Minimum wage initiative (Missouri)

An amendment to the Missouri Constitution giving cities and counties the right to raise the minimum wage above the state minimum wage.

In 2015 the cities of Kansas City and St. Louis passed legislation increasing the minimum wage above the level mandated by the state of Missouri.  In response, the General Assembly in Missouri passed a law in 2015 prohibiting cities from doing that and the increases in the minimum wage did not go into effect.

This ballot initiative amends Article III, Section 39 of the Missouri Constitution, which is the section that lists limits to the powers of the General Assembly.  The language added at the end of the list (number 11) is that “The general assembly shall not have power: To prohibit, restrict, limit, or impair, by existing or future law or ordinance of the state, the right of any county, city, town, or village, to establish, mandate or require an employer to provide to an employee a minimum wage rate or employment benefit that exceeds the requirements of federal or state laws, rules, or regulations.”

This petition has been approved for circulation by the Secretary of State.  If enough signatures are gathered by May 3, 2020, it will appear on the ballot in Missouri on November 3, 2020.  If approved by voters, it will become law 30 days later.

This is the exact text of this initiative petition.  Everything except the underlined text is already in the Missouri Constitution.  The underlined text at the end (number 11) is what is being added to the constitution.):

Be it resolved by the people of the state of Missouri that the Constitution be amended:

Article III of the Constitution is revised by amending Section 39 to read as follows:

Section 39. 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;

(5) To release or extinguish or to authorize the releasing or extinguishing, in whole or in part, without consideration, the indebtedness, liability or obligation of any corporation or individual due this state or any county or municipal corporation;

(6) To make any appropriation of money for the payment, or on account of or in recognition of any claims audited or that may hereafter be audited by virtue of an act entitled “An Act to Audit and Adjust the War Debts of the State,” approved March 19, 1874, or any act of a similar nature, until the claim so audited shall have been presented to and paid by the government of the United States to this state;

(7) To act, when convened in extra session by the governor, upon subjects other than those specially designated in the proclamation calling said session or recommended by special message to the general assembly after the convening of an extra session;

(8) To remove the seat of government from the City of Jefferson;

(9) Except as otherwise provided in section 39(b), section 39(c), section 39(e) or section 39(f) of this article, to authorize lotteries or gift enterprises for any purpose, and shall enact laws to prohibit the sale of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery; except that, nothing in this section shall be so construed as to prevent or prohibit citizens of this state from participating in games or contests of skill or chance where no consideration is required to be given for the privilege or opportunity of participating or for receiving the award or prize and the term “lottery or gift enterprise” shall mean only those games or contests whereby money or something of value is exchanged directly for the ticket or chance to participate in the game or contest. The general assembly may, by law, provide standards and conditions to regulate or guarantee the awarding of prizes provided for in such games or contests under the provision of this subdivision;

(10) To impose a use or sales tax upon the use, purchase or acquisition of property paid for out of the funds of any county or other political subdivision.

(11)  To prohibit, restrict, limit, or impair, by existing or future law or ordinance of the state, the right of any county, city, town, or village, to establish, mandate or require an employer to provide to an employee a minimum wage rate or employment benefit that exceeds the requirements of federal or state laws, rules, or regulations.