Carter: Food Stamps Withheld From Drug Felons, New Abortion Restrictions Unlikely To Make Difference, Voters Face Disenfranchisement

REPRESENTATIVE CARTER ATTEMPTS TO RESTORE FOOD STAMPS FOR DRUG FELONS

In 1996 Congress passed a law that set a life-time ban on receiving food stamps for men and women who commit drug related felonies even after they have served their time. A provision of that law allows states to opt out of it, if so declared by their state legislatures. Since passage, forty states have opted out of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and it is my sincere belief that Missouri should be 41, that is why I have proposed HB 509 for consideration of the Missouri House of Representatives.

I believe that providing food stamps for all people living in poverty is critical to preventing hunger and I believe it is unconscionable that we would deny this basic service to people who have already repaid their debt to society. Ephesians 4:32 declares "be kind to one another, tenderhearted, forgiving one another as God in Christ forgave you." Yet Christian goodwill is not the only reason for opting out of this lifetime ban.

First, rehabilitated felons already have enough barriers to overcome. They often have a harder time finding gainful employment both because of the inequities in opportunities and education that made them vulnerable to crime in the first place and because of the fact that they have served time. Denying them the ability to feed themselves and their families on top of the burden they already bear has one inevitable consequence; unable to succeed within this system they return to a life of crime. Not only are these people's and their families' lives plunged deeper in dispair, the community bears the costs of more crime, more cases on already overloaded dockets, and more money spent locking up people the state has already paid to rehabilitate.

Secondly, according to the USDA every $1 spent in food stamps provides a $1.73 in economic activity for the community in which it is spent. By denying food stamps to drug-related felons, Missouri is effectively denying over $7 million in economic stimulus direct to our most impoverished communities.

Finally, this law does not only hurt felons, it hurts children. It hurts children who already live in poverty, who, by and large, attend substandard schools and live in crime ridden neighborhoods and have undergone the trauma having a parent in prison. The basic principle of equality demands that we should strive to provide every American with an equal chance of success, a level playing field and a fair starting point, so that their own skills and abilities and not the circumstances of their entry into this world determines their success or failure in life. This law is entirely contrary to this principle, feigning reverence for responsibility when in fact acting to perpetuate the inequalities in society by adding yet another burden to drug-related felons.

This law does nothing to bar rapists, murderers, and child molesters from receiving food-stamps, only drug-related felons. My proposal only allows these drug-related felons to receive food stamps after they have successfully completed or are participating in an approved drug treatment program and are complying with requirements of their parole.

This federal law does not work. It is so bad that 80% of states have opted out, and it is time for Missouri to do the same. This is legislation, that provides help to some of Missouri's most at-risk populations while stimulating the economy, and reducing crime. I call on the House Republican leadership to defend their refusal to consider this critical piece of common sense legislation.

House Actions of of 5/06/11
# House Bills Filed	1,060
# HBs Reported Do Pass	212
# HBs Reported Do Pass Consent	100
# HBs Perfected	205
# HBs Third Read	103
# HBs Reported Do Pass in the Senate	138
# HBs Third Read in the Senate	29
# HBs TAFP	47

Speaker of the House Steve Tilley, Chris Carter, Jr., and Representative Chris Carter, III

State Releases April 2011 General Revenue Report

State Budget Director Linda Luebbering announced that 2011 fiscal year-to-date net general revenue collections increased 3.4 percent compared to 2010, from $5.67 billion last year to $5.86 billion this year.

Net general revenue collections for April 2011 decreased by 11.0 percent compared to those for April 2010, from $986.8 million to $878.4 million.

Director Luebbering also noted the General Revenue Fund has repaid the $150 million borrowed during fiscal year 2011 from the Budget Reserve Fund, well ahead of the Constitutional deadline of May 15^th.

GROSS COLLECTIONS BY TAX TYPE

Individual income tax collections

• Increased 2.8 percent for the year, from $4.61 billion last year to $4.74 billion this year.
• Increased 0.7 percent for the month.

Sales and use tax collections

• Increased 0.2 percent for the year from $1.46 billion last year to $1.47 billion this year.
• Decreased 5.1 percent for the month.

Corporate income and corporate franchise tax collections

• Increased 4.2 percent for the year, from $404.4 million last year to $421.5 million this year.
• Decreased 8.1 percent for the month.

All other collections

• Increased 16.9 percent for the year, from $362.3 million last year to $423.4 million this year.
• Increased 20.9 percent for the month.

Refunds

• Increased 1.5 percent for the year, from $1.17 billion last year to $1.19 billion this year.
• Increased 84.6 percent for the month.

NEW ABORTION RESTRICTIONS WIN FINAL APPROVAL

Performing a late-term abortion of a viable fetus for the general purpose of protecting a woman's health would be illegal under legislation that cleared the General Assembly on May 12. The House of Representatives sent the bill, SB 65, to the governor on a 121-33 vote; it previously passed the Senate 27-5.

Under the bill, abortions of a viable fetus performed after 20 weeks of gestation would only be allowed to protect a woman's life or to prevent permanent physical impairment. However, it is unlikely the bill's requirements would ever be violated. According to The Associated Press, of 6,881 abortions performed in Missouri in 2009, only 63 were performed after 20 weeks and none of those fetuses were viable.

CONGRESSIONAL REDISTRICTING VETO OVERRIDDEN

The General Assembly on May 4 overrode Gov. Jay Nixon's veto of bill to establish new congressional district boundaries that will last for the next 10 years. In rejecting the bill on April 30, Nixon rejected said the redistricting plan "does not adequately protect the interests of all Missourians." The override passed 109-44 in the House of Representatives and 28-6 in the Senate.

Because Republicans hold a solid veto-proof majority in the Senate, there was little doubt an override in that chamber would be successful. However, House Republicans control four fewer seats than the 109 needed to override. While three Democrats had consistently voted with Republicans on the redistricting bill, HB 193, that still left them one short for an override. However, a fourth Democrat, state Rep. Jonas Hughes of Kansas City, who previously opposed the bill switched sides to cast the deciding vote.

Based on the 2010 U.S. Census, Missouri will lose a congressional district in 2013, dropping from nine to eight. HB 193 essentially eliminates the district currently held by U.S. Rep. Russ Carnahan, D-St. Louis. The new congressional map, which remains subject to a potential court challenge, provides for six reliably Republican seats and two safely Democratic seats.

Successful veto overrides are rare in Missouri. This was just the 23^rd in state history and the first since the General Assembly overrode Gov. Bob Holden on a trio of bills in 2003.

NIXON VETOES BILL TO WEAKEN ANTI-DISCRIMINATION LAW

Gov. Jay Nixon on April 29 vetoed legislation that would have weakened the Missouri Human Rights Acts by making it more difficult for victims to bring and prove workplace discrimination lawsuits against their employers and limiting damage awards in cases that are proved. In his veto message, Nixon said the bill, SB 188, "represents a significant retreat from the basic principles of fairness embodied in the Missouri Human Rights Act and erects unacceptable impediments to those victimized by discrimination."

Weakening state laws against workplace discrimination was a top legislative priority for the Missouri Chamber of Commerce and the state's other leading business groups this year. Supporters of SB 188 said it would make Missouri more "business friendly," but opponents said it would merely provide legal protections to bad behavior by bad employers at the expense of victims. As of May 5, the General Assembly had made no effort to override Nixon's veto.

HOUSE VOTES TO DISENFRANCHISE MISSOURI VOTERS

The House of Representatives has approved legislation that could disenfranchise tens of thousands of Missouri voters. The measure passed 102-55 on a near-party vote.

Then, On May 9 the Senate voted 25-9 in favor of a proposed constitutional amendment that would authorize the General Assembly to require voters to show government-issued photo identification in order to vote. The measure will now automatically go on the November 2012 ballot.

Missouri Republicans have been trying to enact a photo voter ID requirement for five years. The Missouri Supreme Court struck down a 2006 photo voter ID law because it violated the voting rights provisions of the state constitution. A constitutional amendment, if ratified by voters, specifically granting lawmakers the authority to impose a photo voter ID requirement would essentially nullify the court's ruling.

The proposed amendment, SJR 2, also contains provisions establishing early voting procedures, even though a constitutional change for that purpose is unnecessary since lawmakers already have the authority to enact early voting legislation. Photo voter ID supporters coupled the issue with early voting in an effort to woo support from voters who might oppose photo ID as a stand-alone measure.

The General Assembly also granted final passage to a companion bill, SB 3, that would actually impose the photo voter ID requirement and allow for early voting, although it wouldn't take effect unless voters approve SJR 2. Unlike SJR 2, however, SB 3 is subject to a veto by Gov. Jay Nixon, and House Democrats have requested he do so.

AEROTROPOLIS TRADE INCENTIVE AND TAX CREDIT ACT

A massive tax-incentive bill [HB840] that includes $360 million in credits aimed at spurring foreign trade through Lambert-St. Louis International Airport got the initial endorsement of the Missouri Senate on Thursday.

The portion of the legislation focused on turning the airport into a center for Chinese cargo flights, known as the "Aerotropolis Trade Incentive and Tax Credit Act," would provide tax breaks to companies engaging in foreign trade and subsidize the construction of millions of square feet of warehouse and factory space in several areas across the St. Louis region.

After hours of debate that began Wednesday night, senators agreed to send the bill, which promises to save $1.5 billion over the next 15 years by reducing or eliminating numerous current tax credits, to the chamber's fiscal review committee.

To reach the $1.5 billion in savings over 15 years, the bill would implement several changes to the state's overall tax credit program suggested by the Tax Credit Review Commission that was empaneled last year. The legislation would reduce the size of annual awards through the historic preservation tax credit program to $75 million from $140 million. It would also limit the tax credits to $50,000 per project for renovation of residential property and prohibit stacking historic preservation credits with low-income housing credits.

Representative Chris Carter and Representative Jamilah Nasheed address students

OTHER ACTIONS

NIXON SIGNS CAFO BILL AFTER VETOING SIMILAR MEASURE

Gov. Jay Nixon on May 10 signed into law legislation that would place restrictions on lawsuits against confined animal feeding operations. Nixon vetoed a similar, but more restrictive, bill a week earlier but at the time said he would be receptive to signing a revised version that addressed his concerns.

Neighbors of large-scale livestock operations have successfully won several multi-million lawsuits in recent years over claims that the smell and waste produced by such facilities damage their property. Corporate farming interests that typically run CAFOs have long sought to limit such lawsuits.

The bill Nixon signed, SB 187, would limit compensatory damages in such cases but still allow for punitive damages, which the bill Nixon vetoed, HB 209, would have prohibited. SB 187 also addresses Nixon's concerns that HB 209 was worded too broadly and would have restricted other types of lawsuits not related to CAFOs.

VOTERS TO DECIDE RELIGIOUS RIGHTS AMENDMENT

A proposed constitutional amendment that would alter the existing provision of the Missouri Constitution that guarantees the right to free exercise of religion will go before voters after the Senate on May 10 voted 34-0 to put the proposal on the November 2012 statewide ballot. The House of Representatives passed the measure, HJR 2, on 126-30 vote in March.

Supporters of HJR 2 said it would clarify the rights of Missouri's to freely practice religion, although they could point to no examples in which the existing free exercise provision, which hasn't been changed since 1875, has failed to protect religious freedom. Opponents said that at best HJR 2 would do nothing and at that worst tinkering Missouri's religious protections could have unintended negative consequences.

LAWMAKERS PASS DRUG TESTING FOR WELFARE RECIPIENTS

The General Assembly on May 10 granted final passage to legislation that would authorize the Missouri Department of Social Services to order drug testing of applicants to or recipients of the Temporary Assistance for Needy Families program. Testing could be ordered if department officials have "reasonable cause" to believe a TANF recipient or applicant is using illegal drugs. Those who test positive for drug use would be barred from the program for three years.

The bill, HB 73, passed 113-34 in the House of Representatives and 29-5 in the Senate. Supporters says it will help guard against taxpayers subsidizing illegal drug use. Opponents say the bill is premised on the unsubstantiated stereotype that welfare recipients tend to be drug users.

LEGISLATURE TAKES ANOTHER SHOT AT BANNING FAKE POT

For the second straight year, the General Assembly on May 10 sent Gov. Jay Nixon a bill that seeks to outlaw synthetic marijuana. Nixon signed last year's bill into law but within weeks of it taking effect a new version of synthetic marijuana that is chemically different than the type outlawed hit the market.

This year's bill, HB 641, passed 143-13 in the House of Representatives and 33-1 in the Senate. The bill also would prohibit the sale or possession of another substance that is marketed as "bath salts" but that is said to produce a high similar to that of cocaine when ingested.

FLOOR ACTIVITY

House Bills Truly Agreed and Finally Passed

• HBs 1-13, which make up the approximately $23.2 billion FY2012 Operating Budget.
• HBs 17, 18, 21 & 22, which would appropriate money for various capitol improvement projects.
• HB 190, which would authorize divisions within the Department of Natural Resources to receive funds to be placed in a revolving fund for the purpose of cash transactions involving the sale of items made by the divisions.
• HB 315, which would combine and modify the provisions of the Revised Statutes of Missouri that have been enacted in more than one bill so that there is only one version of a statute.
• The House also voted to override the governor's veto of HB 193, which would change the composition of Congressional districts based on the 2010 census.
• SB 68, which would authorize the issuance of subpoenas for the production of records by the General Assembly.
• SB 161, which would modify provisions relating to agriculture.
• HB 339, which would change the laws regarding telecommunications as they relate to the carrier of last resort obligations.
• HB 45, which would change the laws regarding the Big Government Get Off My Back Act and provide an income tax deduction for certain small businesses that create new full-time jobs.
• HB 174, which would change the composition of the Coordinating Board for Higher Education, the University of Missouri Board of Curators, and the Missouri State University Board of Governors.
• HB 209, which would revise the 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.
• SB 113, which would modify provisions of the Animal Care Facilities Act (ACFA) and the Puppy Mill Cruelty Prevention Act.
• SB 188, which would modify the law relating to the Missouri Human Rights Act and employment discrimination.

The Senate Truly Agreed and Finally Passed the following House Bills

• HB 193, which would change the composition of Congressional districts based on the 2010 census.
• HB 83, which would specifiy that an agreement to operate or share an automated teller machine cannot prohibit the owner or operator of the machine from imposing an access fee or surcharge on foreign bank transactions.
• HB 109, which would repeal the provisions allowing the State Treasurer to invest in any linked deposit for specified purposes only for certain time periods
• HB 136, which would allow the spouse of certain active military members to be eligible for unemployment benefits and to receive a temporary courtesy license to practice his or her occupation or profession in this state.
• HB 204, which would allow a resident who is on active military duty to renew his or her expired driver's license without a complete examination if the renewal is made within a specified time from discharge or residency.
• HB 217, which would allow an election authority to use an electronic voter identification system or electronic signature pad to verify voter identification information at a polling place.
• HB 220, which would specify that a real estate licensee will be immune from liability for statements made by certain expert professionals unless the expert was selected by and engaged by the licensee.
• HB 423, which would authorize Missouri to adopt the provisions of the Health Care Compact to improve health care policy by returning the authority to regulate health care to the state legislatures.
• HB 465, which would change the laws regarding the Division of Credit Unions within the Department of Insurance, Financial Institutions and Professional Registration.
• HB 550, which would change the laws regarding liens and encumbrances on motor vehicles, trailers, watercraft, and manufactured homes.
• SB 55, which would classify sawmills and planing mills as agricultural and horticultural property for tax purposes.
• SB 57, which would require courts to transfer certain cases upon the request of the public administrator.
• SB 83, which would allow for the sale of deficiency waiver addendums and other similar products with respect to certain loan transactions.
• SB 101, which would create requirements for contractors who perform home exterior and roof work.
• SB 163, which would modify the composition of the Board of Curators of the University of Missouri and the governing board of Missouri State University.
• SB 320, which would modify provisions relating to domestic violence.
• SB 366, which would create Missouri cooperative associations.
• SB 165, which would extend the sunset on the Basic Civil Legal Services Fund.
• SB 306, which would modify laws relating to the administration of credit unions.
• SB 230, which would allow the state and political subdivisions to give scrap tires to businesses when the cost is less than other methods of disposal.

Gov. Jay Nixon signed the following bills this afternoon without public ceremony

• House Bill 1, which appropriates funds to the Board of Fund Commissioners;
• House Bill 14, which appropriates supplemental funds;
• House Bill 174, which changes the composition of the Coordinating Board of Higher Education, the University of Missouri Board of Curators, and the Missouri State University Board of Governors; and
• House Bill 358, which changes the laws regarding the Police Retirement System of St. Louis

MODOT TO CUT 1,200 JOBS - CLOSE THREE DISTRICT OFFICES

The Missouri Department of Transportation plans to eliminate 1,200 jobs at the agency and close 135 local facilities, including three of its 10 district offices, by 2015. MoDOT Director Kevin Keith said the large-scale downsizing is necessary to free up more money for road construction as the agency shifts more of its existing revenue to pay off bond debt and faces a reduction in federal highway funding. Keith expects the plan to provide $512 million that can be used for construction.

MoDOT says its district boundaries have remained virtually unchanged since 1922. The three district headquarters slated for elimination are in Joplin, Macon and Willow Springs. The seven district offices that will remain are those in Chesterfield, Hannibal, Jefferson City, Lee's Summit, St. Joseph, Sikeston and Springfield.

MISSOURI STATE HIGHWAY PATROL RECRUITING

The Missouri State Highway Patrol is recruiting qualified candidates for the next class of new troopers. The 95th Recruit Class of the Missouri State Highway Patrol is scheduled to begin training on April 2, 2012; applications will be accepted through May 23, 2011.

The Missouri State Highway Patrol offers a paid training program, state sponsored retirement, and the chance to serve others. The patrol is a proud organization, with over 80 years of service and protection on Missouri roadways, and in Missouri neighborhoods.

General requirements for the position of trooper are at least two years full-time law enforcement experience, or two years full-time federal military experience, or completion of 60 college credits by April 2, 2012. The annual starting salary for trooper is $36,408.

Eligible candidates will be required to compete in a multi-phase selection process. More information can be found at www.motrooper.com, or by calling 1-800-796-7000.

Representative Chris Carter and the Members of the Missouri Legislative Black Caucus

from left to right 1st Row: Representative Chris Carter; Representative Tommie Pierson; RepresentativeSharon Pace; Representative Karla May; Senator Kiki Curls
2nd Row: Senator Maria Chapelle-Nadal; Senator Robin Wright-Jones, Representative Steve Webb
Back Row: Representative Sylvester Taylor; Representative Gail McCann Beatty

I hope you enjoyed our newsletter. If you have comments or concerns about the newsletter, or this is anything my office can do to assist you, please e-mail us at chris{dot}carter{at}house{dot}mo{dot}gov, or call Cheri in my Jefferson City office at 573-751-7605. We are always happy to hear from you.