143.107. Effective date of sections 143.105 and 143.106--contingency--expiration of other sections. - Missouri Statutes

Effective date of sections 143.105 and143.106--contingency--expiration of other sections.

143.107. 1. Sections 143.105 and 143.106 shall becomeeffective only if the question prescribed in subsection 2 of thissection is submitted to a statewide vote and a majority of thequalified voters voting on the issue approve such question, andnot otherwise.

2. If* the supreme court of Missouri does not affirm inwhole or in part the decision in the case of COMMITTEE FOREDUCATION EQUALITY, et al., v. STATE OF MISSOURI, et al., No.CV 190-1371CC, and LEE'S SUMMIT SCHOOL DISTRICT R-VII, et al., v.STATE OF MISSOURI, et al., No. CV 190-510CC, a statewide electionshall be held on the first regularly scheduled statewide electiondate after such a ruling at which an election can be heldpursuant to chapter 115, RSMo. At such election the qualifiedvoters of this state shall vote on the question of whether thetaxes prescribed in sections 143.105 and 143.106 shall be appliedto all taxable years beginning on or after the date of suchelection and not otherwise. If the voters approve such question,sections 160.500 to 160.538, sections 160.545 and 160.550,sections 161.099 and 161.610, RSMo, sections 162.203 and162.1010, RSMo, section 163.023, RSMo, sections 166.275 and166.300, RSMo, section 170.254, RSMo, section 173.750, RSMo, andsections 178.585 and 178.698, RSMo, shall expire thirty daysafter certification of the results of the election.

(L. 1993 S.B. 380 §§ C, D)

*Word "in" appears in original rolls.

(1996) Contingent referendum provision was an unconstitutional delegation of legislative authority thereby making this section void. Akin v. Director of Revenue, 934 S.W.2d 295 (Mo.banc).