Lampe: Attorney General's Amicus Brief, Floor Activity, Legislative Update From MSTA

This time of year we begin wrapping up passing House bills and begin hearing Senate bills. In order to become law, a bill must be passed by both the House and Senate. Out of 2,000 bills that are filed, fewer than 200 will pass.

As a member of the minority party, I often look for opportunities to amend language on bills that have momentum. This week, I am happy to say that unemployment benefits will resume in Missouri. We also continued to discuss other legislation, regarding puppy mills, education funding, and redistricting.

Letter from Attorney General

The following letter was sent from Missouri Attorney General Chris Koster. Attached is a copy of the state of Missouri's amicus brief filed this morning, Monday, April 11, in the United States Court of Appeals for the 11th Circuit in the matter State of Florida, et al., v. United States Department of Health and Human Services, et al.

“On March 23, 2010, the Patient Protection and Affordable Care Act ("ACA") was signed into law. Among its numerous provisions, the ACA mandates that an applicable individual shall maintain "minimum essential [healthcare] coverage" or pay a penalty. 26 U.S.C. § 5000A.

“On August 3, 2010, the people of the state of Missouri overwhelmingly passed, by referendum, "Proposition C." Mo.Rev.Stat. § 1.330. Proposition C was passed in response to the ACA and prohibits compelling "any person, employer, or health care provider to participate in any health care system." Id. § 1.330.1.

“The ACA and Missouri state law are, therefore, in conflict.

“On January 11, 2011, the Missouri House of Representatives adopted by a vote of 115 to 46 House Resolution No. 39, calling on the Office of the Missouri Attorney General to "[challenge] the constitutionality and validity of the Patient Protection and Affordable Care Act...and to aggressively defend the validity of Proposition C..." On January 19, 2011, the Missouri Senate adopted by voice vote Senate Resolution No. 27, the language of which is nearly identical to House Resolution No. 39.

“This office is sworn to uphold the Constitution and the laws of the state of Missouri, of which Proposition C is unquestionably a part. The resolutions passed by the General Assembly are non-binding on this office, but they are impactful, as they give voice to the political will of Missourians.

“This office has analyzed the constitutional questions posed by the ACA, and has submitted an amicus brief in the 11th Circuit that focuses on two issues:

1. Whether forcing individuals, who are not actors in interstate commerce and who have not chosen to enter the stream of commerce, to obtain health insurance is within the enumerated authority of Congress under the Commerce Clause.
2. Whether the provisions of the ACA which are capable of operating independently in a manner consistent with the intent of Congress should be severed.

“Although these are complex questions on which many scholars, judges, and interested parties sincerely disagree, it is the opinion of this office that the Congress reached beyond current Commerce Clause precedent when it regulated that individuals maintain "minimum essential [healthcare] coverage" or pay a penalty. Therefore, it follows that the federal courts, in reviewing this aspect of the law, must either expand Congress' Commerce Clause authority, justify the provision on alternate constitutional grounds, or strike down the individual mandate.

“It is also the legal view of this office that the individual mandate is severable from the ACA and that those provisions of the bill not clearly dependant upon the mandate may stand.

“Our argument against the expansion of Congress' Commerce Clause authority is emphatically not based on any opposition to the expansion of health coverage for uninsured Americans. To the contrary, I favor the expansion of health coverage.

“Nonetheless, the Attorney General's highest duty is to the Constitution and to the law, and not to a political outcome. In preparing this brief, we have tried our best to serve that duty.

“I hope you will take the time to read it.

Respectfully,

CHRIS KOSTER
Attorney General”

On the Floor this Week

The House addressed SS HCS HB 193, concerning the redistricting of districts in Missouri.The House refused to adopt this legislation, and requested the Senate to recede from its position. If the Senate fails to do so, the House will be granted a conference meeting on the matter.

HCS HB 111 was passed. This House Committee Substitute changes the laws regarding certain judicial procedures. Specifically, this bill prohibits the Department of Revenue from releasing the home address or other personal information of any state or federal judge, or their family. Among other provisions, this bill also decreases the age when the juvenile court has the jurisdiction over a child involved in a state or local traffic violation to 15 years of age.

Legislation that establishes two programs to encourage academic and professional success was passed. HCS HB 223 & 231 require the Department of Higher Education to make a $500 advanced placement incentive grant to any recipient of financial aid under the A+ Schools or Access Missouri programs to any student who received a score of three or higher on math or science advanced placement examinations. The legislation also creates the Nursing Education Incentive Program to address nursing shortages.

HCS HB 430 was passed after being subject to several amendments. This legislation changes the laws regarding special license plates, nondriver's licenses, municipal streets, and household goods motor carrier regulations.

HB 591 also passed. This bill authorizes the Missouri Dental Board to issue a limited teacher license to a dentist employed as an instructor in an accredited dental school located in this state. The license to practice is limited to the confines of a dental school program, requires a limited teaching license to be renewed every two years, and requires a recipient of a limited license to be subject to discipline by the board and the license to be canceled if a holder is no longer employed by a dental a school.

HB 697 was heard and passed. Under this legislation, a state agency must automatically terminate any rule proposed, adopted, or amended after August 28, 2011 six years after its effective date.

Legislation that prohibits a person from preparing or issuing a certificate of insurance from, unless filed with the Department of Insurance, was passed. HCS HB 407 states that only a certificate holder has the legal right to cancel, non-renew, or change a policy of insurance with proper notice.

HB 211 was also passed. This bill prohibits the Department of Health and Senior Services from enforcing or enacting a rule or regulation relating to lead abatement that is stricter than those required by federal law.

HB 257 was passed to repeal the provisions regarding the Sentencing Advisory Commission.

HB 357 that changes the laws regarding enhanced enterprise zones was passed. Provisions in this legislation include reducing the number of years a taxpayer can receive a tax credit for establishing a new business facility form ten to five.

Legislation concerning individuals with disabilities was passed. HCS HB 555 changes many current laws concerning disabilities and adds new provisions. This bill authorizes a check-off box for the Developmental Disabilities Waiting List Equity Trust Fund to be added to the individual and corporate tax income forms. This legislation also designates October as "Disability History and Awareness Month" in all public schools. Under this legislation, the disability or disease of an individual cannot be the basis for termination of parental rights. Also, all references of "mentally retarded," "mental retardation," or "handicapped" in current state law are changed to "developmentally disabled," "developmental disability," or "disabled", respectively. Similarly, all new parking signs erected related to disabled parking must state "Accessible Parking."

HB 464 was also passed to eliminate, combine, and revise certain state boards, commissions, committees, and councils.

The House also passed legislation concerning sport related brain injuries. HCS HB 300, 334 & 387 establishes the Interscholastic Youth Sports Brain Injury Prevention Act and calls for the establishment of guidelines, information, and forms to educate coaches, student athletes, and their parents or guardians on the risk of concussion and brain injury by December 31, 2011. A youth athlete suspected of sustaining a brain injury must be removed from competition for at least 24 hours, and may not return to competition until being evaluated by a licensed health care provider.

Legislation concerning health insurance was also passed. HCS#2 HB 609 establishes the Show-Me Health Insurance Exchange Act to comply with the requirements of the federal Patient Protection and Affordable Care Act.

The House also passed HCS SCS SB 68 that authorizes the issuance of subpoenas for the production of records by the General Assembly. This provides that subpoenas shall be issued under the hand of the President Pro tem of the Senate and the Speaker of the House. Subpoenas may also be issued for the production of records. This legislation also establishes that the state will consist of eight congressional districts, effective with the election of the 113th Congress.

HB 209 was passed after incurring amendments in the Senate. This legislation revises laws regarding private nuisances when it originates from property used for farming, agriculture, crop, or animal production purposes and when a court must visit an alleged affected property.

Missouri State Teachers Association Action Update

I borrowed MSTA's summary of educational policy because it was so well done!

“This week the Senate spent a couple of hours discussing SB247 (Pearce) which modifies the elementary and secondary education funding formula. A substitute was introduced, but the bill was laid over on the informal calendar without a vote being taken. Many feel that this bill is necessary because the state is unable to fully fund the phase-in of the foundation formula that was passed in 2005.The bill makes the following changes:

• Creates a proration method to accommodate available appropriations. When the formula is underfunded, payments to hold harmless districts will be reduced at half the rate of formula districts. For example, the proration factor for formula districts is 95 percent, and hold harmless is 97.5 percent. Likewise, in case of over funding, payments would increase at half the rate of formula districts.
• Freezes the phase-in percentages at the 2010 level for FY 2013. Starting in FY 2014, the phase-in percentages are eliminated. However, the bill is silent on how to administer FY 2012, so one may assume the phase-in will continue at 86 percent new formula and 14 percent old formula.
• Provides proration benchmarks for appropriations beginning in FY 2014 that increase and continue until FY 2016.
• Eliminates the method for adjusting the state adequacy target to accommodate available appropriations upon completion of the existing phase-in. The state adequacy target is the sum of the current operating expenditures of every performance district that falls entirely above the bottom 5 percent and entirely below the top 5 percent of average daily attendance.
• Repeals the language pertaining to the summer school penalty and the language that would trigger an increase in state funding for summer school if statewide summer school attendance fell below 75 percent of the 2005-06 school year summer school attendance.
• Modifies how summer school attendance is included in the district's average daily attendance. It limits the payment for academic areas of study or hours required by the student's individualized education program. It also allows districts to offer nonacademic or enrichment activities at the district's expense.

“If this passes, the changes will begin with the 2011-12 school year.

“The bill also addresses long-term solutions to the current formula. When SB287 passed, there was no mechanism established in law for underfunding the formula during the years of the phase-in. For the past two years, the formula has been underfunded and DESE determined how to distribute the funding. Without this language change, in FY 2013 the formula, if underfunded, will be adjusted in the State Adequacy Target amount and not the bottom line payment to districts. This could have a huge impact on all districts.

“Without this legislation, formula-funded schools will be facing funding challenges by fiscal year 2013. This bill would offer greater funding predictability in future years.

“In order for a successful formula bill to pass, the legislature will need to focus on good policy for the state as a whole. They cannot dwell on the ramification to specific districts. If the policy is good, the bill will provide more stable and sufficient funding for all school districts.

“The House Elementary and Secondary Education Committee heard their version of the formula changes this week.”

One of my top priorities this session is coming up with ideas to get Missourians back to work. I am interested in hearing ideas from you on how to create jobs to strengthen Missouri's economic base.

As always, thank you for giving me the opportunity to serve you. If you have any concerns or questions, please do not hesitate to contact my office.

Sincerely,
Sara