Sen. Mike Cierpiot’s Guest Column for the Week of Oct. 29, 2018

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Missourians to Cast Deciding Vote on Numerous Ballot Initiatives

On the November ballot, Missourians get the opportunity to decide for themselves on a series of wide-ranging issues affecting our state. This election cycle, there are four constitutional amendments, which would modify Missouri’s Constitution if approved by a majority of voters. There are also three propositions that have the potential to change state law. Below is information about these ballot measures, including what they do and how they would affect the state’s finances. I hope you find this information useful in helping you decide how to vote on Nov. 6.

Amendment 1 – Placed on the ballot through the initiative petition process, this proposed amendment to the state’s constitution modifies the redistricting process for state legislative districts as well as imposes new campaign finance and ethics regulations on lawmakers and those running for office. Currently, bipartisan commissions redraw state legislative district boundaries for the Missouri House of Representatives and the Missouri Senate, and those maps are adopted if 70 percent of the commissioners approve. This amendment proposes that a state demographer, chosen from a panel selected by the state auditor, redraw the boundaries and submit those maps to the commissions for the House and Senate. 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 amount of money an individual can contribute to a state senate candidate to $2,500 and $2,000 for a candidate for state representative. 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 also prohibits political fundraising by candidates or members of the Legislature on state property. The amendment further requires all legislative records and proceedings to be subject to the state open meetings and records law.

State governmental entities estimate annual operating costs may increase by $189,000. Local governmental entities expect no fiscal impact.

A “yes” vote will amend the Missouri Constitution regarding redistricting, campaign contributions, lobbyist gifts, limits on lobbying after political service, fundraising locations and legislative records and proceedings.

A “no” vote will not amend the Missouri Constitution regarding these matters.

Amendment 2 – Placed on the ballot through the initiative petition process, this amendment to the Missouri Constitution allows for the use of marijuana for medical purposes under state law, with certain regulations. This amendment imposes a 4 percent tax on the retail sale of marijuana, which will be used for health and 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.

A “yes” vote will amend the Missouri Constitution to allow the use of marijuana for medical purposes under state law. This amendment does not change federal law, which makes marijuana possession, sale and cultivation a federal offense.

A “no” vote will not amend the Missouri Constitution as to the use of marijuana.

Amendment 3 – Placed on the ballot through the initiative petition process, this proposal amends the Missouri Constitution to allow for the use of marijuana for medical purposes under state law, with certain regulations. This amendment imposes 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. The funds collected will be used to establish and fund a state research institute to investigate cancer and other incurable diseases. This amendment makes Brad Bradshaw (the contact person on this initiative petition) the research chairperson of the institute and grants him the ability to select the board members that will govern the institute and issue regulations and licensing procedures for medical marijuana and medical marijuana facilities.

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.

A “yes” vote will amend the Missouri Constitution to allow the use of marijuana for medical purposes. However, this amendment does not change federal law, which makes marijuana possession, sale and cultivation a federal offense.

A “no” vote will not amend the Missouri Constitution as to the use of marijuana.

Amendment 4 – Placed on the ballot through the state Legislature, this amendment changes the Missouri Constitution regarding bingo. The amendment removes language from state law limiting bingo game advertising. Recently, a court ruled this language unenforceable. It also allows 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 requirement of two years.

State and local governmental entities estimate no costs or savings from this proposal.

A “yes” vote will amend the Missouri Constitution to remove language limiting bingo game advertising as well as reduce the required years of membership to manage a bingo game.

A “no” vote will not amend the Missouri Constitution regarding bingo games.

Proposition B – Placed on the ballot through the initiative petition process, this proposal raises the state’s minimum wage annually by 85 cents per hour until 2023, when the state minimum wage would be $12.00 per hour. This measure exempts government employers from the increase and increases the penalty for paying employees below 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. State and local government tax revenue could change by an annual amount ranging from a $2.9 million decrease to a $214 million increase depending on business decisions.

A “yes” vote will amend Missouri statutes to increase the state minimum wage rate annually until 2023.

A “no” vote will not amend Missouri law to make these changes to the state minimum wage law.

Proposition C – Placed on the ballot through the initiative petition process, this proposal modifies state law to allow for the use or marijuana for medical purposes, with certain regulations. This proposal removes state prohibitions on growth, possession, production and sale of medical marijuana by licensed and regulated facilities, and a facility’s licensed owners and employees. This amendment imposes a two percent tax on the retail sale of medical marijuana, with funds going to 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 receive at least $152,000 in annual revenues.

A “yes” vote will amend Missouri statutes to allow the use of marijuana for medical purposes. This amendment does not change federal law, which makes marijuana possession, sale and cultivation a federal offense.

A “no” vote will not amend Missouri statutes as to the use of marijuana.

Proposition D – Placed on the ballot through the state Legislature, this proposal increases the motor fuel tax over several years. The current state motor fuel tax rate is 17 cents per gallon and if passed, this proposition will increase that tax by two and a half cents per gallon annually starting in 2019. The amendment will increase the rate as follows:

  • 5 cents per gallon beginning July 1, 2019;
  • 22 cents per gallon beginning July 1, 2020;
  • 5 cents per gallon beginning July 1, 2021; and
  • 27 cents per gallon beginning July 1, 2022.

If passed, this measure will generate at least $288 million annually for the State Road Fund to provide funding for Missouri state law enforcement and $123 million annually to local governments for road construction and maintenance.

Additionally, the amendment will allow a state income tax deduction for the value of any prize or award won in the Olympics, Paralympics or Special Olympics, and it will create an “Emergency State Freight Bottleneck Fund,” which will be dedicated to financing road improvement projects in the state.

A “yes” vote will amend Missouri statutes to increase the motor fuel tax, exempt certain prizes from state taxes and establish the Emergency State Freight Bottleneck Fund.

A “no” vote will not amend Missouri statutes regarding these issues.

As always, I appreciate hearing your comments, opinions and concerns. During the interim, please feel free to contact me in email me at mike.cierpiot@senate.mo.gov.