Counties may be exempted from provisions of section 578.100, procedure
Some counties and areas in Missouri can vote to opt out of a certain state law (section 578.100). To get the vote on the ballot, either the county's governing body agrees to put it there, or enough registered voters sign a petition — equal to 8% of votes cast in the last governor's election. If a majority of voters vote yes, that county or area is exempt from that law. For a larger 'area' made up of multiple counties and a city, all parts must vote at the same time, and a majority of all votes across the whole area must be in favor.
578.110. Counties may be ed from of section 578.100, procedure. — 1. As used in this section, the term "area" includes all cities not within a county, all first class counties having a and adjoining such cities not within a county and all first class counties which adjoin such first class counties having a charter form of government and adjoining cities not within a county; and the term "county" means any county of this state not within an area.
2. In addition to the counties which may exempt themselves from the of section 578.100, under the provisions of section 578.100 or section 578.105, any other county or area may also exempt itself from the application of section 578.100 by a vote of the of the county or area; provided that, before any area may so exempt itself from the provisions of section 578.100, the qualified voters of each and each county within such area shall vote on the proposal for from the provisions of section 578.100 at the same and a majority of the total votes cast in such area shall be in favor of the proposal before either such city or any of such counties may be exempted from the provisions of section 578.100.
3. In to exempt itself from the provisions of section 578.100, the county or area shall submit the to the voters of the county or area at any election, and the proposition shall receive a majority of the votes cast. The proposition to exempt the county from the provisions of section 578.100 shall be submitted to the voters of the county upon a majority vote of the of the county or when a requesting the of the proposition to the voters and signed by a number of voters residing in the county equal to eight percent of the votes cast in the county in the next preceding is filed with the governing body of the county. When a petition signed by a number of registered voters residing in the area equal to eight percent of the votes cast in the area in the next preceding gubernatorial election requesting the submission of a proposition to exempt the area from the provisions of section 578.100 is filed with each of the governing bodies of the area, the proposition shall be submitted to the voters of the area. The shall contain, but need not be limited to, the following language:
Tap any gold-underlined word to see what it means.
Red section numbers link to that law.
Source & history notes
(L. 1979 H.B. 56 § 1) Revisor's Note: Electors in the following counties have voted to exempt those counties from the provisions of section 578.100 (Sunday Sales Law) and have filed the results on the date indicated: (1980) Portions of statute providing procedure for exemption from "Sunday Sales Law" which treated first class counties by "area" were unconstitutional in that they treated first class counties in an "area" differently from a first class county not in an "area" and not covered by special legislation applicable to other first class counties. Gramex Corp. v. Von Romer (Mo.), 603 S.W.2d 521. (1980) After eliminating unconstitutional "area" method of exemption remainder of statute was severable and valid. Gramex Corp. v. Von Romer (Mo.), 603 S.W.2d 521.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.