Senator Kraus Guest Column BannerFrom Missouri State Senator Will Kraus, October 29, 2012:

In addition to your vote for president, governor, and other statewide and local races this Nov. 6, you will be asked to vote on four statewide ballot measures. Two (Constitutional Amendment 3 and Proposition E) were initiated in the legislature. Two (Propositions A & B) were initiated by citizen petition.

Please feel free to review the information below and pass it on to your friends, to help educate you on these issues before you go to the polls. If you have any questions regarding these ballot issues, please feel free to contact our office.


Constitutional Amendment 3

[Proposed by the 96th General Assembly (Second Regular Session) SJR 51]

Official Ballot Title:

Shall the Missouri Constitution be amended to change the current nonpartisan selection of Supreme Court and court of appeals judges to a process that gives the governor increased authority to:

appoint a majority of the commission that selects these court nominees; and

appoint all lawyers to the commission by removing the requirement that the governor’s appointees be nonlawyers?

There are no estimated costs or savings expected if this proposal is approved by voters.

Fair Ballot Language:

A “yes” vote will amend the Missouri Constitution to change the current nonpartisan selection of supreme court and court of appeals judges to a process that gives the governor increased authority to appoint a majority of the commission that selects these court nominees. This measure also allows the governor to appoint all lawyers to the commission by removing the requirement that the governor’s appointees be nonlawyers.

A “no” vote will not change the current constitutional provisions for the nonpartisan selection of supreme court and court of appeals judges.

If passed, this measure will have no impact on taxes.


 Proposition A

[Proposed by Initiative Petition]

Official Ballot Title:

Shall Missouri law be amended to:

allow any city not within a county (the City of St. Louis) the option of transferring certain obligations and control of the city’s police force from the board of police commissioners currently appointed by the governor to the city and establishing a municipal police force;

establish certain procedures and requirements for governing such a municipal police force including residency, rank, salary, benefits, insurance, and pension; and

prohibit retaliation against any employee of such municipal police force who reports conduct believed to be illegal to a superior, government agency, or the press?

State governmental entities estimated savings will eventually be up to $500,000 annually. Local governmental entities estimated annual potential savings of $3.5 million; however, consolidation decisions with an unknown outcome may result in the savings being more or less than estimated.

Fair Ballot Language:

A “yes” vote will amend Missouri law to allow any city not within a county (the City of St. Louis) the option of establishing a municipal police force by transferring certain obligations and control of the city’s police force from the board of police commissioners currently appointed by the governor to the city. This amendment also establishes certain procedures and requirements for governing such a municipal police force including residency, rank, salary, benefits, insurance, and pension. The amendment further prohibits retaliation against any employee of such municipal police force who reports conduct believed to be illegal to a superior, government agency, or the press.

A “no” vote will not change the current Missouri law regarding St. Louis City’s police force.

If passed, this measure will have no impact on taxes.


Proposition B

[Proposed by Initiative Petition]

Official Ballot Title:

Shall Missouri law be amended to:

create the Health and Education Trust Fund with proceeds of a tax of $0.0365 per cigarette and 25% of the manufacturer’s invoice price for roll-your-own tobacco and 15% for other tobacco products;

use Fund proceeds to reduce and prevent tobacco use and for elementary, secondary, college, and university public school funding; and

increase the amount that certain tobacco product manufacturers must maintain in their escrow accounts, to pay judgments or settlements, before any funds in escrow can be refunded to the tobacco product manufacturer and create bonding requirements for these manufacturers?

Estimated additional revenue to state government is $283 million to $423 million annually with limited estimated implementation costs or savings. The revenue will fund only programs and services allowed by the proposal. The fiscal impact to local governmental entities is unknown. Escrow fund changes may result in an unknown increase in future state revenue.

Fair Ballot Language:

A “yes” vote will amend Missouri law to create the Health and Education Trust Fund with proceeds from a tax on cigarettes and other tobacco products. The amount of the tax is $0.0365 per cigarette and 25% of the manufacturer’s invoice price for roll-your-own tobacco and 15% for other tobacco products. The Fund proceeds will be used to reduce and prevent tobacco use and for elementary, secondary, college, and university public school funding. This amendment also increases the amount that certain tobacco product manufacturers must maintain in their escrow accounts, to pay judgments or settlements, before any funds in escrow can be refunded to the tobacco product manufacturer and creates bonding requirements for these manufacturers.

A “no” vote will not change the current Missouri law regarding taxes on cigarettes and other tobacco products or the escrow account and bonding requirements for certain tobacco product manufacturers.

If passed, this measure will increase taxes on cigarettes and other tobacco products.


Proposition E

[Proposed by the 96th General Assembly (Second Regular Session) SB 464]

Official Ballot Title:

Shall Missouri Law be amended to prohibit the Governor or any state agency, from establishing or operating state-based health insurance exchanges unless authorized by a vote of the people or by the legislature?

No direct costs or savings for state and local governmental entities are expected from this proposal. Indirect costs or savings related to enforcement actions, missed federal funding, avoided implementation costs, and other issues are unknown.

Fair Ballot Language:

A “yes” vote will amend Missouri law to prohibit the Governor or any state agency, from establishing or operating state-based health insurance exchanges unless authorized by a vote of the people or by the legislature.

A “no” vote will not amend Missouri law to prohibit the Governor or any state agency, from establishing or operating state-based health insurance exchanges unless authorized by a vote of the people or by the legislature.

If passed, this measure will have no impact on taxes.


Please feel free to contact the 8th Senatorial District’s Capitol office with any questions or concerns at any time. We look forward to hearing your comments and suggestions and trying to answer any questions you may have. You can reach us by phone at 573-751-1464, or e-mail at will.kraus@senate.mo.gov.