Brandom: Important Legislation Interview and Census Information

The following text is from an end of session interview with the Sikeston Standard Democrat that highlights many important issues addressed this past legislative session. [abstract of original article]

By Scott Welton
scottw{at}standard-democrat{dot}com

SIKESTON — Like every legislative session, the Missouri General Assembly was able to accomplish some important objectives while others weren’t achieved before adjournment Friday.

“I think without question the budget was the most important legislation this session,” said State Rep. Ellen Brandom, 160th District. “Of course, it was
more important than ever this year.”

Brandom said crafting a budget was particularly difficult this year as money had to be cut from many program.

“That’s always tough to do,” she said. “It deserved a lot of time and attention.”

Brandom said while the budget preparation was a time consuming endeavor this session, it is likely to be even worse in 2011.

“The budget next year is going to overshadow everything,” she predicted.

Foremost among what many consider to be unfinished business during this session was a jobs creation bill. [HB1675]

“I think many of us were disappointed we didn’t pass any economic development legislation,” Brandom said.

Brandom said she was also hoping to see the mandatory drug testing for welfare applicants pass. [HB1377]

“I will go back with that next year,” she said.

One item that was passed but in a less-than-satisfactory form was an ethics reform bill.

“I thought the ethics bill was important,” said Brandom, who was on the House Ethics Committee. “I was disappointed that it was not the bill that the committee put forth. It was sidetracked by a legislative maneuver and, at the last minute, another ethics bill appeared. It was not nearly as comprehensive as the committee report was. We had we spent hours and hours on it.”

Brandom described the ethics bill which was approved, Senate Bill 844, as “a watered-down version, a much weaker bill than the ethics bill that came out of our committee. There were some improvements but not as much as many of us would have liked.”

She said legislators should not be allowed to offer consulting services while serving in office and regrets this restriction didn’t make it into the version that finally passed. “That was my No. 1 priority,” Brandom said.

There were some bright points, however, to the 2010 legislative session, according to Brandom.

“I think one of the good things that passed was changes to Access Missouri scholarships for needy students that are attending two year or four year
Missouri colleges and universities,” she said.

Currently, students at private schools are eligible for larger scholarships. Under the changes approved in Senate Bill 733, “its the same amount of money regardless of where you are going to school,” Brandom said.

Brandom said she was also pleased to see the bill addressing Autism issues, House Bill 1311, pass.

“Autism prior to this time was not covered by health insurance.”

Under this bill’s provisions, group insurance policies regulated by the state must cover the diagnosis and treatment of autistic children including up to $40,000 per year for behavioral therapy.

“Children with autism who receive help when their young can make great strides,” Brandom said.

Brandom described Senate Bill 793 as “pro-life legislation” as it requires additional information to be given to women 24 hours before an abortion including the option to view an ultrasound and listen to the heartbeat of the fetus.

“We don’t want women to be forced into an abortion if its not what they really want,” Brandom said.

Brandom said she was also happy to see House Bill 1764 pass. This bill gives the state’s voters a chance to pass a referendum in August which would exempt Missouri from being compelled by the federal health insurance mandate to have health insurance and from penalties for paying for their own health care.

The state should be able to regulate health care itself, she said, “and citizens should be free to make their own decisions about health care without any penalty.”

Some information for this story was provided by the Associated Press.

Urgent Call to Action

As many of you know we are in the middle of a census count. Unfortunately, the Missouri response rate has been extremely poor in rural areas. If this underperformance continues its present course, our state may lose a representative in the United States Congress and an electoral vote in the presidential election.

I would like to encourage all of you to return your census form and remind your neighbors to do the same.

If you did not receive a form or have misplaced it you can call the Kansas City regional office to request a replacement form at 1-866-872-6868.

This is a very important issue that will have a tremendous impact on the future of our state.

On a personal note, I wanted to thank everyone who visited my office during this past session. It is always a pleasure to have friends, neighbors, and constituents visit.


The Sikeston Jaycees were presented a resolution in the Missouri House of Representatives to honor their tireless dedication to the Sikeston community and support of charities. In the last ten years they have given over 1 million dollars to a number of local charities.

Pictured are Paul Myers the State Jaycee’s President, Ryan Merideth the 2010 Jaycee’s President, Matt Matthews the 2009 Rodeo Chairman, Barry Johnson, Sam Thomas, Bart Ziegenhorn, Brandon Kuehn, Zac Black, Patrick Douglas, Matt Drake, Jason Pounds, Marc Leible, Matt Bain, and Representative Ellen Brandom.

As always, please contact me if you have questions on this or any other issue. My toll-free number is 866-834-9219 or you can email me at Ellen{dot}Brandom{at}house{dot}mo{dot}gov

Nodler: A Successful Session

The 2010 legislative session concluded on May 14 with a flurry of activity. More than 1,800 bills and resolutions were introduced during the 2010 legislative session, but just 32 Senate bills and 74 House bills were passed by the Legislature and sent to the governor. Still, several priority pieces of legislation were completed in the final days of the session.

Expanding Informed Consent

I am proud to be a co-sponsor of Senate Bill 793, legislation that contains provisions that modify Missouri’s informed consent requirements. The bill makes sure that pregnant women receive information and have time to process their options when considering an abortion. Provisions include, at least 24 hours prior to an abortion being performed, providing information on the emotional and physical risks of the procedure 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, at least 24 hours prior to an abortion, an active ultrasound of the unborn child and hear the heartbeat of the unborn child, if the heartbeat is audible. This is an important pro-life measure that will protect the unborn in our state.

A Better Lending Environment

Another measure that passed this session was my Senate Concurrent Resolution 33. The resolution discourages the federal government from continuing to harshly regulate our community banks. Small business owners throughout the country are being turned down because federal regulators are discouraging banks from making loans. It puts our small business owners in a bind because they are unable to expand or hire new employees without having cash on hand. SCR 33 encourages Congress to give local banks the right tools to start lending again and makes Missouri’s support for better access to credit clear.

Protecting Our Outdoor Resources

Senate Concurrent Resolution 55, which passed during the final hours of session, encourages the federal government to voice support for recreational fishing. In June 2009, the President created the Interagency Ocean Policy Task Force, which was charged with drafting a national ocean policy and developing a framework for marine spatial planning for conserving and managing national waterways. Concerns arose when preliminary interim reports omitted responsibly regulated recreational fishing as a key activity for national waterways. SCR 55 urges the President to include recreational fishing and boating as national priorities in the final report and to ensure and promote recreational fishing.

Strengthening Auto Insurance Laws

A measure I drafted to protect Missouri drivers was included in Senate Bill 583 this year. The legislation was motivated by a Jasper county resident who was hit by an Oklahoma driver in Joplin. The driver, who caused serious damage in the accident, was uninsured, but based on current law, police could not cite the out-of-state driver. The provision that was passed by the Legislature requires non-residents to adhere to the financial responsibility laws of their state of residence and gives law enforcement officials the ability to take action. We need to make sure that uninsured drivers, regardless of their residency, are held responsible in Missouri.

Just like any other legislative session, this one was filled with challenges, but I am pleased with the success of these measures. A full list of truly agreed bills is available online by clicking here, and I will continue to highlight these and other bills that will improve our state throughout the interim in these weekly reports.

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

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

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

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

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

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

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

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

Drink. Drive. Go to Jail.  Really?

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

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

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

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

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

Final Ethics Reform Bill a Modest Improvement Over Existing Law

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

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

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

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

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

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

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

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

Merger Made In Heaven

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

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

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

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

K2 Ban Bill Sent to Governor

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

To Read the KPLR story click here.

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

Nance: Monsignor Retires, Session Recap

Pictured above, Lawson resident Bob Lammers' brother, Monsignor Donald W. Lammers led the House in prayer for many years before retiring last week.

Below is a report by House Communications on the last week of session.

2010 Legislative Session Concludes

With the bang of the Speaker's gavel, the 2^nd Regular Session of the 95^th General Assembly came to a close at 6 p.m. Friday. Members of the Missouri House engaged in the traditional paper-toss, clearing their desks of documents accumulated during a session that resulted in the passage of 74 House bills and 32 Senate bills.

After the papers settled, legislative leaders met with the press to discuss some of the priority legislation approved by the House and Senate. Bills now on their way to the governor's desk to be signed into law address issues such as ethics reform, insurance coverage for autism, strengthened DWI penalties, new regulations for sexually oriented businesses and additional informed consents requirements for abortion.

Ethics Reform Package Receives Final Approval

On the final day of the legislative session, the Missouri House gave final approval to an ethics reform package designed to increase transparency and accountability in the political process. The House approved SB 844, handled in the House by Rep. Tim Jones, R-Eureka, by a vote of 153-5.

"This is one of the most aggressive ethics packages in this country and it will make a difference. It will make government more transparent. It will make campaign finance more transparent. It will make us more accountable. And it will make the citizens of our districts more proud of the work we do up here in a fine and transparent fashion," said Jones.

One provision of the bill would address the issue of political money laundering by restricting committee-to-committee transfers of campaign donations. SB 844 would limit the number of political committees and make it a crime to transfer committee funds with the intent to conceal the source of the original funds. Rep. Tim Flook, R-Liberty called the provision one of the most important in the bill.

"With this bill, we're eliminating as many as, I've heard by one estimate, almost 700 political committees that were used to transfer donations, that were used to launder money in some cases, hiding donations in other cases," Flook said. "Those committees going away is a major, major change in our state and I think that puts Missouri on the cutting edge of ideas for ethics reform. The public deserves to know who you receive support from."

The bill also gives the additional authority to the Missouri Ethics Commission to launch investigations. Under current law, the commission can act only after receiving a complaint. SB 844 would allow the commission to launch an investigation after a unanimous vote of all six commission members. The bill would also create the crime of obstructing an ethics investigation.

In addition, the bill would require that campaign contributions made during a legislative session in excess of $500 be reported within 48 hours. The bill would also make it a crime for an elected official to offer a job to a lawmaker in exchange for votes. SB 844 would also create new crimes for lobbyists who do not properly report how much they spend on meals and gifts for state officials.

While the legislation received strong bipartisan support, some members said the bill represents only the first step of many toward true ethics reform.

"I think that we have begun the conversation about ethics reform. I look forward to being back next year and in the interim to make sure we can improve upon this, but I think it would be a huge mistake to call it comprehensive," said Rep. Jason Kander, D-Kansas City. "On the other hand, I think that we have done something to improve the law. I am proud of that and I look forward to immediately after taking this vote, getting to work with everybody else on accomplishing true, comprehensive ethics reform."

The bill now moves to the governor's desk to be signed into law.

General Assembly Approves Bill to Enact Stiffer Penalties for Drunken Drivers

The Missouri General Assembly passed legislation Thursday that would create stronger penalties for DWI offenders. HB 1695, 1742 & 1674 is sponsored by Rep. Bryan Stevenson, R-Webb City, who said the bill contains a wide range of provisions dealing with drunken driving offenses.

"This bill overall is a good balance between increased treatment for first time offenders that find themselves in an unusual situation ….and increased stiffer penalties for individuals with a chronic drinking problem who have a real addiction issue," Stevenson said. "It's going to cost very little because we are going to divert some individuals out of the prison system, and the number of people not sitting in prison will be in treatment and on continuous alcohol monitoring," Rep. Stevenson said.

The bill would require 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. In addition, the bill would allow any circuit court to set up a DWI docket for repeat offenders or those whose blood-alcohol content exceeded 0.15 percent. Several Missouri courts already offer DWI Courts, which allow repeat DWI offenders to avoid jail time while receiving treatment for alcohol abuse.

The bill would also require state courts to handle any DWI case involving a defendant with at least two alcohol-related contacts with authorities, require police and prosecutors to adopt policies for reporting information on DWI offenses to a central databank, increase the minimum jail time for previous DWI offenders from five to 10 days and increase the minimum jail time for a persistent offender to 30 days.

Rep. John Burnett, D-Kansas City, was satisfied with the final version of the bill. "I think this will be the first DWI bill I've voted for since I've been here," Burnett said to Stevenson. "I think that you have struck a great balance with this bill. I've been a great critic of increasing penalties and thinking that penalties alone will deter drunk driving and make our highways safe. This bill does increase penalties, but it also focuses on the treatment aspects and I wanted to thank you publicly for that."

However, Rep. Jeff Roorda, D-Barnhart had mixed feelings about the legislation, which had several provisions removed when it was approved by the Senate.  "If mixed drinks were as watered down as this bill, we'd have a lot less drunks on the street," said Roorda, a former police officer. "This is a little bittersweet because we've fallen a little short of our wide-eyed imaginings, but let's cut to the positive. There is expansion to DWI courts. There are controls over these third time convictions of DWIs in the courts, so there is some good stuff in this bill."

The House approved the bill by a vote of 152-0. The bill now moves to the governor's desk to be signed into law.

General Assembly Approves Legislation to Provide Coverage to Children with Autism Spectrum Disorders

State-regulated group insurance policies would have to provide coverage for children with autism spectrum disorders under legislation approved by the Missouri General Assembly Wednesday. Rep. Dwight Scharnhorst, R-St. Louis, sponsors HB 1311 & 1341, which was passed through the House with a vote of 144-16 and through the Senate by a vote of 27-6

HB 1311 & 1341 would require group insurance policies to provide coverage for applied behavioral analysis services (ABA) for autistic children age 18 and younger. The coverage would have an annual cap of $40,000 and would be adjusted each year for inflation.

The bill went through several compromises in conferences with the Senate, including the age limit and caps on coverage, which were changed from the initial bills in both chambers.

"(The bill) is what I would consider a comprehensive bill that the legislature, the governor and all of us here in Missouri should be very proud that we have stepped forward to address this issue." Scharnhorst said.

Rep. Jason Grill, D-Kansas City, who sponsored HB 1341, expressed his appreciation on the passage of the bill. "This is a monumental day for Missourians. We are going to get a vote that we wanted on this bill," said Grill. "Many families that are listening right now, this is a big day for them. I have learned so much about this horrible illness, and hopefully in the future we can find ways to fix this through this therapy."

Some legislators worried an insurance mandate would place an undue burden on small businesses. Scharnhorst said he typically opposes mandates but felt the issue of autism merits a different approach. "I was a small business owner for many years…and it was never my intent to create a negative impact on employers.  If this mandate increased employers rates by more than 2.5 percent, it would allow them to opt out of the coverage," said Scharnhorst. Scharnhorst has previously cited studies showing an autism mandate would raise premiums by less than one percent.

The bill would also establish a state Behavior Analyst Advisory Board under the State Committee of Psychologists within the Division of Professional Registration. The new board would be charged with establishing and overseeing licensure and registration requirements for behavior analysts and assistant behavior analysts who provide therapies for children with autism spectrum disorders.

The provisions of HB 1311 & 1341 would apply primarily to Missourians receiving health insurance from small- and medium-sized employers. Missourians with individual insurance policies would not be mandated to obtain a policy with autism coverage, but would have the option to do so. Large employers who insure themselves fall under federal regulation.

The bill now awaits the governor's signature.

General Assembly Sends Bill Banning Sale of Synthetic Marijuana Drug "K2"

The General Assembly passed legislation Thursday that would add a type of synthetic marijuana to the state's list of controlled substances. Rep. Ward Franz, R-West Plains, sponsors HB 1472 to prohibit the substance, commonly known as K2, in the state of Missouri.

"I think it's important to get it off the shelves to protect our children," Franz said.

The synthetic cannabinoids contained in K2 are very closely related to tetrahydrocannabinol, or THC, the chemical in marijuana. However, because the chemicals in K2 are slightly different than THC, they are not covered by existing drug laws. Currently, Missourians of any age can buy K2 packaged as "potpourri" at many stores that sell tobacco products.

HB 1472 would add the synthetic cannabinoids used in K2 to the Schedule I list of controlled substances. Schedule I drugs include substances such as heroin and marijuana. Under the bill, possession of 35 grams or more of K2 would be a felony offense. Possession of lesser amounts would be a misdemeanor.

House members also considered adopting emergency clause on the bill, which would make the legislation into law immediately upon the governor's signature.

"This applies to getting this off the street quickly," Rep. Franz said. "We felt that we better not wait until the end of August to take a chance on how this could affect somebody's life."

Rep. Jake Zimmerman, D-Olivette, opposed the emergency clause. "I think it's a bad, bad idea to declare new crimes and put emergency clauses on them," Zimmerman said. "As much as I support the bill, I think it's appropriate that we give the law-abiding public of our state an opportunity to know what will be illegal in advance of it becoming illegal."

The House voted to defeat the emergency clause, but passed HB 1472 by a vote of 140-7. The legislation now goes to the governor's desk to be signed into law.

Missouri General Assembly Approves Legislation to Strengthen Informed Consent Requirements

The Missouri House gave final approval Friday to legislation that would strengthen the state's informed consent requirements to obtain an abortion. The House passed the SB 793, handled by Speaker Pro Tem Bryan Pratt, R-Blue Springs, by a vote of 114-39.

The bill would expand current law, which requires that a woman seeking an abortion be told of the physical and psychological risks of the procedure 24 hours prior to the abortion being performed. SB 793 would require that a woman seeking an abortion be given the opportunity to view an ultrasound image and listen to the heartbeat of the fetus. The bill would also require the consultation be done in person instead of over the phone. In addition, the legislation requires that women receive a description of the "anatomical and physiological characteristics of the unborn child. It would also require abortion providers to supply a brochure produced by the state that proclaims: "The life of each human being begins at conception. Abortion will terminate the life of a separate, unique, living human being."

Pratt said the bill is meant to provide additional information to a woman seeking an abortion with the intent of persuading her to change her mind about undergoing the procedure. "With this bill, I think we can go in and make clear and make sure that if an abortion is done in the state of Missouri, that a woman will give proper informed consent," said Pratt. "If given all the medically accurate information, it's my belief that more women will choose not to have an abortion."

Rep. Beth Low, D-Kansas City, opposed the bill and challenged supporters of the legislation to propose a ban on abortion. "If the members of the pro-life majority were serious about ending abortion, we wouldn't see Senate Bill 793. We'd see a Senate Bill or a House Bill that actually outlawed abortion," said Low. "Instead we see cute little bills like this one every year aimed at the most vulnerable people in an incredibly vulnerable time."

SB 793 would also prohibit insurance coverage for abortions under policies offered through any health insurance exchanges, such as those located in the federal health care legislation. In addition, no health insurance exchange operating within Missouri would be allowed to offer coverage for elective abortions through the purchase of an optional rider.

The bill now moves to the governor's desk.

General Assembly Approves Legislation Regulating Sexually Oriented Businesses

The Missouri House gave final approval Thursday to legislation that would enact new regulations for sexually oriented businesses. The House passed SB 586 and 618, handled by Rep. Ed Emery, R-Lamar, by a vote of 118-28.

The bill would require sexually oriented businesses to be at least 1,000 feet from schools, churches, public parks and daycares, and place restrictions on nudity, hours of operation, alcohol sales and employees' proximity to patrons.

Emery spoke on the "negative secondary effects" of these businesses, which he said can include increased crime rates, decreased property values, a decrease in annual income of businesses in the sexually-oriented business vicinity, increased property insurance rates, negatively altered lifestyles of residents' living habits in the vicinity of a sexually-oriented business and the increase of communicable diseases.

"This sets in place serious, significant protections to try to minimize negative secondary effects on communities," Emery said. "We know that this is a widespread issue, and I believe that this bill will seriously control those, and benefit families in Missouri."

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.

One provision of the bill says an employee can be charged with a misdemeanor for violating certain portions of the bill. Any business repeatedly in violation of the provision would constitute a public nuisance and would be subject to civil abatement proceedings.

Some representatives were not in favor of this portion of the bill.  "Whether or not we agree on this bill, it's just not right to hold employees responsible or liable for the behavior of their customers," Rep. Mike Colona, D-St. Louis, said. "If your boss doesn't properly train you, under this bill, you are going to be criminally liable, and that's just not fair."

Those in opposition to the bill felt that counties and municipalities should have local control over these businesses. Rep. John Burnett, D-Kansas City, inquired of Rep. Bryan Stevenson, R-Webb City, about the issue.  "I've heard you all say quite loudly that if you are not in favor of this bill, you're in favor of pornography, and it seems to me that the real issue here is that your county won't take local control over this issue. If we are going to impose rules…we should not paint this with such a broad brush.  Local control should be allowed. Local people should make local decisions."

The bill now moves to the governor's desk to be signed into law.

Missouri House Passes Bill Creating Statewide Vote on Health Care

The General Assembly passed HB 1764 Tuesday, a bill that would put the issue of federally-funded health care on the ballot for Missourians in August.

Rep. John Diehl, R-Town and Country, sponsors the bill, which originally dealt only with the dissolution of domestic health care insurance companies. However, provisions were added to prohibit persons, employers, or health care providers from being compelled to participate in any health care system. Originally, the health care provision was proposed as a constitutional amendment, but the Senate opted instead to present the issue as a state-wide referendum. This way, the legislation will bypass Gov. Nixon's desk and go straight to the voters to decide on August 3^rd.

Diehl said his constituents strongly oppose federal health care. "The residents of this state overwhelmingly reject what you and I have begun calling this Obamination of a bill, which is the federal health insurance bill," Diehl said in conversation with Rep. Tim Jones, R-Eureka, on the House floor. "It's just something I think is on everybody's mind, and they want the ability and the tools to be able to fight back on this."

Rep. Jones agreed, and hoped the referendum would allow citizens express their feelings about the federal legislation. "We're at the end of a long and arduous road, and this will give the people of Missouri the final say on this matter," Jones said. "The politicians here in this body are simply providing the vehicle."

Rep. John Burnett, D-Kansas City, objected to the fact that the health care issue would be paired with the dissolution of insurance companies on the ballot. "I don't question the Senators that have this sense of humor," Burnett said. "But, the joke is that they've taken a bill that is a very, very, very dense bill about the liquidation of domestic insurance companies, how we finalize business and insurance companies, and tied that to a political attack on our national health care system."

House Minority Leader Rep. Paul LeVota, D-Independence, opposed the bill. "This is a heck of a lot better than trying to change our constitution, because that would have been just a complete disaster," Rep. LeVota said. "This clearly is just simply an election year stunt."

The House approved HB 1764 by a vote of 108-47. The issue now goes to the voters for approval on August 3^rd.

House Sends Access Missouri Bill to Governor Nixon's Desk

State legislators finished work on SB 733 Wednesday, which would make significant changes to state-funded scholarships for higher education. The legislation would affect both the Access Missouri and Bright Flight scholarship programs.

Rep. Gayle Kingery, R-Poplar Bluff, handled the bill in the House. On the floor, he mentioned portions of the House's version of the bill that the Senate opted to leave out. One of these was the proposal to lower the GPA requirement for the Access Missouri scholarship from 2.5 to 2.0 for recipients' first two years of college.

"We didn't agree with that, but that was one of those things," Kingery said. "We took that part out to preserve the rest of the scholarship bill."

Rep. Joe Aull, D-Marshall, spoke in support of lowering the GPA. "I believe in high academic standards as much as anybody," Aull said. "But, I know that the Access scholarship is a need-based scholarship. A lot of freshman really struggle that first year in college, it's a culture shock adjustment for them, and they've got to get that grade point average up to 2.5. … Somebody could go in right now and have a 2.49, which is pretty darn close to 2.5, and they're going to lose their scholarship. This could be a low-income student, and that's that student's only chance to go to college."

The final bill addresses the discrepancy between scholarship money available to private and public school students through the Access Missouri program. Under current law, students who attend private and public schools are eligible for disparate award amounts. SB 733 would raise the maximum scholarship to $1,300 for community college students and set it at $2,850 for students at either public universities or private institutions, starting in 2014.

SB 733 would also modify the Bright Flight scholarship program. Most significantly, the bill would ensure that students who score in the top 3 percent with their ACT or SAT scores receive Bright Flight merit scholarship awards before those who score in the top fourth or fifth percent. Bright Flight eligibility will expand to the top 5 percent next year under a new state law.

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. Sue Schoemehl, D-St. Louis, expressed her support for the legislation. "The changes in Bright Flight are very valuable," Rep. Schoemehl said. "So, I would ask the body to continue and to support the military exemptions we had in here."

The bill now goes to the governor to be signed into law.

Legislature Approves Bill to Downsize Government

The Missouri House gave final approval Friday to legislation that would reduce the size of state government and form a committee to study the potential for additional downsizing in the future. The House approved HB 1868, sponsored by Rep. Dwight Scharnhorst, R-St. Louis, by a vote of 124-29.

The bill would transfers the powers and duties of the State Water Patrol to the newly established Division of Water Patrol within the State Highway Patrol. Supporters of the change say it could save the state millions of dollars.

The bill would also establish the Joint Committee on the Reduction and Reorganization of Programs within State Government. The 14-member committee must publish a report by December 31, 2010, with recommendations for reducing, eliminating, or combining state programs and departments.

The bill now moves to the governor's desk to be signed into law.

Legislature Approves Bill to Ensure Prompt Tax Returns

The Missouri House gave final approval Thursday to legislation that would shorten the time the state has to issue tax refunds to Missouri taxpayers. Rep. Stanley Cox, R-Sedalia, sponsors HB 1408 & 1514, which would change the length of time the state can hold onto returns without paying interest from the current 120 days to 90 days.

Under the bill, the state would have 90 days from April 15 to process returns. For individuals who file late returns, the 90-day clock would start when the return is postmarked. Returns that fail to meet the 90-day deadline would be refunded with interest.

The House passed HB 1408 & 1514 by a vote of 147-0. It now moves to the governor's desk to be signed into law.

Stouffer: Session in Review - Education

This year may be remembered as the toughest in state history in terms of the budget. However, we were able to ensure Missouri's classrooms continue to receive the same amount of funding as last year.

Summer School: Part of the General Assembly's challenge this year was finding what parts of education are absolutely necessary at this time. House Bill 1543 is a measure that addresses education funding, including summer school. Over the past few decades the scope of summer school has widened to include instruction outside core subjects. Under a former provision of this bill, state funding would have been limited to the core subjects.

Teacher Retirement: This issue received a lot of talk outside the Capitol this year. However, inside the Capitol, it was not discussed at all. Senate Bill 714 addresses state employee retirement. Nowhere in this bill are teachers mentioned. However, many fear that in future years, it could. To be clear, there will be absolutely no changes to teacher retirement this year. In addition, it appears reforms to retirement of any kind this year will not become law.

How to Fund Education: This year we will be able to fund classrooms at the same level next year as we are this year, although it is less than what districts expected. However, the legislature did make cuts outside of education, in order to pass a balanced budget. In addition, some "hold harmless" schools are not affected by most budget increases or decreases for varying reasons. This will also be reviewed.

Career Ladder: Currently, teachers are paid for work they complete outside of the classroom at the end of the school year. Some were considering not paying teachers for work already completed. Instead, the teachers were paid for the work completed, but the program will not be funded for the next year and until the state's revenues improve.

Parents as Teachers (PAT): Due to budget constraints, PAT was reformed to keep the program in existence. This will mean some folks will have to pay a small fee to continue to have teachers work with them at home. Parents As Teachers has proven itself to work to prevent education recovery costs later in a child's life.

Higher Education: Access Missouri, a program that provides scholarships that are particularly important to our students in small private colleges, will remain intact. In the future, the scholarship amounts will change to be the same for students in both public and private schools.

Thank you again for your feedback and prayers this year. Without them, it would have been an even more difficult task of putting together the budget for the next fiscal year.

Engler: The 2010 Session Concludes

The legislative session ended at 6 p.m. on Friday, May 14^th.  It was a tough year, with budget concerns and declining revenue guiding a lot of our work.  We worked to decrease the size of state government while also passing legislation to improve the lives of Missourians.  The 2010 legislative session included both wins and losses, but ultimately, I am pleased with the work we were able to complete.

Autism Insurance Reform

The General Assembly passed House Bill 1311, guaranteeing health carriers will provide coverage for the diagnosis and treatment of autism spectrum disorders.  Out of the top 10 childhood neurobiological disorders, autism is the only one that is not covered by health insurance in our state.  This means that families are paying for health insurance while still having to pay out-of-pocket for autism therapies.  The bill requires most health carriers that issue or renew health benefit plans to provide coverage for the diagnosis and treatment of individuals with autism. It would restrict health carriers from refusing to issue or renew coverage based solely on the fact of an autism diagnosis. The insurance coverage includes a physician or psychiatrist's referral of ABA (Applied Behavior Analysis) therapy — up to $40,000 per year for individuals younger than 19. A cost-of-living adjustment has been included to adjust the cap for therapy services in coming years.

Ethics Reform

The Legislature also approved Senate Bill 844, a bill focused on setting higher ethics standards in Missouri politics. The bill gives flexibility and teeth to the Missouri Ethics Commission by allowing it to investigate ethics violations without an outside complaint first being filed, and makes it a crime to obstruct an ethics investigation.  In order to end even the appearance of "pay-to-play" politics, the bill requires contributions of more than $500 to incumbent officials and their challengers during the legislative session to be electronically reported within 48 hours. The bill also makes clear that no statewide elected official or lawmaker can offer someone a job in exchange for his or her official vote and limits the transferring of contributions among most campaign committees.  The legislation brings a new level of accountability and transparency to the political process so that Missourians will have confidence in the motives of their elected officials.

Rebooting Government

This year, the Senate leader launched an initiative to reduce the size of state government. Ideas were collected from the public, and my fellow senators and I met in working groups to talk about ways to cut costs and streamline government. Several of these ideas resulted in legislation that passed this session, including:

• Senate Bill 1007, reins in $20 million in Medicaid costs.
• House Bill 1965, eliminates the printing of state manuals (Blue Books) and State Statute books for a cost-savings of $1.7 million dollars in printing and postage.
• House Bill 1868, merges the highway patrol and water patrol for nearly $1 million in savings.

Even in the final hours of session, we pushed to approve additional priority legislation, but the final gavel fell without the passage of some of these bills.  We had hoped to pass a jobs bill this session to encourage economic growth while also reducing the cost of state incentives.  We also worked on ways to make the state's pension system more efficient and cost-effective.  These bills did not succeed, and I am concerned that, without these cost-cutting measures, the state will need to make even more serious spending cuts in the coming year.

Most of the bills passed during this legislative session will go into effect on August 28^th.  The governor has until July 14 to veto legislation or else it goes into effect.  You can see a list of bills that have been agreed to by the Legislature here.

Ruestman: Curbing the Effects of Sexually-Oriented Businesses

Session is over!  Of all my eight sessions in the Missouri House, this had to have been the most unusual one.  It was a much calmer, subdued session in large part due to the budget shortfall.  Beyond the budget we were able to pass a few key pieces of legislation that will help to improve the state.  I plan to discuss these issues in the coming weeks, but I want to start with one of the most important problems we were able to address this session.

Locally, we've been faced with the many negative side-effects of the adult industry and the stores that cater to that unsavory market.  Anyone who's traveled I-44 to Springfield knows exactly what kind of businesses I'm referring to.  It is unfortunate that in our conservative corner of the state we are forced to deal with the many bad issues resulting from pornography.

We were able to pass legislation this session to address the worst effects of these places.  Senate Bills 586 and 617, handled by our own Southwest Representative, Ed Emery, are intended to stop the bad behavior and unsavory activities occurring in these businesses.

Some of the tenants of these bills are as follows:

• Restricts locating a sexually-oriented business to beyond 1000 feet from a preexisting school, house of worship, daycare, public library, public park or private residence.
• Nudity with contact to patrons is not allowed.  Employees must remain on a stage that is at least six feet from customers and 18 inches off the floor.
• Sexually-oriented businesses cannot be open between the hours of midnight and 6 a.m.
• Requires employees to have an unobstructed view of patrons.  Closed doors many times accommodate illegal behavior.

The negative effects of these businesses are numerous, but it is not uncommon to see increased sexual and violent crimes in areas where they are located.  The property values of those living within close proximity usually plummet.

This bill is now headed to the governor to be signed into law.  It is important for our community and the state.  He knows we expect him to sign this bill.  I encourage you to contact his office to let him know you support these bills being signed into law.  His office may be reached by visiting http://governor.mo.gov or by calling 573-751-3222.

If you have problems, questions or wish to express concern over an issue, please do not hesitate to contact me or my Legislator Assistant, Jonathan, at my Capitol office either by phone 573-751-9801 or by e-mail at Marilyn{dot}Ruestman{at}house{dot}mo{dot}gov.

Kraus: End of Session

By the numbers, we ended the 95^th General Assembly at 6 p.m. on May 14. We passed 74 House bills and 32 Senate bills in the 2010 session.  By tradition, representatives in the Missouri House engaged in the end-of-session paper-toss, clearing their desks of bills and amendments accumulated during the session.  Overall, I was disappointed that a number of important issues remained unaddressed.

As usually happens, the last week of session saw a number of bills bounce back and forth between the Senate and the House with some being Truly Agreed To and Finally Passed and sent on to the governor's desk for his action.  In this issue, I'm providing a brief overview of some of those bills. In future reports and after it is signed into law, I will provide more information about the final bill.

Legislature Approves Bill to Ensure Prompt Tax Returns

Last year, my office received several complaints from individuals that the state was taking inordinately long to return their tax refunds.  The state currently has 120 days to return a refund to the taxpayer without paying interest.

This year, the Missouri House did something about these complaints, through HB 1408 and 1514, by shortening the wait time to 90 days or the state would be required to pay interest.  The 90-day clock would start on April 15, or if filed late, from date of the postmark of the tax forms.  The House approved the bill by a vote of 147-0.

Sale of Synthetic Marijuana Drug "K2"

The General Assembly passed legislation, HB 1472, that would add a type of synthetic marijuana, commonly known as K2, to the state's list of controlled substances. Under the bill, possession of 35 grams or more of K2 would be a felony offense. Possession of lesser amounts would be a misdemeanor.

The synthetic cannabinoids contained in K2 are very closely related to tetrahydrocannabinol, or THC, the chemical in marijuana. However, because the chemicals in K2 are slightly different than THC, they are not covered by existing drug laws. Currently, Missourians of any age can buy K2, packaged as "potpourri" at many stores that sell tobacco products.  The House approved the bill by a vote of 140-7.

General Assembly Approves Legislation Regulating Sexually Oriented Businesses

The Missouri House gave final approval to legislation that would enact new regulations for sexually oriented businesses. The bill would require these types of businesses to be at least 1,000 feet from schools, churches, public parks and day care facilities, and place restrictions on nudity, hours of operation, alcohol sales and employees' proximity to patrons.

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.

By passing this bill, the General Assembly hopes to mitigate the negative secondary effects of these businesses, which can include increased crime rates, decreased property values, a decrease in annual income of businesses in the vicinity, increased property insurance rates, negatively altered living habits of nearby residents, and an increase of communicable diseases.  The House approved the bill by a vote of 118-28.

Stiffer Penalties for Drunken Drivers Proposed

Last Thursday, the Missouri General Assembly passed legislation, HB 1695, 1742 & 1674, that would create stronger penalties for DWI offenders.

The bill would require 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. In addition, the bill would allow any circuit court to set up a DWI docket for repeat offenders or those whose blood-alcohol content exceeded 0.15 percent. Several Missouri courts already offer DWI Courts, which allow repeat DWI offenders to avoid jail time while receiving treatment for alcohol abuse.

This bill seeks to balance increased treatment for first time offenders with stiffer penalties for repeat offenders who may have chronic and more dangerous drinking problems.  Because it may also divert individuals out of the prison system and into treatment, it isn't expected to increase costs to the states.  The House approved the bill by a vote of 152-0.

Missouri House Passes Bill Creating Statewide Vote on Health Care

The General Assembly passed HB 1764, a bill that would put the issue of federally-funded health care on the ballot for Missourians.

The referendum, if passed by a vote of the people, prohibits persons, employers, or health care providers from being compelled to participate in any recently passed health care system- most notably federal legislation recently passed in the U.S. Congress. Instead of going to the governor for signature, the legislation will go straight to the voters to decide on August 3.

I am 100 percent for this bill.  It is the right thing to do to allow our citizens, by their own vote, to give their opinion on federal mandates and government intrusion in our personal health care decisions.  The bill is Missouri's response to the recent passage of federal health control, and I am very happy that we acted to let Missourians have a voice.

If passed, it would not prohibit citizens from participating in the recently passed federal health care programs if they so wished.  The House approved the bill by a vote of 108-47.

With the ending of the 2010 Legislative Session, the Capitol Report will be issued about twice a month. During this time, if you have an event that you would like me to attend or speak at, please contact my office at 1 (573) 751-1459 or e-mail at will{dot}kraus{at}house{dot}mo{dot}gov.