Joe Smith: 11 End-Of-Session Updates

MoDOT has multiple night-time closures on I-70 in St. Charles County

http://www.modot.org/stlouis/news_and_information/District6News.shtml?action=displaySSI&newsId=54064

ST. LOUIS – The Missouri Department of Transportation will have a number of night closures on Interstate 70 in St. Charles County the week of May 16 – May 22 for road and bridge work.

Additionally, the westbound I-70 exit ramp to Fifth Street will be restricted from 9 a.m. to 3 p.m. Monday through Friday. All work is weather dependent. Night work includes:

• Westbound I-70 at Route K, Sunday through Thursday, starting at 8 p.m. Crews will close one lane at 8 p.m. and a second lane after 10 p.m.
• Eastbound I-70 exit ramp to eastbound Route 370, Sunday through Thursday, starting at 8 p.m. Crews will close one lane at 8 p.m. and a second lane after 10 p.m.
• Westbound I-70 at Cave Springs, Sunday through Thursday, starting at 8 p.m. Crews will close one lane at 8 p.m. and a second lane after 10 p.m.
• Westbound I-70 at Route 79, Sunday and Monday, starting at 8 p.m. Crews will close one lane at 8 p.m. and a second lane after 10 p.m.
• The eastbound I-70 exit and entrance ramps at Cave Springs will close at 10 p.m. Monday
• Eastbound I-70 at Route 79, Tuesday through Thursday, starting at 8 p.m. Crews will close one lane at 8 p.m. and a second lane after 10 p.m.
• Westbound I-70 exit and entrance ramps at Mid Rivers Mall Drive will be closed at 10 p.m. Tuesday and Thursday.
• The eastbound I-70 exit ramp at Mid Rivers Mall Drive and the northbound Mid Rivers Mall Drive entrance ramp to westbound I-70 will be closed at 10 p.m. Wednesday.

All lanes and ramps will be open by 5 a.m. the morning following the closure.

The 2010 Legislative Session Comes to An End

Jefferson City, MO – Missouri House Republicans concluded a successful final week of the 2010 legislative session. House Speaker Ron Richard, R-Joplin, praised his colleagues for working diligently to secure passage of several key bills, including difficult budget cuts, provisions that seek to protect the sanctity of life and blocking efforts to increase taxes on Missouri citizens.

“I am extremely proud of House Republicans,” said Speaker Richard. “Missouri families have counted on our leadership through one of the most devastating economies in decades. While states around us are quickly sinking, we balanced the budget without raising taxes. Representatives in the Missouri House have made a positive difference in our state’s history during this very difficult time.”

House Budget Chairman, Representative Allen Icet, R – Wildwood, echoed the Speaker’s remarks and praised steps taken to balance the budget, despite rapidly declining state revenues.

“While many states across the nation are struggling to survive in our devastating economy, we made the tough decisions necessary to keep Missouri financially stabilized. It wasn’t an easy process, but we fulfilled our responsibility to the people of Missouri and created a bright future for our children and grandchildren,” said Representative Icet.

This session, the House passed several strong resolutions aimed at sending a clear message from the Missouri House to Washington DC politicians opposing Cap and Trade, Obamacare and Washington DC overreaching state sovereignty freedoms as stated in the 10th Amendment of the United States Constitution.

“Missourians sent us a clear message that they were sick and tired of big government mandates sent down to us from President Obama and Congress,” said Speaker Pro Tem Bryan Pratt, R – Blue Springs. “This session, we stood with Missouri citizens and passed a handful of resolutions that seek to liberate our people from the hands of the federal government and restore our freedom.”

Reforming ethics was announced as a priority for the Speaker and House members in January. The House passed the strongest ethics reform bill in the country last week, but the legislation was compromised in the Senate before the final bill passed today. The final bill included several strong House provisions, including anti-bribery language and the disclosure of campaign contributions.

“There were several provisions in the original House ethics reform bill that we would have liked to see in the final product, but we are very pleased with the bill that was agreed upon today,” said Majority Floor Leader Steven Tilley, R – Perryville. “When Missouri citizens elect us to office, they depend on us to operate with integrity and moral responsibility – and that is exactly what this legislation will help to ensure.”

Finally, the House took a large step to protect the sanctity of life through the passage of SB793.

“We are strongly urging the Governor to voice his position whether or not he will stand with us protecting the lives of the unborn by signing this bill,” said Speaker Pro Tem Bryan Pratt. “If the Governor chooses to sign SB793 into law, pregnant women seeking an abortion must be given the opportunity to view an ultra-sound and hear the heartbeat of their unborn child – hopefully choosing life,” said Speaker Pro Tem Bryan Pratt.

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 haven’t 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.

Protecting the Lives of the Unborn

Both Chambers passed SB793, seeking 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;
• The woman 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 woman must be provided information regarding the possibility of the abortion causing pain to the unborn child.
• The abortion cannot be performed until the woman 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.

Health Care Freedom Act: Opting Out of the Federal Plan

Missouri citizens are 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 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 our basic rights. Congress and the President have ignored the cry of the American people and they pushed their own agenda – leaving our citizens to pick up the expensive tab.

There is a fine line when it comes to government mandates, and Congress and the President have crossed that line. Even though no Republicans in the House voted for the bill, the Democrat majority found the votes they needed for it to pass. The federal health care bill costs approximately $940 billion, 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.

I have no direct influence over the actions of our President and Congress, but I do have a say when it comes to what we do in the Missouri House of Representatives to protect citizens from federal health care mandates. 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 on the floor of the House and approved it for final passage in early March. Now that’s 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 [HB1764] 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.

A majority of 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. The 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.

Urging Congress to Put a Stop to “Cap and Trade” Legislation

Cap-and-trade is a massive hidden energy tax being pushed by the President and Congress that will crush Missouri families, farmers, and businesses. In fact, the Wall Street Journal called it the “biggest tax in American history.” As energy rates rise, everyone who flips on a light switch or drives a car will be affected. This will act as a regressive tax, impacting those who spend larger portions of their incomes on energy and other necessities. If the bill passes, Cap Energy rates will rise exponentially. In fact, the Missouri Public Utility Alliance estimated that electric bills could increase by 82% by 2030— they stress that this is an optimistic estimate. Estimates vary, but one thing is clear: Cap and Trade will cost Missouri thousands of jobs and raise electricity rates on the average family hundreds, if not thousands, of dollars.

President Obama admitted that the legislation would cause electricity rates to “skyrocket.” ("When I was asked earlier about the issue of coal, you know, under my plan of a cap and trade system, electricity rates would necessarily skyrocket." Then Sen. Barack Obama, in an interview with San Francisco Chronicle Editorial Board, 1/17/08)

By supporting the cap-and-trade energy tax, Democrats have directly attacked Missouri’s two largest industries—agriculture and tourism—along with every business in the state. One version of the bill (H.R. 2454 in 2009) would have established a national building code for commercial and residential buildings, requiring a 30 percent reduction in energy use immediately after passage and an additional 50 percent reduction in energy use by 2014—meaning that bureaucrats in Washington will tell you how to build your house.

Republicans in the Missouri House of Representatives recently took a stand against Cap and Trade, sending a clear message to President Obama and Congress. House Concurrent Resolution 46, sponsored by Representative Doug Funderburk, passed out of both Chambers. HCR 46 opposes the Cap and Trade bill – urging Congress to stop their progress on the legislation and urges the Environmental Protection Agency (EPA) to put an end to the pressure they put on Congress and the President. We are also asking that the EPA rescind the recent decision made regarding the formal endangerment finding on greenhouse gases, seeing as the evidence was deemed to be flawed by the scientific community. It is imperative that we allow proven scientific measures and technological advances to help guide us in our environmental decisions. Direction to the federal government from the EPA should not be the sole source – especially when they try to control legislative objectives coming out of Congress that have harmful effects on our state and our citizens.

Just like the auto bailouts, the so-called stimulus bill, and the proposed government takeover of health care, the government is using ‘global warming’ as an excuse to assert more control over private business, industry, and on families – and in the Missouri House of Representatives, we won’t stand for it.

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 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 with overwhelming bi-partisan support. The bill sponsored by Representative Tim Jones, R—Eureka, 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. This legislation has gained wide-spread support throughout the state and on both sides of the aisle.

Providing Aid to Children with Autism in Missouri

Autism is a terrible disease that affects children and families across Missouri and across our nation. Unfortunately, the treatment for this disorder generally comes out of the pockets of the parents – many of which cannot always afford proper treatment for their child.

Republicans in the House and Senate have worked passionately for the past two sessions to craft a solution to the growing epidemic of Autism Spectrum Disorders and the lack of insurance-covered treatment for these individuals. Even insurance companies voiced support for a bill that would require insurance coverage for this treatment.

Over the summer, the Speaker of the House, Ron Richard, assigned an Interim Committee on Autism Spectrum Disorders chaired by Representative Dwight Scharnhorst. The Speaker tasked this committee to meet and work on a bi-partisan piece of legislation that gathered consensus between families with autism, autism advocate groups and insurance companies.

The work done by the committee was then passed to the Special Standing Committee on Health Insurance when session started. Chaired by Representative Kevin Wilson, this committee met constantly, working to further reach an agreement that would require insurance companies to cover the treatment of children with autism.

That work materialized into House Bill 1311, sponsored by Representative Dwight Scharnhorst. The bill passed through the House and Senate this session and includes the following:

• This bill balances both sides of the issue: the costs that a requirement for insurance coverage incurs to businesses along with the growing need for coverage for children with autism.
• Insurance companies would be required to cover children through 18 years of age and cover up to $40,000 in costs for treatment.
• The bill also cracks down to protect families in regard to who treats their children. In order to treat children with autism, providers must be licensed and registered by the state of Missouri.
• The bill has a provision protecting small businesses of 50 employees or less. If their rates raise more than 2% -- because of the autism coverage costs – that business can report that increase. If reported and deemed legitimate, these businesses will be granted the option of “dropping out” on the insurance requirement.

The passage of this bill was a great achievement for the General Assembly. The ability to aid children and families suffering from autism is something we are proud of and will continue work on. It is because of Speaker Ron Richard, Representatives Scharnhorst and Wilson and the work of our members on both sides of the aisle that this bill was passed.

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.

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 with the following provisions:

• Bidding Process: The Commissioner of Administration shall give priority to Missouri resident corporations, Missouri minority businesses, disabled veteran businesses, and cost savings measures such as data repositories and "Go Green" programs in its competitive bid processes. The act requires all bids administered by the office of administration to be subject to a competitive bid process.
• 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.
• 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.

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.

Purgason: Budget Woes Are Déjà Vu All Over Again

For the past couple of years, and especially this year, many of my columns have been written about the coming budget crisis that the state of Missouri faces if we are not able to get needed reforms into place to allow us to balance a state budget that does not come down hard on education and other state services. In dealing with the subject, it is a little like the movie Ground Hog Day where Phil Connor wakes up every day to February 2^nd regardless of what he does.

I have that same feeling when it comes to the looming budget crisis. In 2005, the state had reached a budget crisis. A large part of the problems causing this budget shortfall was the growth of Medicaid during the good times of the 90’s.

The state of Missouri had gone far beyond the minimum federal guidelines when it came to eligibility for programs. It was creating a budget crisis that had to be addressed. I was asked to carry the bill that reduced these programs.

Many of these programs were created in 1960’s and had not been updated or scrutinized for over 40 years. One the things we did was to sunset the entire Medicaid program so we could bring in a new system that was more up to date with the latest technology and health care delivery systems.

In other words, we ended the Medicaid program and then put a deadline on the General Assembly to work hard to design a new program. This is one of the most harsh, but effective, ways of getting politicians and special interests off their behinds to work together to come up with workable solutions to address major problems.

I have tried this same approach to tax credits. Tax credits have become an entitlement that never enters the budget appropriation process. These credits have grown to over $600 million per year of state revenue that flows to various tax credits programs that the legislature has deemed to be worthy of these taxpayer dollars. Some of the largest amounts of these credits go to developers and big businesses and corporations that hire many lobbyists that work the halls of your state capitol.

By putting sunsets on these tax credit programs, it would force the special interests and legislators to come up with a better way of approaching economic development.

What I have found out in trying to do that is that tax credit interests have more money to influence politicians than Medicaid recipients have. So while it is alright to sunset a program that takes care of people in wheelchairs and nursing homes, you better not touch a program that gives tax dollars to people who restore old buildings. This I have discovered is a political reality in Jefferson City.

I tried very hard to get these same sunsets on the tax credits that we now have but failed to do so. We did, however, accomplish the task of not passing any new ones at this time.

As our budget crisis grows, the need to reform these runaway costs to the state will build until we reach the point that either we address these issues or education and other areas of our state budget will feel the brunt of wholesale reductions while the top supporters of campaign donations continue to drive the taxpayers of this state to the poorhouse while the others live in the penthouse.

As always, I appreciate hearing your comments, opinions and concerns. I can be reached in Jefferson City at (573)751-1882, e-mail to chuck{dot}purgason{at}senate{dot}mo{dot}gov or by regular mail at 201 West Capitol Avenue, Room 420, Jefferson City, MO 65101.

Holsman: Top Two Priorities Pass the General Assembly

Dear Friends,

I'm pleased to announce that two of my top priorities in the House of Representatives have passed the General Assembly. House Bill 1848, the Urban Farming Bill, was truly agreed and finally passed on Thursday the 13th. Today, our final day of session, the language from the PACE bill which I originally sponsored as part of House Bill 2178, passed the General Assembly as an Amendment on House Bill 1692. I want to thank everyone who helped get this legislation passed. Below I've included two articles about the two bills and their passage.

As always, it is truly a pleasure to represent you in Jefferson City.

Warmest regards,

Jason R. Holsman

Urban Farming Bill Lands on Governor's Desk

Jefferson City, MO - With only one day left in the 2010 legislative session, the Urban Farming Bill, sponsored by Representative Jason Holsman (D - Kansas City), has been truly agreed and finally passed by both houses of the Missouri General Assembly. The long journey through the legislative process has been completed and House Bill 1848 is now awaiting Governor Jay Nixon's signature.

The bill, which was introduced by Holsman on January 27^th, creates a joint interim committee to study urban farming in the state of Missouri. The ultimate goal of the committee is to generate a report on urban agriculture and vertical farming that can be used as a template for both states and urban farmers to develop 'best practices' to be used to shape the urban agriculture industry.

"I am very grateful to everyone who drove down to Jefferson City to testify on behalf of H.B. 1848. There are a million ways for a bill to fail and only one way for it to pass. Many individuals on both sides of the aisle in both chambers helped shepherd this legislation to passage. I especially want to thank Representative Tom Loehner (R - Osage County), Chairman of the Agriculture Policy Committee, and Senator Jolie Justus, who handled the bill in the Senate," said Holsman "The results of this study can lead to more jobs for our citizens and could encourage the development of vertical farms and other forms of high-tech agriculture in Missouri."

Property Assessed Clean Energy Bill Passed

Jefferson City, MO - In a gesture of bipartisanship, Missouri State Representatives Shane Schoeller (R - Willard) and Jason Holsman (D - Kansas City) joined together to celebrate the passage of the Property Assessed Clean Energy (P.A.C.E.) legislation from the Missouri General Assembly. PACE would give municipalities statutory authority to start a program which would allow homeowners to make energy efficiency or energy generation improvements to their homes, which would be paid off over a set number of years by a surcharge on the homeowner's property assessment. The program would put workers in the construction industry - which has been especially hard hit in the ongoing recession - back to work installing improvements on properties. Since the costs involved would be borne by the homeowners participating in the program through their own property taxes, PACE would be self funding and wouldn't require any tax dollars. The language, which was contained in House Bill 1692, was attached on the bill in the Missouri Senate by Senator Joan Bray (D - St. Louis).

"The passage of PACE is a huge step forward for Missouri" said Holsman "this will create jobs and will help lower utility bills for Missourians who participate in the program."

"Implementation of PACE is a move in the right direction, giving the people of Missouri a method of overcoming the steep cost of energy saving renovations without increases in government spending or mandates," commented Rep. Schoeller, "equally as important, it keeps the progress of this program under local control where the people have a greater choice in the direction of energy efficiency and renewable energy programs, rather than well-intentioned bureaucratic programs."

Now that PACE has passed both houses of the General Assembly, it will be sent to the Governor's office before it can become Missouri State Statute.

Rupp: My History of Protecting Children

Perhaps the biggest impact I’ve had personally this session is legislation that would impact the lives of children. There is no bigger joy in my life than my two kids, and to think that anyone would want to allow any kind of harm to any of these young lives or jeopardize their future in any way is a very sad mark of our society.

That is precisely why it is up to government leaders to do everything they can to make sure our children and their future are safe, and why I never hesitate to use my power as a state senator to do what I can to provide protection for their fragile lives.

My most recent example is an amendment I successfully added to House Bill 1609, a judicial bill I believe has a pretty good chance of becoming law. My amendment basically says that if a child care provider has a pending criminal charge for child abuse or child endangerment, that provider cannot continue to provide child care services until the situation is resolved. It also sets the penalties for breaking this law, and it syncs the same restrictions faced by licensed day-care providers and applies it to unlicensed providers.

This may seem like a no-brainer to most of you, but there is a loophole in the law that unfortunately resulted in a sad consequence in our state. A Missouri family lost their three-month old baby while a daycare provider cared for their little boy. While the provider faced charges of involuntary manslaughter and abuse of a child resulting in death, the family was horrified to learn – as was I – that the unlicensed provider continued to care for other children. With the Senate’s full support of this amendment, I hope we can equalize this law and make sure this type of situation never happens again.

My record on protecting the well-being of children stands for itself. Just this session alone, I have continued to fight for pro-life legislation, autism spectrum disorder health care insurance, charter schools, and early high school graduation. Throughout the last few years, I have passed new laws to reform Missouri’s outdated harassment and stalking laws to protect children from cyber stalkers and increase penalties for adults that prey on children over the internet. I have also increased protections for our children against sexual predators and protected and improved important early intervention services for children with special needs. I want every Missouri child to have the bright and boundless future that they can make for themselves, and I will continue to support legislation that upholds that notion.

This passion might be the father in me, because when I’m faced with tough decisions, I just look around my office at the drawings or photos of my kids, and it never fails to bring clarity. Or maybe it’s the hundreds of children that come to visit me in the Capitol each and every year, who ask me what it takes to do my job.

Wherever that inspiration to protect children comes from, I’m glad it’s there, because it colors everything I do in Jefferson City.

Senator Scott T. Rupp’s Pro-Life Measures Sent to Governor

My pro-life measures, approved by the Senate in April, today passed the House and are now headed to the Governor’s desk.

Senate Bill 793 includes the pro-life provisions included in SB747 that he sponsored this session. These measures include language that prohibits any policies issued within the health insurance exchanges established by the federal health care bill from covering an abortion. The federal bill includes several provisions that threaten the lives of the unborn and would compel Missouri taxpayers to pay for abortion coverage if Missouri did not pass Sen. Rupp’s abortion opt out provision contained in SB793.

SB 793 also contains language that enacts new requirements for women seeking an abortion, such as viewing printed materials that detail the risk of an abortion and an opportunity to hear the unborn child’s heartbeat and view an ultrasound.

Today Missouri continued to be the leader on protecting Life by stopping the federal government from forcing our tax dollars to fund abortions through the federal health care bill,” said Sen. Rupp. “Coupled with ultrasound viewings and other pro-life provisons in the bill, this was a HUGE victory for Life and I am so blessed to have helped make this possible.”

Senator Rupp’s Accountability and Transparency Legislation Passes

My legislation that establishes a joint committee to protect federal stimulus funds from fraud, waste and abuse was adopted into House Bill 1965 and passed yesterday.

My original bill Senate Bill 757, designed to form joint committee made up of House and Senate members to provide oversight of the grants and contracts awarded by federal stimulus funds. The act would also require the governor to submit a daily report of all amounts held from the state operating budget to the Missouri Accountability Portal, as well as the expenses state employees or elected officials turn in for out-of-state travel.

After final approval from the Senate, the legislation would go to the governor for his signature before becoming law.

This bill basically says that as taxpaying citizens, we want to know where federal stimulus funds are going. We’ll make sure that every dollar is accounted for, and stop fraud, waste, and abuse before it happens. This legislation protects the taxpayer and provides governmental accountability.

Autism Insurance Reform Measure Sponsored By Sen. Scott T. Rupp Goes to Governor

Autism insurance reform, which I sponsored, passed the Missouri Legislature, sending legislation to the Governor that will provide coverage to thousands of Missouri families.

I’m very pleased that so many families will now get the coverage they have paid for and deserve. I am grateful for all of their support and encouragement as we continued this fight throughout the last few years. I cannot thank my colleagues in the Legislature enough for seeing the importance of this measure.

House Bill 1311 requires coverage for the diagnosis and treatment of autism spectrum disorders, including coverage for applied behavior analysis, for up to a maximum of $40,000 annually through the age of 18. The bill restricts health carriers from refusing to issue or renew coverage simply because an individual has an autism diagnosis.

By passing this legislation we have made significant improvements for the lives of families dealing with autism. Missouri's law now provides coverage for the therapies that get results, and has the only cost-of-living increase for those therapies in the nation. The people spoke, the legislature listened and our communities and families benefited. This is the way the system is supposed to work. We continued to make Missouri a leader for autism research, treatment and advocacy when this bill was passed on Wednesday.

With the governor’s signature, the measure becomes Missouri law on August 28, 2010, and affects polices starting January 1, 2011.

Senator Scott T. Rupp Hails Passage of “Health Care Freedom Act”

Missouri voters will now be able to make their voices heard on the federal healthcare bill, as the House has approved the “Health Care Freedom Act,” [HB1764] which puts the measure on the August ballot. I sponsored the bill in the Senate that includes the health care provision.

The “Health Care Freedom Act” says that, upon voter approval, no federal law will compel a patient, employer, or health care provider to participate in any government or privately run health care system, nor prohibit a patient or employer from paying directly for legal health care services.

Instead of just sitting back and allowing the federal government to force us to join a health care plan and penalize Missourians for making certain health care choices, this will allow our citizens to vote on the issue. I think the passage of this measure reaffirms the values of our democracy in that it allows the voters of our state to choose what they want for their health care.

I took an oath to protect and defend the constitution and to protect the rights and freedoms of all Missourians. I am proud to have been the Senate handler of this very important legislation that fulfills that oath.

As always, if you have any questions about this week’s column or any other matter involving state government, please do not hesitate to contact me. You can reach my office by phone at (866) 271-2844.

Carter: End of Session Newsletter

It's hard to believe that this legislative session is over. It's been a very busy couple of weeks and the House has passed lots of legislation, some good, some bad, and some very controversial. I have included an overview of the legislation below.

I will be back in St. Louis on Monday, May 17, so please feel free to contact me in the district. My assistant Cheri, will be in the Capitol office, so please feel free to contact her there as well.

Once again, this is a pretty lengthy newsletter, but there was a lot of information to share:

1. State Budget Fails to Deliver Financial Stability
2. State Releases April 2010 General Revenue Report
3. Missouri House Finally Approves Autism Insurance
4. House Shows Less Activity in 2010
5. House Floor Actions
   1. Wide-Ranging Ethics and Elections Reform Bill
   2. Reduce Cost of Some Intrastate Long DistanceCalls
   3. Improve Efficiency and Generate Additional Revenue
   4. Expanded Public Notice of Certain Meetings Given Final Approval
   5. Protect Mental Health Workers Moves to Governor's Desk
   6. Allow Pharmacies to Refuse to Sell Certain Drugs
   7. Create Girl Scout Day
   8. State Budget Finalized
   9. Prompt Pay Legislation Signed into Law
   10. Clarify Sales Tax Laws Receives Final Approval
   11. Protect a Mother's Rights to Defend Her Unborn Child
   12. School Funding Bill
   13. Business Premises Safety Act
   14. Improve Care for Child Victims of Sexual Abuse
   15. Establish Women's Heart Health Program
   16. Allow Gamblers to Use Casino Chips for Food and Drinks
   17. Create Silver Alert System
   18. House Members Pays Tribute to Veterans
6. Other State Happenings
   1. Supporters of Four Ballot Measures File Petitions
   2. State Revenue Collections Go From Worse to Bad
   3. Tourism Commission Won't Fund Tour of Missouri
   4. Missouri May Soon Have Nation's Lowest Cig Tax

Gatschenberger: Legislative Accomplishments, O'Fallon Makes The List, Town Hall Meeting Approaches

Representative Brian Nieves (R) (pictured), Representative Jim Guest (R) and I combined our State Sovereignty Bills HCS 25, 29 & 39 to fight for choice in healthcare

A hard-fought victory for individual choice in health care was earned late yesterday afternoon when we took the final bold step for the General Assembly and "truly agreed and finally passed" the Missouri "Health Care Freedom Act," a measure in response to the recent passage of the federal health control bill commonly referred to by the media as "ObamaCare."

The act was attached to a comprehensive insurance bill, House Bill 1764, and prohibits any federal law from interfering with an individual's health care freedom and liberties—if approved by Missouri voters.  According to the bill, the Health Care Freedom Act will be placed before voters on the August 2010 ballot, and if approved, no federal law can force a patient, employer, or health care provider to participate in any government or privately run health care system in Missouri.  Here is our first chance to tell the federal government not just no… but HELL NO on their push to have us become a full socialist government.

This legislation simply protects the rights of Missourians to choose their own health care products and services without fear of facing fines or imprisonment.  It does not reject any federal health care option, nor take away an individual's choice to participate in the federal health care plan.  The measure expands options, not limits them.  I am proud to help lead Missouri's push-back on this intrusive, costly mandate from Washington, D.C, and eager for Missourians' voices, which have for so long been denied, to finally be heard at the voting booth.

This bill will also protect small businesses from burdensome requirements.

In this economy, we cannot push ineffective, wildly expensive mandates on our businesses and then expect economic growth.  This unprecedented order from the government placed upon individuals and businesses to buy certain products and services must be stopped."

After passing the House by a vote of 108-47, HB 1764 now moves directly to the Office of the Secretary of State due to the referendum contained in the measure.  Our Health Care Freedom Act is being emulated in 42 other states.


Representative Ed Emery and I worked together to regulate sexually oriented businesses.

House members approved legislation that would regulate sexually oriented businesses in Missouri. Handled in the House by Representative Ed Emery, (R-Lamar), SBs 586 & 617 would bar nude activity and restrict semi-nude activity within sexually oriented businesses.  It would also ban the use, sale or consumption of alcohol within such businesses.  In addition, the legislation would prohibit adult establishments from operating between the hours of midnight and 6 a.m., and bar anyone younger than 18 from being on the premises at any time.  The House approved the legislation by a vote of 118-28.

O'Fallon, St. Louis Named in Top 100 Places to Live

2010 marks the 13th year of RelocateAmerica releasing its annual list of America's "Top 100 Places to Live." The focus this year was on communities poised for recovery and future growth. The editorial team discovered communities with strong local leadership, employment opportunities, thriving community commitment, improving real estate markets, growing green initiatives, plentiful recreational options and an overall high quality of life. O'Fallon has been on RelocateAmerica's Top 100 list for the past four years. This is the first time St. Louis has made the list. Read more…

Please be my guest!

What:  Town Hall Meeting
When:  May 19
Where:  Lake St. Louis City Hall, 200 Civic Center Drive
Why: Larry Schepker, Director of House Appropriations, will present the 2011 State of Missouri Budget and answer questions regarding reductions in funding.

Representative Brian Nieves will be speaking on what is happening with our State Sovereignty.

I hope to see you there!

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

Important Ethics Reform

House Passes Strongest and Most Aggressive Ethics Reform Bill in the Country

This week, we voted to pass a very aggressive ethics reform bill through a House Committee Substitute for SB844.

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. 

Ethics reform became a top priority when in 2009, Democrats in the legislature were convicted of various crimes involving political and personal issues and accusations of vote-buying were leveled at Governor Nixon's staff.

On the first day first day of session this year, Speaker of the House, Ron Richard, R – Joplin, committed to bringing a bipartisan, comprehensive ethics reform bill to the floor that worked to stop unethical behavior in the House and in all publicly elected offices across the state.  This week, we came through on that commitment by passing SB844.

The House Committee Substitute for SB844 contains the following provisions that help to ensure ethical behavior:

• Bribery of Elected Officials: The Governor or anyone acting on his behalf shall not make any offer or promise of an appointment to any position in exchange of a legislator's vote.  Any member who accepts a bribe is guilty of the crime acceding to corruption.  Any bribe on any level will not be tolerated.
• Elected Officials as Lobbyists: No member of the General Assembly shall serve as a lobbyist for two years after the conclusion of their last term in the General Assembly, which is the same provision found on the federal level.
• Felony Benefits: Any elected official who is found guilty or pleads guilty to a felony will immediately forfeit all benefits from the state.
• Transparency in Appointments: For every appointment made by the Governor, Speaker and President Pro Tem of the Senate, information shall be publicly disclosed of the appointee and the amount of any contribution they have made to any campaign or candidate committee for a period of four years prior to the date of the appointment.  This will also apply to the spouse of the appointee or any business where the appointee holds a substantial interest.  Appointments should be made solely on merit, not on campaign contributions.
• Lobbyist Gifts: No elected Missouri official shall accept a gift from a lobbyist in excess of $2,500.00 dollars per year.  Honorarium gifts shall not count against the total.  Items having a value of less than ten dollars do not count against the total.
• Campaign Contribution Limits: The limit on campaign contributions is raised to $20,000.00 per year.
• Committee to Committee Transfers: No person shall transfer campaign funds from committee to committee with the purpose of concealing the donation source.  Punishment for the first violation is the funds must be returned; the second violation is a Class C misdemeanor; for the third and subsequent violations the person transferring the funds is guilty of a Class D felony.
• Donations from Appointees: An elected official cannot use the power of their position to leverage campaign donations.  Therefore, no statewide office holder shall accept any donation from any person whom the office holders appoint to a position with the advice and consent of the Senate.
• Joint Committee on Ballot Statements: Establishes the Joint Committee on Ballot Statements to prepare and review ballot summary statements for al petitions and referendums submitted to the voters by either the General Assembly or the petition process to ensure that political games are not played with the writing of language for amendments.  This gives Missouri voters a clear understanding of what they are voting on.
• Special Election for Statewide Vacancies: This legislation requires the Governor to call a special election for any vacancy in statewide office happening during the term of a statewide office holder.  That way, Missourians can have a voice in who their statewide elected officials are in times of vacancies, rather than the Governor appointing these positions.
• Drug Testing of State Elected Officials: Requires all state elected officials, members of the General Assembly, leadership staff and Gubernatorial department heads to be drug tested.
• Early Voting: Requires each election authority to create one advance voting center in each senatorial district and allows any registered voter to vote early.  This allows for greater access and participation in the voting process.
• Photo ID Requirement: Requires individuals to show a photo ID when voting on Election Day.
• Fee Office Reform: Requires the Department of Revenue to use only county collectors, treasurers or city collectors as fee office agents.
• Lawsuits on Behalf of the State: Allows the Governor, Lt. Governor, Speaker of the House, Speaker Pro Tem of the House and President Pro Tem of the Senate to file a lawsuit defending the constitutional rights of Missouri residents and to bring the suit in the name of the State of Missouri.
• Secret Ballot Guarantee: Guarantees the right to vote by secret ballot in elections involving the formation of a union or a labor organization.
• Political Activity Dues: Union dues may not be used for any political activity if designated as not for political uses by the member contributing the dues.  This provision also adds a $10,000 fine per violation and a Class D felony.

As your state representative, I have a large amount of respect for you – my constituent – and it is my responsibility to act in an ethical manner.  I understand my responsibility to act with integrity and take it very seriously. 

The provisions in SB844 work to ensure this behavior with members not only in the House of Representatives, but on a state-wide level.

Our State Capitol and legislative process was founded by men and women who had a deep reverence for the state of Missouri.  Their intentions, written into the stone in the House Chamber, are clear: Honor, Truth, Virtue and Equality.  You can be certain that these virtues are being sought after by House Republicans.

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

Blink, Blink, Blink… watch for lightning bugs on warm evenings this month.

The Stork is in the forest!  Skunks and Fawns are born through late June and Opossum young begin emerging from the female's pouch

Session ends today at 6:00 pm. I will now be able to spend more time in the district and I look forward to seeing more of my constituents and my family.  You will still be able to reach me through my Capitol office… so don't hesitate to contact me if I can be of assistance.

Nodler: Thank You for the Opportunity to Serve

The close of the 2010 legislative session brings with it the end of my final term as your state senator. For eight years, I have been honored to serve the 32nd Senatorial District and I feel proud of the accomplishments that have been made. The Senate has been an enjoyable place to work, and I have truly appreciated this chance to continue my time as a public servant.

I was first elected to the Missouri Senate in 2002. This was a particularly important time for the state Legislature due to the advent of term limits. Voters approved an amendment to the state’s constitution in 1992 limiting the years a legislator may serve in the General Assembly. The amendment excluded from term-limit calculations any legislative service initiated before the amendment’s effective date. During my first two years in the Missouri Senate, I had the privilege of being able to serve with some of these experienced legislators. This experience of working with and learning from some of Missouri’s best lawmakers truly enriched me as a senator.

The pace and attitude of the Legislature today is certainly different than when I began my service, but the strength of the Missouri Senate continues to lie in the people who make it function. This includes my 33 current colleagues as well as the many senators who have worked with me throughout the past eight years. Of particular mention, I would like to thank Barbara Mustoe, who has been a part of my staff since I began in the Senate and remains a stabilizing force in my Capitol office. Jake Heisten, who began in my office in 2006, has done a great job in the district during the past year. There are also the many Senate departments and staff to highlight, including research, appropriations, communications, caucus staff, and so many more who have made serving in the Missouri Senate a joy.

Most of all, the people to thank for my years of service are you—the people of the 32nd District. You are the ones who have motivated and inspired my work. There were so many times during my Senate career when I have been proud of the many generous, dedicated, and accomplished constituents in our communities. The 32nd District is my childhood home, and I believe it includes some of the best citizens in this state. Thank you, my neighbors and fellow citizens, for giving me the opportunity to serve you.

As I pass the torch on to the next senator for the 32nd District in 2011, my office in Jefferson City remains open to take your phone calls and respond to your correspondence. During the interim, I will continue these weekly columns and will issue news releases as events and items of interest arise.

Kander: Statement regarding passage of ethics reform bill

This bill [SB844] represents an improvement over current law, but I will not declare victory over corruption when we have merely tip-toed into the fight. I voted today to limit political money laundering, outlaw the obstruction of ethics investigations, and expand the powers of the Missouri ethics commission.

However, I’m disappointed that we missed an important opportunity to restore campaign contribution limits, to prohibit lawmakers from working as political consultants for one another, to close the revolving door between legislators and lobbyists, or to disclose potential conflicts of interest. That is why I whole-heartedly support the comprehensive, bipartisan ethics bill passed by the Speaker’s special committee on ethics. As I said when I filed a bipartisan proposal last year, my bill alone cannot tackle the ever-evolving and wide-ranging problem of public corruption.

There is lots of work remaining. I will continue my efforts to advance true, comprehensive ethics reform to a vote in the next legislative session.

Kander: Town Hall Meeting Tomorrow

When: Saturday, May 15th, from 11am to Noon.

Where: Broadway United Methodist Church (Fellowship Hall), 406 W. 74th St. KCMO 64114

RSVP (appreciated but not required):
jason{dot}kander{at}house{dot}mo{dot}gov or 573 751 2437

The legislative session comes to an end today. I can’t wait to tell you about it.
Bring your questions, comments, and concerns. I look forward to seeing you tomorrow.

Schupp: Autism Bill Passes! Awaiting Governor's Signature!

Exciting news from the Capitol!

The long anticipated Autism Insurance Coverage legislation (HB 1311 and 1341) was Truly Agreed to and Finally Passed today, having made its way through the Joint Conference Committee where differences between the House and Senate versions of the legislation were worked out. Governor Jay Nixon has pledged to sign the bill into law. This reform will allow families to receive much needed care for their children with autism. DIagnosis and treatment can be life-changing.

You read about the Sham "Ethics "legislation [SB844]. Today, there is hope that within the next two (final) days of session, actual ethics legislation might be resurrected, making its way back to the House for consideration. Those of us who support true Ethics reform are looking for some meaningful campaign contribution limitations. It has been almost two years since contribution limits were completely eliminated in Missouri. Prior to that, a maximum contribution of $325 per candidate per election cycle was the limit. Closing the revolving door that allows a legislator to immediately transition to becoming a lobbyist, and ending the practice of money laundering through committee-to-committee transfers are moves in the right direction. I look forward to letting you know about the status of this legislation in the next issue.

Nance: The Final Week

“Session will end on Friday at 6:00 pm. I will be able to spend more time in the district and will look forward to seeing more of our constituents and my family.”

The Missouri House gave approval Tuesday to a measure [HB1764] that will appear on the August ballot stating that people and employers cannot be compelled to have health insurance nor be penalized for paying for health care out of their own pocketbooks.

The issue would reverse the federal health care law signed earlier this year. It requires most Americans to have health insurance or face fines beginning in 2014. But the legal impact of the state measure is questionable, because courts generally have held that federal laws trump those in states.

Laws have already have been enacted in Arizona, Idaho and Virginia, and proposed state constitutional amendments are to appear on the November ballot in Arizona, Florida and Oklahoma.

Missouri's vote will occur the same day as its primary elections and will be the first such state referendum since passage of the federal health care law in March.

Senators passed the measure 26-8 last week. The House passed it 108-47 Tuesday, with Democrats joining majority party Republicans in support of it. Because the legislature pushed the measure to the ballot, it will bypass the desk of Gov. Jay Nixon.

HB1311, the Autism Bill, passed out of conference and will become law after the Governor’s signature is added. The act sets forth a yearly $40,000 coverage limit for autism spectrum disorders. Coverage under the act is limited to treatment that is ordered by the insured's treating licensed physician or licensed psychologist, in accordance with a treatment plan. This bill was in the making for the last three years and it is time to cover these children and the disorder that affects so many.

In the District

I have mailed most of the district directories to constituents, but will be hand delivering approximately 3000. I did deliver 500 last week end. If you are concerned about not receiving one, please call and I will deliver one promptly.

Roorda: Autism Legislation Passed, Filibuster Warning on "Unethical" Bill, Storm Recovery Help From 2008 Still Available

As everyone at the Capitol is getting ready for the end of session, some of the most important bills we're working on are still waiting to be passed. Thirty-one bills have been sent to the Governor's desk so far, with the exception of budget bills. These bills impact important, less controversial, issues like the prompt payment of health insurance claims and safety in mental health facilities. But none have dealt with Governor Nixon's legislative priorities as mentioned in his State of the State address like ethics reform, strengthening drunk driving laws and the autism insurance mandate. Bills dealing with these issues are still being debated, and pressure is increasing to reach our goals before the legislative session ends. The General Assembly did accomplish its main goal of approving a balanced budget by the constitutional deadline of May 7^th. However, parts of this budget rely on funds that would be made available by bills that haven't been passed yet. The constitutional deadline for all bills to be passed by the General Assembly is May 14^th at 6pm.

Autism Insurance Coverage Bill Truly Agreed and Finally Passed

The Missouri House of Representatives passes House Bill 1311 & 1341, the Autism Insurance Coverage Bill.  The bill now awaits the signature of Governor Jay Nixon who has pledged to sign the bill into law.  Watch for this week's newsletter for more details on this landmark legislation to extend coverage to children with Autism.

Read the St. Louis Post Distpatch Article: Missouri Legislature Approves Autism Insurance Mandate

Read the Associated Press Article: Autism Insurance Mandate Passes Mo. Legislature

Senate Leaders Warn of Filibuster on House Ethics Bill

[link to original article]

By Chad Livengood ~ Springfield News-Leader

JEFFERSON CITY - A controversial ethics reform bill [SB844] House Republicans crafted and passed in the matter of a day last week has "constitutional problems with multiple subject matters," Senate President Pro Tem Charlie Shields said Monday.

"It was a very far-reaching bill," Shields told reporters Monday night. "It went way past ethics."

The bill was chocked full of provisions that have nothing to do with the ethical behavior of elected officials, such as mandating a secret ballot voting system for creating a union - a poke in the eye to Democrats and their cozy relationship with labor unions.

Stopping short of saying the legislation was dead on arrival, Shields said the 66-page bill has a lot of problems that may not be fixable in the final four days of the legislative session.

"We'll try to send it back to conference, but I don't know that we'll be successful in that effort," said Shields, R-St. Joseph.

The state constitution prohibits legislation from dealing with multiple subjects that don't match the title.

Getting the bill to conference committee could be blocked by a filibuster of the bill by Senate Democrats, an issue House Republican leaders didn't plan for, said Sen. Kevin Engler, R-Farmington.

"It didn't occur to them that (Democrats) could filibuster the motion to go into conference," Engler said of House Republican leaders. "I said, 'how do you think the minority's going to let us take it up?"

Engler has repeatedly noted this session that the Senate rules don't have the luxury of cutting off debate from the minority Democrats like House Republican leaders can do very quickly.

"Over here, it's not that easy - you just go say, 'OK, we're going to go to conference,'" Engler said.

Shields said he will make a motion on the Senate floor Tuesday to send the ethics bill to a conference committee of senators and representatives to negotiate a compromise.

If the bill can get into conference, Shields said, it would need to be scaled "way back and get it closer to what came out of the Senate. But we've got to get it to conference first."

Read the May 11th Article in the St. Louis Post Article

Read the May 11th Article in the Kansas City Star

Millions of Dollars in Long Term Recovery Help is Still Available for Missourians Impacted by 2008 Flooding, Tornadoes and an Ice storm

Eligible residents affected by presidential declared disasters are urged to apply

JEFFERSON CITY, Mo. - The State Emergency Management Agency announces financial assistance is still available for eligible Missouri residents impacted by five presidential declared natural disasters that struck Missouri in 2008. SEMA is managing a $12.2 million U.S. Department of Health and Human Services long term recovery grant for Missourians impacted by three flooding events, a series of tornadoes in southwest Missouri and an ice storm in southern Missouri, all of which occurred in 2008.

"In some cases two years after the disaster hit, Missouri families are still struggling to pay bills and clean up their properties and make necessary home repairs," said Gov. Jay Nixon. "This important financial assistance helps eligible citizens rebuild, repair or replace their damaged homes and helps communities provide a boost to local workers, contractors and merchants. I urge everyone who is eligible to apply for this valuable assistance."

Residents are eligible to apply for help if their home was destroyed or sustained damage as a result of a 2008 presidential declared disaster for Missouri and they have remaining unmet needs from that disaster. The long term recovery grant covers the following presidential declared disasters:

• Feb 10-14, 2008 ice storm in southern Missouri
• March 17-May 9, 2008 floods in southern and eastern Missouri
• May 10-11, 2008 tornadoes in southwest Missouri
• June 1-August 13, 2008 floods in many parts of Missouri
• Sept 11-24, 2008 floods in many parts of Missouri

Funding from the grant, which is called a Social Services Block Grant Disaster Supplemental (SSBG), is already assisting more than 100Missouri families to move out of residences in floodplains, replace destroyed mobile homes and to make structural or foundation repairs.

SEMA has already spent or obligated more than $3.5 million of the grant, which was secured by the Missouri Department of Social Services. According to federal requirements, the entire grant must be spent helping families impacted by the 2008 disasters before December 31, 2010. The grant will be distributed across Missouri, since the entire state has been declared eligible for assistance by the U.S. Department of Health and Human Services.

"I encourage eligible residents to apply to their nearest Long Term Recovery Committee for assistance. Eligible families will be working with a trained long term recovery case manager for their entire home recovery project," said SEMA's Statewide Volunteer Coordinator Dante Gliniecki.

A complete list of the Long Term Recovery Committees is posted on SEMA's homepage: www.sema.dps.mo.gov. Click on the link marked "Long Term Recovery List." Residents directly affected by these disasters who do not live in an area with a Long Term Recovery Committee should contact Chelle Haynes, SSBG grant and budget administrator at (573) 526-9233 or chelle{dot}haynes{at}sema{dot}dps{dot}mopublic{dot}org. She will refer residents to the casework supervisor for their area.

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.

Joe Smith: Autism Legislation Receives Final Legislative Approval

JEFFERSON CITY, Mo. – State-regulated group insurance policies will be required to provide coverage for children with autism spectrum disorders under legislation approved by the Missouri General Assembly on Wednesday. Rep. Joe Smith, R-St. Charles County, supported HB1311 & 1341, which was approved in the House by a vote of 144-16.

The bill would require state-regulated health insurers, which make up approximately 40 percent of the market, to cover autism spectrum disorders. Included in that would be coverage for therapy known as “advanced behavioral analysis”, or ABA. ABA is widely regarded as the most effective method of treating autistic patients. The final version of the bill caps treatment for ABA at $40,000 annually for children up to the age of 18. The cap also includes a three-year Cost of Living Adjustment.

“This is a huge step forward for the many Missouri families struggling to provide care to their autistic children. These life-altering therapies can cost tens of thousands of dollars and many families simply cannot afford them. The bill we passed will give many families the health insurance coverage necessary to obtain these therapies and, as a result, dramatically improve the quality of life for children with autism,” said Smith.

Smith said the bill also includes protections for small businesses in the event their insurance premiums increase dramatically as a result of the legislation. HB 1311 & 1341 would provide an exemption to businesses with 50 or fewer employees that show the mandate increased their premiums by at least 2.5 percent compared to the previous year.

The Missouri Senate also approved HB 1311 & 1341 on Wednesday. The bill now moves to the governor’s desk to be signed into law. Once signed, the bill will take effect Jan.1, 2011.

Rep. Joe Smith Supports Equalization of Access Missouri Scholarships

Jefferson City – The Missouri House of Represetatives gave final approval Wednesday to a bill that would change higher education scholarships for Missouri students. SB 733, handled in the House by Rep. Gayle Kingery R-Poplar Bluff, was passed by a vote of 149-5. Rep. Joe Smith, R-St. Charles, spoke in favor of the bill on the House floor.

“It’s been a really tough road to come up with some kind of compromise between all of the universities,” Rep. Smith said. “I think we did an outstanding job here.”

The bill would affect both the Access Missouri and Bright Flight scholarship programs. First, the bill deals with the discrepancy between scholarship money available to private and public school students through the Access Missouri program. Under current law, students who choose to attend private schools are eligible to receive $4,600 in Access Missouri scholarships, while those who attend public schools can only receive $2,150. SB 733 would provide any student attending a four-year higher education institution with a maximum of $2,850. These changes would go into effect during the 2014-2015 academic year.

SB 733 would also modify the Bright Flight scholarship program. Most significantly, SB 733 would ensure that the top three percent of Missouri ACT or SAT test-takers will receive $1,000 awards prior to any student in the top fourth or fifth percent receiving an award. If funding is sufficient after these scholarships are awarded, students ranking in the top fourth or fifth percent may receive $1,000 awards as well. In addition, the bill addresses students who elect to join the armed forces. These students who qualify for a Bright Flight scholarship may defer their award and receive it at a later date, as long as they return to full-time student status within six months of the end of their military service.

Rep. Joe Smith Presents Fisher House with Resolution

JEFFERSON CITY, Mo. – Rep. Joe Smith, R-St. Charles, presented representatives of the Fisher House with a resolution today at the Capitol, observing May 12 as “Fisher House Day.” The Fisher House offers free lodging to the families of patients seeking treatment at the St. Louis VA Medical Center during their stay.

“The Fisher House provides an invaluable service to military families during trying times.” Rep. Smith said. “For the families that wish to be by their loved ones bedside, it is very important to have a place to stay, and to be with other families going through the same difficulties. The Fisher House provides an atmosphere for families to provide support to one another, and that’s a great thing.”

The Fisher House is funded through donations and there is no charge for families to stay at a facility. The organization estimates the St. Louis Fisher House with provide 73,000 nights of free lodging to family members of hospitalized veterans and military members in its first 10 years.