Nance: Veto Session, Randolph Audited, In The District

At left: Ribbon Cutting at Bridge on "N" Highway

"Our Veto Session began and ended today with one attempt to override the Governor's veto of HB 1903 which passed in session by a 151-3 vote. This bill creates the Federal Budget Stabilization Extension Fund to receive moneys from any legislation enacted by the 111th United States Congress to assist states in budget stabilization or that extends the temporary increase in the Medicaid Federal Medical Assistance Percentage. I voted for the override because this bill would have made sure that all monies are spent in a transparent manner. To override the veto it would have taken a two-thirds majority. The bill failed with 65 dissenting."

Two years ago I had an amendment to a bill to require cities that receive more than 35% of their revenue off of state highways to forward anything over that amount to the Department of Revenue (The previous cap was 45%). Many call these cities "speed traps". Randolph is a city between I-435 and Ameristar Casino.  Police are for public safety issues and cities should not use state highways to generate funds.

Update: City of Randolph Audited:

Since the city and the municipal division do not track the amount of fines and costs collected on tickets issued on state and federal highways, we reviewed the Missouri Vehicle Stops Annual Report prepared by the Police Department and filed with the Missouri Attorney General's Office for 2009. This report indicated 83 percent of tickets issued by the city were for violations on a state or federal highway within the city. We also selected 265 tickets processed by the municipal division during 2009 and determined that 194 of these tickets (73 percent) were issued on state or federal highways. The fines and costs collected on those 194 tickets accounted for 75 percent of the total amount collected on the 265 tickets.

Based on the city's 2009 end of year report, 35 percent of the city's 2009 annual general revenue ($270,043) was $94,515. Based on the above data, the amount received from fines and court costs for traffic violations on state or federal highways would likely be between $134,090 (75 percent) and $148,393 (83 percent), based on $178,787 in total court fines and costs, and the excess monies to be turned over to the DOR would be between $39,575 and $53,878. That extra money must be turned over to the Missouri Department of Revenue and then distributed to schools.

In the District:

Boy Scout Pack 309 was the recipient of a trailer donated by A T & T Communications on Monday the 13th.

On September 1st, I was a guest speaker at the Ray County Retired Teachers meeting in Lawson.

On September 4th, I attended the Ray County Museum Veteran's Appreciation Day.

On September 8th, I toured the new Liberty North High School with Governor Nixon. Liberty received special bonding through the Recovery Act.

MoDOT has opened 5 bridges in the district after their replacement or repair recently. Excelsior residents will see the opening of the 10 Highway Bridge over 69 Highway in a couple of weeks.

Excelsior Estates has been awarded a Community Development Block Grant for street and drainage improvements in the amount of $400,000.

The Missouri Department of Economic Development has approved training assistance for three businesses in our district.

Rupp: Lawmakers Return to Jefferson City for Annual Veto Session

Mid-September brings legislators back to the State Capitol for the General Assembly's annual veto session.  This veto session, which begins Sept. 15 and is not to exceed 10 days in length, gives lawmakers the chance to consider bills vetoed by the governor.  Of the 32 Senate bills and 74 House measures delivered to the governor, four House bills and one Senate bill received the governor's veto.

In addition, one budget bill (House Bill 2007), contains a line-item veto of $300,000.  Line-item vetoes allow the governor to only exclude a portion of legislation approved by the General Assembly and can only be completed on budget bills.  In order for the Senate and House to override a governor's veto, the Legislature has to have a two-thirds majority vote during veto session.  Measures vetoed by the governor up for consideration include:

• Senate Bill 777 – Allows for the sale of certain financial products and plans associated with certain loan transactions.
• House Bill 1831 – Allows school districts, after 10 years, to sell as surplus any real property that has been donated to it if the donor refuses the district's offer to return it.
• House Bill 1741 – Changes the laws regarding a meeting of a board of directors or the executive committee of a corporation.
• House Bill 2317 – Requires each member of the General Assembly to be provided with a key to access the State Capitol dome and authorizes the governor to convey certain state property.
• House Bill 1903 – Creates the Federal Budget Stabilization Extension Fund and the Race to the Top Fund to receive moneys from any legislation enacted by the 111^th United States Congress.

To read each one of the governor's veto letters corresponding to the measures mentioned above, visit the governor's legislative actions page at http://governor.mo.gov/actions.

My colleagues and I will also use the time during veto session to say goodbye to 10 retiring members during the Missouri Senate's retirement ceremony.  I will miss these fellow legislators who have become my friends over the years.  Each member served their constituency well and should be proud of the accomplishments they made while serving in this great building.  I wish them the best of luck wherever life's path may take them next.

If you have any questions or comments about bills vetoed by the governor or any other topic regarding state government, please visit my website, e-mail me, or call my office toll-free at (866) 271-2844.

Carter: A Compendium on Proposition A, State Happenings, Energize Missouri Rebate Program Ends Soon

State Releases July 2010 General Revenue Report

State Budget Director Linda Luebbering announced that July 2010 net general revenue collections declined 4.2 percent compared to July 2009, from $469.1 million last year to $449.3 million this year.  July is the first month of Fiscal Year 2011.

GROSS COLLECTIONS BY TAX TYPE

Individual income tax collections
•Decreased 0.6 percent from $325.9 million last year to $323.9 million this year.

Sales and use tax collections
•Decreased 9.7 percent from $141.6 million last year to $127.8 million this year.

Corporate income and corporate franchise tax collections
•Increased 14.7 percent from $22.9 million last year to $26.3 million this year.

All other collections
•Increased 41.8 percent from $24.7 million last year to $35.0 million this year.

Refunds
•Increased 38.5 percent from $46.0 million last year to $63.7 million this year.

PROPOSITION A - ST LOUIS AND KANSAS CITY EARNINGS TAXES

OVERVIEW

Proposition A, if approved by Missouri voters on Nov. 2, would trigger local elections in April 2011 in Kansas City and St. Louis at which voters would determine whether to retain the local 1 percent earnings tax each city levies on those who live or work in those cities. If local voters endorse keeping their city's earnings tax, it would come up for renewal every five years. If local voters reject retaining the earnings tax, either in 2011 or at a subsequent renewal election, the tax would be phased out over 10 years and could never be re-imposed.

The measure was placed on the statewide ballot via an initiative petition effort funded by retired billionaire financier Rex Sinquefield of St. Louis, who is philosophically opposed to earnings taxes. As of the July campaign finance disclosure reporting period, Sinquefield had contributed $6.9 million to Let Voters Decide, the campaign committee he established to put Proposition C on the ballot and push for its passage. It is anticipated he will pump substantially more money into the effort by Election Day.

Sinquefield has become a major force in Missouri politics in recent years, donating millions of dollars to candidates and causes he favors. He also founded the Show-Me Institute, a St. Louis-based conservative think-tank that promotes his free-market philosophy.

Kansas City and St. Louis officials fear repealing the earnings taxes would bankrupt their cities as replacing the lost revenue would be difficult, if not impossible. In an attempt to block Proposition A from the ballot, the city attorney for Kansas City has filed a lawsuit claiming that it violates the clear title/single subject requirements for ballot measures and that it is unconstitutional on its merits because it fails to provide a mechanism for the cities to replace the lost revenue should the earnings taxes ultimately be repealed.

Because Missouri courts typically don't consider challenges on the merits of a ballot measure to be ripe for litigation until and unless the measure is approved by Missouri voters, Cole County Circuit Judge Jon Beetem split the case into two parts, with the challenge on the merits delayed until Nov. 12 – 10 days after the election. If voters reject Proposition A, that portion of the case will be rendered moot. Beetem will hear the clear title/single subject arguments on Sept. 17. Based on Missouri Supreme Court precedent, however, it is unlikely the city will prevail on that point.

The official ballot question prepared by the Secretary of State's Office is as follows:
"Shall Missouri law be amended to:

• repeal the authority of certain cities to use earnings taxes to fund their budgets;
• require voters in cities that currently have an earnings tax to approve continuation of such tax at the next general municipal election and at an election held every five years thereafter;
• require any current earnings tax that is not approved by the voters to be phased out over a period of 10 years; and
• prohibit any city from adding a new earnings tax to fund their budget?

EARNINGS TAXES

Under existing state law, only three Missouri cities are authorized to impose earnings taxes – Kansas City, St. Louis and St. Joseph. Although Kansas City and St. Louis each have levied such taxes for about 50 years, St. Joseph has never had an earnings tax. Proposition A would prohibit voters in St. Joseph – or any other Missouri city that doesn't have an earnings tax – from adopting one in the future.

The earnings taxes amount to a 1 percent tax on the incomes of those who either live in Kansas City and St. Louis or who work in those cities but reside elsewhere. Critics have long contended that the earnings taxes have contributed to the economic decline of Kansas City and St. Louis by discouraging businesses and residents from remaining or locating in those cities and encouraging them to move to nearby suburbs in order to avoid paying the taxes.

According to June 14 report by University of Missouri-St. Louis economic professor William H. Rogers, only 25 of the 150 largest municipalities in the nation have a local earning tax.

Kansas City expects to collect $199.2 from the earnings tax in 2010 for 40 percent of its general fund budget. St. Louis anticipates collecting $141.2 million in earnings tax revenue this year for 32 percent of its general fund budget.

THE REPLACEMENT QUANDRY

Over the years, some Kansas City and St. Louis officials have acknowledged that the earnings tax comes with a downside. However, they maintain there are no realistic alternatives to replace the revenue that earnings taxes generate for city operations.

According to an Aug. 25 report by the Missouri Budget Project, a non-partisan budget research group based in St. Louis, Kansas City would have to more than double its local sales tax from 2.375 percent to 5.4 percent to replace the earnings tax, while St. Louis would have to more than triple its sales tax from 1.4 percent to 5.3 percent.

Adding in the statewide sales tax of 4.225 percent, such increases would result in total sales tax rates of 9.625 percent in Kansas City and 9.525 percent in St. Louis. Sales taxes that high potentially could be devastating to the cities' retail businesses.

The other possible means of replacement revenue open to the cities would be to increase property taxes. However, the Budget Project estimates each city would have to increase property taxes by 400 percent to make up the gap.

Also, there is no guarantee that the cities would even be able to raise other taxes to replace the earnings tax revenue since under the Missouri Constitution local voter approval would be required to do so. Having voted to eliminate the earnings tax, it is certainly possible that Kansas City and St. Louis voters might not be inclined to immediately increase other taxes to compensate. And if replacement taxes weren't approved, the cities would be forced to gut most city services, including the police and fire departments.

In a Sept. 8 editorial, the St. Louis Post-Dispatch reported that Sinquefield has acknowledged that the cities would have to replace the revenue lost from eliminating their earnings taxes and further acknowledged that he is offering no ideas for how that would be done.

ARGUMENTS IN SUPPORT OF PROPOSITION A

Earnings taxes have been a key factor in the economic decline of Kansas City and St. Louis over the last half century. They have encouraged countless businesses and residents to relocate to the suburbs, where there are no earnings taxes. They have discouraged new businesses and residents from locating in the state's two largest cities.

Repealing the earnings taxes would enable Kansas City and St. Louis to better compete with surrounding communities for jobs and residents.

Repealing the earnings taxes would make Missouri's two largest cities stronger, which will benefit the whole state.

The existing earnings taxes are permanent and never subject to voter review. Voters in Kansas City and St. Louis should have the right to periodically determine whether they want to keep their respective earnings taxes. All that Proposition A would do is give them that right.

If Kansas City and St. Louis voters chose to eliminate their cities' earnings taxes, the taxes will be phased out over 10 years starting in 2012. This long phase-out period will give city officials ample time to adjust their budgets and find replacement revenue.

ARGUMENTS IN OPPOSTION TO PROPOSITION A

The earnings tax may not be an ideal revenue source, but it makes up a sizable portion of the Kansas City and St. Louis municipal budgets. There are no viable alternatives for replacing that revenue and even repeal supporters have failed to offer any.

Repealing the earnings taxes would force Kansas City and St. Louis either to increase other taxes to excessively high – and perhaps unrealistic -- levels or to gut government services to point where the cities would be barely able to function.

Throwing Kansas City and St. Louis into financial crisis would create problems that would be felt throughout the metro areas and state. Missouri and the Kansas City and St. Louis metro regions depend on the stability and prosperity of the core cities.

Proposition A is an effort by one retired billionaire to put his economic philosophies into practice without regard to the realities of funding the municipal governments of Kansas City and St. Louis or the consequences on their citizens, the region and the state.

OTHER STATE HAPPENINGS

CARNAHAN DROPS APPEAL ON BALLOT MEASURE

Missouri voters will definitely decided a proposed constitutional amendment that would prohibit the state from enacting a sales tax on the transfer of real estate after Secretary of State Robin Carnahan on Sept. 3 agreed to drop her appeal of a judge's order placing it on the Nov. 2 ballot. Carnahan had refused to certify the measure, Amendment 3, after finding supporters had failed to collect the minimum number of initiative petition signatures needed to place it on the ballot.

However, Cole County Circuit Judge Paul Wilson overruled Carnahan. Although he didn't find that Carnahan improperly rejected any signatures, Wilson said the standards for judicial review are lower than those for administrative review, allowing him to count signatures that Carnahan was required to reject. Wilson also said state laws that invalidated otherwise genuine signatures imposed additional requirements on the initiative process not authorized by the Missouri Constitution.

According to The Associated Press, Carnahan agreed to drop her appeal in exchange for Wilson rescinding his original 40-page ruling and replacing it with a one-page directive ordering Amendment 3 on the ballot without offering a rationale. The Missouri Association of Realtors financed the effort to place Amendment 3 on the ballot. Missouri doesn't currently impose a real estate transfer tax nor is there an effort in the General Assembly to do so. The case is Vote Yes to Stop Double Taxation v. Carnahan.

AUDITOR SAYS STATE OVERSIGHT OF TAX CREDITS POOR

State Auditor Susan Montee issued a report on Sept. 8 that cited problems with the Missouri Department of Economic Development's administration of "enterprise zone" tax credit programs for businesses. The report alleged that the department has failed to provide proper oversight of the program and often doesn't verify job creation documentation submitted by credit recipients.

The audit also cited examples of the department using inflated information. In one such instance, a company said it would make an $11.4 million investment for a project but the department assumed the company would make a $49.4 million investment – 333 percent more than what the company said. In another, a company said it would make a $5.7 million investment but the department assumed an $87.6 million investment -- 1,438 percent more.

Montee released the audit the same day that Gov. Jay Nixon convened a 25-member commission charged with making recommendations for reforming Missouri's 61 tax credit programs. Tax credits are costing the state roughly $600 million a year in lost revenue. While most of the programs are supposed to create jobs, Nixon has called for eliminating those that don't provide an adequate return to taxpayers. Nixon has asked the commission to finish its work by Thanksgiving.

JUDGE ORDERS REAL ESTATE SALES TAX BAN ON BALLOT

Cole County Circuit Judge Paul Wilson on Aug. 31 ruled that supporters of an initiative petition to put a proposed constitutional amendment before Missouri voters banning taxes on the sale of real estate gathered sufficient signatures to appear on the Nov. 2 ballot. Secretary of State Robin Carnahan rejected the petition, finding the petition fell short of the minimum number of valid signatures in two of the required six congressional districts.

Carnahan plans to appeal the decision, but if Wilson's decision is upheld the measure would appear on the ballot as Amendment 3. Missouri doesn't currently impose a sales tax on the transfer of real estate nor is there any effort in the General Assembly to do so.

Carnahan rejected the disputed signatures because of statutes that discount otherwise valid signatures of registered voters if the voter lives in one county but signed a petition sheet designated for another county or if the petition gatherer wasn't properly registered with the state. Wilson did not find that Carnahan improperly invalidated any signatures. To the contrary, he ruled that the legal standards for judicial review of the validity of signatures are lower than the standards the secretary of state must follow, allowing the court to count signatures that Carnahan was required by law to reject.

Should a higher court reject that argument on appeal and find that the court must follow the same standards as the secretary of state, Wilson offered an alternative theory that the laws in question are unconstitutional since they impose additional requirements on the initiative process not specified in the Missouri Constitution and invalidate otherwise genuine signatures of registered voters for factors beyond the control of the voter. The case is Vote Yes to Stop Double Taxation v. Carnahan.

FIVE COMPANIES SEEKING STATE'S FINAL CASINO LICENSE

Five companies have applied with the Missouri Gaming Commission for the license to operate the state's 13^th and final casino. The applicants and the cities in which they want to locate are Casino Celebration, St. Louis city; North County Development, Spanish Lake in north St. Louis County; Isle of Capri, Cape Girardeau; Sunway Gaming, Sugar Creek in Jackson County; and Epic Gaming, also in Sugar Creek.

There is no firm timetable on when the commission will make a decision. There are currently 12 casinos in Missouri. Voters in 2008 capped the number of licenses at 13 when they passed a ballot measure that primarily was aimed at lifting the state's casino loss limit.

COURTS DECLINE TO BLOCK STRIP CLUB REGULATIONS

Missouri's strippers will have to keep their clothes on – at least for now -- after two courts declined to bar enforcement of a new state law that imposes strict new regulations on strip clubs and other sexually oriented businesses. Lawyers for the adult entertainment industry had sought a temporary hold on enforcement while a lawsuit challenging the constitutionality of the new law remains pending.

Cole County Circuit Judge Jon Beetem, who is presiding over the case, rejected the industry's request on Aug. 27 and the law, which bans nudity and alcohol in strip clubs and limits the location and hours of operation of all sexually oriented businesses, took effect the next day as scheduled. The industry appealed to the Missouri Court of Appeals Western District, which on Sept. 1 also declined to put the law on hold.

The case itself, however, has yet to be decided, and the law could still be overturned. The industry claim the law violates constitutional free speech rights and that it wasn't validly enacted because a legislative committee failed to review the financial impact of the measure as required by law.

STATE DNR DIRECTOR RESIGNS FOR GULF OIL SPILL JOB

Missouri Department of Natural Resources Director Mark Templeton resigned on Aug. 30 to become executive director of the Office of the Independent Trustees of the Deepwater Horizon Oil Spill Trust Fund. The fund was established to provide compensation to those economically harmed by the explosion of a BP oil rig in the Gulf of Mexico that resulted in the largest environmental disasters in U.S. history.

Nixon named longtime aide Kip Stetzler as acting DNR director and has established a search committee consisting of business and academic leaders to find a permanent replacement.

STATE REVENUE UP A BIT IN AUGUST, STILL DOWN FOR YEAR

Net state general revenue collections ticked slightly upward in August compared to a year ago, but year-to-date collections for the first two months of the 2011 fiscal year remained down. The state collected $594 in August 2010, a 0.8 percent increase from August 2009. However, year-to-date collections for FY 2011 were still down 1.4 percent from FY 2010 to $1.04 billion.

NEW MISSOURI LAWS WILL TAKE EFFECT ON AUG. 28

Most of the new state laws that the Missouri General Assembly passed during the 2010 legislative session took effect on Aug. 28. The new laws include tougher penalties for repeat drunken drivers, outlawing a synthetic marijuana substance commonly known as K2, and requiring insurance companies to provide coverage for the treatment and diagnosis of children with autism.

Another new law gives the Missouri Ethics Commission the authority to initiate investigations into alleged illegalities by public officials or candidates for office. Under the previous law, the commission could only act after receiving a complaint. That same law also makes laundering campaign funds to obscure the original source of the money a crime and increasing funding disclosure requirements for political campaigns.

EXECUTIONS IN MISSOURI SET TO RESUME ON OCT. 20

After being on hold for more than a year, the Missouri Supreme Court on Aug. 19 took a step toward allowing the state to resume carrying out the death penalty, setting an Oct. 20 execution date for Roderick Nunley, who was convicted in 1994 for his role in the 1989 murder of 15-year-old Ann Harrison of Raytown.

Court challenges to Missouri's method of administering lethal injections essentially put a stop to executions in the state for nearly three and a half years, from October 2005 until May 2009. Those challenges were resolved and Missouri executed Dennis Skillicorn on May 20, 2009, for the 1994 murder of Excelsior Springs businessman Richard Drummond.

Two more Missouri inmates were scheduled to be executed later that summer, but the 8^th Circuit U.S. Court of Appeals issued a stay in order to review Missouri's lethal injection procedures, and executions in the state have again been on hold ever since. Although that case remains pending, other federal courts have rejected the arguments being made in the Missouri case.

MISSOURIAN' BEETLE BAILEY TO BE FEATURED ON STAMP

The U.S. Postal Service on Aug. 27 was to unveil a new stamp featuring cartoon character Beetle Bailey during a ceremony on the University of Missouri-Columbia campus, The Associated Press reported on Aug. 26. Mort Walker, the creator of the 60-year-old "Beetle Bailey" comic strip, grew up in Kansas City and graduated from the university in 1948.

Many of the strip's characters were based on Walker's Mizzou fraternity brothers, and its setting of Camp Swampy was loosely based on his Army service at Camp Crowder near Neosho. A bronze statute of Beetle Bailey stands in front of the Reynolds Alumni Center on the MU Campus. Walker, who turns 87 on Sept. 3, also created the long-running "Hi and Lois" comic strip.

ENERGIZE MISSOURI REBATE PROGRAM ENDS OCTOBER 10

The opportunity for Missouri consumers to receive appliance rebates under the Energize Missouri Appliance Rebate Program will be ending soon.

Beginning Sept. 10, a limited quantity of rebates for gas furnaces, gas storage water heaters, clothes washers and dishwashers will be available to reserve only through participating retailers and installation contractors that have signed up to participate in the program. Rebates will be provided on a first-come,
 first-served basis for 30 days.

Participating retailers and installation contractors will help qualified residents reserve a rebate when a qualified appliance is purchased. Retailers and contractors provide purchasers with a rebate application form that contains a unique reservation number. Missouri residents then claim rebate funds by mailing the form along with their proof of purchase and recycling.

Of the original $5.6 million in funds for the Energize Missouri Appliance Rebate Program, less than $225,000 remains available to consumers. More than 30,000 rebates have been claimed since the program began April 19.

Appliances bearing the ENERGY STAR label are designed to use 10 to 50 percent less energy than standard appliances, resulting in ongoing utility cost savings for the consumer.

Rebate amounts for each remaining qualifying appliance include the following:

Appliance Categories	Rebate Amount
Space Heating: Gas Furnaces	$250
Water Heaters: Gas Storage Water Heaters	$150
Clothes Washers: Clothes Washers	$125
Dishwashers: Dishwashers (tabletop models not included)	$125

TThe maximum total rebate program eligibility for each household is $1,300.

Additional information about the Energize Missouri Appliance Rebate Program is available online at MissouriApplianceRebate.com.

Basic Eligibility Requirements

Consumers qualify for a rebate when they meet all of the following conditions:

• Must be a resident of Missouri and 18 years of age or older.
• Must own the property where the appliances will be installed, with the exception of clothes washers.  Renters are eligible for clothes washer rebates.
• Limited to one appliance per appliance category per address up to a total rebate of $1,300.
• Purchased appliance must be ENERGY STAR rated and qualified.
• Must reserve the rebate and mail it along with all required support documentation within 60 days of making the reservation.

Appliances must have been purchased after the April 19 commencement of the program. Appliances purchased prior to the start of the program are not eligible. New appliances must be a replacement for a comparable item and the old appliance must be recycled. For a list of Major Appliance Collection Services in Missouri Communities, visit the department's website at dnr.mo.gov/env/swmp/docs/appliance-collection.pdf.

In addition to the Energize Missouri appliance rebates, consumers may also find additional savings or rebates available through their local utility company. Missourians who wish to contact local utilities to explore the availability of utility-based rebates or incentives from their electric or gas utility providers can visit the department's list of providers at: dnr.mo.gov/pubs/pub2396.pdf

Funding for the Energize Missouri Appliance Rebate Program, with its $5.6 million in funding, is part of a larger $300 million federal program aimed at energy conservation, energy efficiency and economic recovery funded through the American Recovery and Reinvestment Act of 2009.

For more information about the Energize Missouri Appliance Rebate Program, residents or consumers may visit the Web at www.MissouriApplianceRebate.com or by calling toll-free 877-541-4848.

Tim Jones: An Attempt to Reign in Washington, Common Sense in the Heartland

As summer heat and humidity loosened its grip on the Heartland over the past few weeks and cooling rains swept across the plains and through the Midwest, autumn colors and temperatures have begun to gently grace gentle evenings and cool, misty mornings.  The children flock to school every morning and we have all become immersed in our daily routines as summer family fun and vacations become a pleasant, yet distant memory…

"Above all, we must realize that no arsenal, or no weapon in the arsenals of the world, is so formidable as the will and moral courage of free men and women."  –Ronald Reagan

Veto Session:  An Attempt to Reign in Washington

As you have probably heard in the media today, the Missouri Legislature attempted to overturn one of Governor Nixon's vetoes yesterday during our annual Veto Session.  The bill [HB1903] that the Governor vetoed would have set up a Joint Committee of the Legislature to control and keep track of the stimulus funds that President Obama and the US Congress forced upon the States last year.  If these taxpayer produced stimulus funds are going to come to our State, it only makes logical sense for the Legislature, the body that always retains the "power of  the purse" to have some say and control over how these funds are directed and spent, not the Governor's office.  And, back in Regular Session, in May, nearly EVERY member of the Missouri House of Representatives agreed.  Over 150 members of the House voted FOR this bill during Regular Session and only THREE Representatives (all Democrats) voted against the bill.  You would think that with such an overwhelming, bipartisan, massive majority the Governor's veto would be easily overridden and Missouri taxpayers would be given some protection regarding theses stimulus funds.  Unfortunately, politics and partisanship trumped good public policy yesterday and on a nearly complete partisan, party line vote, House Democrats "voted against the bill after they voted for it" and decided to protect the risky economic policies of their Governor.

In defense of their vote, House Democrats made several weak and hollow arguments yesterday, in sum and substance that "because the Governor decided the bill was unconstitutional, then it must be so, therefore, why vote for this bill?"  I am sorry but when did Governor Nixon become Judge Nixon?  Did the Governor take a straw poll of the Missouri Supreme Court and determine that a majority of our Supreme Court Justices would find the bill unconstitutional?  The answer to these questions is that the bill has NOT been determined to be unconstitutional, that is simply the Governor's and the House Democrats interpretation.  And that argument could be made for any piece of legislation that is ever passed by any legislative body anywhere in the country.  But it is the Courts that are given the unique and sole province of actually determining constitutionality.

No, the real reason that House Democrats voted against a bill yesterday that would have brought more transparency and accountability to how our stimulus funds are being spent is that they decided to place party and politics over good public policy and simply stand with their Governor on this issue.  It is unfortunate that after all we have seen and heard from the American people this election season that the Governor and House Democrats want to continue to carry water for the reckless spending and disastrous policies coming out of Washington.

To end on a positive note, I want to commend and take note of the one Democrat who joined all of the House Republicans in voting to overturn the Governor's veto on this good government bill.  My good friend and colleague, Rep. Jamilah Nasheed from the City of St. Louis, put partisanship and policy aside and voted once again for a bill that she voted for and believed in a few short months ago when the legislation passed the House the first time.  I want to congratulate and thank Rep. Nasheed publicly for her courage and the strength of her convictions.  If only the remainder of her caucus had been so intellectually honest and given the Missouri taxpayers the protection from Washington policies that they all deserve.

Common Sense in the Heartland

At right: Touring the Prairie State Energy Campus & Mine with a bipartisan group of legislators: Clean Coal = Jobs = Affordable Energy!

It is not uncommon for folks to periodically address me as "Congressman" (along with all sorts of other titles…some nice, some not so nice!).  This title is reserved for our representatives in Washington, D.C. and whenever someone calls me by any title, I typically invite them to "just call me Tim".  There are many other differences between the Representatives who serve in the Missouri House and the Congressmen who serve in Washington, D.C.  Recent public surveys indicate that Americans are very unhappy with what is going on in Congress.  At the same time, polls indicate that a majority of Missourians agree with the general direction of Missouri State government.  Why are attitudes so different?  This led me to the conclusion that there are two ways to run government.  There is the "Washington Way" as orchestrated over the past two years by President Obama, Speaker Pelosi and Senate Leader Reid.  There is also the "Missouri Way".  The "Missouri Way" is more responsive to our citizens, seeks private solutions for problems and recognizes that the only way out of our current economic problems is to keep taxes low and encourage private investment.

The distinction between these two approaches can be made in several ways and is perhaps most significantly seen by highlighting the differences between Washington's versus Missouri's approach to Taxing and Spending.

During the first 100 days of his presidency, President Obama signed the $787 billion stimulus bill into law, proposed an eye-popping $3.6 trillion federal budget for the 2010 fiscal year, and created additional multi-billion-dollar government programs supposedly to help grease the economic wheels.  It took the United States of America 233 years (1776-2009) to amass a national debt of $11 trillion.  Yet, President Barack Obama's record large 2010 budget deficit estimated at $1.85 trillion and his own spending plans will likely double the national debt over the next 10 years.  There seems to be no limit in the President's and Congress's appetites to spend our money and run up large deficits.  The most immediate affect of such a reckless policy is to force our national government to raise the rate of interest paid on government borrowings so as to attract lenders.  We all fear that the "Washington Way" of spending will lower the standard of living of our children, grandchildren and generations to come.

As a direct consequence of this spending, the President is now calling for a massive tax increase at the federal level by ending most of the Bush Tax Cuts.  The President is using tiresome class warfare arguments by proposing a big income tax increase for the "rich" who have over $200,000 per year income.  This tax will hit 50% of all small business income because 85% of small business owners are taxed on profits at individual tax rates.  We are all smart enough to know who creates new jobs in America, and it isn't people or businesses that do not make a profit.  Americans have also relearned the hard way over the last 18 months that the government doesn't create net new employment.  We need not raise taxes in the middle of the worst economic times since the "Great Depression".  Despite this obvious truth, big taxes and big spending are part of the "Washington Way" of doing things.

The "Missouri Way" is no new taxes.  Last year, Governor Nixon made a promise not to raise taxes.  Despite this promise, in late December, his tax commission voted to raise real estate taxes on some Missouri farmers by almost 29%.  This decision by the Missouri State Tax Commission would increase taxes on much of the farmland in our communities.  The commission's proposal would raise taxes on the most productive agricultural land, which generally consists of cropland, by 29% and decrease taxes on less productive land.  The changes would result in an overall 11% tax increase statewide on agricultural land with the impact being larger in the 118^th Legislative District.  The General Assembly earlier this year passed a Joint Resolution that killed this jobs killing tax increase.

The "Missouri Way" is also a balanced budget.  With little help from the Chief Executive, the General Assembly pared $600 million from the original proposed budget.  We have made Missouri State government more accountable and efficient.  Budget challenges will continue when the General Assembly reconvenes next January.  These challenges will be met to reach a balanced budget without new taxes because this is the right way to run a government.

As Tragedy Strikes in the Gulf, We Must Step Up to Help

Let us not forget that millions of Americans continue to be affected by the oil spill in the Gulf. Even though many of us feel like there is nothing we can do to stop the damage, WE can help those in need.  While the federal government continues to bumble and stumble its way clumsily through this crisis, great leaders like Governor Jindal and Governor Barbour continue to rally the spirits of the citizens of their States and take specific actions to solve the challenges presented by this crisis.  We have seen the ineptitude of the federal government on full display and it has once again been confirmed that it is we, the people, who can best help our fellow Americans.  I encourage all of you to step up and do what you can to help those who need us the most.  Several websites are accepting donations to aid the people and wildlife of the affected region such as the following:

• www.greatergood.org
• http://www.unitedwaynola.org/gulfoilspill/index.html
• http://www.gnof.org/programs/gulf-coast-oil-spill-fund/disaster-on-the-gulf-coast/
• www.causes.com
• www.nwf.org

If you are not able to give financially, please do continue to keep the families of the Gulf region in your daily prayers.

MO Source Link:  A GREAT resource for YOUR small businesses!

MOSourceLink connects a network of nonprofit resource organizations that provide business-building services for small businesses.  Their network of resource partners provides a wide-range of business-related services including marketing, financial planning, product development, education and much more.  To learn more, call the MOSourceLink hotline today at: 866.870.6500 or visit their website at: www.mosourcelink.com.

Visiting the Capitol

If you ever find yourself in or around Jefferson City at any time during the year, please feel free to visit us!  Stop by Room 114A and, even during the interim session, Jody will be happy to meet and greet you!

Personal News & Notes

At right: Rep. Jones with family & friends, enjoying some summer fun on vacation.

Being "out of Session" has definitely not resulted in life slowing down much at all.  Working almost daily at the law firm, keeping up with constituent services and attending different events in and around the District have kept me more than occupied during the Interim Session.  I want to thank my wife, Suzanne, and all of my colleagues at my law firm of Doster Ullom for their constant and continuing patience and understanding and for continuing to support me in my calling as I work to serve my constituents and to continue to work towards my vision and goal of making Missouri a better place to live, work and raise a family.  My two daughters, Katie and Abby are a constant reminder of why I have chosen public service as part of my career and that there are future generations and a "greater good" that we are all striving for when we "set to the task" each year in Jefferson City.  Please do not hesitate to contact our office if we can ever be of any assistance and I hope you continue to have an excellent and safe summer.

Until our next update, I am, and remain, in your service.

Joe Smith: Final Statement

Today I leave our State Capitol after closing up the final week of session during my career as State Representative. Serving the people of my district and of this great state as a Representative was truly a great experience. I will always cherish and appreciate the people of Missouri House District 14 for sending me to the Capitol to serve them for the last 8 years. I look forward to representing you in the future one day on a different level. God Bless everyone for this opportunity.

Kraus: Veto Session

On Wednesday, September 15, I was back in Jefferson City for veto session.  If the governor vetoes any bill passed by the General Assembly, we are required by the constitution to return for a formal veto session.  It is part of the constitutional checks and balances that are in place to maintain a balance of power between the governor's office and the legislature.

This year, the House initiated an override effort on HB 1903, a bill that sought to create two funds.  One, the Federal Budget Stabilization Extension Fund, was to receive money from any legislation enacted by this Congress to assist states in budget stabilization or that extended the temporary increase in certain Medicaid funds.  The second fund, Race to the Top, was to receive money from the federal program of the same name.

In creating special funds for receipt of these federal monies, House members wanted to be more involved and therefore bring more openness and transparency to decisions regarding the use of federal stimulus money.  One concern is the handling of $209 million in enhanced Medicaid payments coming to the state from Congress.  In addition, federal stimulus funds were recently spent to sponsor a film festival and expensive meals – showing a huge lack of oversight of how these funds were meant to be used for job creation and economic development.

The effort fell short by 24 votes out of the 109 needed.  While in regular session only a simple majority of both Houses is required to pass a bill, veto session demands that 2/3 of each chamber vote to override the governor's veto.  Because the bill originated in the House, any override effort had to be initiated and passed in the House, and therefore the Senate was precluded from considering this bill.

On the Senate side, only SB 777 was vetoed.  SB 777 allows for the sale of certain financial products and plans associated with certain loan transactions.  The Senate took no action on the one bill on which it could initiate an override.

Of the over 100 bills passed by legislators, Gov. Nixon vetoed only five and part of one more, HB 2007.

I was excited to be back in my legislative seat to conduct the people's business.  For the rest of the year, I will be in Eastern Jackson County to serve you.

Public Service Commission Invites Comments On Telephone Service

We now refer to the old fashioned telephone as a "land line."  For many of my constituents, it is still their primary means of communication with the outside world, and often, it is their only method.

They may not be able to afford the modern technology or they may feel overwhelmed by it and prefer to stick with what they know.  For some, their land line is their communication with medical alert systems, and therefore extremely necessary that their telephone service be reliable and clear.

If you are having problems with your land line, now is the time to speak up.

The Missouri Public Service Commission (PSC) has opened up a comment period to determine if residents of Missouri are receiving poor service with their land lines.  Because the PSC has received some complaints, staff is trying to find out if there are widespread or frequent problems that may be due to deteriorating facilities that can result in poor quality of service.

Comments can be submitted to the PSC.  There are two ways to do it.  By mail, you can send written comments to the Missouri Public Service Commission, P.O. Box 360, Jefferson City, Missouri 65102.

Electronically, you can go to the PSC website at http://www.psc.mo.gov, click on the EFIS/Case filings link, scroll down to "Submit Public Comments," and click on the public comment link. 

Either way, the reference case number to use is TO-2011-0047.  All comments become a matter of public record.

Any findings will be reported to the Public Service Commissioners, a group of five people who are appointed by the governor.  The PSC regulates investor-owned electric, steam, natural gas, water and sewer and telephone companies. Its job is to ensure safe, reliable and reasonably priced utility service while allowing utility companies to earn a reasonable return on their investment. The PSC makes the final decisions on utility rate increases.

I always want to see people participate in their government.  If you are having problems with your telephone service, I hope you will take this opportunity to let the PSC know.

No Call List for Cell Phones

Recently, I received a complaint about telemarketing calls to cell phones.  While the Missouri Attorney General's office does not register cell phone numbers, these numbers can be registered on the National Do Not Call Registry.  You can register your home or mobile phone for free.  Most telemarketers should not call your number once it has been on the registry for 31 days, and if they do, you can file a complaint from the website.  Here is the link to the website:  National Do Not Call List.

Vietnam Veterans Memorial Comes to Blue Springs

Don't forget to visit the Wall That Heals, a half-scale replica of the Vietnam Veterans Memorial Wall located in Washington, D.C.  It is coming to Pink Park in Blue Springs from September 30 to October 3.  The free traveling exhibition allows veterans, families, friends and students to honor the 58,000 men and women whose names are inscribed on the Wall.  A video about the exhibit is available at Blue Springs "Wall That Heals."

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.

Nodler: Veto Session: A Time for Goodbyes

Each year, legislators return to the Capitol in mid-September for the General Assembly’s annual veto session. A September veto session is required by the Missouri Constitution to give lawmakers the chance to consider bills vetoed by the governor. By the end of the regular session in May, 32 Senate bills and 74 House bills were approved by the Legislature and sent to the governor; the governor vetoed four House bills and one Senate bill.

In order for the Senate and House to override a governor’s veto, the Legislature has to have a two-thirds majority vote during veto session. It is much more difficult to accomplish than the simple majority required to pass a bill. The last time a veto override was successful was in 2003, when we voted to overturn three vetoes, allowing Missourians to carry concealed weapons, barring lawsuits against gun manufacturing companies and requiring a waiting period for certain medical procedures related to abortions.

Measures vetoed by the governor that were up for consideration included:

• Senate Bill 777 – Allows for the sale of certain financial products and plans associated with certain loan transactions.
• House Bill 1831 – Allows school districts, after 10 years, to sell as surplus any real property that has been donated to it if the donor refuses the district’s offer to return it.
• House Bill 1741 – Changes the laws regarding a meeting of a board of directors or the executive committee of a corporation.
• House Bill 2317 – Requires each member of the General Assembly to be provided with a key to access the State Capitol dome and authorizes the governor to convey certain state property.
• House Bill 1903 – Creates the Federal Budget Stabilization Extension Fund and the Race to the Top Fund to receive moneys from any legislation enacted by the 111th United States Congress.

This time of year also gives us a chance to say goodbye to retiring members of the Missouri Senate. I am one of the 10 senators that cannot be re-elected to the Senate due to term limits. The Senate held a retirement ceremony in the chamber prior to veto session. It has been a pleasure to serve our state and the 32nd District. There are many people to thank for my success in the Missouri Senate — my personal staff, Senate staff, and my friends and family— but most importantly, I would like to thank the people in the district who gave me the opportunity to serve these past eight years.

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 e-mails and letters. In the meantime, I will be suspending these weekly columns, but I will continue to issue news releases as events and items of interest arise.

Davis: It's About Children

Date: Wed, Sep 15, 2010 at 10:02


I joined others in this ribbon cutting event for the Ron Schmidt State Farm Insurance Agency.

It's About Children

What is the public purpose of marriage?  There are many personal reasons why people want the emotional satisfaction that comes from security of a lifelong relationship, but the process of recording a marriage must be for some public purpose if it is going to involve government.

The public purpose of marriage is to define legal responsibility.  When men and women trust their lives and fortunes to one another, the law confers certain privileges and obligations. And then if the couple has children the government assigns additional parental privileges and obligations. Were it not for these legal rights and liabilities, the marriage certificate process is reduced to a "governmental registry of friendships".  Clearly, there is no public purpose for recording friendships.

Biology determines parenthood. The essential public purpose of marriage is to attach children to their mothers and fathers and to attach their parents to each other. Every child deserves to be raised by a mother and a father.  If not, it is because a personal tragedy occurred and the members of our communities will be called upon to work harder to make up for the loss, whether that community is the family, church, neighbors or taxpayers.

Sometimes children cannot be raised by their parents and adoption is designed to deal with exceptions.  Every child has parents and deserves a relationship with both of them.  Even children who were conceived through artificial gamete donations frequently desire to know who their fathers are and some have gone to great lengths to try to find them. We as a society ought to understand the desire to know from where we came and many parents as well as children receive a special feeling of completeness in their lives when they have the satisfaction of meeting those who are responsible for bringing them into the world.  This is about justice for the child.  Deep down inside we all have a sense of what is right and wrong.

Just because two people are living together does not mean the non-biological "live-in" is entitled to be the other parent of the child.  When a person is not related to the child by adoption or by birth, they may be very good friends, but they are not parents.  We cannot allow custody rights for non-parents.  This is an effort to redefine parenthood.

For additional insight about the public purpose of marriage and parenting, click here to hear a podcast about the rights of children: Redefining Parenthood

Because of biological facts, homosexuals cannot reproduce.  There is a growing trend to create a baby through artificial methods, however this still only allows for the woman who actually gave birth to be listed on the birth certificate.  I agree with only allowing the child to have one parent listed because the break up rate between homosexuals is very high.  Some of the states trying to create a legal bond between homosexuals discovered it makes things more complex than ever when they break up---and that break up rate is about 87%.

A constituent contacted me with a tragic story.  Her daughter was in a homosexual relationship.  The couple planned for each one to bring a baby into the world through artificial methods with the intent of adopting each other's babies.  Some judges are granting "step parent" adoptions to people who are not legally married.  Even though they found a judge who would participate in this, our laws do not provide for this type of legal status.

The department of vital statistics has a standard birth certificate with a space for the "Mother" and another space for the "Father". Because of these court orders, the department of vital statistics has found it necessary to make up a "special birth certificate" to accommodate two mothers, two fathers, or even more than two parents. The legislature passed laws to assure that children would only have one mother and one father.  Even if a judge supports homosexual activism personally, he has no statutory authority to rule contrary to our state laws.

Unfortunately, their relationship broke up and the distraught daughter took her life.  Now the former girlfriend took the child and is fighting for the legal right to prevent the grandparents and all relatives be a part of the child's life and is fighting to claim the estate, 401K investments, life insurance and equity in the house.  Additionally, she is now collecting social security benefits for both the orphaned child as well as her own child.  How's that for asking the taxpayers to pay for your own personal choices?

When I was sworn into this office, I took an oath to uphold the constitution and all state laws.  When a law appears to be distorted or ignored, it is appropriate for those who took the oath to craft new laws that will clarify the intent of the legislature for the benefit of the judges who may be confused by the lack of specificity.

If a person were manufacturing and distributing counterfeit money, we would have an obligation to take the bills out of circulation.  If a person robs a bank, he has to give the money back.  This kind of adoption is a fraud and has no legal merit because of the false premise on which it was granted.  This story is a sham, a mockery of our laws and a national embarrassment to our state.

We dare not allow people who play games with activist judges and who are merely "friends" to trump our existing biological-preference structure to determine who should raise the child when the only known parent dies.  Our families are the bedrock of our society.  Our children are too important to give them to any non-related adult.

These adoptions should not be recognized because it obviously was a political charade for the purpose of accomplishing a strategic homosexual agenda in blatant defiance of our state statutes.  Our public policy is not based upon what people do in their bedrooms; it is based upon the state laws.  Judges, who wish to change our laws, must first get elected to the legislature and then get a majority of legislators to vote with them---highly unlikely, but the only legitimate way to change our laws.

The best way to establish public policy is to preserve the foundation and bedrock of our civilization.  Government does not exist to make people "feel good".  It exists to administrate justice for all.  When we have justice, we will have stability and people will feel positive about our society.

Your thoughts are important to me, so please let me know what you think about preserving our current legal family structure. You can send me your opinion by clicking here: Cynthia Davis

A Note About My Capitol Office

My Legislator Assistant, Denia, will be on vacation Sept. 16-28. Because of this our next Capitol Report will be coming out September 30.  If you need urgent assistance from me, please call me at my home in O'Fallon 636-240-6369.

A Little Bit of Humor

During the wedding rehearsal, the groom approached the minister with an unusual offer. "Look, I'll give you $100 if you'll change the wedding vows. When you get to me and the part where I'm to promise to 'love, honor and obey' and 'forsaking all others, be faithful to her forever, I'd appreciate it if you'd just leave that part out."

He passed the minister the cash and walked away satisfied.

The wedding day arrives, and the bride and groom have moved to that part of the ceremony where the vows are exchanged. When it comes time for the groom's vows, the minister looks the young man in the eye and says, "Will you promise to prostrate yourself before her, obey her every command and wish, serve her breakfast in bed every morning of your life and swear eternally before God and your lovely wife that you will not ever even look at another woman, as long as you both shall live?"

The groom gulped and looked around, and said in a tiny voice, "Yes."
      
The groom leaned toward the minister and hissed, "I thought we had a deal."

The minister put the $100 into his hand and whispered back, "She made me a much better offer."

Gatschenberger: Sending a Message to Washington, The Missouri Way

Missourians were the first voters in the nation to go to the ballot box and reject the reckless federal health care takeover.  The results were as stunning as they were clear: more than 71% of Missouri voters, including Republicans, Democrats, and independents, supported Proposition C and the effort to protect an individual's right to make his or her own health insurance choices.

Missourians sent Washington a clear message: stay out of our health care decisions!

Republicans have been right all along—it is time to repeal the existing health care law and replace it with a conservative alternative that does not burden Americans with unnecessary mandates and outrageous costs.  The Missouri Republican Party stood strongly in favor of Proposition C, unanimously endorsing the Health Care Freedom Act.

Proposition C passed in 114 of 116 election jurisdictions—including every county in the state—garnering more than 668,000 votes in Missouri.

This was a bipartisan declaration to Washington.  At least tens of thousands of Democrats voted YES on Proposition C.

Washington's tone-deaf reaction

The White House dismissed the Prop C vote, claiming that the results meant "nothing." Source: The Hill

Senate Majority Leader Harry Reid's response was even more offensive.  According to the Wall Street Journal, Reid dismissed the results of the election, claiming that Missourians aren't educated enough to understand the federal health care law.

Reid: "It's very obvious that people have a lack of understanding of our health care reform bill," Reid said. "The more people learn about this bill, the more they like it."

This tone-deaf and arrogant reaction is exactly the reason why so many Americans across the country are fed-up with Democrats in Washington.  More than 71% of voters sent a clear message rejecting the liberal agenda, yet Democrats continue to dismiss the will of the people and insist that we're simply not capable of making our own decisions.  What do you think?  How does this make you feel?

The Missouri Way

Occassionally, I am addressed as "Congressman".  I'm quick to correct that this title is reserved for our representatives in Washington, D.C.  Sadly, I realize that my correction is motivated by my hope not to be confused with what is going on in Washington.  Recent public surveys indicate that Americans are very unhappy with what is going on in Congress.  At the same time, polls indicate that a majority of Missourians agree with the general direction of Missouri State government.  Why are attitudes so different?  This led me to the conclusion that there are two ways to run government.  There is the "Washington Way" directed by President Obama, Speaker Pelosi and Senate Leader Reid.  There is also the "Missouri Way".  The "Missouri Way" is more responsive to our citizens, seeks private solutions for problems and recognizes that the only way out of our current economic problems is to keep taxes low and encourage private investment.

The distinction between these two approaches can be made in several ways: Policies of Taxing and Spending, Size of Government and Life Issues and Traditional Family.  I will discuss these alternative approaches to public service… starting with Washington's and Missouri's approach to Taxing and Spending.

During the first 100 days of his presidency, President Obama signed the $787 billion stimulus bill into law, proposed an eye-popping $3.6 trillion federal budget for the 2010 fiscal year, and created additional multi-billion-dollar government programs supposedly to help grease the economic wheels.  It took the United States of America 233 years (1776-2009) to amass a national debt of $11 trillion.  Yet, President Barack Obama's record large 2010 budget deficit estimated at $1.85 trillion and his own spending plans will likely double the national debt over the next 10 years.  There seems to be no limit in the President's and Congress's appetites to spend our money and run up large deficits.  The most immediate affect of such a reckless policy is to force our national government to raise the rate of interest paid on government borrowings so as to attract lenders.  We all fear that the "Washington Way" of spending will lower the standard of living of our children, grandchildren and generations to come.

As a direct consequence of this spending, the President is now calling for a massive tax increase at the federal level by ending most of the Bush Tax Cuts.  The President is using tiresome class warfare arguments by proposing a big income tax increase for the "rich" who have over $200,000 per year income.  This tax will hit 50% of all small business income because 85% of small business owners are taxed on profits at individual tax rates.  We are all smart enough to know who creates new jobs in America, and it isn't people or businesses that do not make a profit.  Americans have also relearned the hard way over the last 18 months that the government doesn't create net new employment.  We need not raise taxes in the middle of the worst economic times since the "Great Depression".  Despite this obvious truth, big taxes and big spending are part of the "Washington Way" of doing things.

The "Missouri Way" is no new taxes.  Last year, Governor Nixon made a promise not to raise taxes.  Despite this promise, in late December, his tax commission voted to raise real estate taxes on some Missouri farmers by almost 29%.  This decision by the Missouri State Tax Commission would increase taxes on much of the farmland in our communities.  The commission's proposal would raise taxes on the most productive agricultural land, which generally consists of cropland, by 29% and decrease taxes on less productive land.  The changes would result in an overall 11% tax increase statewide on agricultural land with the impact being larger in the 118^th Legislative District.  The General Assembly earlier this year passed a Joint Resolution that killed this jobs killing tax increase.

The "Missouri Way" is also a balanced budget.  With little help from the Chief Executive, the General Assembly pared $600 million from the original proposed budget.  We have made Missouri State government more accountable and efficient.  Budget challenges will continue when the General Assembly reconvenes next January.  These challenges will be met to reach a balanced budget without new taxes because this is the right way to run a government.

I encourage you to contact me with any concerns and/or suggestions that you may have for Missouri legislation.  Please feel free to call at (573) 751-3572 or email at chuck{dot}gatschenberger{at}house{dot}mo{dot}gov.  Thank you for the honor to serve as your Missouri State Representative.

Statement on the Proposed "Cordoba House" Mosque near Ground Zero

This is a good explanation of the mindset of Islam, Muslim thinking, and why the mosque at ground zero should NOT be built.  It has nothing to do with the first amendment.

Newt Gingrich, July 21, 2010 6pm
[Link to original statement]
 
There should be no mosque near Ground Zero in New York so long as there are no churches or synagogues in Saudi Arabia. The time for double standards that allow Islamists to behave aggressively toward us while they demand our weakness and submission is over.

The proposed "Cordoba House" overlooking the World Trade Center site - where a group of jihadists killed over 3000 Americans and destroyed one of our most famous landmarks - is a test of the timidity, passivity and historic ignorance of American elites. For example, most of them don't understand that "Cordoba House" is a deliberately insulting term. It refers to Cordoba, Spain - the capital of Muslim conquerors who symbolized their victory over the Christian Spaniards by transforming a church there into the world's third-largest mosque complex.

Today, some of the Mosque's backers insist this term is being used to "symbolize interfaith cooperation" when, in fact, every Islamist in the world recognizes Cordoba as a symbol of Islamic conquest. It is a sign of their contempt for Americans and their confidence in our historic ignorance that they would deliberately insult us this way. Those Islamists and their apologists who argue for "religious toleration" are arrogantly dishonest. They ignore the fact that more than 100 mosques already exist in New York City. Meanwhile, there are no churches or synagogues in all of Saudi Arabia. In fact no Christian or Jew can even enter Mecca. And they lecture us about tolerance.

If the people behind the Cordoba House were serious about religious toleration, they would be imploring the Saudis, as fellow Muslims, to immediately open up Mecca to all and immediately announce their intention to allow non-Muslim houses of worship in the Kingdom. They should be asked by the news media if they would be willing to lead such a campaign.

We have not been able to rebuild the World Trade Center in nine years. Now we are being told a 13 story, $100 million mega mosque will be built within a year overlooking the site of the most devastating surprise attack in American history.

Finally where is the money coming from? The people behind the Cordoba House refuse to reveal all their funding sources. America is experiencing an Islamist cultural-political offensive designed to undermine and destroy our civilization. Sadly, too many of our elites are the willing apologists for those who would destroy them if they could.
 
No mosque.
 
No self deception.
 
No surrender.
 
The time to take a stand is now - at this site on this issue.

Habitat for Humanity – Apply for a Home - Donate or Volunteer!

My office received notice today that Habitat is accepting applications for their new cycle.

"Habitat St. Charles is now seeking prospective families for our upcoming rehab project in the City of St. Charles 2 bedroom/1bath and also our waiting list of our building project in St. Peters."

If you are interested please go to www.habitatstcharles.org under the "how to become a homeowner tab" Requests must be received by 9/20/2010.  Please see Habitats website for more info.

St. Charles Public Schools Score!

St. Charles County public school students outscore Missouri and the U.S. on ACT test

[Link to original article]

Sources of graph at right: ACT.org website, local school districts, Suburban Journals, EDC of St. Charles County (Aug. 2010).

The ACT test results are in and public high school students in St. Charles County outperformed the Missouri and U.S. composite score averages for the 2009‐2010 school year.

The average composite score for St. Charles County public high schools was 22.2 and the highest average score was 23.1 at Francis Howell High.

By comparison, Missouri’s average composite score was 21.6. For the U.S., it was 20.5. The highest possible ACT score is 36.

“This is a positive sign of success for all of those in the community who have been working alongside students, families, educators, and district officials to continually improve local performance,” said Greg Prestemon, president and CEO of the Economic Development Center of St. Charles County and president of the Partners for Progress of Greater St. Charles. “Hundreds of students have received direct assistance from the Partners for Progress through our annual ACT Prep Scholarship program and we are excited to recognize the measurable difference it is making in tandem with other local efforts."

Prestemon also singled out initiatives school districts in St. Charles County have been championing in recent years to encourage METS curriculum and activities (math, engineering, technology, and science), robotics teams, Singapore Math, and Project Lead The Way which offers pre-engineering courses in high school.

Currently between 60‐79% of high school students in Missouri take the ACT. States with 80% or more student participation include Illinois, Michigan, Florida, Ohio and Texas.

The American College Test or “ACT” is a national college admission and placement exam that has been standain all 50 states since 1960, according to the ACT.org website. The test assesses high school students’ generaeducational development and their ability to complete college-level work. Multiple-choice questions cover English, math, reading and science. An optional writing test involves a short essay.

“As a community, we are encouraging all families and students to prepare for and participate in the annual test,” Prestemon said, “and we look forward to continuing our work with district officials and others in St. Charles County to better prepare the workforce of tomorrow.”

MoDOT Closing Notice

Jungermann Road will be closed @ Route 94 for up to 8 weeks beginning Sept 21. Local traffic will need to use Harvester Road and other local roads to cross Route 94/364 in this area.  The traffic signal @ Route 94/Jungermann will not be in operation during this time.

Fun Facts

"America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves." –Abraham Lincoln

Schupp: "Let's Talk", Veterans Oral History Project, Domestic Violence Task Force Panel

Dear Friends and Neighbors,
Serving in the District during the interim has kept me busy and allowed me to visit with many of you. That has been a pleasure.

The critical nature of having access to quality health care was made even more poignant as my husband experienced a month-long absence from work followed by surgery and the ongoing recovery period.

It became even more clear to both of us that we are among the fortunate who could take the time and access the resources to get the appropriate care and rest needed to heal...the care that each of us would want for our family members and ourselves.

Health care is vital and essential and I will continue to work to ensure that my constituents, friends, fellow Missourians and Americans have access to quality health services and care. It should be a basic right in this great nation of ours. That must be a priority.

Truly,

Jill

"Let's Talk"

A Successful Community Gathering

Thank you to the more than 100 of you who attended our "Let's Talk" discussion on the Federal Health Care Legislation lead by Missouri's Director of Health and Senior Services, Margaret Donnelly.

Director Donnelly reviewed the provisions of the Health Care Reform Legislation that are going into effect now, and explained the provisions that will be implemented going forward.

Questions about individual concerns were heard and discussed. Guests were treated to a wonderful breakfast courtesy of The Pasta House, blood pressure screenings were provided on site at no charge through Barnes Jewish West County Hospital, which also provided pocket sized First Aid kits.

Veterans' Oral History Project

You may know that during the past legislative session, as we made significant cuts in the budget, we made a decision to re allocate dollars previously allotted for recording Veterans' Oral Histories.

While I believe the budget decision was the correct one to make, I also believe the program to be an important one for our Veterans, our state, and our country. On the House floor, I asked what I believed to be the obvious, "Why hadn't this program been coordinated and operated through our nationally respected Journalism School at the University of Missouri?"

The cost savings benefits would be one obvious aspect of this arrangement, but also, the benefits of creating the opportunity for students and veterans to work together to preserve our history seemed immeasurable to me.

So, during the interim period, which takes place mid-May through early January, I have been working with an amazing team of individuals who have stepped forward to make this vision a reality.

From an MU Curators' Distinguished Professor to the MU Broadcast Journalism Dept. Chair; to Professors of History at MU, Columbia College and Stephens; to Archivists, Historians, and Court Reporter Organizations: to an Honor Flight Coordinator; Library of Congress representative; to Veterans' Organizations Officials, to students, Veterans and elected officials, we have put into place our pilot program in Columbia, MO, and will be spreading the program throughout the state.

The people who have come to the table to work on this are passionate, professional and committed to success. Our Universities are putting into place an accredited course for participating students.

As we progress, I will be asking you about your interest in becoming an interviewer, submitting names of interested Veterans, or perhaps even donating to support the effort.

Until then, know that this invaluable program is underway, and that our Veterans' stories will be told and kept for posterity.

Schupp Asked to Participate on DomesticViolence Task Force Panel

On September 1, Attorney General Chris Koster created a domestic violence task force to examine our state's laws that were created more than three decades ago.

In separate information-gathering meetings around the state, panels will hear from members of law enforcement, prosecutors, victims' advocates, and probation and parole and court officials. In the meeting in St. Louis, poignant testimony was provided by a victim who only felt safe enough to testify because her former husband and abuser recently committed suicide.

The task force will look for ideas and solutions to help improve the state's ability to address domestic violence.

Two additional meetins are planned in September: Sept. 20 in Columbia and Sept. 27 in Kansas City.

For more information on the Domestic Violence Task Force, please call the Missouri Attorney General's office at (573) 751-3321.

Senator Gary Nodler Recognized by Missouri State Assessors’ Association

Jefferson City — Senator Gary Nodler, R-Joplin, was recently recognized by the Missouri State Assessors’ Association for his efforts during the 2010 legislative session. The award was presented at the Assessors’ Association’s annual conference in Branson on September 9.

“I am honored to be recognized by the Missouri State Assessors’ Association,” said Sen. Nodler. “The role of the assessor is one that fulfills a constitutional obligation in this state, and keeping the assessment system equitable takes the work of our dedicated local assessors throughout Missouri.”

In particular, Sen. Nodler was recognized for his work on Senate Bill 588, which protected local assessors in many counties from facing an unfunded mandate. The bill extends the amount of time local assessors have to meet projected tax liability requirements before they have to provide tax liability notices stating the increased assessed value. With the passage of this legislation, assessors are now able to wait until they receive software from the State Tax Commission, which is necessary to provide such notices.

“Senate Bill 588 ensures that the public will have access to information about their projected tax liability, without placing unnecessary financial stress on our local assessors’ offices,” said Sen. Nodler. “It is an issue of fairness, and I was pleased to help our assessors in this way.”