WARNING: The Amendment 3
Ballot Wording is Misleading
Ballot Wording is Misleading
Below is the ballot title for Amendment 3---the description of this state constitutional amendment that will appear on the November 2 election ballot.
The second paragraph is called the "fiscal summary" and is prepared by the State Auditor. The statement "has a zero net fiscal impact" may be technically correct in that the STATE neither gains nor loses dollars from this proposed constitutional change. But the amendment would definitely impact the state's ability to fund present services to Missourians because it decreases the revenue that goes to the State General Revenue fund where it is may be used to pay for the state's critical needs.
Voters may easily be misled by both the ballot language, and by the proponent's campaign that will stress "NO TAX INCREASE!!!"
OFFICIAL BALLOT TITLE AS CERTIFIED BY SECRETARY OF STATE
Shall the Missouri Constitution be amended to require that all revenues from the existing motor vehicle fuel tax (less collection costs) be used only for state and local highways, roads and bridges, and also require that vehicle taxes and fees paid by highway users be used only for constructing and maintaining the state highway system (less collection costs, refunds and highway patrol law enforcement costs), except that up to half of such vehicle taxes and fees, phased in over four years, will go into a state road bond fund to repay state highway bonds?
The constitutional amendment has a zero net fiscal impact. The amendment increases funding for the Department of Transportation to be used for transportation purposes only and limits the use of highway user fee revenues by other state agencies. The indirect fiscal impact on state and local governments, if any, is unknown.
The proposed amendment has other potentially dangerous consequences.
Amendment 3 would repeal Sections 29, 30(a), 30(b) and 30(c) of Article IV of the Constitution and adopt new sections 29, 30(a), 30(b), 30(c) and 30(d) of Article IV.
However, this proposed amendment "changes, repeals, or modifies by implication, or may be construed to change, repeal or modify by implication" various other provisions in our state constitution. This statement is found in a NOTICE above the text of the proposed amendment on the Secretary of State's web site. This is the Notice:
"NOTICE: You are advised that the proposed constitutional amendment changes, repeals, or modifies by implication, or may be construed to change, repeal or modify by implication, the following provisions of the Constitution of Missouri - Section 1 of Article II; Sections 1, 36, 37, 38(a), 39, 40, 51 and 52(a) of Article III; Sections 1, 12, 15, 22, 23, 27, 28 and 34 of Article IV; Section 3(b) of Article IX; Sections 1, 3, 16, 17, 18, 18(e), 19, 20 and 21 of Article X; and Sections 1, 2(a), and 2(b) of Article XII."(One of those sections is the requirement in Article III, Section 36 that no money shall be withdrawn from the state treasury except by appropriations made by law.)
For the full text of the amendment see the Secretary of State's Web site:
http://www.sos.mo.gov/elections/2004petitions/ip200416.asp