Senator Denny Hoskins Capitol Report
On Tuesday, Nov. 6, Missourians will head to the polls to cast their votes for numerous candidates and important issues, including four proposed amendments to the Missouri Constitution.
If you take a close look at the proposed amendments, there are several proposals on the ballot I believe would help improve our state’s workforce and offer an opportunity to increase revenue in the state. I encourage everyone to be engaged during this election cycle and thoroughly research each of the issues that could have an impact on our community and our state. Below is a snapshot of the initiatives appearing on the upcoming ballot.
I would like to remind everyone as a general rule if any of the amendments to the state constitution pass and are changed in the future, no matter how small or technical in nature, they would have to go to a vote of the people. However, if a proposition needs a technical or small change, it can be done through the Missouri Legislature. For more information about the upcoming election, including where and how to vote, please visit the secretary of state’s website at www.sos.mo.gov.
Amendment 1 will allow voters the opportunity to amend Missouri’s Constitution regarding numerous areas affecting the General Assembly.
This amendment changes the process and criteria for redrawing state legislative districts during reapportionment, changes limits on campaign contributions and establishes a $5 limit on gifts that state legislators, and their employees, can accept from paid lobbyists. The amendment would also prohibit state legislators and their employees from serving as paid lobbyists for two years after their last legislative session, prohibit political fundraising by candidates or members of the Legislature on state property and require legislative records and proceedings to be open to the public.
If Amendment 1 is passed, state operating costs may increase by $189,000. In addition, the amendment would eliminate the option for state legislative districts to be drawn by bipartisan House and Senate commissions, who would-then be replaced by a state demographer, chosen from a panel selected by the state auditor. The amendment also reduces the limits on campaign contributions that candidates for the Missouri Senate or House of Representatives can accept from individuals or entities by $100 per election for a Senate candidate and $500 for a House candidate, and it requires all legislative records and proceedings to be subject to the state open meetings and records law (Missouri Sunshine Law).
Amendment 2 will allow voters to amend the Missouri Constitution by allowing the use of marijuana for medical purposes.
This amendment imposes a four percent tax on the retail sale of marijuana. These taxes would be used to administer the program, to license/certify and regulate marijuana and marijuana facilities and provide health care services for military veterans through the Missouri Veterans Commission.
If Amendment 2 is passed, the program is estimated to generate annual taxes and fees of $18 million for state operating costs and veterans programs and $6 million for local governments. The annual state operating costs are estimated to be $7 million. While this amendment does not change federal law, it will create regulations and licensing procedures for medical marijuana and medical marijuana facilities, including dispensary, cultivation, testing and marijuana-infused product manufacturing facilities. The dispensary facilities are licensed and regulated by the Department of Health and Senior Services.
Amendment 3 will allow voters to amend the Missouri Constitution by allowing the use of marijuana for medical purposes.
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. In addition, the amendment allows a portion of the collected taxes to be used to establish and fund a state research institute for the purpose of developing cures and treatments for cancer and other incurable diseases or medical conditions.
If Amendment 3 is passed, initial implementation of the proposal will cost the state $186,000, annual state operating costs are estimated to increase by $500,000 and the program is estimated to generate annual taxes and fees of $66 million. In addition, this amendment grants Brad Bradshaw the authority to serve as the chairperson of the newly created research institute, and it allows him to select the members of the board that will govern the research institute. This institute will issue regulations and licensing procedures for medical marijuana and medical marijuana facilities.
Amendment 4 will allow voters to amend the Missouri Constitution in relation to bingo.
This amendment removes language that limits bingo game advertising, deemed unenforceable by the judicial branch and allows a member of a licensed organization to manage the bingo games within six months. Currently, the state constitution requires two years of membership before a member of a licensed organization can manage a bingo game.
If Amendment 4 was to pass, the state would not incur any costs or savings from this legislation.
Proposition B will allow voters to amend the Missouri Constitution by increasing the minimum wage to $8.60 an hour with an 85 cents per hour increase each year until 2023.
If Proposition B is passed, the state minimum wage will be gradually increased until it reaches $12 per hour in 2023. In addition, the legislation would also increase the penalty for business owners who pay their employees less than the minimum wage, and it would exempt government employers from the increase. At this time, the annual state operating costs are unknown, but the costs could range anywhere between a $2.9 million decrease to a $214 million increase depending on business decisions.
Proposition C will allow voters to amend the Missouri Constitution by removing prohibitions on the personal use and possession of medical marijuana.
If Proposition C is passed, this amendment would impose a two percent tax on the retail sale of medical marijuana and allow the taxes to be used for veterans' services, drug treatment, early childhood education and for public safety in cities with a medical marijuana facility. This amendment would also require any person using medical marijuana to have a qualifying medical condition and written certification by a physician. In addition, there will be an estimated initial cost of $2.6 million, annual costs of $10 million and annual revenues of at least $10 million. The funds from the licensing fees will go to the Division of Liquor Control to administer the program, issues and certify licenses and regulate marijuana and marijuana facilities. Local government entities estimate no annual costs and are expected to receive at least $152,000 in annual revenues.
Proposition D will allow voters to amend the Missouri Constitution 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 in July 2019. The amendment also creates 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.
If Proposition D is passed, this amendment will annually generate at least $288 million 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. The current state motor fuel tax rate is 17 cents per gallon. In addition, the amendment will increase the tax on alternative fuels from 17 cents to 27 cents per unit equivalent to a gallon of gasoline or diesel beginning Jan. 1, 2026. The amendment would also require the state auditor to audit the state’s use of the revenue generated by these taxes every two years.
As always, I appreciate hearing your comments, opinions and concerns. Please feel free to contact me in Jefferson City at (573) 751-4302. You may also email me at denny.hoskins@senate.mo.gov.
