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08 March 2011

Allen: Prop B Reservations Explained

HB 131 – Clarification of Prop B


My office has received many calls about HB 131 which would clarify the ambiguous language within the recently passed Proposition B. It is my duty to ensure that the “spirit of the law” within an initiative petition is carried out correctly and does not have unintended consequences. Bills passed in the House go through Committees and an amendment process to ensure the bill does only what it intends. Initiative petitions like Prop B do not have this luxury.

For example, HB 131 revises the term "pet" from meaning any domesticated animal to only include dogs in order to protect farmers, who were not the target of this bill. HB 131 also takes measures to strengthen the intent of Prop B. It improves some of the care guidelines by, for example, increasing feeding requirements from once a day to once every twelve hours and by increasing necessary veterinary care from once yearly to at least two personal visual examinations annually by a licensed veterinarian. It also removes the exemption of retail stores, show breeders, animal shelters, and dog trainers from these regulations.

For more details on this legislation, please refer to the chart on page 3.

HB 61 – Minimum Wage Law


HB 61 passed the House last week. There is harsh rhetoric surrounding this bill and I would like to clarify the facts. This bill would automatically match the state minimum wages to the national minimum wage. The national and state minimum wages are currently equal – so no one working at minimum wage will see a pay decrease.

Currently, the minimum wage adjusts yearly based upon the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). The CPI-W is a national index with absolutely no direct tie to Missouri. Missouri continues to be one of the greatest “bang-for-the-buck” states in the country. In the fourth quarter of 2010, Missouri had the 8th lowest cost of living in the United States. Tying ourselves to a national index is a disservice to Missourians. Small businesses that are already struggling will be forced to lay off workers and/or raise the cost of goods to comply with these automatic adjustments. This would make Missouri a more expensive place to live and hurt lower income families. With the exception of Illinois, all bordering states have their minimum wage at the national level. A fluctuating wage rate creates uncertainty for employers and can put our state at a comparative disadvantage to our neighbors. HB 61 will protect all Missourians and our businesses.

HB 76 – Corporate Franchise Tax


Last week the House passed HB 76 to phase out the corporate franchise tax. This is designed to give us a legup in attracting new businesses to the state. HB 76 is part of the Show-Me Solutions package backed by the Speaker.

HB 116 – Tax Amnesty


Our Tax Amnesty bill has passed the House! This is the bill that Rep. Flanigan and I have worked on since last summer. It authorizes amnesty from the assessment or payment of all penalties, additions to tax, and interest on delinquencies of unpaid taxes administered by the Department of Revenue which occurred on or prior to December 31, 2010. Many other states have successfully used this approach and, based on the fiscal review of this bill, HB 116 is expected to bring in $74 million in back taxes. This collection of revenues will help cover budget shortfalls.

HB 214 – Human Trafficking


HB 214, sponsored by Representative Zerr, passed the House. This bill makes punishments harsher for perpetrators of human trafficking and protects the victim’s legal rights more securely. It does this by expanding and solidifying the definition of these crimes, and by making the penalties more severe for the perpetrators. Most importantly, in cases of sexual trafficking the defendant can no longer use the defense of being unaware of the victim’s age. These human trafficking reforms are vital to combat these crimes against humanity.

HB 107 - Elections


The House third read and passed HB 107. The bill requires special elections to fill vacancies in the positions of United States Senator, Lieutenant Governor, Attorney General, Secretary of State, State Auditor, and State Treasurer.

The Shoeman


I would like to recognize an outstanding citizen from the District for his charity work in Kenya and other East African countries. George Hutchings has earned himself the title of “The Shoeman” through his work collecting used shoes in the area. George exports these shoes to retailers in developing countries, where they are cheaply resold to local people. George has expanded his work to use the excess returns from exporting the shoes to initiate clean drinking water programs in these countries.

Please help The Shoeman’s cause by donating any used shoes from you or your family! You can find easy drop off points located near you on The Shoeman’s website: shoeman.org


What HCS HB 131 Does

  • Allows family owned licensed pet breeding facilities who do a good job to stay in business
  • Clarifies the term “pet” to mean any species of dog or cat to protect farmers and their domesticated animals
  • Doubles the amount of required veterinary visits to a facility
  • Changes the name from “Puppy Mill” to “Dog Cruelty Prevention Act”
  • Increases the license fee to provide funding to allow for inspection of licensed facilities and to promote Operation Bark Alert which targets unlicensed facilities
  • Uses scientific principles, industry standards, Veterinarian Association, and the Dept of Agriculture to help set requirements
  • Requires puppies purchased from licensed exempt operations to have the same vaccination and health requirements as those puppies sold by licensed facilities
  • Puts in place an enforcement mechanism and creates civil penalties of $1000 per violation.
  • Includes ventilation guidelines
  • Increases the penalty for any breeder having stacked cages without an impervious barrier
  • Further defines the process in which the Department of Agriculture handles repeat offenders of violations in their facilities and requires the attorney general and prosecuting attorneys to file charges
  • It helps retain several thousand jobs in rural Missouri.

What Prop B Does and Doesn’t Do

  • Does eliminate thousands of jobs in rural Missouri
  • Does create regulations that no licensed facility in the state can meet
  • Will limit the amount of revenue generating capabilities of individuals
  • It does nothing to address the problem of unlicensed facilities
  • Offers NO funding for any inspection or enforcement of the regulations of Prop B
  • Does not require pets in all facilities to meet the same requirements
  • Does nothing to address the issue of unhealthy puppies in the market place
  • Does not give a clear definition of the term “pet”
  • Does not recognize the difference between a licensed facility and an unlicensed facility
  • NO ventilation guidelines
  • Does not use scientific principles, industry standards, Veterinarian Association, or Department of Agriculture recommendations when setting requirements

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