Gatschenberger: Town Hall Report, Constitutionality of Adult Business Regulations, School Safety Measure Passes

Town Hall Report

Last week I held a Town Hall Meeting at the Lake St. Louis City Hall. Larry Schepker, Director of House Appropriations and Mike Price, Budget Analyst III, presented the 2011 State Budget and answered questions regarding funding cuts. They also explained why the 2012 budget will be even more of a challenge for us to balance during the next legislative session due to an $850,000,000 decrease in Federal funding. A detail of his report will be in my next Capitol Report.



Representative Brian Nieves, R – District 98… Candidate for Missouri Senate District 26… explained the State Sovereignty Legislation we passed and the resulting vote that will be put before you on the August ballot giving you the opportunity to exempt yourself and your business from the new Federal Health Care requirements.


Representative Brian Nieves speaks to Town Hall Attendees

Please be my guest!

What: Town Hall Meeting
When: June 24th – 7:00 pm
Where: Wentzville City Hall – 310 W Pearce Blvd
Why: Information on what the University of Missouri Extension Office can do for you as an individual… or as a small business. Scott Killpack from the University of Missouri Extension Office in St. Charles County will explain what is available and how you can take advantage of their services. For example… did you know they can help you with your yard problems? Your health & nutrition questions? Your small business ideas? Your needs as a dislocated worker? Your family financial maze?

Also, James Gremaud from the Missouri Department of Transportation will be on hand to give you an update of MoDot projects in the 13th District and get your thoughts on Truck Lanes.

You won’t want to miss this very important information session… so please mark your calendars now!

More than 70 people attended my last Town Hall Meeting in Wentzville

For questions on the content of this meeting you may contact my Capitol office at (573) 751-3572 or e-mail me at Chuck{dot}Gatschenberger{at}house{dot}mo{dot}gov

Legislative Update

I heard from many of you regarding the Sexually Oriented Business Regulation Legislation in SB’s 586 and 617… so I am sharing a summary that details the intent and provisions of HCS SS SCS SBs 586 & 617 as follows:

Key Elements of the Legislation…

• Restricts placement of sexually oriented businesses
  Cannot be within 1000 feet of a preexisting school, house of worship, state-licensed daycare, public library, public park, residence, or other sexually oriented business.
• Restricts ownership
  No person shall establish a sexually oriented business if a person with an influential interest in such business has been convicted of, or released from confinement, for certain crimes within the last eight years.
• Limits nudity and contact with patrons
  Employee must remain on stage at least six feet from the patrons and at least eighteen inches from the floor
• Requires an unobstructed view of each area that patron’s are permitted
  The worst offenses take place behind closed doors.
• Allows 180 days to come into compliance
• Restricts hours and alcohol
  No sexually oriented business shall be open between the hours of midnight and 6:00 a.m.
  Prohibits alcohol sales, use, or consumption on premises of sexually oriented business.
• Establishes the standard that violations are committed “knowingly or recklessly”
• Penalty of violations
  A misdemeanor punishable by a fine not to exceed $500 or imprisonment not to exceed 90 days.
  Any business repeatedly operated in violation of this act shall constitute a public nuisance and shall be subject to civil abatement proceedings.

Constitutionality of this Legislation:

The Supreme Court has ruled that regulations of sexually oriented businesses are constitutional so long as they are not aimed at preventing speech ("unrelated to the suppression of free expression"), but rather are directed at stopping the "negative secondary effects" associated with "adult" establishments. Thus, if your intent is to protect neighborhoods keep crime down and preserve property values, and if you still allow the pornographic speech to occur subject to certain regulations, there is no constitutional violation.

Court Cases
8th Circuit Court – 10 cases:
http://www.communitydefense.org/wordpress/2009/08/12/8th-circuit-authorities-for-various-sob-ordinance-requirements/#more-1046

There are at least 170 sexually-oriented businesses in Missouri (55 cities, 31 counties)

School Safety Measure Passes

A wide ranging school safety bill that I cosponsored (HB 1543) passed the General Assembly on the last day of the session and includes the following:

• Expanding the reporting of violent acts to include all teachers at the student’s school and other employees who need to know.
• Specifying that a suspended student who is not allowed on school property without permission is also prohibited from attending school events occurring elsewhere.
• Requiring a notice of reportable offenses to be attached to an offending student’s record and transcript.
• Allowing school districts to require a school uniform or restrict student dress.
• Exempting unqualified employees who refuse to administer medication or medical services from disciplinary action.
• Exempting qualified employees from civil liability for administering medication or medical services, in good faith and according to standard practices.
• Requiring any spanking to take place in front of a witness who is a school district employee.
• Specifying that use of reasonable force by school employees to protect people or property is not considered child abuse.

The bill also requires districts to change the definition of “bullying” to include cyber-bullying. Also, contractors or subcontractor working on construction projects at public and charter schools must conduct random drug and alcohol testing. St. Louis City schools will be allowed to use a hearing officer for employee termination hearings as long as they are under control of a Special Administrative Board.

Schools given funding flexibility

School districts will have some spending flexibility during the next few years, because legislators aged to relax some stat e requirements during times of financial difficulty. The changes are included in the same bill I co-sponsored (HB 1543).

School districts will be exuded from required spending 0n professional development in fiscal years 21011, 2012, 2013 if the foundation formula is not funded at the level that is needed to meet the phase-in percentages for the new formula. They will also be excluded for the same years if transportation funding is not enough to reimburse 75 percent of costs.

School districts must send at least 1 percent of their state money on professional development. Under this proposal, when the state does not meet its obligation for funding the foundation formula or transportation, the state would not require schools to send money on professional development. Schools would also be relieved of their required fund placement and expenditure requirements.

The flexibility extends into the Missouri School Improvement Program as well. If the state fails to meet the same financial commitments, the school districts will not be penalized for failure to meet the resource standards that are part of MSIP.

Ed Departments to Stay Separate

“A proposal to combine state education departments provided too many questions and not enough answers”, said committee member Chuck Gatschenberger.

As a result, voters will not decide on this issue in a constitutional referendum this November. The Department of Elementary and Secondary Education will not merge with the Department of Higher Education.

SJR 44 and 45 (Senator Charlie Shields) were intended to streamline education, from early childhood to post secondary. The committee became bogged down discussing the proper size of the board and whether board members should be appointed at large from geographical areas, or represent certain segments of education.

Committee members also became concerned about the actual duties and powers a new board would have. Many of these would not be defended in the constitution, but in state statuettes that would have to be developed upon voter approval. The merger would not have made dramatic changes to K-12 education, but committee members were uneasy about its potential impact to higher education. As a result, the proposal did not move forward in the committee.

Representative Gayle Kingery announced he intends to send a letter to the speaker of the house requesting the Joint Committee on Education discuss this issue, and make a report available before the next legislative session.

STAY IN TOUCH

As always, please let me know your thoughts about these or other matters of concern by calling my office at: (573) 751-3572 or by emailing me at chuck{dot}gatschenberger{at}house{dot}mo{dot}gov

FUN FACTS

Listen to a free Chorus… courtesy of Mother Nature and the Gray Tree frogs this month… also bird song at daybreak is at its peak this month.

Stake out a den and watch the parade... young beavers, woodchucks and groundhogs… even coyote pups… emerge from their dens and take a look around.