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20 May 2010

Roorda: Session "Mercifully" Closes, Watered-Down Bills, Merger Made In Heaven

The 2010 legislative session mercifully came to a close last week, with the Republican-controlled House of Representatives passing little of importance and not even making the pretense of an effort to do so, with the fewest number of bills since 2000 winning final approval.

"The Missouri Constitution requires the General Assembly to do only one thing - pass the state budget, and this year that's basically all it did," said House Minority Leader Paul LeVota, D-Independence. "From the outset, House Republicans made debating inconsequential non-binding resolutions to Congress their top priority. They set out to do nothing and got their wish - a non-binding legislative session that produced little of substance."

Perhaps the session's biggest disappointment was the General Assembly's failure to put the state on sound financial footing. Despite reducing spending authority by about $800 million from current appropriations, the $23.27 billion state operating budget lawmakers passed for the upcoming fiscal year isn't balanced and will require the governor to impose additional cuts.

House Democrats pushed for a balanced approached to break the cycle of declining revenue collections and reductions in vital state services that Missouri has been trapped in for most of the last decade under Republican control of the legislature. In particular, House Democrats sought reform of the more than 60 tax credit programs, which cost the state about $600 million a year in lost revenue, and elimination of various special tax exemptions, such as that granted on the purchase of luxury yachts.

"Cutting alone may get the state through the year, but it leaves lawmakers with the same problem next year only worse," said Assistant House Minority Leader J.C. Kuessner, D-Eminence. "The legislature cannot continue putting off the hard work of establishing long-term financial stability."

The session's few accomplishments included passing a bill to require state-regulated insurance companies to provide coverage for the diagnosis and treatment of children with autism -- a long-time priority of House Democrats - and enacting legislation to crack down on repeat drunken drivers.

And although lawmakers approved modest improvements to state ethics laws, the bill failed to include several key reforms such as reinstating campaign contribution limits, closing the revolving door between the legislature and special interest lobbying and banning elected officials from simultaneously working as paid political consultants

Drink. Drive. Go to Jail.  Really?

roorda speaking"If mixed drinks were as watered down as this bill, we'd have a lot less drunks on the street." –Jeff Roorda

Missouri lawmakers on May 13 unanimously approved an overhaul of the state's driving while intoxicated statutes that seeks to crackdown on repeat drunken drivers while diverting more offenders into treatment programs. Gov. Jay Nixon, who had asked lawmakers to reform Missouri's DWI laws, is expected to sign the bill [HB1695] into law.

The bill would require municipal DWI violations to be tried in state court, where punishments tend to be higher, rather municipal court if a driver has two or more previous offenses and prohibits offenders caught driving with a blood alcohol content of .15 or higher from receiving a suspended imposition of sentence, which allows offenders to avoid a conviction by completing probation. Missouri's legal BAC limit is .08. But the bill would allow some offenders to have their driving privileges partially reinstated earlier if they successfully complete a treatment program.

Lawmakers removed from the final bill a section dubbed by opponents as the "vampire provision that would have allowed police to forcibly extract a blood sample from DWI suspects without a warrant. Opponents argued the provision would violate constitutional protections against warrantless searches. Citing statistics from the Missouri Highway Patrol, The Associated Press reported that nearly 35,000 motorists were arrested for driving while intoxicated in Missouri in 2009.

Read St. Louis Post Dispatch May 14th article:  Bill that creates DWI courts headed to Gov. Jay Nixon's desk

Final Ethics Reform Bill a Modest Improvement Over Existing Law

The House of Representatives today voted 153-5 to grant final passage to ethics reform legislation that strengthens state law in several areas but fails to include important reforms championed by House Democrats, such as reinstating campaign contribution limits and prohibiting lawmakers from doing paid political work.

The final version of SB 844, which the Senate passed 32-1, was stripped of dozens of controversial provisions that House Republicans had loaded it up with, such as requiring Missourians who attempt to contact lawmakers other than their own to register as lobbyists and imposing stringent identification requirements designed to disenfranchise voters.

"Passage of this bill serves as a resounding repudiation of the sham ethics legislation House Republicans attempted to foist upon Missourians under the guise of reform," said House Minority Leader Paul LeVota, D-Independence. "Although this bill leaves several vital reforms unaccomplished, it is a modest improvement over existing law. However, in the universe of possibilities, this is nowhere near the best bill that could have passed."

The House version of SB 844 resulted in uniform statewide criticism of House Republicans. The Warrensburg Daily Star-Journal called the House version "a perversion of ethics," while The Kansas Star said it "set a new bar for skullduggery and cynicism" and the St. Louis Post-Dispatch dubbed it the "Omnibus Bad Idea Act of 2010."

Unfortunately, key reforms didn't make it into the final bill. One would have outlawed the practice of lawmakers simultaneously running political consulting businesses, a practice that creates inherent conflicts of interest when a lawmaker/consultant can control the fate of his client's legislation. Another called for imposing a waiting period before lawmakers who leave the General Assembly can become lobbyists. And most importantly, the bill fails to reinstate campaigns contribution limits, which were originally imposed by Missouri voters but repealed by Republican lawmakers in 2010.

"This bill is a small step forward, but much remains to be done to improve accountability and integrity in state government," said Assistant House Minority Leader J.C. Kuessner, D-Eminence.

Read the St. Louis Post Dispatch May 14th article:
Ethics chairman calls bill headed to Gov. Jay Nixon "ethics lite"

Read the Kansas City Star May 14th article: "Ethics Reform On A Diet"

Merger Made In Heaven

JEFFERSON CITY, Mo. -- The Missouri State Water Patrol would become a division of the State Highway Patrol under legislation [HB1868] heading to the governor. Lawmakers gave the merger final approval Friday in the final hours of their annual session.

Gov. Jay Nixon suggested combining the Highway and Water patrols to save money. Supporters say the move could save millions of dollars.

The bill also would create a committee to consider other ways to reduce government services and spending. The 14-member committee will meet over the summer.

Lawmakers removed a provision that would have greatly changed the role of the state Alcohol and Tobacco Control division from enforcement to mainly regulation.

K2 Ban Bill Sent to Governor

A synthetic substance that law enforcement officials say mimics the effects of marijuana would be banned under legislation [HB1472] the General Assembly sent to Gov. Jay Nixon on May 13. The substance is applied to a mixture of dried herbs and sold under several brand names, one of the most common being K2. The punishment for possession would be similar to that for marijuana, with possession of 35 grams or less a misdemeanor and possession of larger amounts elevated to a felony.

To Read the KPLR story click here.

If there is anything I can do for you, please do not hesitate to contact my office.  I enjoy serving my constituents as "their" voice in the Missouri State Capitol.

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