Tim Jones: An Extremely Challenging and Successful Session

Storm clouds marched relentlessly across the plains at week's beginning hurling tornadic thunderbolts of wind and fury and washing a deluge of rain across the Midwest; by week's end, the calm cool sunny days of May glistened and shone on the pools and fountains surrounding the Capitol as a weary peace settled gently with a sigh after what was at times a tumultuous and passionate Session…

"Any law which violates the inalienable rights of man is essentially unjust and tyrannical; it is not a law at all."
--Maximilien Robespierre

An Extremely Challenging & Extremely Successful Session…

We had an extremely successful Session in your House of Representatives this year, passing common sense and principled legislation in line with our constitutional duty to you, the People of the State of Missouri.  Over the next few weeks, I will provide you with an in depth look at the challenges we faced this Session and the legislation we passed to solve the issues facing our State and your families.  It is the highest privilege and honor to serve you in the House of Representatives and I thank you all for your consummate help and support!

The State Budget: Protecting Missourians, No New Taxes

Together with the Senate, we shaved a total of $484 million from the Governor's proposed budget, making the tough decisions necessary to keep Missouri afloat in our harsh economy. While neighboring states are sinking further into economic crisis, raising taxes and having a difficult time paying their bills, Missouri has remained steadfast in our fiscally conservative practice.

Not only were we able to pass a balanced budget, we made the tough decisions necessary to avoid raising taxes on Missouri families.  Thirteen budget bills totaling $23.1 billion for the fiscal year beginning July 1 were agreed upon by both chambers and will be sent to the Governor for final approval.

I am pleased to report that we voted to maintain the school funding formula at its current levels. In addition, Missouri's K-12 schools will receive the same level of funding in the 2011 Fiscal Year as they did this year.  We also approved $37.5 million for the Career Ladder program that pays teachers for extra work such as afterschool tutoring.  The funding would pay teachers for work that has already been completed during the 2010 Fiscal Year.

The largest savings, anticipated to be millions, came from looking at  state departments and identifying how they may run more efficiently by eliminating more than 1,000 government jobs, including taxpayer-funded lobbyists and items like equipment, travel and expenses.

We completed the budget more than one week in advance of the deadline set by the state constitution, which is something I have not seen since I entered the legislature.  I am extremely proud of the work of our budget chairman, Representative Allen Icet, R – Wildwood, and his budget committee for their longstanding dedication to this process. Because we continued down a fiscally-conservative path while balancing our state's budget, we are able to keep Missouri in a leadership position when it comes to being financially stable.

Ensuring Prompt Payment to Health Providers

Health care reform is one of the most popular topics in the country.  There are several views on what steps need to be taken to improve the health care industry, including making it more affordable, more accessible and more transparent.  Because of the controversy surrounding the issue, very little has been done on a national level to improve the system.  In the Missouri General Assembly, however, the wheels are turning and we are accomplishing the common-sense steps necessary to advance true, genuine health care reform.

Many health care providers in Missouri, which include hospitals, physicians, and so forth, have experienced financial difficulties because of the failure of health insurance companies to make payments for health care services in a reasonable time frame.  The House saw this as a problem that needed to be remedied.

This session House and Senate members passed House Bill 1498, another bill that I sponsored, with overwhelming bi-partisan support.  The bill requires health insurance companies to pay provider claims in a timely manner. 

Through this legislation, a health insurance company would no longer have the ability to delay payments to providers by suspending a claim through loopholes and special exceptions.  Instead, the health insurance company would be allowed 45 days to process and pay or deny the provider's claim.

If the health insurance company needs additional information or has any questions regarding the claim, they must do so inside a specific time-window.   Days in which the health insurance company is waiting for a response from the provider for that information would not count towards the window, however.  If the health insurance company does not pay the provider within the specific timeframe, that company would incur a penalty.  If the provider's claim is denied, health insurance companies will be required to provide a specific reason for the denial.

Through HB1498, we are giving health care providers an opportunity to remain financially stable in their practice and give them the ability to rely on the prompt payment of their claims.

Protecting the Lives of the Unborn

Both Chambers passed SB793 to protect the lives of the unborn.  This act modifies the informed consent requirements for an abortion by adding new requirements to be obtained at least twenty-four hours prior to an abortion by adding the following provisions:

• The physician who is to perform or induce the abortion or a qualified professional must present the pregnant woman with various new printed materials (to be developed by the Department of Health and Senior Services by November 30, 2010) detailing the risks of an abortion and the physiological characteristics of an unborn child at two-week gestational increments;
• Women must also be provided with the gestational age of the unborn child at the time the abortion is to be performed and must be given an opportunity to view an active ultrasound of the unborn child and hear the heartbeat of the unborn child.
• Prior to an abortion being performed past twenty-two weeks gestational age, the mother must be provided information regarding the possibility of the abortion causing pain to the unborn child.

The abortion cannot be performed until the mother certifies in writing on a checklist form that she has been presented all the required information and that she has been given the opportunity to view an ultrasound, and to choose to have an anesthetic or analgesic administered to the unborn child.

Ensuring Ethical Behavior in Publicly Elected Offices

Regardless of whether we are Republican, Democrat or Independent, we can all agree on one thing: maintaining our integrity as public servants should be something we strive to maintain as we work to better the lives of Missourians across our state. The men and women who have voted us in to office expect us to be honest and work ethically as we pursue legislation that will benefit Missouri families – including the decisions we make in our personal lives, and they deserve nothing less. 

This session, the House and Senate agreed to an ethics bill [SB844], that I carried in the House, with the following provisions:

• Bribery by the Governor's Office: Last session, two House members swore by signed affidavits that they were bribed by the Governor's office.  In exchange for a vote on an issue important to Governor Nixon, his staff promised the members a job in return for a favorable vote.  Through the ethics bill, the Governor's bribery tactics will be 100% illegal.
• Transparency in Appointments: When the Governor seeks to appoint someone to a powerful Board or Commission, the appointee must disclose to whom they have sent campaign contributions for the past several years.  This will bring much more transparency and accountability to important state agencies.
• Ethics Commission: Currently, within 120 days of receipt of a complaint, the special investigator submits a report to the commission. This act changes that threshold to 90 days.  In addition, all reporting to the Missouri Ethics Commission must be done electronically.
• Contributions During Session: If an elected official receives a contribution of $500 or more during legislative session, that contribution must be reported within 48 hours.  In addition, there will be increased penalties for late contribution reports whether during or not during legislative session.
• Ballot Removal: If a candidate is removed from the ballot for any reason, he or she may not be re-added to the ballot by the Party Committee or anyone else for any reason.

Health Care Freedom Act: Opting Out of the Federal Plan

Missouri citizens continue to be outraged with the health care legislation that President Obama, Nancy Pelosi and Harry Reid have pushed through Congress.  I want my constituents to know that in the General Assembly, we share your outrage and we passed a bill, that I sponsored along with nearly 100 of my colleagues, that seeks to protect you and your family from these harmful federal mandates. When the United States House of Representatives passed their health care bill, yielding over two thousand pages, they immediately took away basic right and sent us a massive, unsustainable tab.

The federal health care bill costs approximately $940 billion and the CBO continues to increase that number with every revised report, which is concerning as we face such a serious economic depression, not to mention our national debt which has shot up into the trillions.  Someone has to pick up the tab, and that someone is you and me.  We will be taxed through penalties if we refuse to buy health care and adhere to federal guidelines.  And why should the government dictate what you must and must not do – especially when it comes to your own health care insurance?

On the first day of this year's session, we introduced the Health Care Freedom Act [HJR57] on the floor of the House and approved it for final passage in early March.  Now that it has passed the Senate, it will go to the ballot in August for a vote of YOU, the people.

The Health Care Freedom Act would give individuals and employers the opportunity to pay directly for lawful health care services without being subject to federal penalties and states that the purchase or sale of health care insurance in private health care systems cannot be prohibited by law or rule.

An incredible 42 states in the country have filed legislation to oppose the federal health care legislation, and we are hopeful that you will join us in this fight.  States should retain the power to regulate health care and allow their citizens the freedom to choose between health care options in the open market.

To the Federal Government: Balance the National Budget!

You are a hard-working Missouri taxpayer.  You have bills, expenses and every day items that run up costs.  You know what it means to sit down and balance your budget so you can keep your family on track. In state government, we do the same thing.  Every year, we go through the budget line by line and make the tough decisions necessary to balance our budget.  It's not easy, but it's the right thing to do.

Our federal government is a completely different story.  It's almost as if a balanced budget is a foreign concept to them.  This year, the national budget was out of balance by over 40%.

We are in the midst of what economists are calling "The Great Recession" and spending our way to prosperity isn't the answer – but wise fiscal planning and responsible use of your tax dollars is the answer.

Both chambers passed House Concurrent Resolution 34 and 35 sponsored by our Budget Chairman, Allen Icet and Representative Chris Kelly, asking Congress to balance the national budget.  HCR 34 & 35 comes as an official message from the Missouri General Assembly, and if adopted by Congress, it has a chance of becoming an amendment to the United States Constitution.  An official change will depend on ratification by ¾'s of our nation's states.

With a budget that is over 40% out of balance, and a recent vote to raise the debt ceiling by 1.9 trillion dollars, we need to bring our elected officials in Washington DC back to reality.  Congress needs to stop spending and start standing up for the future of America.  You, as constituents, can help.  If you agree with our resolution to require the national government to balance the budget, contact your U.S. Senators and Representatives and let them know you support us in this effort.

Strengthening DWI Laws

According to studies, about three in every ten Americans will be involved in an alcohol-related accident at some time in their lives.  Many times, these accidents result in serious injuries and even death.  In Missouri, we made it a priority to strengthen the existing drunk driving laws, taking a further step to help safeguard our citizens.  (SS SCS HCS HB 1695, 1742 & 1674)

Some of the main provisions in this bill are as follows:

• It will increase the minimum jail time for DWI offenders who have had previous DWI offenses from 5 days to 10 days and increase the minimum jail time for a repeat offender to 30 days.
• Removes the requirement that no chemical test will be given when a holder of a driver's license refuses to submit to a chemical test at the request of law enforcement.
• The bill requires drivers with blood-alcohol levels of at least 0.15 percent to spend 48 hours in jail, and those with at least 0.2 percent to spend at least five days in jail, unless they complete the requirements of a DWI court or docket.
• Moves DWI cases to state courts to handle any case involving a defendant with at least two alcohol-related contacts with authorities.  State courts, in comparison to municipal courts, have more severe penalties for drunk-drivers.
• It will require all municipal judges to complete courses on state drunken driving laws and direct their courts to report all DWI case dispositions to a central databank, holding them more accountable to the process.

HEALTH CARE FREEDOM ACT PASSES THE GENERAL ASSEMBLY & HEADS TO THE AUGUST BALLOT!

As mentioned above and as many of you know, I am the chief sponsor of HJR 57, the "Health Care Freedom Act".  As many of you know, thanks to the courageous work of two of my Senate colleagues and friends, Senator Jane Cunningham and Senator Jim Lembke, the Senate succeeded in voting out a version of the Health Care Freedom Act [HB1764] and sending it back to the House for final passage.  This very week, the House gave OVERHELMING, BI-PARTISAN approval (108-46) to the final version of the Health Care Freedom Act.  Missouri voters will now have the opportunity, as the FIRST citizens in the Nation, to cast their vote this August in the FIRST voter referendum on ObamaCare and the voice of the people of the State of Missouri will again be heard loud and clear in Washington D.C.  Most importantly, this version of the HCFA will spark the constitutional show down that we all are ready and willing to have between the rights of the States and the overbearing hostility of the federal government relating to your health care freedom choices and rights.  We could not have made it to this point without the help of thousands of Missouri patriots and tea party groups who led the way during this fight to keep our freedoms.  Thank you all very much for your support of this very important legislation, and I will look forward to seeing you all at the polls this August!

Tim's Legislative Platform for 2010

I have sponsored and filed sixteen individual pieces of legislation this Session.  I have co-sponsored numerous other bills.  Many of my bills were designed to be good government, bi-partisan pieces of legislation that would benefit all Missourians and that would also be top priorities for our Majority Caucus.  I am blessed, pleased and happy to report that many of my bills passed either as stand alone pieces of legislation or as amendments on other bills.  My "right hand woman", Jody Williams, my Legislative Assistant, was a major component in the success we had this year so I want to publicly thank her for all she continues to do for the good folks of the 89^th District and for me!  To review all of the bills that I have sponsored or co-sponsored, please follow this link:  http://www.house.mo.gov/content.aspx?info=/bills101/spon/spn089.htm.  This week, amongst several other matters, the General Assembly passed my Health Care Freedom Act and the Government Accountability & Ethics package that I ended up handling.

Personal News & Notes

At Left: Daughter Katie takes over the Missouri House!

The last week of Session has been (of course) the most exhausting and frantic and we spent long days on the House Floor and running back and forth to the Senate.  Bills and Conference Committee Reports flew back and forth between the Chambers and everyone searched for a good legislative vehicle on which to complete their priorities.  I want to thank all of the great folks who support me back home as we became fully immersed in our work at the Capitol during the final days of the 2^nd Regular Session of the 95^th General Assembly, especially my family and my colleagues at my law firm, DosterUllom.  I owe a special and immense debt of gratitude and thanks to my wife, Suzanne, who sacrifices so much and takes such excellent care of our daughters, Katie & Abby, while I am in Jeff City, legislating away!

Feel Free to Contact Us!

If my extremely dedicated (and very busy!) Legislator Assistant, Jody Williams, or I can be of any assistance throughout the year, please do not hesitate to contact us at 573.751.0562 or by email at jody{dot}williams{at}house{dot}mo{dot}gov or at tim{dot}jones{at}house{dot}mo{dot}gov.  We have had many visitors to the Capitol so far this year; if your travels find you anywhere in or around Jefferson City, please do not hesitate to stop by and visit us in Room 114!  Until our next report, I remain, in your service.