Art. VI, Sec. 30(a)
Certification and recordation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 30(b)
Effect of adoption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 30(b)
Judicial notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 30(b)
Preparation of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 30(b)
Submission at special election . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 30(b)
Taxation of real estate affected . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 30(b)
State funding programs and services, requirements . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 21
Taxing jurisdiction of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 11(a)

Local Taxes
Authorization of, other than ad valorem . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 11(f)
Exclusion of bonded debt from limitations on tax rates . . . . . . . . . . . .. . .Art. X, Sec. 11(e)
Further limitation by law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 11(c)
Exceptions to limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 11(c)
Increase of rate by popular vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 11(c)
Limitation on rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 11(b)
Rate in St. Louis for county purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 11(d)
Taxing jurisdiction of local governments . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 11(a)
Taxpayer’s suits, attorney’s fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 23

Lotteries
Advertising requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(b)
Authority to establish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(b)
Bingo authorized, requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(a)
Commission
Lottery tickets, commission may sell, from office and
special events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(b)
Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(b)
Securities of U.S., authority to purchase . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(b)
Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(b)
Distribution of money to be by appropriation of general assembly . . . . . .Art. III, Sec. 39(b)
Fund, state lottery, to be established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(b)
Joint lottery games may be conducted . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(b)
Proceeds to education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(b)
Revenues to be used solely for public education . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(b)
Sales license, persons eligible to sell . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(b)
Securities of U.S., commission’s authority to purchase . . . . . . . . . . . . . . .Art. III, Sec. 39(b)
Ticket sales, general assembly to promulgate rules . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(b)
 INDEX 163

-M-
Marriage
Validity and recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 33

Medical Benefits
Political subdivisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 2
State employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 1

Mental Health, Department of

Cooperation with federal and other state governments . . . . . . . . . . . . . . . . . .Art. IV, Sec. 39
Director, how appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 37(a)
Duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 37(a)

Merit System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 19

Militia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 46

Governor, commander in chief of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 6

Missouri Citizen’s Commission on Compensation . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 3

Motor Vehicle Fuel Tax

Distribution of proceeds, limitation on use . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 30(a)

Municipal Courts (See Courts)

-N-
Natural Resources, Department of
Director, how appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47
Duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47
Sales and use tax levied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47(a)
Disbursement of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47(b)
Provisions self-enforcing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47(c)

Natural rights of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 2

Neighborhood improvement districts

Bond issues for improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 38(c)
Cities and counties may be authorized by general assembly
to establish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 38(c)
Limitation on indebtedness, how calculated . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 38(c)
Procedure to establish, voter approval required . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 38(c)
Special assessment to reimburse city or county . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 38(c)

Nepotism, penalty for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 6

Nonpartisan Court Plan

Adoption in other circuits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(b)
Form of petitions and ballots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(b)
Petitions and elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(b)
Certification of names upon declaration . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(c)(2)
164 INDEX

Nonpartisan Court Plan—Continued

Courts subject to plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(a)
Declaration of candidacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(c)(1)
Form of judicial ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(c)(1)
Law applicable to elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(c)(2)
Nonpartisan Judicial Commissions
Majority rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(d)
Number, qualifications, selection and terms of members . . . . . . . . . . . .Art. V, Sec. 25(d)
Reimbursement of expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(d)
Rules of Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(d)
Payment of expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(e)
Prohibition of political activity by judges . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(f)
Rejection and retention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(c)(1)
Selection of judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(a)
Self-enforceability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(g)
Tenure of judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 25(c)(1)

Nonstate Funds
Custody and investment of fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 15
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 15
Department of Revenue, duties and powers . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 15

-O-
Obsolete, Decadent or Blighted Areas
Relief from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 7

-P-
Pari-mutuel wagering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(c)

Parks and Monuments

Acquisition of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 48
Parks, sales and use tax to support, effective when, expires when Art. IV,
Secs. 47(a), 47(b), 47(c)
Payment in lieu of taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47(a)

Pensions and Retirement

Plans for certain cities and counties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 25
Statement of actuary required before retirement benefits
substantially changed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 14

Personnel
Merit system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 19
Selection and removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 19
Veterans’ preference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 19

Police Power
Exercise of with respect to corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 3
 INDEX 165

Political Subdivisions
Employees medical benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 2
Other political subdivision, defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 15
Revenue bonds, defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 27(c)
Revenue bonds for utility, industrial and airport purposes . . .Art. VI, Secs. 27, 27(a), 27(b)

Property
Acquisition of (Department of Conservation) . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 41
Acquisition of excess by eminent domain . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 27
Compensation for property taken by eminent domain . . . . . . . . . . . . . . . . . . .Art. I, Sec. 26
Condemnation juries, payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 26
Immunity of private from sale for municipal debts . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 9
Intangible
Assessment, levy, collection and distribution of tax . . . . . . . . . . . . . . . .Art. X, Sec. 4(c)
Taxation of, limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 4(b)
Limitation on taking for private use, exceptions . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 28
Public use a judicial question . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 28
Railroad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 26
Tangible
Basis of assessment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 4(b)
Limitation on state tax rate on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 8
Taxable
Classification of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 4(a)

Public Employees, Art. XIII

Medical benefits
Political subdivisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 2
State employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 1

Public Officers, Art. VII

Appointment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 7
Disqualification by federal employment, exceptions . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 9
Election Contests
Executive state officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 5
Other election contests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 5
Equality of sexes in public service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 10
Impeachment
Effect of judgment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 3
Officers liable, grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 1
Power of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 2
Trial of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 2
Limitation on increase of compensation and extension of
terms of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 13
Nepotism, penalty for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 6
Oath of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 11
Officers not subject to impeachment, removal of . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 4
Qualifications for public offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 8
Nonresidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 8
Retirement
Statement of actuary required before benefits substantially changed . . . . .Art. VII, Sec. 14
Tenure in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 12
166 INDEX

Public Safety, Department of

Director, how appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 48
Duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 48

-R-
Raffles and Sweepstakes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(f)

Railroad property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 26

Railroads
Common carriers, regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 9
Consolidation of domestic with foreign corporations . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 10
Jurisdiction of Missouri courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 10
Notice of consolidation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 10
Prohibition of discrimination, favoritism and preferences . . . . . . . . . . . . . . .Art. XI, Sec. 12
Railways public highways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 9
Taxation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 5

Referendum, on constitutional convention . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XII, Sec. 3(a)

Registration of voters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 5

Religion
Liberty of conscience and belief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 5
Practice and support of, not compulsory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 6
Preferences and discrimination on religious grounds . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 7
Public aid for religious purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 7
Religious freedom . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 5

Representatives, State
Apportionment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 9
Apportionment Commission
Appointment, duties, compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 2
Compensation, mileage allowance and expenses . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 16
Disqualified from holding other offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 12
Election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 2
Time of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 11
Legislative privileges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 19
Oath of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 15
Qualifications of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 4
Refusal to take oath and conviction of violation, effect of . . . . . . . . . . . . . . .Art. III, Sec. 15
Term limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 8
Vacation of office by removal of residence . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 13

Reprieves, commutations and pardons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 7

Retention of residence for voting purposes . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 6

Retirement
Benefits, transportation department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 33
Judges, assignment as senior judge or commissioner . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 26
 INDEX 167

Retirement—Continued
Plans for certain cities and counties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 25
Statement of actuary required before benefits substantially changed . . . . . .Art. VII, Sec. 14

Retirement, Removal and Discipline of Judges

Commission on
Additional duties prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 24
Composition, terms, duties, procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 24
Effect of revision on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 32(c)
Reimbursement of expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. V, Sec. 24

Revenue, Department of
Appropriation, period of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 28
Director, appointment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 22
Duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 22
Fiscal year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 23
Gaming activities to be used solely for public education . . . . . . . . . . . . .Art. III, Sec. 39(d)
Governor’s budget and recommendations as to revenue . . . . . . . . . . . . . . . . .Art. IV, Sec. 24
Limitation of governor’s budget on power of appropriation . . . . . . . . . . . . . .Art. IV, Sec. 25
Limitations on appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 23
Specifications of amount and purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 23
Lottery to be used solely for public education . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(b)
Nonstate funds, duties, custody and investment . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 15
Power of governor to control rate of and reduce expenditures . . . . . . . . . . . .Art. IV, Sec. 27
Power of partial veto of appropriation bills . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 26
Procedure, limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 26
Treasury withdrawals, how made, certified how . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 28

Rights for victims of crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 32

Right to keep and bear arms, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 23

Riverboat gambling
Authorized on Missouri and Mississippi Rivers . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(e)
Gaming revenues to be used solely for public education . . . . . . . . . . . . . .Art. III, Sec. 39(e)

Roads and Bridges

Additional tax rates for county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 12(a)
Reduction in rate may be required, how . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 12(a)
Refund of taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 12(b)
Road districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 12(a)

Rules and Regulations

Conservation Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Secs. 45, 46

-S-
St. Louis City and County
Powers with respect to intergovernmental relations . . . . . . . . . . . . . . . . . .Art. VI, Sec. 30(a)
Preparation of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 30(b)
Taxation of real estate affected . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 30(b)
168 INDEX

St. Louis City and County—Continued

Powers with respect to intergovernmental relations—Continued
Submission at special election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 30(b)
Certification and recordation, judicial notice . . . . . . . . . . . . . . . . .Art. VI, Sec. 30(b)
Effect of adoption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 30(b)

St. Louis, City of

Amendment of charter of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 32(a)
Certification, recordation and deposit of amendments
and revised charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 33
Judicial notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 33
Recognition of as now existing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 31
Revision of charter of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 32(b)

Salaries, changes of, limitations on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 21

Sales Tax
Imposition of on political subdivisions prohibited . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39
Motor vehicles, sales tax imposed on . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 30(b)
Soil and water conservation and state parks . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47(a)
Disbursement of revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47(b)
Provisions self-enforcing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47(c)

School Districts
Operating levy, how set (Kansas City) . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 11(g)

School Funds
Allotment of state revenue for school purposes . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 3(b)
County and Township
Annual distribution of income and receipts . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 7
Liquidation and reinvestment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 7
Optional distribution on liquidation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 7
Deficiency in provision for eight-month school year . . . . . . . . . . . . . . . . . .Art. IX, Sec. 3(b)
Gaming activities, all revenue to be used for public education . . . . . . . . .Art. III, Sec. 39(d)
Indebtedness authorized by vote of people, votes, number required . . . . .Art. VI, Sec. 26(c)
Lottery, all revenue to be used for public education . . . . . . . . . . . . . . . . .Art. III, Sec. 39(b)
Payment and distribution of appropriations and income . . . . . . . . . . . . . . .Art. IX, Sec. 3(a)
Prohibition of public aid for religious purposes and institutions . . . . . . . . . . .Art. IX, Sec. 8
Public School
Certificates of indebtedness, renewal, liquidation . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 4
Investment of funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 4
Limitation on use of income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 5
Sources, payment into state treasury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 5
Tax levy for interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 4
Seminary
Certificates of indebtedness, renewal, liquidation . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 4
Investment of funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Secs. 4, 6
Limitation on use of income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 6
Sources, payment into state treasury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 6
Tax levy for interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 4
 INDEX 169

Schools
Adult education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 1(b)
Age limit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 1(a)
Free public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 1(a)
Gaming activities, all revenue to be used for public education . . . . . . . . .Art. III, Sec. 39(d)
Racial discrimination in employment of teachers . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 3(c)
Specific . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 1(b)

Search and Seizure

Unreasonable prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 15
Warrants, contents and basis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 15

Seat of Government
Removal from City of Jefferson prohibited . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(8)

Secrecy of ballot, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 3

Secretary of State
Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Art. IV, Sec. 14
Limitation on duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 14
Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 8
State seal, official register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 14

Self-incrimination and double jeopardy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 19

Senators, State
Compensation, mileage allowance and expenses of . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 16
Disqualified from holding other offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 12
Election, time of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 11
Legislative privilege . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 19
Number of districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 5
Oath of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 15
Qualifications of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 6
Refusal to take oath and conviction of violation . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 15
Term limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 8
Vacation of office by removal of residence . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 13

Separation of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. II, Sec. 1

Sewer
Grants and loans, bonds authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(g)

Social Services, Department of

Director, how appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 37
Duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 37

Special Benefit Districts

Special assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(d)

Special Laws
Relating to corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 2

State aid for local purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 10(b)

170 INDEX

State employees medical benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XIII, Sec. 1

State Credit
Limitation on use of, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 38(a)
Use of in aid of others prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39(1)

State Parks
Appropriations required for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 47
Sales and use tax levied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47(a)
Disbursement of revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47(b)
Provisions self-enforcing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47(c)

State University
Government by board of curators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 9(a)
Number and appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 9(a)
Maintenance of state university and other educational institutions . . . . . . .Art. IX, Sec. 9(b)

Statutes
Revision of, limitation on compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 34

Stock and Debts

Consideration for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 7
Fictitious issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 7
Increases of stock or bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 7
Preferred stock, issuance of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 7

Stockholders, limitation of liability of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 8

Stormwater control
Bonds authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(h)

Street railroads, local consent for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 11

Subordination of military to civil power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 24

Quartering of soldiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 24

Suffrage and Elections, Art. VIII

General elections, time of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 1
Retention of residence for voting purposes . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 6
Right of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 25
Secrecy of ballot, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 3
Voters
Disqualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 2
Privilege of from arrest, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 4
Qualifications of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 2
Registration of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 5
Voting
Absentee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 7
Methods of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 3

Suicides
Estates of, death by casualty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 30
 INDEX 171

-T-
Tax and government spending, limitation . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Secs. 16-24

Taxation, Art. X
Conservation, soil, water and state parks, sales and use tax . . . . . . . . . .Art. IV, Secs. 47(a),
47(b), 47(c)
Definition of “other political subdivision” . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 15
Equalization commission, appointment, duties . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 14
Exclusion of state from local taxation for local purposes . . . . . . . . . . . . . .Art. X, Sec. 10(a)
Exemptions
Homestead exemption authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 6(a)
Intangible property, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 6(b)
Local governments may be reimbursed, when . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 6(b)
Property exempt from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 6
Immunity of private property from sale for municipal debts . . . . . . . . . . . . . . .Art. X, Sec. 9
Income Tax
Laws may incorporate federal laws by reference . . . . . . . . . . . . . . . . . . .Art. X, Sec. 4(d)
Rates, how set . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 4(d)
Increase limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 18(e)
Intangible Property
Assessment, levy, collection and distribution of . . . . . . . . . . . . . . . . . . .Art. X, Sec. 4(c)
Taxation of, limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 4(b)
Lands of nonresidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 43
Limitation of to public purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 3
Local Taxes
Authorization of, other than ad valorem . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 11(f)
Exclusion of bonded debt from limitations on tax rates . . . . . . . . . . . .Art. X, Sec. 11(e)
Further limitation by law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 11(c)
Exceptions to limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 11(c)
Increase of rate by popular vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 11(c)
Limitation on rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 11(b)
Taxing jurisdiction of local governments . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 11(a)
Tax rate in St. Louis for county purposes . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 11(d)
Of railroads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 5
Relief from
Forest lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 7
Limitations, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 7
Obsolescent, decadent or blighted areas . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 7
Reduction in rate of levy may be required by law . . . . . . . . . . . . . . . . .Art. X, Sec. 10(c)
Roads and Bridges
Additional tax rates for county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 12(a)
Reduction in rate may be required, how . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 12(a)
Refund of taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 12(b)
Road districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 12(a)
Sales Tax
Imposition on political subdivisions prohibited . . . . . . . . . . . . . . . . .Art. III, Sec. 39(10)
Soil and water conservation and state parks . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47(a)
Use for conservation purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 43(a)
State aid for local purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 10(b)
172 INDEX

Taxation, Art. X—Continued

Tangible Property
Basis of assessment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 4(b)
Limitation on state tax rate on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 8
Taxable property, classification of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 4(a)
Tax and Government Spending Limitation
Adjustment of limitation, how, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 18
Bonds exempt from limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Secs. 16, 18, 22
Counties, Political Subdivisions
Bonds exempt from limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 22
Licenses and fees increased, voter approval required . . . . . . . . . . . . . .Art. X, Sec. 22
Limitation on amount, how determined . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 22
State funding programs and services, requirements . . . . . . . . . . . . . . .Art. X, Sec. 21
Taxpayer’s suits, attorney’s fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 23
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 17
Emergency spending authorized, procedure . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 16
Exceed limits, how, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 19
Expenses, state government, limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 20
General Assembly, limitation on authority to impose taxes . . . . . . . . . . . .Art. X, Sec. 18
Limitation on total amount of taxes, how determined . . . . . . . . . . . . . . . .Art. X, Sec. 18
Refund of excess revenue, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 18
Self-enforcing, legislation not required but permissable . . . . . . . . . . . . . .Art. X, Sec. 24
Voter approval required, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Secs. 16, 22
Tax sales, limitations, contents of notices . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 13
Taxes
On franchises, incomes, excises and licenses . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 4(a)
Time for payment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 3
Taxing Power
Exercise by state and local governments . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 1
Inalienability of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 2
Under special charters (county) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 18(d)
Uniformity, general laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 3
Valuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 3
Limitation on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 11(a)
Voter approval required, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 18(e)

Taxes
Annual to pay and retire obligations within twenty years . . . . . . . . . . . . .Art. VI, Sec. 26(f)
Levy for interest, public schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 4
Seminaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IX, Sec. 4
Local fuel, limitations on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 30(a)
Motor Vehicle Fuel Tax
Apportionment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 30(a)
Limitation on local . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 30(a)
On franchises, incomes, excises and licenses . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 4(a)
Sales and use tax for conservation of soil, water and state
parks, effective when, expires when . . . . . . . . . . . . . . . .Art. IV, Secs. 47(a), 47(b), 47(c)
Sales Tax
Imposition on political subdivisions prohibited . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39
Soil and water conservation and state parks . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47(a)
Use for conservation purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 43(a)
 INDEX 173

Taxes—Continued
Soil and water, state parks, sales and use tax, effective
when, expires when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 47(c)
State Highway Bond Tax
Determination, certification and collection of . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 34
Time for payment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 3
Voter approval required, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 18(e)

Tax Exemptions
Homestead authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 6(a)
Intangible property may be exempt, when . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 6(b)
Local governments may be reimbursed, when . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 6(b)
Property exempt from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 6

Taxing Power
Exercise by state and local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 1
Inalienability of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 2
Voter approval required, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 18(e)

Tax Relief
Forest lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 7
Limitations, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 7
Obsolescent, decadent or blighted areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 7
Reduction in rate of levy may be required by law . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 10(c)

Tax Sales
Limitations, contents of, notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 13

Term Limits
Congressional Term Limits Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 16
Automatic repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 20
Legal challenges, jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 21
Secretary of State, duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 19
Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 22
Voter instruction, members of Congress . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 17
Voter instruction, non-incumbents . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 18
Members of the General Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 8
Members of the U.S. Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 45(a)
Representatives, State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 8
Senators, State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 8
U.S. Congress members, term limitations, effective when,
voluntary, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 45(a)

Third State Building Bond Issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(d)

Towns
Classification of
Change from special to general law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 15
Uniform laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 15

Transportation Department merged with Highway Department . . . . . . . . .Art. IV, Sec. 12

174 INDEX

Treason, attainder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 30

Treasurer, State
Cash operating reserve fund, duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 27(a)
Custody, investment and deposit of state funds . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 15
Duties, limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 15
Nonstate funds, defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 15
Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VII, Sec. 8
Treasury withdrawals, how made, certified how . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 28

Treasury, State
Cash operating reserve fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 27(a)
Funds, all received by state to be deposited in State Treasury . . . . . . . . . . . .Art. III, Sec. 36
Payment of revenues and receipts to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 36

Trial by jury, corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. XI, Sec. 4

-U-
Ultra Vires Acts and Contracts
Payment of prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 39

United States
Lands, exemption from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 43
Lands, title and control of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 43

United States Congress

Congressional Term Limits Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 16
Automatic repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 20
Legal challenges, jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 21
Secretary of State, duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 19
Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 22
Voter instruction, members of Congress . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 17
Voter instruction, non-incumbents . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 18

U.S. Congress members, term limitations, effective when, voluntary,

when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 45(a)

-V-
Valuation tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 3
Limitation on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. X, Sec. 11(a)

Veterans’ preference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 19

Veto
Bills vetoed by governor reconsidered at veto session, held when . . . . . . . .Art. III, Sec. 32
Partial of appropriation bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. IV, Sec. 26

Victims of crime, rights of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. I, Sec. 32

 INDEX 175

Voters
Disqualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 2
Privilege of from arrest, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 4
Qualifications of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 2
Registration of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 5

Voting
Absentee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 7
Methods of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VIII, Sec. 3

-W-
Water companies
Cities, additional debt, votes required . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. VI, Sec. 26(e)

Water pollution control fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(b)

Additional bonds authorized, procedure . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(c)
Bond issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(e)
Sewage treatment facilities, legislative action authorized . . . . . . . . . . . . .Art. III, Sec. 37(c)

-Y-
Youth services
Fourth state building fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Art. III, Sec. 37(f)
 CONSTITUTION
of the
UNITED STATES OF AMERICA
__________

PREAMBLE
We, the people of the United States, in order to form a more perfect union, establish
justice, insure domestic tranquility, provide for the common defense, promote the gen-
eral welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain
and establish this Constitution for the United State of America.

ARTICLE I
THE LEGISLATIVE DEPARTMENT
SECTION
1. Legislative powers.
2. House of Representatives.
3. Senators.
4. Election of senators and representatives.
5. Qualification of members—quorum.
6. Compensation of members—privileges.
7. Revenue bills.
8. Powers of Congress.
9. Habeas corpus—taxes.
10. Powers denied to states.

Section 1. Legislative powers.—All legislative powers herein granted shall be vest-

ed in a Congress of the United States, which shall consist of a Senate and House of
Representatives.
Section 2. House of Representatives.—The House of Representatives shall be
composed of members chosen every second year by the people of the several states,
and the electors in each state shall have the qualifications requisite for electors of the
most numerous branch of the state legislature.
No person shall be a representative who shall not have attained to the age of twen-
ty-five years, and been seven years a citizen of the United States, and who shall not,
when elected, be an inhabitant of that state in which he shall be chosen.
Representatives and direct taxes shall be apportioned among the several states which
may be included within this Union, acccording to their respective numbers, which shall
be determined by adding to the whole number of free persons, including those bound to
service for a term of years, and excluding Indians not taxed, three-fifths of all other per-
sons. The actual enumeration shall be made within three years after the first meeting of
the Congress of the United States, and within every subsequent term of ten years, in
such manner as they shall by law direct. The number of representatives shall not exceed
one for every thirty thousand, but each state shall have at least one representative; and
until such enumeration shall be made, the state of New Hampshire shall be entitled to
choose three, Massachusetts eight, Rhode Island and Providence Plantations one,

176
177 CONSTITUTION OF THE UNITED STATES Art. I § 5

Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one,
Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the representation from any state, the executive authori-
ty thereof shall issue writs of election to fill such vacancies.
The House of Representatives shall choose their speaker and other officers; and
shall have the sole power of impeachment.
Section 3. Senators.—The Senate of the United States shall be composed of two
senators from each state, chosen by the legislature thereof, for six years; and each sen-
ator shall have one vote.
Immediately after they shall be assembled in consequence of the first election, they
shall be divided as equally as may be into three classes. The seats of the senators of the
first class shall be vacated at the expiration of the second year, of the second class at
the expiration of the fourth year, and of the third class at the expiration of the sixth year,
so that one-third may be chosen every second year; and if vacancies happen by resig-
nation, or otherwise, during the recess of the legislature of any state, the executive
thereof may make temporary appointments until the next meeting of the legislature,
which shall then fill such vacancies.
No person shall be a senator who shall not have attained to the age of thirty years,
and been nine years a citizen of the United States, and who shall not, when elected, be
an inhabitant of that state for which he shall be chosen.
The Vice-President of the United States shall be President of the Senate, but shall
have no vote, unless they be equally divided.
The Senate shall choose their other officers, and also a president pro tempore, in the
absence of the Vice-President, or when he shall exercise the office of President of the
United States.
The Senate shall have the sole power to try all impeachments. When sitting for that
purpose, they shall be on oath or affirmation. When the President of the United States
is tried, the Chief Justice shall preside; and no person shall be convicted without the
concurrence of two-thirds of the members present.
Judgment in cases of impeachment shall not extend further than to removal from
office, and disqualification to hold and enjoy any office of honor, trust or profit under
the United States: but the party convicted shall nevertheless be liable and subject to
indictment, trial, judgment and punishment, according to law.
Section 4. Election of senators and representatives.—The times, places and man-
ner of holding elections for senators and representatives shall be prescribed in each
state by the legislature thereof; but the Congress may at any time, by law, make or alter
such regulations, except as to the places of choosing senators. The Congress shall
assemble at least once in every year, and such meeting shall be on the first Monday in
December, unless they shall, by law, appoint a different day.
Section 5. Qualification of members—quorum.—Each house shall be the judge
of the elections, returns and qualifications of its own members, and a majority of each
shall constitute a quorum to do business; but a smaller number may adjourn from day
to day, and may be authorized to compel the attendance of absent members, in such
manner, and under such penalties as each house may provide.
Each house may determine the rules of its proceedings, punish its members for dis-
orderly behavior, and, with the concurrence of two-thirds, expel a member.
Each house shall keep a journal of its proceedings, and from time to time publish
the same, excepting such parts as may in their judgment require secrecy; and the yeas
Art. I § 6 CONSTITUTION OF THE UNITED STATES 178

and nays of the members of either house on any question shall, at the desire of one-fifth
of those present, be entered on the journal.
Neither house, during the session of Congress shall, without the consent of the
other, adjourn for more than three days, nor to any other place than that in which the
two houses shall be sitting.
Section 6. Compensation of members—privileges.—The senators and represen-
tatives shall receive a compensation for their services, to be ascertained by law, and
paid out of the treasury of the United States. They shall, in all cases, except treason,
felony and breach of the peace, be privileged from arrest during their attendance at the
session of their respective houses, and in going to and returning from the same; and for
any speech or debate in either house, they shall not be questioned in any other place.
No senator or representative shall, during the time for which he was elected, be
appointed to any civil office under the authority of the United States, which shall have
been created, or the emoluments whereof shall have been increased, during such time;
and no person holding any office under the United States shall be a member of either
house during his continuance in office.
Section 7. Revenue bills.—All bills for raising revenue shall originate in the House of
Representatives; but the Senate may propose or concur with amendments as on other bills.
Every bill which shall have passed the House of Representatives and the Senate
shall, before it become a law, be presented to the President of the United States; if he
approve he shall sign it, but if not he shall return it with his objections to that house in
which it shall have originated, who shall enter the objections at large on their journal,
and proceed to reconsider it. If after such reconsideration two-thirds of that house
shall agree to pass the bill, it shall be sent, together with the objections, to the other
house, by which it shall likewise be reconsidered, and if approved by two-thirds of that
house, it shall become a law. But in all such cases the votes of both houses shall be
determined by yeas and nays, and the names of the persons voting for and against the
bill shall be entered on the journal of each house respectively. If any bill shall not be
returned by the President within ten days (Sundays excepted) after it shall have been
presented to him, the same shall be a law, in like manner as if he had signed it, unless
the Congress by their adjournment prevent its return, in which case it shall not be a law.
Every order, resolution or vote to which the concurrence of the Senate and House of
Representatives may be necessary (except on a question of adjournment) shall be pre-
sented to the President of the United States, and, before the same shall take effect, shall
be approved by him, or, being disapproved by him, shall be repassed by two-thirds of
the Senate and House of Representatives, according to the rules and limitations pre-
scribed in the case of a bill.
Section 8. Powers of Congress.—The Congress shall have power:
To lay and collect taxes, duties, imposts and excises, to pay the debts and provide
for the common defense and general welfare of the United States; but all duties,
imposts and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several states, and with
the Indian tribes;
To establish an uniform rule of naturalization, and uniform laws on the subject of
bankruptcies throughout the United States;
To coin money, regulate the value thereof, and of foreign coin, and fix the standard
of weights and measures;
179 CONSTITUTION OF THE UNITED STATES Art. I § 9

To provide for the punishment of counterfeiting the securities and current coin of
the United States;
To establish post offices and post roads;
To promote the progress of science and useful arts, by securing for limited times to
authors and inventors the exclusive right to their respective writings and discoveries;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high seas, and offens-
es against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning cap-
tures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for
a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the Union, suppress
insurrections and repel invasions;
To provide for organizing, arming and disciplining the militia, and for governing
such part of them as may be employed in the service of the United States, reserving to
the states respectively the appointment of the officers and the authority of training the
militia according to the discipline prescribed by Congress;
To exercise exclusive legislation, in all cases whatsoever, over such district (not
exceeding ten miles square) as may, by cession of particular states, and the acceptance
of Congress, become the seat of the government of the United States, and to exercise
like authority over all places purchased by the consent of the legislature of the state in
which the same shall be, for the erection of forts, magazines, arsenals, dock yards, and
other needful buildings; and
To make all laws which shall be necessary and proper for carrying into execution
the foregoing powers, and all other powers vested by this constitution in the govern-
ment of the United States, or in any department or officer thereof.
Section 9. Habeas corpus—taxes.—The migration or importation of such persons
as any of the states now existing shall think proper to admit, shall not be prohibited by
the Congress prior to the year one thousand eight hundred and eight, but a tax or duty
may be imposed on such importation not exceeding ten dollars for each person.
The privilege of the writ of habeas corpus shall not be suspended unless when in
cases of rebellion or invasion the public safety may require it.
No bill of attainder or ex post facto law shall be passed.
No capitation or other direct tax shall be laid, unless in proportion to the census or
enumeration hereinbefore directed to be taken.
No tax or duty shall be laid on articles exported from any state. No preference shall
be given by any regulation of commerce or revenue to the ports of one state over those
of another; nor shall vessels bound to or from one state be obliged to enter, clear or pay
duties in another.
No money shall be drawn from the treasury but in consequence of appropriations
made by law; and a regular statement and account of the receipts and expenditures of
all public money shall be published from time to time.
No title of nobility shall be granted by the United States; and no person holding any
office of profit or trust under them shall, without the consent of the Congress, accept
of any present, emolument, office or title, of any kind whatever, from any king, prince
or foreign state.
Art. I § 10 CONSTITUTION OF THE UNITED STATES 180

Section 10. Powers denied to states.—No state shall enter into any treaty, alliance,
or confederation; grant letters of marque and reprisal; coin money; emit bills of credit;
make anything but gold and silver coin a tender in payment of debts; pass any bill of
attainder, ex post facto law, or law impairing the obligation of contracts, or grant any
title of nobility.
No state shall, without the consent of the Congress, lay any imposts or duties on
imports or exports, except what may be absolutely necessary for executing its inspec-
tion laws; and the net produce of all duties and imposts laid by any state on imports or
exports shall be for the use of the treasury of the United States; and all such laws shall
be subject to the revision and control of the Congress.
No state shall, without the consent of Congress, lay any duty of tonnage, keep troops
or ships of war in time of peace, enter into any agreement or compact with another
state, or with a foreign power, or engage in war, unless actually invaded, or in such
imminent danger as will not admit of delay.

ARTICLE II
THE EXECUTIVE DEPARTMENT
SECTION
1. Election of President and Vice-President.
2. Powers and duties of President.
3. Powers and duties of President, continued.
4. Impeachment.

Section 1. Election of President and Vice-President.—The executive power shall

be vested in a President of the United States of America. He shall hold his office dur-
ing the term of four years, and, together with the Vice-President, chosen for the same
term, be elected as follows:
Each state shall appoint, in such manner as the legislature thereof may direct, a num-
ber of electors, equal to the whole number of senators and representatives to which the
state may be entitled in the Congress; but no senator or representative, or person hold-
ing an office of trust or profit under the United States, shall be appointed an elector.
The electors shall meet in their respective states, and vote by ballot for two persons,
of whom one at least shall not be an inhabitant of the same state with themselves. And
they shall make a list of all the persons voted for, and of the number of votes for each;
which list they shall sign and certify, and transmit sealed to the seat of the government
of the United States, directed to the president of the Senate. The president of the Senate
shall, in the presence of the Senate and House of Representatives, open all the certifi-
cates, and the votes shall then be counted. The person having the greatest number of
votes shall be the President, if such number be a majority of the whole number of elec-
tors appointed; and if there be more than one who have such majority and have an equal
number of votes, then the House of Representatives shall immediately choose by ballot
one of them for President; and if no person have a majority, then from the five highest
on the list the said house shall in like manner choose the President. But in choosing the
President, the votes shall be taken by states, the representation from each state having
one vote; a quorum for this purpose shall consist of a member or members from two-
thirds of the states, and a majority of all the states shall be necessary to a choice. In
every case, after the choice of the President, the person having the greatest number of
votes of the electors shall be the Vice-President. But if there should remain two or more
who have equal votes, the Senate shall choose from them by ballot the Vice-President.
181 CONSTITUTION OF THE UNITED STATES Art. II § 4

The Congress may determine the time of choosing the electors, and the day on which
they shall give their votes; which day shall be the same throughout the United States.
No person, except a natural born citizen, or a citizen of the United States at the time
of the adoption of this constitution, shall be eligible to the office of President; neither
shall any person be eligible to that office who shall not have attained to the age of thir-
ty-five years, and been fourteen years a resident within the United States.
In case of the removal of the President from office, or of his death, resignation, or
inability to discharge the powers and duties of the said office, the same shall devolve
on the Vice-President, and the Congress may, by law, provide for the case of removal,
death, resignation, or inability, both of the President and Vice-President, declaring what
officer shall then act as President, and such officer shall act accordingly, until the dis-
ability be removed, or a President shall be elected. The President shall, at stated times,
receive for his services a compensation, which shall neither be increased nor dimin-
ished during the period for which he shall have been elected, and he shall not receive
within that period any other emolument from the United States, or any of them.
Before he enter on the execution of his office, he shall take the following oath or
affirmation:
“I do solemnly swear (or affirm) that I will faithfully execute the office of President
of the United States, and will, to the best of my ability, preserve, protect and defend the
Constitution of the United States.”
Section 2. Powers and duties of President.—The President shall be commander in
chief of the army and navy of the United States, and of the militia of the several states,
when called into the actual service of the United States; he may require the opinion, in
writing, of the principal officer in each of the executive departments, upon any subject
relating to the duties of their respective offices, and he shall have power to grant
reprieves and pardons for offenses against the United States, except in cases of
impeachment. He shall have power, by and with the advice and consent of the Senate,
to make treaties, provided two-thirds of the senators present concur; and he shall nom-
inate, and, by and with the advice and consent of the Senate, shall appoint ambassa-
dors, other public ministers and consuls, judges of the Supreme Court, and all other
officers of the United States whose appointments are not herein otherwise provided for,
and which shall be established by law; but the Congress may, by law, vest the appoint-
ment of such inferior officers, as they think proper, in the President alone, in the courts
of law, or in the heads of departments.
The President shall have power to fill up all vacancies that may happen during the
recess of the Senate, by granting commissions, which shall expire at the end of their
next session.
Section 3. Powers and duties of President, continued.—He shall, from time to
time, give to the Congress information of the state of the Union, and recommend to
their consideration such measures as he shall judge necessary and expedient; he may,
on extraordinary occasions, convene both houses, or either of them, and in case of dis-
agreement between them, with respect to the time of adjournment, he may adjourn
them to such time as he shall think proper; he shall receive ambassadors and other pub-
lic ministers; he shall take care that the laws be faithfully executed and shall commis-
sion all the officers of the United States.
Section 4. Impeachment.—The President, Vice-President, and all civil officers of
the United States, shall be removed from office on impeachment for and conviction of
treason, bribery, or other high crimes and misdemeanors.
Art. III CONSTITUTION OF THE UNITED STATES 182

ARTICLE III
THE JUDICIAL DEPARTMENT
SECTION
1. Judicial power—compensation—tenure.
2. Extent of judicial power.
3. Treason against the United States.

Section 1. Judicial power—compensation—tenure.—The judicial power of the

United States shall be vested in one Supreme Court, and in such inferior courts as the
Congress may from time to time ordain and establish. The judges, both of the supreme
and inferior courts, shall hold their offices during good behavior, and shall, at stated
times, receive for their services a compensation, which shall not be diminished during
their continuance in office.
Section 2. Extent of judicial power.—The judicial power shall extend to all cases,
in law and equity, arising under this constitution, the laws of the United States, and
treaties made or which shall be made under their authority; to all cases affecting
ambassadors, other public ministers, and consuls; to all cases of admiralty and mar-
itime jurisdiction; to controversies to which the United States shall be a party; to con-
troversies between two or more states; between a state and citizens of another state;
between citizens of different states; between citizens of the same state claiming lands
under grants of different states, and between a state, or the citizens thereof, and foreign
states, citizens or subjects.
In all cases affecting ambassadors, other public ministers and consuls, and those in
which a state shall be party, the Supreme Court shall have original jurisdiction. In all
the other cases before mentioned the Supreme Court shall have appellate jurisdiction,
both as to law and fact, with such exceptions and under such regulations as the
Congress shall make.
The trial of all crimes, except in cases of impeachment, shall be by jury; and such
trial shall be held in the state where the said crimes shall have been committed; but
when not committed within any state, the trial shall be at such place or places as the
Congress may by law have directed.
Section 3. Treason against the United States.—Treason against the United States
shall consist only in levying war against them, or in adhering to their enemies, giving
them aid and comfort. No person shall be convicted of treason unless on the testimo-
ny of two witnesses to the same overt act, or on confession in open court.
The Congress shall have power to declare the punishment of treason, but no attain-
der of treason shall work corruption of blood, or forfeiture except during the life of the
person attainted.

ARTICLE IV
STATES AND TERRITORIES
SECTION
1. Records and judicial proceedings of sister states.
2. Privileges and immunities of citizens of the several states.
3. Admission of new states.
4. Republican form of government guaranteed.

Section 1. Records and judicial proceedings of sister states.—Full faith and cred-
it shall be given in each state to the public acts, records and judicial proceedings of
183 CONSTITUTION OF THE UNITED STATES Art. VI

every other state. And the Congress may by general law prescribe the manner in which
such acts, records and proceedings shall be proved, and the effect thereof.
Section 2. Privileges and immunities of citizens of the several states.—The citi-
zens of each state shall be entitled to all privileges and immunities of citizens in the
several states.
A person charged in any state with treason, felony or other crime, who shall flee
from justice and be found in another state, shall, on demand of the executive authority
of the state from which he fled, be delivered up to be removed to the state having juris-
diction of the crime.
No person held to service or labor in one state, under the laws thereof, escaping into
another, shall, in consequence of any law or regulation therein, be discharged from
such service or labor, but shall be delivered up on claim of the party to whom such serv-
ice or labor may be due.
Section 3. Admission of new states.—New states may be admitted by the Congress
into this Union; but no new state shall be formed or erected within the jurisdiction of any
other state, nor any state be formed by the junction of two or more states or parts of states,
without the consent of the legislatures of the states concerned as well as of the Congress.
The Congress shall have power to dispose of and make all needful rules and regula-
tions respecting the territory or other property belonging to the United States; and noth-
ing in this constitution shall be so construed as to prejudice any claims of the United
States or of any particular state.
Section 4. Republican form of government guaranteed.—The United States shall
guarantee to every state in this Union a republican form of government, and shall pro-
tect each of them against invasion, and, on application of the legislature or of the exec-
utive (when the legislature cannot be convened), against domestic violence.

ARTICLE V
AMENDMENTS TO CONSTITUTION
The Congress, whenever two-thirds of both houses shall deem it necessary, shall
propose amendments to this constitution, or, on the application of the legislatures of
two-thirds of the several states, shall call a convention for proposing amendments,
which in either case shall be valid to all intents and purposes as part of this constitu-
tion, when ratified by the legislatures of three-fourths of the several states, or by con-
ventions in three-fourths thereof, as the one or the other mode of ratification may be
proposed by the Congress; provided, that no amendment which may be made prior to
the year one thousand eight hundred and eight shall in any manner affect the first and
fourth clauses in the ninth section of the first article; and that no state, without its con-
sent, shall be deprived of its equal suffrage in the Senate.

ARTICLE VI
MISCELLANEOUS PROVISIONS
All debts contracted and engagements entered into before the adoption of this con-
stitution shall be as valid against the United States under this constitution as under the
confederation.
Art. VII CONSTITUTION OF THE UNITED STATES 184

This constitution, and the laws of the United States which shall be made in pur-
suance thereof, and all treaties made or which shall be made under the authority of the
United States, shall be the supreme law of the land; and the judges in every state shall
be bound thereby, anything in the constitution or laws of any state to the contrary
notwithstanding.
The senators and representatives before mentioned, and the members of the several
state legislatures, and all executive and judicial officers, both of the United States and
of the several states, shall be bound, by oath or affirmation, to support this constitution;
but no religious test shall ever be required as a qualification to any office or public trust
under the United States.

ARTICLE VII
RATIFICATION
The ratification of the conventions of nine states shall be sufficient for the establish-
ment of this constitution between the states so ratifying the same.
 AMENDMENTS
to the
UNITED STATES CONSTITUTION
__________
1. Religious liberty—freedom of speech—right of petition.
2. Right to bear arms.
3. Quartering of soliders.
4. Searches and seizures regulated.
5. Rights of persons accused of crime—right of property.
6. Criminal prosecutions—speedy trial.
7. Trial by jury in civil actions.
8. Excessive bail prohibited.
9. Rights retained by the people.
10. Powers reserved to the state or people.
11. Limitation of judicial power.
12. Election of President and Vice-President.
13. Slavery prohibited.
14. Rights of citizens—due process of law—equal protection of the laws.
15. Elective franchise.
16. Income tax.
17. Election of senators.
18. Prohibition.
19. Right of citizens to vote.
20. Terms of President, Vice-President, senators and representatives—meeting of Congress—presidential succession.
21. Repeal of 18th amendment.
22. President, term, limitation.
23. Electors, District of Columbia.
24. Poll tax not to affect voting.
25. Presidency succession—incapacity, determination of.
26. Age of voters.
27. Compensation—Senators and Representatives.

185
Amdt. I CONSTITUTION OF THE UNITED STATES 186

AMENDMENT I
Congress shall make no law respecting an establishment of religion, or prohibiting
the free exercise thereof; or abridging the freedom of speech, or of the press, or the
right of the people peaceably to assemble, and to petition the government for a redress
of grievances.

AMENDMENT II
A well-regulated militia being necessary to the security of a free state, the right of
the people to keep and bear arms shall not be infringed.

AMENDMENT III
No soldier shall, in time of peace, be quartered in any house without the consent of
the owner, nor in time of war but in a manner to be prescribed by law.

AMENDMENT IV
The right of the people to be secure in their persons, houses, papers and effects
against unreasonable searches and seizures shall not be violated, and no warrants shall
issue but upon probable cause, supported by oath or affirmation, and particularly
describing the place to be searched, and the persons or things to be seized.

AMENDMENT V
No person shall be held to answer for a capital or otherwise infamous crime unless
on a presentment or indictment of a grand jury, except in cases arising in the land or
naval forces, or in the militia, when in actual service in time of war or public danger;
nor shall any person be subject for the same offense to be twice put in jeopardy of life
or limb; nor shall be compelled in any criminal case to be a witness against himself,
nor be deprived of life, liberty or property without due process of law; nor shall private
property be taken for public use without just compensation.

AMENDMENT VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and pub-
lic trial by an impartial jury of the state and district wherein the crime shall have been
committed, which district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to be confronted with the witness-
es against him; to have compulsory process for obtaining witnesses in his favor, and to
have the assistance of counsel for his defense.
187 CONSTITUTION OF THE UNITED STATES Amdt. XII

AMENDMENT VII
In suits at common law where the value in controversy shall exceed twenty dollars, the
right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-
examined in any court of the United States, than according to the rules of common law.

AMENDMENT VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.

AMENDMENT IX
The enumeration in the constitution of certain rights shall not be construed to deny
or disparage others retained by the people.

AMENDMENT X
The powers not delegated to the United States by the constitution, nor prohibited by
it to the states, are reserved to the states respectively, or to the people.

AMENDMENT XI
The judicial power of the United States shall not be construed to extend to any suit
in law or equity commenced or prosecuted against one of the United States by citizens
of another state, or by citizens or subjects of any foreign state.

AMENDMENT XII
The electors shall meet in their respective states and vote by ballot for President and
Vice-President, one of whom, at least, shall not be an inhabitant of the same state with
themselves; they shall name in their ballots the person voted for as President, and in
distinct ballots the person voted for as Vice-President, and they shall make distinct lists
of all persons voted for as President, and of all persons voted for as Vice-President, and
of the number of votes for each, which list they shall sign and certify, and transmit
sealed to the seat of the government of the United States, directed to the president of
the Senate; the president of the Senate shall, in presence of Senate and House of
Representatives, open all the certificates, and the votes shall then be counted; the per-
son having the greatest number of votes for President shall be the President, if such
number be a majority of the whole number of electors appointed; and if no person have
such majority, then from the persons having the highest number not exceeding three on
the list of those voted for as President, the House of Representatives shall choose
immediately, by ballot, the President. But in choosing the President, the votes shall be
taken by states, the representation from each state having one vote; a quorum for this
purpose shall consist of a member or members from two-thirds of the states, and a
majority of all the states shall be necessary to a choice. And if the House of Represen-
Amdt. XIII CONSTITUTION OF THE UNITED STATES 188

tatives shall not choose a President whenever the right of choice shall devolve upon
them before the fourth day of March next following, then the Vice-President shall act
as President, as in the case of the death or other constitutional disability of the
President. The person having the greatest number of votes as Vice-President shall be
the Vice-President, if such number be a majority of the whole number of electors
appointed, and if no person have a majority, then from the two highest numbers on the
list of the Senate shall choose the Vice-President; a quorum for the purpose shall con-
sist of two-thirds of the whole number of senators, and a majority of the whole num-
ber shall be necessary to a choice. But no person constitutionally ineligible to the office
of President shall be eligible to that of Vice-President of the United States.

AMENDMENT XIII
Section 1. Neither slavery nor involuntary servitude, except as a punishment for
crime, whereof the party shall have been duly convicted, shall exist within the United
States or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XIV
Section 1. All persons born or naturalized in the United States and subject to the
jurisdiction thereof are citizens of the United States and of the state wherein they
reside. No state shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States, nor shall any state deprive any person of
life, liberty or property without due process of law, nor deny to any person within its
jurisdiction the equal protection of the laws.
Section 2. Representatives shall be apportioned among the several states according
to their respective numbers, counting the whole number of persons in each state,
excluding Indians not taxed. But when the right to vote at any election for the choice
of electors for President and Vice-President of the United States, representatives in
Congress, the executive and judicial officers of a state, or the members of the legisla-
ture thereof, is denied to any of the male inhabitants of such state, being twenty-one
years of age and citizens of the United States, or in any way abridged, except for par-
ticipation in rebellion or other crime, the basis of representation therein shall be
reduced in the proportion which the number of such male citizens shall bear to the
whole number of male citizens twenty-one years of age in such state.
Section 3. No person shall be a senator or representative in Congress, or elector of
President and Vice-President, or hold any office, civil or military, under the United
States or under any state, who, having previously taken an oath as a member of
Congress, or as an officer of the United States, or as a member of any state legislature,
or as an executive or judicial officer of any state, to support the Constitution of the
United States, shall have engaged in insurrection or rebellion against the same, or given
aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of
each house, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law,
including debts incurred for payment of pensions and bounties for services in suppress-
189 CONSTITUTION OF THE UNITED STATES Amdt. XIX

ing insurrection or rebellion, shall not be questioned. But neither the United States nor
any state shall assume or pay any debt or obligation incurred in aid of insurrection or
rebellion against the United States, or any claim for the loss or emancipation of any
slave, but all such debts, obligations and claims shall be held illegal and void.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the
provisions of this article.

AMENDMENT XV
Section 1. The rights of citizens of the United States to vote shall not be denied or
abridged by the United States, or by any state, on account of race, color, or previous
condition of servitude.
Section 2. The Congress shall have power to enforce this article by appropriate leg-
islation.

AMENDMENT XVI
The Congress shall have power to lay and collect taxes on incomes, from whatever
source derived, without apportionment among the several states, and without regard to
any census or enumeration.

AMENDMENT XVII
The Senate of the United States shall be composed of two senators from each state,
elected by the people thereof, for six years; and each senator shall have one vote. The
electors in each state shall have the qualifications requisite for electors of the most
numerous branch of the state legislatures.
When vacancies happen in the representation of any state in the Senate, the execu-
tive authority of such state shall issue writs of election to fill such vacancies; provided,
that the legislature of any state may empower the executive thereof to make temporary
appointments until the people fill the vacancies by election as the legislature may
direct.
This amendment shall not be so construed as to affect the election or term of any
senator chosen before it becomes valid as part of the constitution.

AMENDMENT XVIII
(Repealed. See Amendment XXI.)

AMENDMENT XIX
Section 1. The right of citizens of the United States to vote shall not be denied or
abridged by the United States, or by any state, on account of sex.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
Amdt. XX CONSTITUTION OF THE UNITED STATES 190

AMENDMENT XX
Section 1. The terms of the President and Vice President shall end at noon on the
20th day of January, and the terms of senators and representatives at noon on the 3d of
January, of the years in which such terms would have ended if this article had not been
ratified; and the terms of their successors shall then begin.
Section 2. The Congress shall assemble at least once in every year, and such meet-
ing shall begin at noon on the 3d day of January, unless they shall by law appoint a dif-
ferent day.
Section 3. If, at the time fixed for the beginning of the term of the President, the
President-elect shall have died, the Vice President-elect shall become President. If a
President shall not have been chosen before the time fixed for the beginning of his
term, or if the President-elect shall have failed to qualifty, then the Vice President-elect
shall act as President until a President shall have qualified; and the Congress may by
law provide for the case wherein neither a President-elect nor a Vice President-elect
shall have qualified, declaring who shall then act as President, or the manner in which
one who is to act shall be selected, and such person shall act accordingly until a
President or Vice President shall have qualified.
Section 4. The Congress may by law provide for the case of the death of any of the
persons from whom the House of Representatives may choose a President whenever
the right of choice shall have devolved upon them, and for the case of the death of any
of the persons from whom the Senate may choose a Vice President whenever the right
of choice shall have devolved upon them.
Section 5. Sections 1 and 2 shall take effect on the 15th day of October following
the ratification of this article.
Section 6. This article shall be inoperative unless it shall have been ratified as an
amendment to the constitution by the legislatures of three-fourths of the several states
within seven years from the date of its submission.

AMENDMENT XXI
Section 1. The eighteenth article of amendment to the Constitution of the United
States is hereby repealed.
Section 2. The transportation or importation into any state, territory, or possession
of the United States for delivery or use therein of intoxicating liquors, in violation of
the laws thereof, is hereby prohibited.
Section 3. This article shall be inoperative unless it shall have been ratified as an
amendment to the constitution by conventions in the several states, as provided in the
constitution, within seven years from the date of the submission hereof to the states by
the Congress.

AMENDMENT XXII
No person shall be elected to the office of the President more than twice, and no per-
son who has held the office of President, or acted as President, for more than two years
191 CONSTITUTION OF THE UNITED STATES Amdt. XXV § 3

of a term to which some other person was elected President shall be elected to the
office of the President more than once. But this Article shall not apply to any person
holding the office of President when this Article was proposed by the Congress, and
shall not prevent any person who may be holding the office of President, or acting as
President, during the term within which this Article becomes operative from holding
the office of President or acting as President during the remainder of such term.
(Adopted March 1, 1951)

AMENDMENT XXIII
Section 1. The District constituting the seat of Government of the United States
shall appoint in such manner as the Congress may direct:
A number of electors of President and Vice President equal to the whole number of
Senators and Representatives in Congress to which the District would be entitled if it were
a state, but in no event more than the least populous State; they shall be in addition to those
appointed by the States, but they shall be considered, for the purposes of the election of
President and Vice President, to be electors appointed by a State; and they shall meet in the
District and perform such duties as provided by the twelfth article of amendment.
Section 2. The Congress shall have power to enforce this article by appropriate leg-
islation.
(Adopted April 3, 1961)

AMENDMENT XXIV
Section 1. The right of citizens of the United States to vote in any primary or other
election for President or Vice President, for electors for President or Vice President, or
for Senator or Representative in Congress, shall not be denied or abridged by the
United States or any State by reason of failure to pay any poll tax or other tax.
Section 2. The Congress shall have power to enforce this article by appropriate leg-
islation.
(Adopted February 4, 1964)

AMENDMENT XXV
Section 1. In case of the removal of the President from office or of his death or res-
ignation, the Vice President shall become President.
Section 2. Whenever there is a vacancy in the office of the Vice President, the
President shall nominate a Vice President who shall take office upon confirmation by
a majority vote of both Houses of Congress.
Section 3. Whenever the President transmits to the President pro tempore of the
Senate and the Speaker of the House of Representatives his written declaration that he
is unable to discharge the powers and duties of his office, and until he transmits to them
a written declaration to the contrary, such powers and duties shall be discharged by the
Vice President as Acting President.
Amdt. XXV § 4 CONSTITUTION OF THE UNITED STATES 192

Section 4. Whenever the Vice President and a majority of either the principal offi-
cers of the executive departments or of such other body as Congress may by law pro-
vide, transmit to the President pro tempore of the Senate and the Speaker of the House
of Representatives their written declaration that the President is unable to discharge the
powers and duties of his office, the Vice President shall immediately assume the pow-
ers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate
and the Speaker of the House of Representatives his written declaration that no inabil-
ity exists, he shall resume the powers and duties of his office unless the Vice President
and a majority of either the principal officers of the executive department or of such
other body as Congress may by law provide, transmit within four days to the President
pro tempore of the Senate and the Speaker of the House of Representatives their writ-
ten declaration that the President is unable to discharge the powers and duties of his
office. Thereupon Congress shall decide the issue, assembling within forty-eight hours
for that purpose if not in session. If the Congress, within twenty-one days after receipt
of the latter written declaration, or, if Congress is not in session, within twenty-one
days after Congress is required to assemble, determines by two-thirds vote of both
Houses that the President is unable to discharge the powers and duties of his office, the
Vice-President shall continue to discharge the same as Acting President; otherwise, the
President shall resume the powers and duties of his office.
(Adopted February 23, 1967)

AMENDMENT XXVI
Section 1. The right of citizens of the United States, who are eighteen years of age
or older, to vote shall not be denied or abridged by the United States or by any state on
account of age.
Section 2. The Congress shall have power to enforce this article by appropriate leg-
islation.
(Adopted June 30, 1971)

AMENDMENT XXVII
No law, varying the compensation for the services of the Senators and
Representatives, shall take effect, until an election of Representatives shall have inter-
vened.
(Adopted May 18, 1992)