Voters facing seven initiatives
When St. Francois County voters go to the polls Tuesday, they will not only be deciding the candidates who will be filling a number of county offices, but will also be considering seven statewide initiatives that cover a wide range of subjects.
They include 1) lobbying laws, campaign finance limits and the legislative redistricting process; 2) the management and advertising of Bingo games; 3) increasing the minimum wage; 4) increasing the gas tax; and 5-7) three initiatives, any of which would legalize the medicinal use of marijuana in the state.
Regarding the three marijuana initiatives, if two conflicting constitutional amendments, such as Amendment 2 and Amendment 3, are approved, the one receiving the most affirmative votes prevails. State law provides a protocol for when voters approve statutes, such as Proposition C, and amendments, such as Amendment 2 and Amendment 3, that are in conflict. Speaking to a similar issue regarding tobacco tax initiatives in 2016, the attorney general’s office said the issue would need to be decided in court.
Following are the initiatives as they will appear on Tuesday’s ballot, followed by an overview describing what a “yes” vote on each will mean for Missouri residents. Specifics about the ballot language and information for the synopsis of each is courtesy of the State of Missouri’s website.
Amendment 1
Proposed by Initiative Petition
Ballot Language
Shall the Missouri Constitution be amended to: change process and criteria for redrawing state legislative districts during reapportionment; change limits on campaign contributions that candidates for state legislature can accept from individuals or entities; establish a limit on gifts that state legislators, and their employees, can accept from paid lobbyists; prohibit state legislators, and their employees, from serving as paid lobbyists for a period of time; prohibit political fundraising by candidates for or members of the state legislature on State property; and require legislative records and proceedings to be open to the public?
Voting Options
A “yes” vote supports this constitutional amendment to make changes to the state’s lobbying laws, campaign finance limits for state legislative candidates and legislative redistricting process.
A “no” vote opposes this constitutional amendment to make changes to the state’s lobbying laws, campaign finance limits for state legislative candidates and legislative redistricting process.
What Does It Mean?
If passed, the initiative will amend the Missouri Constitution to change the process and criteria for redrawing state legislative district boundaries during reapportionment (redistricting). Currently, bipartisan house and senate commissions redraw boundaries and those maps are adopted if 70 percent of the commissioners approve the maps. This amendment has a state demographer chosen from a panel selected by the state auditor redraw the boundaries and submit those maps to the house and senate commissions. This amendment would then allow changes to the demographer’s maps only if 70 percent of the commissioners vote to make changes and do so within two months after receiving the maps from the state demographer.
The amendment also reduces the limits on campaign contributions that candidates for state senator or state representative can accept from individuals or entities by $100 per election for a senate candidate and $500 for a house candidate. The amendment creates a $5 limit on gifts that state legislators and their employees can accept from paid lobbyists or the lobbyists’ clients and prohibits state legislators and their employees from serving as paid lobbyists for a period of two years after the end of their last legislative session.
The amendment prohibits political fundraising by candidates for or members of the state legislature on State property. The amendment further requires all legislative records and proceedings to be subject to the state open meetings and records law (Missouri Sunshine Law).
If passed, this measure will have no impact on taxes.
Amendment 2
Proposed by Initiative Petition
Ballot Language
Shall the Missouri Constitution be amended to: allow the use of marijuana for medicinal purposes, and create regulations and licensing/certification procedures for marijuana and marijuana facilities; impose a 4 percent tax on the retail sale of marijuana; and use funds from these taxes for health care services for military veterans by the Missouri Veterans Commission and to administer the program to license/certify and regulate marijuana and marijuana facilities?
This proposal is estimated to generate annual taxes and fees of $18 million for state operating costs and veterans programs, and $6 million for local governments. Annual state operating costs are estimated to be $7 million.
Voting Options
A “yes” vote supports this constitutional amendment to legalize marijuana for medical purposes; tax marijuana sales at 4 percent; and spend tax revenue on healthcare services for veterans.
A “no” vote opposes this constitutional amendment to legalize marijuana for medical purposes; tax marijuana sales at 4 percent; and spend tax revenue on healthcare services for veterans.
What Does It Mean?
A “yes” vote will amend the Missouri Constitution to allow the use of marijuana for medical purposes under state laws. This amendment does not change federal law, which makes marijuana possession, sale and cultivation a federal offense. This amendment creates regulations and licensing procedures for medical marijuana and medical marijuana facilities — dispensary, cultivation, testing and marijuana-infused product manufacturing facilities. This amendment creates licensing fees for such facilities.
This amendment will impose a 4 percent tax on the retail sale of marijuana for medical purposes by dispensary facilities. The funds from the license fees and tax will be used by the Missouri Veterans Commission for health and care services for military veterans, and by the Department of Health and Senior Services to administer the program to license/certify and regulate marijuana and marijuana facilities.
Amendment 3
Proposed by Initiative Petition
Ballot Language
Shall the Missouri Constitution be amended to: allow the use of marijuana for medicinal purposes, and create regulations and licensing procedures for marijuana and marijuana facilities; impose a 15 percent tax on the retail sale of marijuana, and a tax on the wholesale sale of marijuana flowers and leaves per dry-weight ounce to licensed facilities; and use funds from these taxes to establish and fund a state research institute to conduct research with the purpose of developing cures and treatments for cancer and other incurable diseases or medical conditions?
This proposal is estimated to generate annual taxes and fees of $66 million. State governmental entities estimate initial implementation costs of $186,000 and increased annual operating costs of $500,000.
Voting Options
A “yes” vote supports this constitutional amendment to legalize marijuana for medical purposes; tax marijuana sales at 15 percent; and spend tax revenue on a Biomedical Research and Drug Development Institute.
A “no” vote opposes this constitutional amendment to legalize marijuana for medical purposes; tax marijuana sales at 15 percent; and spend tax revenue on a Biomedical Research and Drug Development Institute.
What Does It Mean?
If approved, the initiative will amend the Missouri Constitution to allow the use of marijuana for medical purposes under state laws. This amendment does not change federal law, which makes marijuana possession, sale and cultivation a federal offense. This amendment makes Brad Bradshaw (the contact person on this initiative petition) the research chairperson of a newly created research institute that is funded by fees and taxes on medical marijuana.
Brad Bradshaw will select the members of the board that will govern the research institute, which will issue regulations and licensing procedures for medical marijuana and medical marijuana facilities — dispensary, cultivation, and marijuana-infused product manufacturing facilities. This amendment creates licensing fees for such facilities.
The amendment imposes a 15 percent tax on the retail sale of marijuana for medical purposes by dispensary facilities and a tax on the wholesale sale of marijuana flowers and leaves by cultivation facilities. The funds generated by the license fees and taxes will be used by the research institute for licensing and regulating marijuana and marijuana facilities, land acquisition and development, and conducting research with the purpose of developing cures and treatments for cancer and other incurable diseases.
Amendment 4
Proposed by the 99th General Assembly (Second Regular Session) HJR 59
Ballot Language
Do you: want to amend the Missouri constitution to remove language limiting bingo game advertising that a court ruled unenforceable; and allow a member of a licensed organization conducting bingo games to participate in the management of bingo games after being a member of the organization for six months instead of the current two years?
State and local governmental entities estimate no costs or savings from this proposal.
Voting Options
A “yes” vote supports this amendment to lower the time required that someone is a member of an organization to manage a bingo game for that organization from two years to six months and remove the constitutional ban on organizations advertising bingo games.
A “no” vote opposes this amendment to lower the time required that someone is a member of an organization to manage a bingo game for that organization from two years to six months and remove the constitutional ban on organizations advertising bingo games.
What does it mean?
A “yes” vote will amend the Missouri Constitution to remove language limiting bingo game advertising that a court ruled was unconstitutional and not enforceable. This amendment would also allow a member of a licensed organization conducting bingo games to participate in the management of bingo games after being a member of the organization for six months. Currently, the constitution requires two years of membership.
Proposition B
State Statute
Ballot Language
Do you: want to amend Missouri law to increase the state minimum wage to $8.60 per hour with 85 cents per hour increase each year until 2013, when the state minimum wage would be $12 per hour; exempt government employers from the above increase; and increase the penalty for pay employees less than the minimum wage?
State and local governments estimate no direct costs or savings from the proposal, but operating costs could increase by an unknown annual amount that could be significant. State and local government tax revenue could change by an unknown annual amount ranging from a $2.9 million decrease to a $214 million increase depending on business decisions.
Voting Options
A “yes” vote supports increasing the state’s minimum wage each year until reaching $12 in 2023 and then making increases or decreases based on changes in the Consumer Price Index.
A “no” vote opposes increasing the state’s minimum wage each year until reaching $12 in 2023 and then making increases or decreases based on changes in the Consumer Price Index.
What Does It Mean?
If approved, Missouri statutes will be amended to increase the state minimum wage rate as follows: $8.60 per hour beginning Jan. 1, 2019; $9.45 per hour beginning Jan. 1, 2020; $10.30 per hour beginning Jan. 1, 2021; $11.15 per hour beginning Jan. 1, 2022; and $12 per hour beginning Jan. 1, 2023.
The amendment will exempt government employers from the above increases and will increase the penalty for paying employees less than the minimum wage. If passed, this measure will have no impact on taxes. As of 2018, the minimum wage in Missouri is $7.85 an hour.
Proposition C
Initiative Petition
Ballot Language
Do you want to amend Missouri law to: remove state prohibitions on personal use and possession of medical cannabis (marijuana) with a written certification by a physician who treats a patient diagnosed with a qualifying medical condition; remove state prohibitions on growth, possession, production, and sale of medical marijuana by licensed and regulated facilities, and a facility’s licensed owners and employees; impose a 2 percent tax on the retail sale of medical marijuana; and use funds from this tax for veterans’ services, drug treatment, early childhood education, and for public safety in cities with a medical marijuana facility?
State government entities estimate initial and one-time costs of $2.6 million, annual costs of $10 million, and annual revenues of at least $10 million. Local government entities estimate no annual costs and are expected to have at least $152,000 in annual revenues.
Voting Options
A “yes” vote will amend Missouri statutes to allow the use of marijuana for medical purposes under state laws.
A “no” vote will not amend Missouri statutes as to the use of marijuana.
What Does It Mean?
If passed, the initiative will amend Missouri statutes to allow the use of marijuana for medical purposes under state laws. This amendment does not change federal law, which makes marijuana possession, sale and cultivation a federal offense. This amendment creates regulations and licensing procedures for medical marijuana and medical marijuana facilities — dispensary, cultivation and production, and testing facilities.
This amendment creates licensing fees for such facilities. This amendment will impose a 2 percent tax on the retail sale of marijuana for medical purposes by dispensary facilities. The funds from the license fees will go to the Division of Liquor Control to administer the program to license/certify and regulate marijuana and marijuana facilities. The funds from the tax will be used for veterans’ services, drug treatment, early childhood education, and for public safety in cities with a medical marijuana facility. If passed, this measure will impose a 2 percent retail sales tax on marijuana for medical purposes.
Proposition D
Proposed by 99th General Assembly (Second Regular Session) SS 2 HB 1460
Ballot Language
Shall Missouri law be amended to fund Missouri state law enforcement by increasing the motor fuel tax by two-and-one-half cents per gallon annually for four years beginning July 1, 2019, exempt Special Olympic, Paralympic, and Olympic prizes from state taxes, and to establish the Emergency State Freight Bottleneck Fund?
If passed, this measure will generate at least $288 million annually to the State Road Fund to provide for the funding of Missouri state law enforcement and $123 million annually to local governments for road construction and maintenance.
Voting Options
A “yes” vote supports this measure to increase the gas tax by 10 cents per gallon, with revenue from the motor fuel tax increase dedicated to the state highway patrol; exempt prizes for Special Olympics, Paralympics, and Olympics from state taxes; and create a dedicated fund for certain road projects that reduce traffic bottlenecks that affect freight.
A “no” vote opposes this measure to increase the gas tax by 10 cents per gallon, thereby leaving the rate at $0.17; exempt Olympic prizes from state taxes; and create a dedicated fund for certain road projects that reduce traffic bottlenecks that affect freight.
What Does It Mean?
This measure would increase the gas tax by 10 cents per gallon for gasoline, diesel, natural gas, and propane. For gasoline and diesel, the increase would be phased in over four years — 2.5 cents per year — according to the following rate schedule: 17 cents per gallon through June 30, 2019; 19.5 cents per gallon from July 1, 2019, through June 30, 2020; 22 cents per gallon from July 1, 2020, through June 30, 2021; 24.5 cents per gallon from July 1, 2021, through June 30, 2022; and 27 cents per gallon after July 1, 2022.
For natural gas — both compressed and liquefied natural gas — and propane used as an alternative motor vehicle fuel, the tax increase to 27 cents per gallon would take effect after Dec. 31, 2025. Currently, the law set the tax rates for natural gas and propane used as motor fuel at five cents per gallon through December 2019, 11 cents per gallon through December 2024, and 17 cents per gallon after that.
For compressed natural gas, rates would be calculated on gasoline gallon equivalents. For liquefied natural gas, rates would be calculated on diesel gallon equivalents. Revenue from the gas tax increase would be dedicated to funding the state highway patrol. The measure would also require that, going forward, the tax rate for motor fuels and alternative fuels — such as electricity, hydrogen, propane, compressed natural gas, and liquefied natural gas — be equivalent.
The Olympic prize tax exemption would exempt any prizes won at Special Olympics, Paralympics, or Olympics from state income taxes. Freight traffic reduction and road fund The measure would create a fund called the Emergency State Freight Bottleneck Fund. The fund would contain money allocated from the state’s general fund by the state legislature, and the fund would be invested and managed by the state treasurer.
Money from the fund would be restricted so that it could be used only on projects that met all of the following conditions: the project is a road improvement project with an estimated construction cost of at least $50 million; the project is required to alleviate a delay of 20 minutes or more during peak traffic hours that impacts freight and the distribution of goods; the project is required to reduce serious motor vehicle crashes causing fatalities or disabilities; the project is featured on the 2014 state freight plan; and the project is set to receive 35 percent of funds from sources besides the state road fund and general fund revenue.
Missouri voters will be deciding seven statewide initiatives when they go to the polls Tuesday. The wide range of subjects they cover include lobbying laws, campaign finance limits and the legislative redistricting process; the management and advertising of bingo games, increasing the minimum wage, increasing the gas tax and legalizing marijuana for medicinal use.
Kevin Jenkins is a reporter for the Daily Journal and can be reached at 573-518-3614 or kjenkins@dailyjournalonline.com
