VOTERS TO DECIDE AMENDMENT APRIL 4

When voters go to the polls April 4 for annual municipal and school elections across Missouri, they also will vote on an amendment to the state constitution.

The amendment was placed on the ballot following quick legislative action earlier this year in response to a Missouri Supreme Court decision that cast a cloud over more than 500 laws enacted over the years to help local areas.

Proponents say that unless the constitution is changed, these special laws could be selectively challenged by lawsuits.

The Missouri Constitution requires laws affecting one class of counties to be applied to all counties within that classification. However, for years the state Supreme Court has interpreted this provision to allow the Legislature to create subclassifications for the purpose of addressing special needs of cities and counties.

But last year, a law enacted by using a population subclassification approach, was ruled unconstitutional in Ellisville v. St. Louis Boundary Commission.

Senate President James Mathewson warned if that precedent were to prevail in future challenges, it could overturn hundreds of laws.

"These laws were enacted in response to requests from specific counties to meet special needs within those counties," Mathewson explained. "They include laws regulating local taxation powers, elections, welfare boards, county officials, liquor sales, courts, road and sewer districts, tourism, law enforcement, fire protection and other issues directly affecting citizens at the local level."

Many of the special laws and taxes authorized by the Legislature were put into effect by local votes.

Mathewson warned that the laws related to taxation, if ultimately found to be unconstitutional, could mean paying refunds back three years, even though the taxes were enacted by local vote.

Not only will the amendment protect the constitutionality of laws already passed, but it will also enable the General Assembly to continue addressing special local needs.

In one way or another, this could affect every county, said Rep. Larry Thomason, D-Kennett.

Thomason said it would be chaotic if all the special laws that had been passed were subject to legal challenges.

Cape Girardeau County Auditor H. Weldon Macke, a longtime member of the Missouri Association of Counties, said the amendment is needed to clarify the situation.

"My feeling is, if we don't want a whole bunch of lawsuits out there, we had better pass this," Macke said. "There are many things done over the years that might be constitutionally wrong."

Thomason said much of the special legislation is introduced to deal with problems unique to an area.

For example, farmers in most parts of the state do not have a problem with musk thistle, however, farmers in the northwest part of the state do.

So, legislation was passed to allow counties to have a program to deal with the problem, but it was limited to only about a half dozen counties.

State laws can't mention cities and counties specifically for special legislation, however, counties that qualify are defined in such a way that only those having the problem are included.

Usually, population is one of the defining characteristics.

Mathewson said the measure would ensure the constitutionality of laws already enacted and ensures the Legislature can continue to help meet local needs by subclassifying counties according to population.

A simple majority is required for passage.

Constitutional amendment

The Missouri Constitution now makes any law applying to one city or county equally applicable to all cities or counties.

On April 4, voters will consider an amendment to the consitution that would change that.

The proposed amendment would allow for laws that address specific issues or problems in cities and counties.

The amendment also would enable the General Assembly to continue addressing special local needs.