Cross-posted at http://www.missouriexpatriate.com/2012/03/capitulation.html
Two years ago, while enduring sunsets at 4 p.m. along the Kentish Riviera and a successful grassroots efforts to make an anarchist's breakthrough track from 1992 the top song the week of Christmas, I began work on a novel approach to connecting everyday Missourians with their already approachable state representatives and senators in Jefferson City. Over the course of 27 months, over 35 lawmakers submitted their weekly capitol reports and various news releases for publication in Missives from Missouri.
Unfortunately, as I am now in the second year of my full-time radio job (and by full-time, I mean 60+ hours of news writing, copy editing, Cool Editing (I'm not bothering to upgrade to Audition), driving to and from council meetings, running the board during high school ball games, even getting to call some ball games, touring battlefields and on and on), time has gravely diminished to the point where maintaining Missives has become impossible to keep current.
It is with grave reluctance and disappointment that I announce that I am discontinuing updates on Missives. While a novel concept and one I enjoyed performing for much the past two years, the time and incentive required to maintain it has proven insufficient to warrant its continuation. (And if such incentive or marketability were to come up, I am very much open to the idea.)
However, I can claim a minor victory: since starting this blog, increased interest has been paid to weekly columns. In this session, sign-up buttons have appeared on each state representative's page and state senators' columns now appear under their media section. Several other blogs have also taken to posting weekly reports, contributing these two cents to the political discussion. Of course, Missives took some of the legwork out.
I'll continue to read reports as they come in, and will likely weigh in on some from time to time in The Missouri Expatriate. And again, I'd love to bring this back up. But for now, it's time to dial things down.
Weather-Related Disclaimer: missives from legislators concerning road conditions, although timely and important, should be considered snapspots in time. For the most recent travel information, please consult MoDOT's Web site at http://www.modot.org/.
Disclaimer: except when the post starts "MO Expat", all content published on Missives from Missouri is written and supplied by the noted legislator. Said missives will not necessarily reflect the views of Kyle Hill, the operator of Missives from Missouri, and as such the operator does not assume responsibility for its content. More information
Disclaimer: except when the post starts "MO Expat", all content published on Missives from Missouri is written and supplied by the noted legislator. Said missives will not necessarily reflect the views of Kyle Hill, the operator of Missives from Missouri, and as such the operator does not assume responsibility for its content. More information
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11 March 2012
26 February 2012
Tishaura Jones: Republicans Pull Health Care Funds From Blind To Cover University Deficits
REPUBLICANS VOTE TO ELIMINATE HEALTH CARE FOR BLIND
With the unanimous support of its Republican members, the House Health, Mental Health and Social Services Committee on Feb. 16 voted to cut about $65 million from various social services programs, including $28 million for health care coverage for the blind Missourians. The committee’s Democrats unanimously opposed the cuts.
Committee Chairman Tom Flanigan, R-Carthage, offered the budget-cutting amendment without informing the rest of the committee what it would do. Flanigan refused explain the amendment or allow any discussion and immediately brought the matter to a vote. In addition to eliminating health care coverage for the blind, Flanigan’s amendment also stripped $12 million in spending for child care subsidies and made cuts to numerous smaller programs, including services for rape victims.
Advocates for the blind converged on the Capitol the week following the committee’s action to urge lawmakers to restore the cuts. Flanigan said the savings would be used to avoid cuts to Missouri’s public colleges and universities, which are facing a $65.9 million reduction in their state appropriations under Gov. Jay Nixon’s proposed budget. Opponents of the committee’s action say stripping the blind and other vulnerable groups of vital services is the wrong way to fund colleges and universities.
PANEL ADOPTS TENTATIVE SENATE REDISTRICTING PLAN
After a marathon meeting that ended in the early hours of Feb. 23, the Senate Apportionment Commission voted 8-2 in favor of a tentative redistricting plan for the Missouri’s 34 state Senate seats. The commission consists of equal numbers of Democrats and Republicans. One commissioner from each party voted against the plan.
The commission must now wait at least 15 days to accept public comment on the proposal before voting on a final plan. If a final plan is adopted, it will be used to elect senators for the next 10 years beginning with the 2012 election cycle.
This is the second round of Senate redistricting following the results of the 2010 U.S. Census. A previous partisan commission failed to reach an agreement last year so, under the Missouri Constitution, the job passed to another commission made up of six judges of the state Court of Appeals. The appellate commission submitted a Senate redistricting plan in November, but withdrew it in December amid complaints that the plan violated the constitution’s general prohibition against splitting counties among Senate districts. The appellate commission then submitted a revised plan that fixed some, but not all, of the unconstitutional county splits.
The Missouri Supreme Court in January ruled the first appellate commission plan unconstitutional and said the panel had no authority to submit its revised plan. The high court’s action caused the constitutional redistricting process to begin from scratch with the appointment of a new partisan commission.
TRIAL JUDGE STRIKES DOWN TECHNOLOGY INCENTIVES
Cole County Circuit Judge Dan Green on Feb. 20 ruled unconstitutional on technical grounds a 2011 law granting state incentives intended to encourage research and technology companies to locate in Missouri. The bill, which the General Assembly passed during a special legislative session in October, created the Missouri Science and Innovation Reinvestment Act.
In enacting MOSIRA, lawmakers included a contingency clause stating that the bill could only take effect if the governor also signed into law separate job creation and tax credit reform legislation that had been the primary purpose of the special session. That legislation, however, did not pass. Because courts in the past have ruled similar legislative contingency clauses unenforceable, Gov. Jay Nixon’s administration proceeded to implement MOSIRA anyway after he signed it into law, which prompted anti-abortion groups that opposed the bill to file suit.
Green did indeed rule the contingency clause unconstitutional, as the administration had hoped. However, instead of severing the offending provision and preserving the rest of the measure, which is the remedy courts often choose, Green concluded that the General Assembly wouldn’t have passed the bill without the contingency clause and invalidated the entire legislation. Attorney General Chris Koster plans to appeal to the Missouri Supreme Court. The case is Missouri Roundtable for Life v. State of Missouri.
HOUSE ENDORSES ENGLISH-ONLY DRIVER’S LICENSE TESTS
The House of Representatives on Feb. 23 voted 93-63 in favor of legislation that would prohibit the state from offering driver’s license exams in languages other than English. The state currently offers written tests in 11 languages. The bill, HB 1186, now goes to the Senate for further consideration.
The insurance industry opposes the legislation, which it says will make it harder for non-native English speakers to obtain a license, thus increasing the number of unlicensed and uninsured motorists on Missouri roadways. The Missouri State Highway Patrol has said the bill would not enhance driver safety since most road signs are based on internationally recognized symbols. Other opponents have simply labeled the legislation as a xenophobic effort to punish legal immigrants with no legitimate public policy purpose.
Supporters of the bill said people who want to get Missouri driver’s license should be proficient in the state’s dominant language is order to better assimilate.
HOUSE APPROVES MODIFIYING LEGISLATIVE TERM LIMITS
The House of Representatives on Feb. 23 voted 98-55 in favor of a proposed constitutional amendment that would modify term limits for state lawmakers. If the Senate also approves the measure, it would go on the November statewide ballot for voter ratification.
Under the Missouri Constitution’s existing term limits provision, lawmakers typically are restricted to a total of 16 years of legislative service but no more than eight years each in the House and Senate. HJR 41, sponsored by state Rep. Jamilah Nasheed, D-St. Louis, would retain the existing 16-year overall limit but allow lawmakers to serve it in any combination between the two chambers.
SENATORS COULD THROW CANDIDATE FILING INTO CHAOS
A few Republican senators who are upset over a tentative new Senate redistricting plan are threatening to throw the state’s candidate filing period into chaos by refusing to allow a final vote on legislation that would delay the opening of filing for the August primaries. Under existing law, candidate filing is scheduled to begin on Feb. 28, but Senate districts have yet to be finalized and court challenges to new congressional and state House of Representatives districts remain pending.
As originally passed by the Senate on Feb. 16, SB 773 would have delayed candidate filing by a month so that it would run from March 27 through April 24. If the House had passed the bill without changes, it immediately would have gone to the governor to be signed into law. The bill contains an emergency clause so it would become law immediately upon receiving Gov. Jay Nixon’s signature.
When the House took up the bill on Feb. 23, however, it made changes, including shortening the revised filing period to run from March 19 through March 30. As a result, another Senate vote is required for final passage. Although the Senate began debating the revised bill shortly after the House approved it on a vote of 147-4, Republican Sens. Jim Lembke of Lemay, Jane Cunningham of Chesterfield and Brian Nieves of Washington were filibustering it as of late in the afternoon in an expression of anger over the proposed Senate map.
To reflect population changes under the 2010 U.S. Census, state legislative and congressional districts were redrawn last year. The new Senate map, however, was ruled unconstitutional. A replacement map received tentative approval on Feb. 23 but still needs to be finalized. The Supreme Court heard arguments in a challenge to the new congressional map on Feb. 16 and is expected to rule at any time. A trial judge upheld the validity of the new House map on Feb. 14, but the Supreme Court will hear arguments in the appeal on Feb. 27.
If legislation delaying the filing period doesn’t pass before the scheduled opening of filing on Feb. 28, it will create numerous problems for election officials and candidates since there currently are no valid Senate districts and might not be valid congressional or state House districts in the near future, depending how the court cases play out.
23 February 2012
Ridgeway: Mid Continent Library
The Mid Continent Library system has announced the proposed new library design for the facility to be attached to the antebellum home known as Woodneath on Flintlock Road. I am sending you this design plan to keep you informed upon issues that impact our neighborhoods.
Please direct any questions or concerns you have regarding this plan to me so that I may facilitate direct contact with your Clay County Representatives on the Board of Trustees which include Treasurer Marvin Weisharr, Noel Shull and Trent Skaggs.
Your tax dollars are paying for this facility so I thought you would like to see and comment upon the proposals they have shared with me.
Please direct any questions or concerns you have regarding this plan to me so that I may facilitate direct contact with your Clay County Representatives on the Board of Trustees which include Treasurer Marvin Weisharr, Noel Shull and Trent Skaggs.
Your tax dollars are paying for this facility so I thought you would like to see and comment upon the proposals they have shared with me.
Kelley: Missouri School Read-In March 9
The Missouri General Assembly passed HB 795 last year in a true bi-partisan fashion declaring the 2nd Friday of March, “Missouri School Read-In Day.” We are approaching the first annual Missouri School Read-In Day this year on March 9th. I am sending this email to encourage you to participate in your schools and community to make this event a great achievement! Below you will find several ideas to help make this a successful day. I have also included plans which other groups are intending to do. I am pleased to be teamed up with the Mark Twain Boyhood Home and Museum in promoting this event. The only way this program will have an impact on our children is to have everyone work together to promote the importance of reading! Reading is a fundamental part of education and the data shows that children who enjoy reading are more successful!
Here are some ideas:
Anyone that has suggestions or ideas please share them with me. I would appreciate any schools or towns that plan on participating to contact me. I would like to have a list of all the schools, towns, officials and businesses that helped make this first annual read-in a success. It would be great to do a press release about the success of the first annual state wide school read-in. Please feel free to call my Capitol office at (573) 751-2165, my cell at 417-483-7456 or email at mike{dot}kelley{at}house{dot}mo{dot}gov.
Here are some ideas:
- Author or illustrator visit the schools -- Could perhaps do via Skype
- Get MASL's (Missouri Association of School Librarians) buy in and involvement
- Have kids produce READ posters (I know Barton Co. Library has/had the software). http://www.alastore.ala.org/detail.aspx?ID=1214 http://www.alastore.ala.org/searchresult.aspx?categoryid=158
- Promote bookmark creation contests with students 0
- Have local business people go into classrooms to read their favorites to students (short time frames -- 15 minutes)
- Promote reading competitions between students/classrooms --
- Number of pages
- Number of books
- % of students participating
- % of families who participate at home that day
- Get schools to devote the whole day to Reading and Reading Activities -- i.e. no Math, Social Studies etc. that day
- With enough prior prep -- give a book to each student (similar to RIF- Reading is Fundamental program, but for all grades)
- Coordinate with the RIF program
- Have Truman Birthplace sponsor an after-school reading program/crafts -- a Story and Craft Time?
- Get businesses to support student who reach some sort of reading goal on that day -- discount, small prize, etc. Many of the Fast Food places will give a coupon for reading books.
- Create a visual display of the books read during that day -- something like the library does for summer reading -- Book Titles entered on some shape of paper and then posted on the walls.
- Have principals or other public figures "do" something (shave head, pie in face, something embarrassing) if their students reach some large goal having to do with the day.
Anyone that has suggestions or ideas please share them with me. I would appreciate any schools or towns that plan on participating to contact me. I would like to have a list of all the schools, towns, officials and businesses that helped make this first annual read-in a success. It would be great to do a press release about the success of the first annual state wide school read-in. Please feel free to call my Capitol office at (573) 751-2165, my cell at 417-483-7456 or email at mike{dot}kelley{at}house{dot}mo{dot}gov.
17 February 2012
Schaefer: Mizzou Women's Club Soccer Team Visits
This week, the Senate Appropriations Committee heard testimony from Department of Public Safety, the Department of Natural Resources, the Department of Agriculture, and the Department of Conservation.
I greatly appreciate the time these departments spend in organizing their testimony and taking the time to meet with our committee. The commitment of these organizations and their members to help their fellow Missourians does not go unnoticed.
I also had the pleasure of introducing the University of Missouri Women’s Club Soccer team on the Senate floor Tuesday morning (2/14). Congratulations to these ladies for their first place finish at the 18th annual NIRSA National Soccer Championships. Melissa Murphy, Nicole Newell, Lauren Stockell, and Alyssa Weatherly were all awarded all-tournament honors and Mariah McClain was named all-tournament goalie at the national tournament. I believe I speak on behalf of all of University of Missouri alumni when I say thank you for representing Mizzou so well on a national level.
Pictured are Lorin Opfer, Captain; Katelyn Fitter; Andrea Boone; Ciara O’Shea; Nicole Newell; Melissa Murphy; Kelsey Whittet; Alyssa Weatherly; Mackenzie King; Stefani Burt; Sarah Sanguinet; Director of Mizzou Rec Services, Diane Dahlmann; Club Sport Coordinator, Melissa Operle; and Assistant Director of Recreation Services, Laura Salerno.
The Mizzou Club Sports Federation is committed to enhancing students’ college experience by giving students the opportunity to participate in numerous club sports and encouraging healthy lifestyles. Their official website can be found here.
The University of Missouri was given the honor of hosting the Missouri Grand Prix last weekend in Columbia at the Mizzou recreational complex. This event brought numerous international Olympic swim teams and Olympic hopefuls for the upcoming summer Olympics to be held in London. The meet held in Columbia was one of seven stops in the U.S. Grand Prix Series for these athletes. Their visit to the University of Missouri campus was met with excitement by many Mizzou students and visitors. The official website for the USA swim team and information concerning the Missouri Grand Prix can be found here.
Thursday morning (2/16), I filed Senate Bill 812, which would establish the Missouri Electronic Prior Authorization Committee. This committee would facilitate and monitor Missouri-based efforts to contribute to the establishment of national electronic prior authorization standards concerning prescription drugs.
Thank you for your continued interest in the issues that affect the citizens of Boone and Randolph counties. If you have any questions or concerns throughout this session, please contact my office.
I greatly appreciate the time these departments spend in organizing their testimony and taking the time to meet with our committee. The commitment of these organizations and their members to help their fellow Missourians does not go unnoticed.
I also had the pleasure of introducing the University of Missouri Women’s Club Soccer team on the Senate floor Tuesday morning (2/14). Congratulations to these ladies for their first place finish at the 18th annual NIRSA National Soccer Championships. Melissa Murphy, Nicole Newell, Lauren Stockell, and Alyssa Weatherly were all awarded all-tournament honors and Mariah McClain was named all-tournament goalie at the national tournament. I believe I speak on behalf of all of University of Missouri alumni when I say thank you for representing Mizzou so well on a national level.
Pictured are Lorin Opfer, Captain; Katelyn Fitter; Andrea Boone; Ciara O’Shea; Nicole Newell; Melissa Murphy; Kelsey Whittet; Alyssa Weatherly; Mackenzie King; Stefani Burt; Sarah Sanguinet; Director of Mizzou Rec Services, Diane Dahlmann; Club Sport Coordinator, Melissa Operle; and Assistant Director of Recreation Services, Laura Salerno.
The Mizzou Club Sports Federation is committed to enhancing students’ college experience by giving students the opportunity to participate in numerous club sports and encouraging healthy lifestyles. Their official website can be found here.
The University of Missouri was given the honor of hosting the Missouri Grand Prix last weekend in Columbia at the Mizzou recreational complex. This event brought numerous international Olympic swim teams and Olympic hopefuls for the upcoming summer Olympics to be held in London. The meet held in Columbia was one of seven stops in the U.S. Grand Prix Series for these athletes. Their visit to the University of Missouri campus was met with excitement by many Mizzou students and visitors. The official website for the USA swim team and information concerning the Missouri Grand Prix can be found here.
Thursday morning (2/16), I filed Senate Bill 812, which would establish the Missouri Electronic Prior Authorization Committee. This committee would facilitate and monitor Missouri-based efforts to contribute to the establishment of national electronic prior authorization standards concerning prescription drugs.
Thank you for your continued interest in the issues that affect the citizens of Boone and Randolph counties. If you have any questions or concerns throughout this session, please contact my office.
Lampe: Education Committee Hearing On Two Measures
It was great to see outreach from so many different groups at the Capitol this week. The Missouri Retired Teachers Association made me feel right at home. It was wonderful to see former co-workers and others who share my love for education.
Another group that I met with this week was the Missouri Main Street Connection, a group that enhances the economic, social, cultural and environmental well-being of historic downtown business districts in Missouri. It is impressive when so many people support upcoming legislation. Thank you to eveyone who made the trip to Jefferson City to advocate for the issues that concern you.
There were two bills discussed this week in the Elementary and Secondary Education Committee. The first was House Bill 1629, Virtual Schools, which would allow students to enroll in a school district other than their own for the purpose of attending virtual courses or programs. To find out more on this legislation click here.
The second bill that was talked about in the Education Committee was House Bill 1425, Student Academic Progression. This bill requires each school district to establish a comprehensive program for student academic progression. If you would like more information on this bill it can be found here.
House Committee Subsitute House Bills 1186 & 1147 dealing with English-only drivers examinations were discussed this week and the amendments were heard on the house floor on Tuesday. However, the legislation remains on the calendar, and will brought up again at a later date. More information about this legislation can be found here.
There were several House Consent Bills that were passed on the floor this week including HB 1188, Administration of Asthma Medication, and HB 1128, National Guard Ribbons and Awards. To find out what other Consent Bills were passed this week click here.
Former student Nick Henderson is now a senior at Truman State University in Kirksville. He is currently working hard as an intern in the office of the Secretary of State, Robin Carnahan, here at the Capitol.
It was great to reunite with friends from the Missouri Retired Teachers Association!
Another group that I met with this week was the Missouri Main Street Connection, a group that enhances the economic, social, cultural and environmental well-being of historic downtown business districts in Missouri. It is impressive when so many people support upcoming legislation. Thank you to eveyone who made the trip to Jefferson City to advocate for the issues that concern you.
Elementary and Secondary Education Committee
There were two bills discussed this week in the Elementary and Secondary Education Committee. The first was House Bill 1629, Virtual Schools, which would allow students to enroll in a school district other than their own for the purpose of attending virtual courses or programs. To find out more on this legislation click here.
The second bill that was talked about in the Education Committee was House Bill 1425, Student Academic Progression. This bill requires each school district to establish a comprehensive program for student academic progression. If you would like more information on this bill it can be found here.
On the Floor this Week
House Committee Subsitute House Bills 1186 & 1147 dealing with English-only drivers examinations were discussed this week and the amendments were heard on the house floor on Tuesday. However, the legislation remains on the calendar, and will brought up again at a later date. More information about this legislation can be found here.
There were several House Consent Bills that were passed on the floor this week including HB 1188, Administration of Asthma Medication, and HB 1128, National Guard Ribbons and Awards. To find out what other Consent Bills were passed this week click here.
Former Student Spotlight
Former student Nick Henderson is now a senior at Truman State University in Kirksville. He is currently working hard as an intern in the office of the Secretary of State, Robin Carnahan, here at the Capitol.
It was great to reunite with friends from the Missouri Retired Teachers Association!
Tishaura Jones: Ethics Law Invalidated, Attorney General Asks For Hammerschmidt's Reversal
SUPREME COURT STRIKES DOWN 2010 ETHICS LAW
The Missouri Supreme Court on Feb. 14 invalidated a 2010 ethics and campaign finance law because it violates the state constitution’s prohibition against legislation being changed from its original purpose. The court’s action had been widely expected given that the law in question originally passed the Senate as a one-page bill related to government procurement practices before House Republicans transformed it into a 66-page ethics and campaign finance bill.
The court unanimously struck down all of the provisions of the 2010 legislation, SB 844, except for the original section relating to government procurement. The invalidated provisions include those giving the Missouri Ethics Commission increased investigative authority, prohibiting the transfer of campaign contributions between campaign committees and requiring candidates to publicly disclose contributions in excess of $500within 48 hours when the donation is made during the legislative session. In the wake of the court’s decision, lawmakers are considering new legislation to reinstate many of those provisions.
Starting with its landmark 1994 ruling in Hammerschmidt v. Boone County, the Supreme Court has vigorously enforced previously ignored provisions of the Missouri Constitution that lawmakers from changing bills from the original purpose or lumping together unrelated issues in the same legislation. Under Hammerschmidt and the numerous related cases that followed, the court’s decision invalidating SB 844 had been considered a foregone conclusion.
Attorney General Chris Koster, however, added a new twist to the case on appeal when he asked the court to uphold SB 844 by reversing its nearly two-decades of precedent on the issue and returning to pre-Hammerschmidt interpretations that mostly allowed lawmakers to ignore constitutional limitations on legislative procedures. In its opinion in the latest case, Legends Bank v. State of Missouri, the court made no mention of the attorney general’s request and continued to follow its recent precedent.
Cole County Circuit Court Judge Patricia Joyce on Feb. 14 ruled that a new redistricting plan for the state House of Representatives passes constitutional muster, prompting an immediate appeal to the Missouri Supreme Court, which hasn’t yet accepted the case. If the high court upholds the redistricting plan, it will be used beginning with this year’s election cycle.
The bipartisan group of plaintiffs argued the House redistricting plan created late last year by a commission of six state appellate judges violated state constitutional requirements that districts be compact, contiguous and as equal in population as possible. The plaintiffs also argued the appellate commission violated the state’s open meetings law by conducting its work in secret. Joyce rejected all of those claims.
With a new state Senate redistricting plan already invalidated and the fate of new congressional and state House districts still to be determined, the Senate on Feb. 16 gave final approval to legislation that would delay the start of the candidate filing period for the August party primaries from Feb. 28 to March 27. The bill, SB 773, now goes to the House of Representatives.
Even if the bill passes and is signed into law by the governor before Feb. 28, it is uncertain if new districts for the Senate and, if necessary, the other offices will be finalized by the end of March. Population shifts under the 2010 U.S. Census required that legislative districts be redrawn to reflect those changes.
A commission consisting of equal numbers of Democrats and Republicans will meet on Feb. 18 to begin the process of creating new Senate districts but that process could take months. The Supreme Court heard arguments in a challenge to the congressional districts on Feb. 16 and is expected to rule quickly. If it strikes down the new congressional map, the General Assembly would have to enact a new plan that meets constitutional muster. A trial judge upheld the House redistricting plan on Feb. 14 but an appeal to the Supreme Court is pending.
The Missouri Supreme Court on Feb. 14 invalidated a 2010 ethics and campaign finance law because it violates the state constitution’s prohibition against legislation being changed from its original purpose. The court’s action had been widely expected given that the law in question originally passed the Senate as a one-page bill related to government procurement practices before House Republicans transformed it into a 66-page ethics and campaign finance bill.
The court unanimously struck down all of the provisions of the 2010 legislation, SB 844, except for the original section relating to government procurement. The invalidated provisions include those giving the Missouri Ethics Commission increased investigative authority, prohibiting the transfer of campaign contributions between campaign committees and requiring candidates to publicly disclose contributions in excess of $500within 48 hours when the donation is made during the legislative session. In the wake of the court’s decision, lawmakers are considering new legislation to reinstate many of those provisions.
Starting with its landmark 1994 ruling in Hammerschmidt v. Boone County, the Supreme Court has vigorously enforced previously ignored provisions of the Missouri Constitution that lawmakers from changing bills from the original purpose or lumping together unrelated issues in the same legislation. Under Hammerschmidt and the numerous related cases that followed, the court’s decision invalidating SB 844 had been considered a foregone conclusion.
Attorney General Chris Koster, however, added a new twist to the case on appeal when he asked the court to uphold SB 844 by reversing its nearly two-decades of precedent on the issue and returning to pre-Hammerschmidt interpretations that mostly allowed lawmakers to ignore constitutional limitations on legislative procedures. In its opinion in the latest case, Legends Bank v. State of Missouri, the court made no mention of the attorney general’s request and continued to follow its recent precedent.
TRIAL JUDGE REJECTS HOUSE REDISTRICTING CHALLENGE
Cole County Circuit Court Judge Patricia Joyce on Feb. 14 ruled that a new redistricting plan for the state House of Representatives passes constitutional muster, prompting an immediate appeal to the Missouri Supreme Court, which hasn’t yet accepted the case. If the high court upholds the redistricting plan, it will be used beginning with this year’s election cycle.
The bipartisan group of plaintiffs argued the House redistricting plan created late last year by a commission of six state appellate judges violated state constitutional requirements that districts be compact, contiguous and as equal in population as possible. The plaintiffs also argued the appellate commission violated the state’s open meetings law by conducting its work in secret. Joyce rejected all of those claims.
SENATE PASSES BILL TO POSTPONE CANDIDATE FILING
With a new state Senate redistricting plan already invalidated and the fate of new congressional and state House districts still to be determined, the Senate on Feb. 16 gave final approval to legislation that would delay the start of the candidate filing period for the August party primaries from Feb. 28 to March 27. The bill, SB 773, now goes to the House of Representatives.
Even if the bill passes and is signed into law by the governor before Feb. 28, it is uncertain if new districts for the Senate and, if necessary, the other offices will be finalized by the end of March. Population shifts under the 2010 U.S. Census required that legislative districts be redrawn to reflect those changes.
A commission consisting of equal numbers of Democrats and Republicans will meet on Feb. 18 to begin the process of creating new Senate districts but that process could take months. The Supreme Court heard arguments in a challenge to the congressional districts on Feb. 16 and is expected to rule quickly. If it strikes down the new congressional map, the General Assembly would have to enact a new plan that meets constitutional muster. A trial judge upheld the House redistricting plan on Feb. 14 but an appeal to the Supreme Court is pending.
16 February 2012
Korman: Appropriations Committees Conduct Bill Mark-Ups
Welcome to the Missouri 99th District’s report on activities of the seventh week of the Session. This week in the Appropriations Committees we worked on what is referred to as “mark-up of the bills”. This process involves making changes to departmental budgets presented to Legislators by the Governor. Both the Appropriations-Agriculture & Natural Resources and Appropriations-Transportation & Economic Development Committees completed their mark-up. I had a few amendments in committee that passed. The appropriations bills now move to the Budget Committee for their review.
With two of my committees completing their work this week, I will be able to focus more attention on proposed legislation. My bill (HB 1395) to improve the quality of the Land Survey Program is currently in the General Laws Committee and I hope will make it to the House Floor for debate in the coming weeks.
MoDOT’s dialogue about local transportation issues and concerns will be held on Thursday, February 23, from 4:30 p.m. until 6 p.m. at the Warrenton High School in the commons area. I plan on attending and encourage you to also attend.
We had several visitors to the Capitol this week including members of Missouri Retired Teachers Association, Friends of Missouri Midwives, Second Amendment Coalition of Missouri and Missouri Propane Association.
I am happy to be here serving the constituents of Montgomery and Warren counties. Please feel free to stop by or contact your 99th District office at:
201 West Capitol Avenue
Room 114C
Jefferson City, MO 65101
573-751-2689
Bart{dot}Korman{at}house{dot}mo{dot}gov
With two of my committees completing their work this week, I will be able to focus more attention on proposed legislation. My bill (HB 1395) to improve the quality of the Land Survey Program is currently in the General Laws Committee and I hope will make it to the House Floor for debate in the coming weeks.
MoDOT’s dialogue about local transportation issues and concerns will be held on Thursday, February 23, from 4:30 p.m. until 6 p.m. at the Warrenton High School in the commons area. I plan on attending and encourage you to also attend.
We had several visitors to the Capitol this week including members of Missouri Retired Teachers Association, Friends of Missouri Midwives, Second Amendment Coalition of Missouri and Missouri Propane Association.
I am happy to be here serving the constituents of Montgomery and Warren counties. Please feel free to stop by or contact your 99th District office at:
201 West Capitol Avenue
Room 114C
Jefferson City, MO 65101
573-751-2689
Bart{dot}Korman{at}house{dot}mo{dot}gov
Mayer: Measure Making College Student Transfers Easier and More Affordable Advances
Bill Improves Transfers Between Two- and Four-Year Colleges and Universities
JEFFERSON CITY— It may soon be easier and more affordable for Missouri college students to transfer college credits between two- and four-year universities based on legislation the Missouri Senate today advanced to the House. Senate Bill 455 would also enhance the retention of college students and improve remediation practices. Sponsor Sen. David Pearce, R-Warrensburg, said the changes were important to help students obtain their associate and four-year degrees.
“Our higher education students deserve every opportunity to succeed,” said Pearce. “Continuing education can be difficult enough without encountering obstacles. That is why schools should be able to offer the services students require to ease the process of transferring credits.”
Senate Bill 455 would require the creation of a library of at least 25 core courses that would be transferable between two- and four-year institutions. Those courses would be considered general education requirements, such as English, math, and science. In addition, it would call for development of a policy to encourage reverse transfer, allowing students who have collected enough hours to transfer from a four-year school to a two-year school in order to earn an associate degree.
The measure would also modify the current duties of the Missouri Coordinating Board of Higher Education by requiring the board to develop policies for all two- and four-year institutions to replicate the best practices in remediation from sources across the country.
“I sponsored this bill advocating for Missouri’s higher education students because I believe in the students of our state,” Pearce said. “This legislation is now one step closer to benefitting those hard-working students.”
Senate Leader Robert N. Mayer, R-Dexter, said making college more affordable and available to Missouri students is a priority of the Senate.
“These are common-sense steps that will ease the process of obtaining an associate or four-year degree for students whose path causes them to have to transfer, or even pause and restart their post-high school educational goals,” said Mayer. “As someone who returned to college later in life, I know firsthand how these simple changes can help more Missouri students graduate from college.”
The measure now moves to the House for similar consideration. To learn more about this bill or to track its progress, visit www.senate.mo.gov.
JEFFERSON CITY— It may soon be easier and more affordable for Missouri college students to transfer college credits between two- and four-year universities based on legislation the Missouri Senate today advanced to the House. Senate Bill 455 would also enhance the retention of college students and improve remediation practices. Sponsor Sen. David Pearce, R-Warrensburg, said the changes were important to help students obtain their associate and four-year degrees.
“Our higher education students deserve every opportunity to succeed,” said Pearce. “Continuing education can be difficult enough without encountering obstacles. That is why schools should be able to offer the services students require to ease the process of transferring credits.”
Senate Bill 455 would require the creation of a library of at least 25 core courses that would be transferable between two- and four-year institutions. Those courses would be considered general education requirements, such as English, math, and science. In addition, it would call for development of a policy to encourage reverse transfer, allowing students who have collected enough hours to transfer from a four-year school to a two-year school in order to earn an associate degree.
The measure would also modify the current duties of the Missouri Coordinating Board of Higher Education by requiring the board to develop policies for all two- and four-year institutions to replicate the best practices in remediation from sources across the country.
“I sponsored this bill advocating for Missouri’s higher education students because I believe in the students of our state,” Pearce said. “This legislation is now one step closer to benefitting those hard-working students.”
Senate Leader Robert N. Mayer, R-Dexter, said making college more affordable and available to Missouri students is a priority of the Senate.
“These are common-sense steps that will ease the process of obtaining an associate or four-year degree for students whose path causes them to have to transfer, or even pause and restart their post-high school educational goals,” said Mayer. “As someone who returned to college later in life, I know firsthand how these simple changes can help more Missouri students graduate from college.”
The measure now moves to the House for similar consideration. To learn more about this bill or to track its progress, visit www.senate.mo.gov.
Neth: Elections Committee Approves Bill Concerning County Office Vacancies
We finally got some winter in Missouri. On Monday, after first heading to my "normal" job at the farm to scoop snow and load out some cattle I got on the road to Jefferson City. The storm at that point had lessened around Liberty and driving conditions were pretty good until I reached Boonville, in which I caught back up with the storm- white out conditions and slow speeds. Not great, but much better than all the snow we had to face last year. We'll see what winter has in store for us yet.
We are hearing more and more bills in the House. A lot of Consent bills. Consent bills are ones that are "non-controversial", have no fiscal note and do not involve a penalty. Good examples are naming roads and minor technical changes to existing statute. In order to pass consent they must "Do Pass Consent" unanimously out of committee and pass the House with a simple majority. Admittedly, there are some bills that come to the floor and there is controversy whether it should be consent or not. Sometimes the concern is very legitimate. If it is, people are sure to make that known in debate.
A few folks from the City of Liberty were at the Capitol to meet with other city leaders from around the state. Stopping by to see me were Mike Snider, Liberty Fire Chief; Shawnna Funderburk, Asst. to the City Administrator; and Paul Jenness, City Council.
Gordon Hadden and Vicki Vance from Historic Downtown Liberty (HDLI) were in Jefferson City with the Missouri Main Street Connection, an organization dedicated to the vitality of downtown communities in cities around Missouri. Liberty was recently given the distinction of being an Accredited Main Street Community,one of just few around the state.
HCS HJR 47: Proposes a constitutional amendment changing the number of voter signatures that are required to place an initiative petition or a referendum on a ballot (Do Pass)
HB 1425: Requires each school district to establish a comprehensive program for student academic progression (Hearing only)
HB 1629: Allows a student to enroll in a school district other than the student's school district of residence for the purpose of attending virtual courses or programs (Hearing only)
The following are bills that were Perfected and Third Read this week and head now across the Rotunda to the Senate for consideration.
HB 1041 is sponsored by Rep. Mike Thomson (R-04). Currently, only the Board of Governors of Missouri Western State University may transfer property, except in fee simple, without an authorizing act of the General Assembly. This bill restores that ability to the board of governors of the other state universities and changes the expiration date of those provisions from August 28, 2014 to August 28, 2017.
HB 1103 sponsored by Rep. Sandy Crawford (R-119), relates to certain banks, savings institutions, and credit unions which are exempt from the Missouri Appraisal Management Company Registration and Regulation Act
HB 1251 sponsored by Rep. Don Ruzicka (R-68), extends the authorization for the Department of Natural Resources to impose fees regarding the federal Safe Drinking Water Act from September 1, 2012 to September 1, 2017.
The following were passed Consent:
HB 1075 sponsored by Rep. David Sater (R-68), prohibits a licensed pharmacy from being required to carry or maintain in inventory any specific prescription or non-prescription drug or devise.
HB 1192 sponsored by Rep. Andrew Koenig (R-88), changes the laws regarding investment contracts of the Missouri Higher Education Saving Program, by requiring the state Treasurer to have more investment options.
HB 1185 sponsored by Rep. Mark Parkinson (R-16), adds citizenship information to the sexual offender registration form and requires the State Highway Patrol to report to the federal government any non-U.S. citizen on the sexual offender registry.
We are hearing more and more bills in the House. A lot of Consent bills. Consent bills are ones that are "non-controversial", have no fiscal note and do not involve a penalty. Good examples are naming roads and minor technical changes to existing statute. In order to pass consent they must "Do Pass Consent" unanimously out of committee and pass the House with a simple majority. Admittedly, there are some bills that come to the floor and there is controversy whether it should be consent or not. Sometimes the concern is very legitimate. If it is, people are sure to make that known in debate.
Visitors to the Capitol
A few folks from the City of Liberty were at the Capitol to meet with other city leaders from around the state. Stopping by to see me were Mike Snider, Liberty Fire Chief; Shawnna Funderburk, Asst. to the City Administrator; and Paul Jenness, City Council.
Gordon Hadden and Vicki Vance from Historic Downtown Liberty (HDLI) were in Jefferson City with the Missouri Main Street Connection, an organization dedicated to the vitality of downtown communities in cities around Missouri. Liberty was recently given the distinction of being an Accredited Main Street Community,one of just few around the state.
This Week in Committee
Elections
HCS HB 1340: Specifies that the county commission must appoint an interim county official when there is a vacancy in the office of county clerk, collector, or assessor (Do Pass Consent).HCS HJR 47: Proposes a constitutional amendment changing the number of voter signatures that are required to place an initiative petition or a referendum on a ballot (Do Pass)
Elementary and Secondary Education
HB 1425: Requires each school district to establish a comprehensive program for student academic progression (Hearing only)
HB 1629: Allows a student to enroll in a school district other than the student's school district of residence for the purpose of attending virtual courses or programs (Hearing only)
This Week in the House
The following are bills that were Perfected and Third Read this week and head now across the Rotunda to the Senate for consideration.
HB 1041 is sponsored by Rep. Mike Thomson (R-04). Currently, only the Board of Governors of Missouri Western State University may transfer property, except in fee simple, without an authorizing act of the General Assembly. This bill restores that ability to the board of governors of the other state universities and changes the expiration date of those provisions from August 28, 2014 to August 28, 2017.
HB 1103 sponsored by Rep. Sandy Crawford (R-119), relates to certain banks, savings institutions, and credit unions which are exempt from the Missouri Appraisal Management Company Registration and Regulation Act
HB 1251 sponsored by Rep. Don Ruzicka (R-68), extends the authorization for the Department of Natural Resources to impose fees regarding the federal Safe Drinking Water Act from September 1, 2012 to September 1, 2017.
The following were passed Consent:
HB 1075 sponsored by Rep. David Sater (R-68), prohibits a licensed pharmacy from being required to carry or maintain in inventory any specific prescription or non-prescription drug or devise.
HB 1192 sponsored by Rep. Andrew Koenig (R-88), changes the laws regarding investment contracts of the Missouri Higher Education Saving Program, by requiring the state Treasurer to have more investment options.
HB 1185 sponsored by Rep. Mark Parkinson (R-16), adds citizenship information to the sexual offender registration form and requires the State Highway Patrol to report to the federal government any non-U.S. citizen on the sexual offender registry.
Lant: Wading Through Muddied Waters Of Unclear Intent In Legislation, Redistricting Battles
We were busy with committee work most of the week. My committees include Workforce Development, where we heard a proposal to provide clarification to some prevailing wage provisions dealing with definitions of "maintenance work" vs. "construction". It seems that another of the unintended consequences of a bill from a few years past was to muddy the waters about what was what. We also find the need to better define the term "major alteration". These seem on the surface to be nit picking, but the interpretations of these terms can either cost or save the taxpayers many dollars. We passed it out of committee and it will now have a chance to be heard on the House floor. Another of my committees is Appropriations for Transportation and Economic Development. We held several meetings this week to finish hearing testimony from the Department of Transportation and I have to admit they were certainly entertaining. The budget process is tremendously complex in that what appears to be is not always what is! We asked the departments to remove any estimated increases in the budgets and restricted overages to 10% instead of the customary 25%. We passed the budget bill out of committee and sent it to the Budget Director for further adjustments. This is the culmination of about 50 hours of testimony and question and answer sessions. This is really only the beginning of the process of budget, as the Senate conducts their hearings and then the House and Senate committees get together to form a bill to send to the Governor. Then the Governor has the option of withholding up to 3% of the budgeted amount just because. I have to wonder how in the heck they ever came up with this process? I am also on the Professional registration Committee. Every person who holds a license issued by the State is regulated by this department. We are currently hearing testimony that deals with the "Pain Control Clinics". We have heard so far from witnesses on both sides of the issue and it looks like the solution may be in changing some of the wording so the legislation being proposed doesn't affect anyone other than those working in the pain control fields. The trick to good legislation as far as I can tell, is to word it so that anyone can understand what the intent is, and close all the loopholes to keep the lawyers out!
On the House floor, we passed several "Consent" bills. A consent bill is one that has no cost to the taxpayers and is unanimously voted out of committee. Typically, they are naming highways, declaring special days, or adding and subtracting language in an existing bill to clarify it. We passed a dozen of these on Wednesday afternoon. We have a committee whose job it is to do nothing more than get rid of antiquated bills. Some of these are fun just to read. There are still laws on the books outlawing spittoons in hotel lobbies. That had to be a good thing in its day! I was talking to a senior representative last week who told me that just eight years ago there were only about ten books of Missouri Law, today there are over twenty. I think we need to spend more time making sure our bills are written and punctuated properly to make sure we don't have to enact two new laws to correct one mistake. Even a comma placed incorrectly will make a law do something that was never intended.
Last week the Appellate Court ruled that the House Maps are correctly drawn. The Supreme Court still has to rule, but I think they will uphold the lower court decision. The Senate Maps are still unfinished and I have heard talk about extending the filing date to give the commission more time to re-draw their maps. With filing less than two weeks away, they had better get moving or they will have to extend the date. This will create a hardship on those who are running for Senate seats as they won't be able to start campaigning until they know the boundaries of their districts. I think I'll be all right for my House District as long as I don't get over into Oklahoma or Arkansas!
I visited with several Representatives on both sides of the aisle last week about what I consider to be a broken system of dealing with neglected and abused children. The difficult part is that no one department is at fault. We are going to have to look at the entire system in order to find out what is, or is not being done. I have intentions of forming a interim study group to meet with department heads and other interested parties to look for ways to improve, or if necessary, overhaul the current system. I received an E-mail from an old friend last week which spelled out yet more problems I was unaware of. It's amazing what you find out once you start looking into problems. You will be hearing more about this as I learn more. I will also be sharing thoughts and ideas as we begin meeting with the departments.
There is going to be a Storm Spotter Training Class March 9th. at 6:30 in the McDonald County High School Cafeteria. If the past several years are any indication, we need all the storm spotters we can get. There will be more information in the Press this week, if you can go, it sure will be worthwhile. I'll have more next week, until then, I am, and remain, in your service.
On the House floor, we passed several "Consent" bills. A consent bill is one that has no cost to the taxpayers and is unanimously voted out of committee. Typically, they are naming highways, declaring special days, or adding and subtracting language in an existing bill to clarify it. We passed a dozen of these on Wednesday afternoon. We have a committee whose job it is to do nothing more than get rid of antiquated bills. Some of these are fun just to read. There are still laws on the books outlawing spittoons in hotel lobbies. That had to be a good thing in its day! I was talking to a senior representative last week who told me that just eight years ago there were only about ten books of Missouri Law, today there are over twenty. I think we need to spend more time making sure our bills are written and punctuated properly to make sure we don't have to enact two new laws to correct one mistake. Even a comma placed incorrectly will make a law do something that was never intended.
Last week the Appellate Court ruled that the House Maps are correctly drawn. The Supreme Court still has to rule, but I think they will uphold the lower court decision. The Senate Maps are still unfinished and I have heard talk about extending the filing date to give the commission more time to re-draw their maps. With filing less than two weeks away, they had better get moving or they will have to extend the date. This will create a hardship on those who are running for Senate seats as they won't be able to start campaigning until they know the boundaries of their districts. I think I'll be all right for my House District as long as I don't get over into Oklahoma or Arkansas!
I visited with several Representatives on both sides of the aisle last week about what I consider to be a broken system of dealing with neglected and abused children. The difficult part is that no one department is at fault. We are going to have to look at the entire system in order to find out what is, or is not being done. I have intentions of forming a interim study group to meet with department heads and other interested parties to look for ways to improve, or if necessary, overhaul the current system. I received an E-mail from an old friend last week which spelled out yet more problems I was unaware of. It's amazing what you find out once you start looking into problems. You will be hearing more about this as I learn more. I will also be sharing thoughts and ideas as we begin meeting with the departments.
There is going to be a Storm Spotter Training Class March 9th. at 6:30 in the McDonald County High School Cafeteria. If the past several years are any indication, we need all the storm spotters we can get. There will be more information in the Press this week, if you can go, it sure will be worthwhile. I'll have more next week, until then, I am, and remain, in your service.
Burlison: Maintaining Honest Elections
Last week, while the media lambasted the General Assembly for failing to eliminate our State's non-binding primary, Republicans fought to strengthen electoral accountability by passing a crucial election reform. In the House, we have a history of fighting to strengthen our State's elections; in fact, last session we passed two crucial pieces of election legislation. SB 282 would have tied the choosing of our delegates to the primary results by moving the election to March to ensure that all of our State's delegates were counted.
Similarly, to address fraudulent voting, we passed a Voter Identification Bill which would have created fairer elections. Unfortunately, by vetoing both pieces of legislation, Governor Nixon neglected the growing problem of fraudulent voting and required our State to face losing half of our delegates at the party conventions.
Voter fraud is not a mythical issue. In its majority opinion upholding Indiana's Voter Identification law, the U.S. Supreme Court recognized that flagrant examples of voter fraud are real and could affect the outcome of a close election. This month, the Pew Center released a study revealing that approximately 24 million active voter registrations are invalid or contain significantly innaccuracies. With1 in 8 active voter registrations flawed or invalid, there is no time for indecision. If this problem remains unchecked, it will erode the democratic principles of our elections by diluting the voice of legitimate voters. HB 1104 takes steps to protect the integrity of our elections by requiring voters to prove their identity. This ensures that all eligible votes can be cast without fear of fraud.
I sincerely hope that Governor Nixon will consider this bill on its own merits when it reaches his desk. Though he vetoed a similar bill last session, the current version takes strong precautions to prevent voter disenfranchisement. Critics of the bill argue that requiring voters to show a photo ID will suppress the vote of elderly, minority and poor citizens who they claim are less likely to have photo identification. In an effort to alleviate these concerns, HB 1104 allows all citizens without the proper photo identification to obtain one free of charge from the state or their local license bureau.
Similarly, to address fraudulent voting, we passed a Voter Identification Bill which would have created fairer elections. Unfortunately, by vetoing both pieces of legislation, Governor Nixon neglected the growing problem of fraudulent voting and required our State to face losing half of our delegates at the party conventions.
Voter fraud is not a mythical issue. In its majority opinion upholding Indiana's Voter Identification law, the U.S. Supreme Court recognized that flagrant examples of voter fraud are real and could affect the outcome of a close election. This month, the Pew Center released a study revealing that approximately 24 million active voter registrations are invalid or contain significantly innaccuracies. With1 in 8 active voter registrations flawed or invalid, there is no time for indecision. If this problem remains unchecked, it will erode the democratic principles of our elections by diluting the voice of legitimate voters. HB 1104 takes steps to protect the integrity of our elections by requiring voters to prove their identity. This ensures that all eligible votes can be cast without fear of fraud.
I sincerely hope that Governor Nixon will consider this bill on its own merits when it reaches his desk. Though he vetoed a similar bill last session, the current version takes strong precautions to prevent voter disenfranchisement. Critics of the bill argue that requiring voters to show a photo ID will suppress the vote of elderly, minority and poor citizens who they claim are less likely to have photo identification. In an effort to alleviate these concerns, HB 1104 allows all citizens without the proper photo identification to obtain one free of charge from the state or their local license bureau.
Kelley: Pharmacy Inventories, Special Vanity Plates Among Consent Bills Advanced To Senate
Bookending the week with wintry scenes of snow laden trees followed up with a return to early spring like chilly mornings, we are reminded that we are but spectators to Mother Nature’s whims. I do hope everyone had a wonderful Valentine’s Day with their loved ones and those who are most special in our lives…
“Our greatest glory is not in never failing, but in rising up every time we fail.”--Ralph Waldo Emerson
HB 1041 is sponsored by Rep. Mike Thomson (R-04). Currently, only the Board of Governors of Missouri Western State University may transfer property, except in fee simple, without an authorizing act of the General Assembly. This bill restores that ability to the board of governors of the other state universities and changes the expiration date of those provisions from August 28, 2014 to August 28, 2017.
HB 1103 sponsored by Rep. Sandy Crawford (R-119), relates to certain banks, savings institutions, and credit unions which are exempt from the Missouri Appraisal Management Company Registration and Regulation Act as it applies to the assignment of an appraisal request to an appraiser who is an independent contractor to the institution are required to file a notice with the Missouri Real Estate Appraisers Commission within the Department of Insurance, Financial Institutions and Professional Registration that includes the same information that the registered real estate appraisal management company must file. This bill repeals that requirement.
HB 1251 sponsored by Rep. Don Ruzicka (R-[132]), extends the authorization for the Department of Natural Resources to impose fees regarding the federal Safe Drinking Water Act from September 1, 2012 to September 1, 2017.
Consent bills (bills that contain a zero fiscal note, no penalty provisions and are non-controversial in nature) that were Third Read and Passed on the House Floor this week include the following:
HB 1075 sponsored by Rep. David Sater (R-68), prohibits a licensed pharmacy from being required to carry or maintain in inventory any specific prescription or non-prescription drug or devise.
HB 1093 sponsored by Rep. Kevin Elmer (R-141), allows for a special license plate for a person who is a recipient of the Navy Cross.
HB 1141 sponsored by Rep. Chuck Gatschenberger (R-13), changes the laws regarding the “Don’t Tread on Me” special license plate.
HB 1156 sponsored by Rep. Lyle Rowland (R-143), designates a portion of U.S. Highway 160 in the City of Gainesville as the “Matthew J. England Memorial Highway.”
HB 1179 sponsored by Rep. Kent Hampton (R-163), prohibits large water users from conveying water withdrawn or diverted from the Southeast Missouri Regional Water District to a location outside of the district if it interferes with another major user.
HB 1192 sponsored by Rep. Andrew Koenig (R-88), changes the laws regarding investment contracts of the Missouri Higher Education Saving Program.
HB 1185 sponsored by Rep. Mark Parkinson (R-16), adds citizenship information to the sexual offender registration form and requires the State Highway Patrol to report to the federal government any non-U.S. citizen on the sexual offender registry.
HB 1250 sponsored by Rep. Don Ruzicka (R-132), allows certain third class cities to cancel any primary election for the office of mayor and councilman.
HB 1269 sponsored by Rep. Rick Brattin (R-124), revises the laws regarding the Cass County – The Burnt District special license plate.
For more information regarding any specific piece of legislation, visit www.house.mo.gov.
Please contact me with any suggestions that you may have for Missouri legislation. Also, if you should experience problems in contacting or resolving an issue with a Missouri state agency, please feel free to call my Capitol office at (573) 751-2165 or email at mike{dot}kelley{at}house{dot}mo{dot}gov. Thank you for the honor to serve as your Representative in the Missouri House of Representatives. Until my next update, I am, and remain, in your service.
“Our greatest glory is not in never failing, but in rising up every time we fail.”--Ralph Waldo Emerson
Legislative Update
The following bills were Perfected and Third Read this week and head now across the Rotunda to the Senate for consideration:HB 1041 is sponsored by Rep. Mike Thomson (R-04). Currently, only the Board of Governors of Missouri Western State University may transfer property, except in fee simple, without an authorizing act of the General Assembly. This bill restores that ability to the board of governors of the other state universities and changes the expiration date of those provisions from August 28, 2014 to August 28, 2017.
HB 1103 sponsored by Rep. Sandy Crawford (R-119), relates to certain banks, savings institutions, and credit unions which are exempt from the Missouri Appraisal Management Company Registration and Regulation Act as it applies to the assignment of an appraisal request to an appraiser who is an independent contractor to the institution are required to file a notice with the Missouri Real Estate Appraisers Commission within the Department of Insurance, Financial Institutions and Professional Registration that includes the same information that the registered real estate appraisal management company must file. This bill repeals that requirement.
HB 1251 sponsored by Rep. Don Ruzicka (R-[132]), extends the authorization for the Department of Natural Resources to impose fees regarding the federal Safe Drinking Water Act from September 1, 2012 to September 1, 2017.
Consent bills (bills that contain a zero fiscal note, no penalty provisions and are non-controversial in nature) that were Third Read and Passed on the House Floor this week include the following:
HB 1075 sponsored by Rep. David Sater (R-68), prohibits a licensed pharmacy from being required to carry or maintain in inventory any specific prescription or non-prescription drug or devise.
HB 1093 sponsored by Rep. Kevin Elmer (R-141), allows for a special license plate for a person who is a recipient of the Navy Cross.
HB 1141 sponsored by Rep. Chuck Gatschenberger (R-13), changes the laws regarding the “Don’t Tread on Me” special license plate.
HB 1156 sponsored by Rep. Lyle Rowland (R-143), designates a portion of U.S. Highway 160 in the City of Gainesville as the “Matthew J. England Memorial Highway.”
HB 1179 sponsored by Rep. Kent Hampton (R-163), prohibits large water users from conveying water withdrawn or diverted from the Southeast Missouri Regional Water District to a location outside of the district if it interferes with another major user.
HB 1192 sponsored by Rep. Andrew Koenig (R-88), changes the laws regarding investment contracts of the Missouri Higher Education Saving Program.
HB 1185 sponsored by Rep. Mark Parkinson (R-16), adds citizenship information to the sexual offender registration form and requires the State Highway Patrol to report to the federal government any non-U.S. citizen on the sexual offender registry.
HB 1250 sponsored by Rep. Don Ruzicka (R-132), allows certain third class cities to cancel any primary election for the office of mayor and councilman.
HB 1269 sponsored by Rep. Rick Brattin (R-124), revises the laws regarding the Cass County – The Burnt District special license plate.
For more information regarding any specific piece of legislation, visit www.house.mo.gov.
Local News and Events
Scholarship Opportunity for High School Senior Women
As in the past, members of the Women Legislators of Missouri will sponsor a scholarship award for graduating high school senior women in our state. They will be awarding nine $500 scholarships to 2012 graduating women. One recipient will be chosen from each of the nine Missouri U.S. Congressional Districts for a scholarship award. For more information and the application, please e-mail Denia Fields at denia{dot}fields{at}house{dot}mo{dot}gov.Important Tax Information
Taxpayers making $57,000 or less can visit www.irs.gov/efile to prepare and E-File federal tax returns for FREE, a landmark partnership between the IRS and tax software providers.Visiting the Capitol
I always enjoy it when constituents visit the Capitol, and this week I was thrilled to greet a group of students from the Lamar Vo-Tech, Dr. Erik Miller and his PA student as well as my sister-in-law Beth. If you ever find yourself in or around Jefferson City at any time during the year, please feel free to visit us! Stop by the Office in Room 201E and we will be happy to meet and greet you!Personal News & Notes
If you know anyone who would be interested in receiving this Capitol Report, they can click the “Capitol Report Signup” button on my member home page at www.house.mo.gov and enter the appropriate information to receive the Capitol Report.Please contact me with any suggestions that you may have for Missouri legislation. Also, if you should experience problems in contacting or resolving an issue with a Missouri state agency, please feel free to call my Capitol office at (573) 751-2165 or email at mike{dot}kelley{at}house{dot}mo{dot}gov. Thank you for the honor to serve as your Representative in the Missouri House of Representatives. Until my next update, I am, and remain, in your service.
Mayer and Dempsey: Senate Advances Workers’ Comp Reform Bil
Measure Would Protect Co-employees and Help Businesses Create Jobs
JEFFERSON CITY – The Missouri Senate by a vote of 28 to 6 advanced to the House today a measure that reforms Missouri Workers’ Compensation System. The bill, Senate Bill 572, would restore protections for co-employees from personal lawsuits for their role in honest accidents at work and return Workers’ Compensation as the exclusive remedy for workplace accidents.
Senate Majority Floor Leader Tom Dempsey, R-St. Charles, sponsored the measure and said the changes would improve Missouri’s business climate.
“This bill presents real solutions to problems facing our state’s workforce and their employers,” said Dempsey. “Ending lawsuit abuses and relieving the need for additional insurance to cover honest accidents at work are important to making sure Missouri businesses can grow and hire more employees.”
Dempsey said the bill would abrogate a 2010 appeals court decision that opened up co-employees to this risk. The bill also reinstates the Workers’ Compensation System as the exclusive remedy for workplace claims, except in cases where employers intentionally put their employees at risk of injury or death.
“It’s unacceptable that an employee injured in an honest accident at work can sue his or her co-employees,” Dempsey said. “Coworkers, most of whom do not have insurance when it comes to covering their role in workplace accidents, should not be open to lawsuits as a secondary slush fund for those injured on the job. The responsibility should begin and end with the employer and the workers’ compensation system.”
Senate Leader Robert N. Mayer said the measure is one of several priorities designed to spur job creation in Missouri.
“While Missouri’s unemployment rate has improved, it is still too high with more than 245,000 Missourians still out of work,” said Mayer, R-Dexter. “We acted quickly on this bill because it is an important step in creating a climate where businesses will want to expand.”
The bill now moves to the House for similar consideration. The measure included an emergency clause, meaning it would take effect immediately upon the governor’s signature. To learn more about this bill or to track its progress, visit www.senate.mo.gov.
JEFFERSON CITY – The Missouri Senate by a vote of 28 to 6 advanced to the House today a measure that reforms Missouri Workers’ Compensation System. The bill, Senate Bill 572, would restore protections for co-employees from personal lawsuits for their role in honest accidents at work and return Workers’ Compensation as the exclusive remedy for workplace accidents.
Senate Majority Floor Leader Tom Dempsey, R-St. Charles, sponsored the measure and said the changes would improve Missouri’s business climate.
“This bill presents real solutions to problems facing our state’s workforce and their employers,” said Dempsey. “Ending lawsuit abuses and relieving the need for additional insurance to cover honest accidents at work are important to making sure Missouri businesses can grow and hire more employees.”
Dempsey said the bill would abrogate a 2010 appeals court decision that opened up co-employees to this risk. The bill also reinstates the Workers’ Compensation System as the exclusive remedy for workplace claims, except in cases where employers intentionally put their employees at risk of injury or death.
“It’s unacceptable that an employee injured in an honest accident at work can sue his or her co-employees,” Dempsey said. “Coworkers, most of whom do not have insurance when it comes to covering their role in workplace accidents, should not be open to lawsuits as a secondary slush fund for those injured on the job. The responsibility should begin and end with the employer and the workers’ compensation system.”
Senate Leader Robert N. Mayer said the measure is one of several priorities designed to spur job creation in Missouri.
“While Missouri’s unemployment rate has improved, it is still too high with more than 245,000 Missourians still out of work,” said Mayer, R-Dexter. “We acted quickly on this bill because it is an important step in creating a climate where businesses will want to expand.”
The bill now moves to the House for similar consideration. The measure included an emergency clause, meaning it would take effect immediately upon the governor’s signature. To learn more about this bill or to track its progress, visit www.senate.mo.gov.
Kraus: Uninsured Motorists
Earlier this year, I filed Senate Bill 696, which increases fees, fines and penalties for uninsured motorists. For years, I have heard from one constituent or another who was hit by an uninsured motorist and found out how devastating it can be.
In doing research for the bill, I found some incredible statistics. In the year from July 2010 to July 2011, there were more than 6,000 collisions in Missouri involving uninsured motorists. In the calendar year 2010, the state issued 22,000 citations to uninsured motorists. Overall, 14 percent of Missouri drivers are uninsured. The Missouri State Auditor estimates that it costs those of us with insurance more than $90 million per year to cover uninsured motorists.
I decided it was time to crack down on this growing problem. I asked our Senate research staff to summarize all the laws related to uninsured drivers, and then I set about making them tougher.
Under SB 696, anyone caught driving while uninsured would have his or her license suspended. The measure also raises the reinstatement fee for first, second, and subsequent offenses. It also doubles the suspension period for second offenses.
Currently the court can fine an uninsured driver up to $300 and sentence him or her to jail for up to 15 days for a second or subsequent offense. SB 696 adds a mandatory $1,000 fine for a second offense, and a $5,000 fine for a third offense.
Finally, SB 696 adds two new impound capabilities. If it passes, courts will be able to impound the vehicle of an uninsured driver for up to six months on a second or subsequent offense. In addition, an officer would be able to order the impounding of a vehicle of an uninsured driver who is involved in an accident.
SB 696 was heard in the Small Business, Insurance and Industry Committee this week. There was no testimony in opposition to the bill. My hope is that it will pass out of committee next week, and be heard on the floor in the near future. My intent for this legislation is to reduce the number of motorists who are uninsured and to limit the impact those uninsured drivers have on all Missourians.
We are still receiving RSVPs for our District Days on March 21 and March 27. Next week, the Capitol Report will focus on our activities for those days. I would ask you share that e-mail with anyone you know in the district who may want to attend.
Linda Vogt, who has worked with me both in the House and Senate, has announced her retirement effective March 1. Linda has been a valuable asset to this office and to the residents of the 8th District. I know you will join me in wishing Linda a safe and healthy retirement.
This week, we welcomed Megan Wolfe as our new Legislative Assistant. Megan had worked as both an intern and an employee in Rep. Mike McGhee’s office in the Missouri House. Megan is energetic and ready to help in any way she can. She can be reached at megan{dot}wolfe{at}senate{dot}mo{dot}gov.
In doing research for the bill, I found some incredible statistics. In the year from July 2010 to July 2011, there were more than 6,000 collisions in Missouri involving uninsured motorists. In the calendar year 2010, the state issued 22,000 citations to uninsured motorists. Overall, 14 percent of Missouri drivers are uninsured. The Missouri State Auditor estimates that it costs those of us with insurance more than $90 million per year to cover uninsured motorists.
I decided it was time to crack down on this growing problem. I asked our Senate research staff to summarize all the laws related to uninsured drivers, and then I set about making them tougher.
Under SB 696, anyone caught driving while uninsured would have his or her license suspended. The measure also raises the reinstatement fee for first, second, and subsequent offenses. It also doubles the suspension period for second offenses.
Currently the court can fine an uninsured driver up to $300 and sentence him or her to jail for up to 15 days for a second or subsequent offense. SB 696 adds a mandatory $1,000 fine for a second offense, and a $5,000 fine for a third offense.
Finally, SB 696 adds two new impound capabilities. If it passes, courts will be able to impound the vehicle of an uninsured driver for up to six months on a second or subsequent offense. In addition, an officer would be able to order the impounding of a vehicle of an uninsured driver who is involved in an accident.
SB 696 was heard in the Small Business, Insurance and Industry Committee this week. There was no testimony in opposition to the bill. My hope is that it will pass out of committee next week, and be heard on the floor in the near future. My intent for this legislation is to reduce the number of motorists who are uninsured and to limit the impact those uninsured drivers have on all Missourians.
District Days
We are still receiving RSVPs for our District Days on March 21 and March 27. Next week, the Capitol Report will focus on our activities for those days. I would ask you share that e-mail with anyone you know in the district who may want to attend.
New District 8 Staff Member
Linda Vogt, who has worked with me both in the House and Senate, has announced her retirement effective March 1. Linda has been a valuable asset to this office and to the residents of the 8th District. I know you will join me in wishing Linda a safe and healthy retirement.
This week, we welcomed Megan Wolfe as our new Legislative Assistant. Megan had worked as both an intern and an employee in Rep. Mike McGhee’s office in the Missouri House. Megan is energetic and ready to help in any way she can. She can be reached at megan{dot}wolfe{at}senate{dot}mo{dot}gov.
Mayer: Senate Advances Bill Curbing Excessive Rules and Regulations
Measure Would Help Tear Down Economic Barriers for All Businesses
JEFFERSON CITY – Missouri business owners moved one step closer to greater freedom from excessive and overly burdensome state rules and regulations when the Missouri Senate voted 28 to 6 today to advance Senate Bill 469. Sponsor Sen. Bob Dixon, R-Springfield, noted it is one of several Senate bills aimed at putting Missourians back to work.
“An important part of the jobs solution is making sure Missourians can exercise their freedom to earn a living,” said Dixon. “Burdensome regulations can be barriers that stifle job growth and make Missouri less competitive. This is one way we can go back to basics and make government work for Missourians.”
In an October 2011 Gallup poll, small-business owners ranked compliance with government regulations as the most important problem facing them today.
Senate Bill 469 would require state agencies to review and reconsider regulations on a regular basis. The bill would increase agency accountability and improve legislative oversight.
Each regulation must be reviewed regularly to determine whether it is outdated, duplicative, conflicts with other rules, is burdensome or narrowly tailored and then agencies must make necessary changes while still providing adequate protection of the public.
“We can’t let small businesses be buried in red tape on the one hand and expect them to create jobs on the other hand,” said Dixon.
Senate Leader Robert N. Mayer, R-Dexter, outlined the bill as a priority to help improve Missouri’s business climate in his opening day address to the Senate. Mayer said the measure is part of a comprehensive package of bills aimed at helping spur job creation.
“Few things can bring private sector growth to a halt more quickly than overly contrived red tape. That is why we must tear down the walls that are economic barriers to all Missouri businesses,” Mayer said. “The Senate has now advanced a number of bills, including curbing excessive and overly burdensome regulations that affect all business – big and small.”
The measure now moves to the House for similar consideration. To learn more about this bill or to track its progress, visit www.senate.mo.gov.
JEFFERSON CITY – Missouri business owners moved one step closer to greater freedom from excessive and overly burdensome state rules and regulations when the Missouri Senate voted 28 to 6 today to advance Senate Bill 469. Sponsor Sen. Bob Dixon, R-Springfield, noted it is one of several Senate bills aimed at putting Missourians back to work.
“An important part of the jobs solution is making sure Missourians can exercise their freedom to earn a living,” said Dixon. “Burdensome regulations can be barriers that stifle job growth and make Missouri less competitive. This is one way we can go back to basics and make government work for Missourians.”
In an October 2011 Gallup poll, small-business owners ranked compliance with government regulations as the most important problem facing them today.
Senate Bill 469 would require state agencies to review and reconsider regulations on a regular basis. The bill would increase agency accountability and improve legislative oversight.
Each regulation must be reviewed regularly to determine whether it is outdated, duplicative, conflicts with other rules, is burdensome or narrowly tailored and then agencies must make necessary changes while still providing adequate protection of the public.
“We can’t let small businesses be buried in red tape on the one hand and expect them to create jobs on the other hand,” said Dixon.
Senate Leader Robert N. Mayer, R-Dexter, outlined the bill as a priority to help improve Missouri’s business climate in his opening day address to the Senate. Mayer said the measure is part of a comprehensive package of bills aimed at helping spur job creation.
“Few things can bring private sector growth to a halt more quickly than overly contrived red tape. That is why we must tear down the walls that are economic barriers to all Missouri businesses,” Mayer said. “The Senate has now advanced a number of bills, including curbing excessive and overly burdensome regulations that affect all business – big and small.”
The measure now moves to the House for similar consideration. To learn more about this bill or to track its progress, visit www.senate.mo.gov.
Stouffer: Transportation Tweaks Could Put More Money on Roads
Among the first bills passed in the Missouri Senate this year is Senate Bill 443, which would make some changes to part of Missouri’s transportation laws, mainly to bring the state in line with federal standards and put more money toward our roads.
The bill has two major parts: the first dealing with intoxication-related traffic offenses and the second relating to commercial driver’s licenses.
The first portion of Senate Bill 443 allows courts and the Missouri Department of Revenue (DOR) to issue limited driving privileges to repeat offenders for the purpose of driving to or from his or her place of employment, school, alcohol or drug treatment programs, and seeking the services of a certified ignition interlock device provider. Limited driving privileges may not be granted for seeking medical treatment or other circumstances that create undue hardships for the driver.
Also, federal law does not authorize DUI courts as an alternative to mandatory jail or community service, currently laid out in Missouri state statute. In order to comply with federal law, Senate Bill 443 would allow prior and persistent offenders to avoid the minimum days of imprisonment by performing community service and completing a DWI court program, if available. The DWI court program or other treatment program must include the minimum periods of community service. The measure also makes changes to community service requirements.
The second portion of the bill deals with commercial drivers’ licenses (CDL’s). The measure changes the penalties for CDL holders’ failure to appear in court, adds new definitions to the Uniform Commercial Driver’s License Act, makes changes to current compliance guidelines for Federal Motor Carrier Safety regulations, supports the implementation of the “Medical Certification Requirements as part of the CDL” federal rule, and implements a Federal Motor Carrier Safety regulation known as “Medical Certification Requirements as part of the CDL.”
Simply put, the biggest change is an effort to streamline the process for all Missouri CDL holders to eventually link their "medical card" to their driver’s license. This would ultimately eliminate the need for CDL holders to carry their medical card, as the medical certification would be included in the records maintained by the DOR. Until this bill is approved, and the systems are in place with DOR, Missouri CDL holders should continue to carry their medical card with them when they drive. Those already traveling across state lines already meet this requirement. Farmers would be exempt within a 150 mile radius, so those farmers traveling inside Missouri — but 150 miles from their farm — will need to comply.
Finally, since Senate Bill 443 puts state laws back in line with federal guidelines, the measure would also allow the Missouri Department of Transportation (MoDOT) to move $60 million from its legal fund to its transportation fund. This way, MoDOT could put more funds into what it is supposed to do: fix roads. Considering the department’s road budget is half of what it once was, this is a step forward.
It is my hope that Senate Bill 443 will receive quick passage in the Missouri House and be signed into law. We need these changes to go into effect as soon as possible.
The bill has two major parts: the first dealing with intoxication-related traffic offenses and the second relating to commercial driver’s licenses.
Driving Under the Influence (DUI)
The first portion of Senate Bill 443 allows courts and the Missouri Department of Revenue (DOR) to issue limited driving privileges to repeat offenders for the purpose of driving to or from his or her place of employment, school, alcohol or drug treatment programs, and seeking the services of a certified ignition interlock device provider. Limited driving privileges may not be granted for seeking medical treatment or other circumstances that create undue hardships for the driver.
Also, federal law does not authorize DUI courts as an alternative to mandatory jail or community service, currently laid out in Missouri state statute. In order to comply with federal law, Senate Bill 443 would allow prior and persistent offenders to avoid the minimum days of imprisonment by performing community service and completing a DWI court program, if available. The DWI court program or other treatment program must include the minimum periods of community service. The measure also makes changes to community service requirements.
Commercial Drivers’ Licenses
The second portion of the bill deals with commercial drivers’ licenses (CDL’s). The measure changes the penalties for CDL holders’ failure to appear in court, adds new definitions to the Uniform Commercial Driver’s License Act, makes changes to current compliance guidelines for Federal Motor Carrier Safety regulations, supports the implementation of the “Medical Certification Requirements as part of the CDL” federal rule, and implements a Federal Motor Carrier Safety regulation known as “Medical Certification Requirements as part of the CDL.”
Simply put, the biggest change is an effort to streamline the process for all Missouri CDL holders to eventually link their "medical card" to their driver’s license. This would ultimately eliminate the need for CDL holders to carry their medical card, as the medical certification would be included in the records maintained by the DOR. Until this bill is approved, and the systems are in place with DOR, Missouri CDL holders should continue to carry their medical card with them when they drive. Those already traveling across state lines already meet this requirement. Farmers would be exempt within a 150 mile radius, so those farmers traveling inside Missouri — but 150 miles from their farm — will need to comply.
Finally, since Senate Bill 443 puts state laws back in line with federal guidelines, the measure would also allow the Missouri Department of Transportation (MoDOT) to move $60 million from its legal fund to its transportation fund. This way, MoDOT could put more funds into what it is supposed to do: fix roads. Considering the department’s road budget is half of what it once was, this is a step forward.
It is my hope that Senate Bill 443 will receive quick passage in the Missouri House and be signed into law. We need these changes to go into effect as soon as possible.
Tim Jones: Three House Bills, Nine Consent Bills Head To Senate
At right: In the Speaker’s Office with Business & Community Leaders from thriving Springfield, MO.
Bookending the week with wintry scenes of snow laden trees followed up with a return to early spring like chilly mornings, we are reminded that we are but spectators to Mother Nature’s whims. I do hope everyone had a wonderful Valentine’s Day with their loved ones and those who are most special in our lives…
“Our greatest glory is not in never failing, but in rising up every time we fail.”--Ralph Waldo Emerson
The following bills were Perfected and Third Read this week and head now across the Rotunda to the Senate for consideration:
HB 1041 is sponsored by Rep. Mike Thomson (R-04). Currently, only the Board of Governors of Missouri Western State University may transfer property, except in fee simple, without an authorizing act of the General Assembly. This bill restores that ability to the board of governors of the other state universities and changes the expiration date of those provisions from August 28, 2014 to August 28, 2017.
HB 1103 sponsored by Rep. Sandy Crawford (R-119), relates to certain banks, savings institutions, and credit unions which are exempt from the Missouri Appraisal Management Company Registration and Regulation Act as it applies to the assignment of an appraisal request to an appraiser who is an independent contractor to the institution are required to file a notice with the Missouri Real Estate Appraisers Commission within the Department of Insurance, Financial Institutions and Professional Registration that includes the same information that the registered real estate appraisal management company must file. This bill repeals that requirement.
HB 1251 sponsored by Rep. Don Ruzicka (R-[132]), extends the authorization for the Department of Natural Resources to impose fees regarding the federal Safe Drinking Water Act from September 1, 2012 to September 1, 2017.
Consent bills (bills that contain a zero fiscal note, no penalty provisions and are non-controversial in nature) that were Third Read and Passed on the House Floor this week include the following:
HB 1075 sponsored by Rep. David Sater (R-68), prohibits a licensed pharmacy from being required to carry or maintain in inventory any specific prescription or non-prescription drug or devise.
HB 1093 sponsored by Rep. Kevin Elmer (R-141), allows for a special license plate for a person who is a recipient of the Navy Cross.
HB 1141 sponsored by Rep. Chuck Gatschenberger (R-13), changes the laws regarding the “Don’t Tread on Me” special license plate.
HB 1156 sponsored by Rep. Lyle Rowland (R-143), designates a portion of U.S. Highway 160 in the City of Gainesville as the “Matthew J. England Memorial Highway.”
HB 1179 sponsored by Rep. Kent Hampton (R-163), prohibits large water users from conveying water withdrawn or diverted from the Southeast Missouri Regional Water District to a location outside of the district if it interferes with another major user.
HB 1192 sponsored by Rep. Andrew Koenig (R-88), changes the laws regarding investment contracts of the Missouri Higher Education Saving Program.
HB 1185 sponsored by Rep. Mark Parkinson (R-16), adds citizenship information to the sexual offender registration form and requires the State Highway Patrol to report to the federal government any non-U.S. citizen on the sexual offender registry.
HB 1250 sponsored by Rep. Don Ruzicka (R-132), allows certain third class cities to cancel any primary election for the office of mayor and councilman.
HB 1269 sponsored by Rep. Rick Brattin (R-124), revises the laws regarding the Cass County – The Burnt District special license plate.
For more information regarding any specific piece of legislation, visit www.house.mo.gov.
Until our next update, I am, and remain, in your service.
Bookending the week with wintry scenes of snow laden trees followed up with a return to early spring like chilly mornings, we are reminded that we are but spectators to Mother Nature’s whims. I do hope everyone had a wonderful Valentine’s Day with their loved ones and those who are most special in our lives…
“Our greatest glory is not in never failing, but in rising up every time we fail.”--Ralph Waldo Emerson
Legislative Update
The following bills were Perfected and Third Read this week and head now across the Rotunda to the Senate for consideration:
HB 1041 is sponsored by Rep. Mike Thomson (R-04). Currently, only the Board of Governors of Missouri Western State University may transfer property, except in fee simple, without an authorizing act of the General Assembly. This bill restores that ability to the board of governors of the other state universities and changes the expiration date of those provisions from August 28, 2014 to August 28, 2017.
HB 1103 sponsored by Rep. Sandy Crawford (R-119), relates to certain banks, savings institutions, and credit unions which are exempt from the Missouri Appraisal Management Company Registration and Regulation Act as it applies to the assignment of an appraisal request to an appraiser who is an independent contractor to the institution are required to file a notice with the Missouri Real Estate Appraisers Commission within the Department of Insurance, Financial Institutions and Professional Registration that includes the same information that the registered real estate appraisal management company must file. This bill repeals that requirement.
HB 1251 sponsored by Rep. Don Ruzicka (R-[132]), extends the authorization for the Department of Natural Resources to impose fees regarding the federal Safe Drinking Water Act from September 1, 2012 to September 1, 2017.
Consent bills (bills that contain a zero fiscal note, no penalty provisions and are non-controversial in nature) that were Third Read and Passed on the House Floor this week include the following:
HB 1075 sponsored by Rep. David Sater (R-68), prohibits a licensed pharmacy from being required to carry or maintain in inventory any specific prescription or non-prescription drug or devise.
HB 1093 sponsored by Rep. Kevin Elmer (R-141), allows for a special license plate for a person who is a recipient of the Navy Cross.
HB 1141 sponsored by Rep. Chuck Gatschenberger (R-13), changes the laws regarding the “Don’t Tread on Me” special license plate.
HB 1156 sponsored by Rep. Lyle Rowland (R-143), designates a portion of U.S. Highway 160 in the City of Gainesville as the “Matthew J. England Memorial Highway.”
HB 1179 sponsored by Rep. Kent Hampton (R-163), prohibits large water users from conveying water withdrawn or diverted from the Southeast Missouri Regional Water District to a location outside of the district if it interferes with another major user.
HB 1192 sponsored by Rep. Andrew Koenig (R-88), changes the laws regarding investment contracts of the Missouri Higher Education Saving Program.
HB 1185 sponsored by Rep. Mark Parkinson (R-16), adds citizenship information to the sexual offender registration form and requires the State Highway Patrol to report to the federal government any non-U.S. citizen on the sexual offender registry.
HB 1250 sponsored by Rep. Don Ruzicka (R-132), allows certain third class cities to cancel any primary election for the office of mayor and councilman.
HB 1269 sponsored by Rep. Rick Brattin (R-124), revises the laws regarding the Cass County – The Burnt District special license plate.
For more information regarding any specific piece of legislation, visit www.house.mo.gov.
Local News and Events
Scholarship Opportunity for High School Senior Women
As in the past, members of the Women Legislators of Missouri will sponsor a scholarship award for graduating high school senior women in our state. They will be awarding nine $500 scholarships to 2012 graduating women. One recipient will be chosen from each of the nine Missouri U.S. Congressional Districts for a scholarship award. For more information and the application, please e-mail Denia Fields at denia{dot}fields{at}house{dot}mo{dot}gov.Important Tax Information
Taxpayers making $57,000 or less can visit www.irs.gov/efile to prepare and E-File federal tax returns for FREE, a landmark partnership between the IRS and tax software providers.Garage Sale/Swap Meet
The City of Eureka’s Chamber of Commerce will be holding its 5th annual Garage Sale/Swap Meet Saturday, March 10th from 8 a.m. - 1 p.m. located in the Six Flags Parking Lot. For more information and downloadable form go to www.eurekachamber.org and click on the events tab on the left hand side of your screen. You can also call the Chamber office at 636-938-6062 for more information.Upcoming Workshops
The St. Louis Arc Family Workshops are designed to provide in-depth information on topics related to supporting family members with developmental disabilities. The workshops are free and take place at the St. Louis Arc Family Center at 1177 N. Warson Rd., St. Louis, MO 63123. For more information, please visit www.slarc.org or contact Ann Mangelsdorf at amangelsdorf{at}slarc{dot}org or by telephone at 314-817-2275. You must be registered to attend. For a complete list of the workshops and support groups available through the St. Louis Arc, visit www.slarc.org.Visiting the Capitol
I always enjoy it when constituents visit the Capitol, and this week I was thrilled to greet retired teacher Bill Byrd, and Chuck Welegala from Wildwood. If you ever find yourself in or around Jefferson City at any time during the year, please feel free to visit us! Stop by the Majority Leader’s Office in Room 302 and we will be happy to meet and greet you!Personal News & Notes
If you know anyone who would be interested in receiving this Capitol Report, they can click the “Capitol Report Signup” button on my member home page at www.house.mo.gov and enter the appropriate information to receive the Capitol Report.Until our next update, I am, and remain, in your service.
15 February 2012
Schupp: "Putting People First" Core Principle, Advocating for Alzheimer's
Last week, we passed a bill that raises the burden of proof for employees who assert discrimination in firing or lack of promotion, and undermines protections for "whistle blowers." Additionally, the House passed the bill requiring a state issued photo ID to be shown at the polls.
I heard from many of you about these bills, and your input is always welcome and helpful...even when we disagree. One of the principles I adhere to is "Putting People First." What policies will make our government work for its people?
You let me know that you enjoyed hearing from interns Nick, Nora and Drew. Someone even commented that she felt as if she was on "the inside" participating in a staff meeting. We will move forward with their reports in order to let you know what is going on in our busy office.
Have a safe and warm week. Please let us know how we can serve you.
Truly,
Jill
One of my assignments in Representative Schupp's office is to find ways to update and re-formulate a green purchasing plan for the state. For those of you who aren’t invested in environmental policy, what this plan would do is increase the amount of recycled, environmentally-friendly, and EnergyStar compliant products the state would purchase in its normal course of business. Each state department could then conduct its business in more environmentally friendly ways, reducing long-term costs and increasing technical efficiency. Savings would allow the state to re-allocate funds being wasted on inefficient products and services towards more productive uses.
I have been working closely with the Office of Administration, Department of Natural Resources, and the Environmental Improvement and Energy Resources Authority (EIERA; try saying that 10 times fast) trying to formulate a plan that fits the needs and capabilities of our great state. This plan would have potential to place Missouri at the forefront of a burgeoning and innovative sector of the economy. It is often said that creating or facilitating the growth of jobs should be a top priority of government, and this plan would support a field that is literally built on entrepreneurship and innovation. If you have any questions, suggestions, or critiques, don’t hesitate to call me at Rep. Schupp's office at 573 751 9762 or 314 616 5009
Finally, Go Tigers! Nicholas and I are proud of our University for (possibly) ending the Border War rivalry with class, style, and, of course, a victory!
I was pleased to introduce Linda Eise (center) of Drury Hotels and Tami Goldman of the Missouri History Museum on the House floor during their visit to the Capitol in support of St. Louis's many tourism opportunities.
I was thrilled to get the opportunity to meet with Teri Miller, the St. Louis MVHP scheduler, as I learn the complexities of the early stages of a non-profit organization and the steps to follow as I begin my new role as a schedule for the Missouri Veterans History Project.
The MVHP was created to capture the stories of veterans of all ages, tours of duty and lengths of service, whether combat or non-combat. The organization partners with The State Historical Society of Missouri and the Veterans History Project at the Library of Congress in its efforts to capture and preserve these oral histories. Once we have recorded a veteran's story, we provide a DVD to the veteran and send copies to The State Historical Society and the national collection. These stories will be preserved for family members and historians for generations to come.
Chances are, you know a veteran with a story to tell! Just as importantly, you or someone you know may wish to volunteer for MVHP. There is great need for interviewers, camera operators, schedulers and others positions that all contribute to the success of MVHP statewide.
For more information on preserving veterans' stories or volunteering for MVHP, please call me at 573 751 9762 or 314 616 5009. I look forward to hearing from you.
On a personal note, I am a Detroit native who just attended my first St. Louis Blues game with members of my sales and marketing fraternity. I was fortunate enough to see a Blues victory from the front row!
Stacy Tew-Lovasz [at right] visited the Capitol recently to advocate for Alzheimer's patients in her role as the president of the Alzheimer's Association,
St. Louis chapter.
If your group or organization is visiting the Capitol to advocate for an issue, please contact my office! It's my privilege to meet with constituents and stay informed on important issues.
At left: Nora with Representative Schupp and her Washington University Brown School of Social Work professor Tim McBride
In last week’s newsletter, I wrote about improving the quality care of older adults in nursing homes. In the United States, falls are a serious public health problem for older adults living in the community. Injuries that result from falls, such as fractures and head injuries, need serious medical attention and individuals are often admitted to hospitals or nursing homes. Physical injury and fears of subsequent falls can threaten an individual’s independence, which have long-term impacts on overall well being.
So, what are some strategies to protect oneself from falls? There is strong evidence that exercise reduces the risk of falling among older adults. In particular, exercises that build endurance, flexibility, and balance are effective at reducing falls for older adults. Examples of exercise include walking, gardening and yard work, t’ai chi and moderate weight lifting. In fact, most exercises can be done from your own home--no need for a fancy gym or expensive equipment.
More tips from the Centers for Disease Control and Prevention:
I heard from many of you about these bills, and your input is always welcome and helpful...even when we disagree. One of the principles I adhere to is "Putting People First." What policies will make our government work for its people?
You let me know that you enjoyed hearing from interns Nick, Nora and Drew. Someone even commented that she felt as if she was on "the inside" participating in a staff meeting. We will move forward with their reports in order to let you know what is going on in our busy office.
Have a safe and warm week. Please let us know how we can serve you.
Truly,
Jill
Drew Stiehl… working on building a "Green Future" for Missouri
One of my assignments in Representative Schupp's office is to find ways to update and re-formulate a green purchasing plan for the state. For those of you who aren’t invested in environmental policy, what this plan would do is increase the amount of recycled, environmentally-friendly, and EnergyStar compliant products the state would purchase in its normal course of business. Each state department could then conduct its business in more environmentally friendly ways, reducing long-term costs and increasing technical efficiency. Savings would allow the state to re-allocate funds being wasted on inefficient products and services towards more productive uses.
I have been working closely with the Office of Administration, Department of Natural Resources, and the Environmental Improvement and Energy Resources Authority (EIERA; try saying that 10 times fast) trying to formulate a plan that fits the needs and capabilities of our great state. This plan would have potential to place Missouri at the forefront of a burgeoning and innovative sector of the economy. It is often said that creating or facilitating the growth of jobs should be a top priority of government, and this plan would support a field that is literally built on entrepreneurship and innovation. If you have any questions, suggestions, or critiques, don’t hesitate to call me at Rep. Schupp's office at 573 751 9762 or 314 616 5009
Finally, Go Tigers! Nicholas and I are proud of our University for (possibly) ending the Border War rivalry with class, style, and, of course, a victory!
Visitors Tout St. Louis Tourism
I was pleased to introduce Linda Eise (center) of Drury Hotels and Tami Goldman of the Missouri History Museum on the House floor during their visit to the Capitol in support of St. Louis's many tourism opportunities.
Nicholas Arroyo… beginning work on Missouri Veterans History Project (MVHP)
I was thrilled to get the opportunity to meet with Teri Miller, the St. Louis MVHP scheduler, as I learn the complexities of the early stages of a non-profit organization and the steps to follow as I begin my new role as a schedule for the Missouri Veterans History Project.
The MVHP was created to capture the stories of veterans of all ages, tours of duty and lengths of service, whether combat or non-combat. The organization partners with The State Historical Society of Missouri and the Veterans History Project at the Library of Congress in its efforts to capture and preserve these oral histories. Once we have recorded a veteran's story, we provide a DVD to the veteran and send copies to The State Historical Society and the national collection. These stories will be preserved for family members and historians for generations to come.
Chances are, you know a veteran with a story to tell! Just as importantly, you or someone you know may wish to volunteer for MVHP. There is great need for interviewers, camera operators, schedulers and others positions that all contribute to the success of MVHP statewide.
For more information on preserving veterans' stories or volunteering for MVHP, please call me at 573 751 9762 or 314 616 5009. I look forward to hearing from you.
On a personal note, I am a Detroit native who just attended my first St. Louis Blues game with members of my sales and marketing fraternity. I was fortunate enough to see a Blues victory from the front row!
Advocating for Alzheimer's
Stacy Tew-Lovasz [at right] visited the Capitol recently to advocate for Alzheimer's patients in her role as the president of the Alzheimer's Association,
St. Louis chapter.
If your group or organization is visiting the Capitol to advocate for an issue, please contact my office! It's my privilege to meet with constituents and stay informed on important issues.
Nora Geary on Fall Prevention for Senior Citizens
At left: Nora with Representative Schupp and her Washington University Brown School of Social Work professor Tim McBride
In last week’s newsletter, I wrote about improving the quality care of older adults in nursing homes. In the United States, falls are a serious public health problem for older adults living in the community. Injuries that result from falls, such as fractures and head injuries, need serious medical attention and individuals are often admitted to hospitals or nursing homes. Physical injury and fears of subsequent falls can threaten an individual’s independence, which have long-term impacts on overall well being.
So, what are some strategies to protect oneself from falls? There is strong evidence that exercise reduces the risk of falling among older adults. In particular, exercises that build endurance, flexibility, and balance are effective at reducing falls for older adults. Examples of exercise include walking, gardening and yard work, t’ai chi and moderate weight lifting. In fact, most exercises can be done from your own home--no need for a fancy gym or expensive equipment.
More tips from the Centers for Disease Control and Prevention:
- Get a lot for a little: Older adults can obtain significant health benefits with just a moderate amount of physical activity daily or almost-daily. Walking, stair-walking, or low-intensity aerobics are all great options.
- Get tough: Older adults can benefit from muscle-strengthening activities. Stronger muscles help reduce the risk of falling and improve the ability to perform daily tasks.
- Stay social: the CDC says social support from family and friends has been consistently and positively related to regular physical activities.
Carter: Budget Looms Large, Non-Compliance Threatens Federal Highway Funds,
At left: Judge Jimmie Edwards with State Representative Chris Carter
The 96th Missouri General Assembly convened its second regular session on Jan. 4 with lawmakers bracing for yet another round of deep budget cuts and Republican leaders offering more modest legislative agendas in the wake of two unproductive legislative sessions in 2011 that were derailed by disagreements between the GOP majorities in the Senate and House of Representatives. The 2012 legislative session will end on May 18.
With an estimated $550 million general revenue shortfall expected in the state operating budget for the 2013 fiscal year, which begins July 1, lawmakers must again contemplate ways to reduce spending. However, after a decade of significant cuts most, if not all, of the easy-to-eliminate items are long gone from the state budget, leaving only core state services remaining. As they have throughout the state's continuing budget troubles, legislative leaders have ruled out virtually any form of tax increase to offset cuts.
Efforts to rewrite the formula for distributing state funding to local school districts will also figure prominently, and likely generate controversy. The existing formula was enacted in 2005, but was to be phased on over seven years, instead of all at once, in order to keep the annual funding increases it called for at a manageable level. However, the formula hasn't been fully funded in recent years, a contingency it wasn't designed for. Although changing the formula is necessary to account for the insufficient funding, tinkering would inevitably result in some districts having their state funding reduced from existing levels. As a result, any proposed solution that doesn't involve increasing formula funding - and no such increase is expected to be forthcoming - is almost certain to prove unpalatable to some group of lawmakers.
Although lawmakers again identified job creation as a top priority, the ambitious and wide-ranging proposals that sparked disagreements between House and Senate Republicans last year have largely been set aside. Instead, GOP leaders said they would focus on legislation sought by business groups that have little direct bearing on job creation, such as making it more difficult to prove employment discrimination, limiting the financial liability of lawsuit defendants and requiring losing parties to pay the winner's legal fees.
In an exceedingly rare move, the Missouri Supreme Court on Jan. 4 accepted original jurisdiction in a lawsuit challenging the validity of new state Senate districts that were recently drawn by a panel of state appellate judges. Columbia attorney David Brown took the unusual step of asking the high court to allow the case to bypass the trial level, typically a mandatory first step for any lawsuit, because the candidate filing period for the 2012 elections begins Feb. 28, thus requiring a prompt resolution to the case. The Supreme Court will hear arguments in the case on Jan. 12.
The Appellate Reapportionment Commission, which consisted of six members of the Missouri Court of Appeals selected for the job by the Supreme Court, submitted redistricting plans for both the Senate and House of Representatives on Nov. 30. After being harshly criticized for ignoring the Missouri Constitution's general prohibition against splitting counties among Senate districts, the commission on Dec. 9 rescinded its original Senate redistricting plan and replaced it with a new one that corrected some -- but not all -- of the unconstitutional county splits.
The lawsuit, which names a Lafayette County woman as the plaintiff, alleges that the second map should be invalidated because the commission had no constitutional authority to submit it and that the first map should be invalidated because of its unconstitutional county splits. The plaintiff asks that the existing Senate districts, which were created in 2001 and were to be replaced to reflect population shifts under the 2010 U.S. Census, instead be used for the 2012 election cycle. The commission House redistricting plan, which is also slated to be used for this year's elections, is not being challenged.
The Senate is expediting legislation that would put Missouri in compliance with federal mandates on commercial trucking regulations and drunken driving sentences in order to avoid the potential loss of millions of dollars in federal highway construction funds. The deadline for compliance on the trucking regulations is Jan. 30, but the state likely will escape penalty so long as it resolves the issue in the near future.
The Senate Transportation Committee on Jan. 11 took the uncommon step of hearing the federal mandate legislation, SB 443, and voting on the same day to forward it to the full Senate for debate. The bill would modify the state laws that requiring commercial truck drivers to have medical clearance in order to work. Failure to do so potentially could cost Missouri $30 million in federal transportation funding in the first year of noncompliance and $60 million in the second year.
SB 443 also would lengthen the license suspension period for drunken drivers from 30 days to 45 days and other related changes. Missouri is already out of compliance on that issue and isn't losing any funding as a result. However, about $20 million in federal transportation funds are being redirected from construction to highway safety improvements until the federal mandate is met.
In delivering his fourth State of the State address, Governor Jay Nixon on Jan. 17 proposed $500 million in spending cuts in order to balance a $22.98 billion state operating budget for the 2013 fiscal year without a tax increase. Nixon, a Democrat, also outlined his policy priorities for the 2012 legislative session, which include protecting worker rights, reforming charter schools, reinstating campaign contribution limits and a job creation package that emphasizes revitalizing the automotive industry in Missouri.
Although the governor's proposed budget for the fiscal year beginning July 1 would increase basic state funding for local public schools by $5 million to more than $3 billion, it also calls for cutting higher education spending by $105.9 million. It would be the third consecutive year that state funding of public colleges and universities would be reduced. Nixon's budget balancing plan also calls for saving $191.7 million through efficiencies in the state's Medicaid program, with no changes in eligibility or covered services.
In addition, the governor called for eliminating another 800 state jobs, bringing the total number of positions cut from the state workforce since he took office in 2009 to more than 4,100 and resulting in the smallest number of total state employees in 15 years. To provide additional state revenue collections in the future, Nixon also asked lawmakers to eliminate some the tax credits programs that are siphoning about $700 million a year from the budget. Although the Senate last year made tax credit reform a priority, Republican leaders in the House of Representatives refused to go along. As a result, it is unlikely lawmakers will actively pursue reform efforts this year.
The House of Representatives voted 105-54 in favor of a proposed constitutional amendment that would place new restrictions on the General Assembly's ability to increase state spending. HJR 43, the first legislation the House has debated this year, advanced to the Senate on a near-party-line vote, with majority Republicans in favor and minority Democrats opposed.
The measure is a top priority of House Speaker Steve Tilley, R-Perryville, who said it would end the "boom and bust" cycles in the state budget. House Democrats agreed but said it would leave Missouri in a perpetual state of "bust." After a decade of deep state budget cuts, opponents said the measure would prevent the state from being able to reverse those cuts in the future.
HJR 43 would cap annual spending at the rate of inflation plus population growth and 1.5 percent and require any excess revenue collections in a given year to be held in reserve. If also approved by the Senate, the measure would go on the November ballot for voter ratification.
The House Elections Committee on Jan. 24 voted 7-3 in favor of legislation that seeks to require voters to show government-issued photo identification at their polling place in order to cast a ballot. At present, however, the General Assembly lacks the constitutional authority to impose such a requirement. Governor Jay Nixon, a Democrat, vetoed similar legislation last year and is expected to do so again should the latest version, HB 1104, be sent to his desk.
The Republican-controlled legislature enacted a photo voter ID law in 2006, but the Missouri Supreme Court ruled that lawmakers cannot impose restrictions on voting rights other than those specifically listed in the state constitution. The General Assembly in 2011 approved a proposed constitutional amendment that would authorize the imposition of a photo voter ID requirement, but it doesn't go on the statewide ballot until November.
Supporters say the photo voter ID requirement would prevent voter fraud, but Missouri has never had a documented case of voter impersonation at the polls - the only type of fraud such a requirement could prevent. Opponents assert that photo voter ID is just a thinly disguised effort to disenfranchise poor, disabled and elderly voters, since they are the least likely to have a photo ID and tend to vote for Democrats. The Missouri Secretary of State's Office estimates that about 250,000 registered Missouri voters don't have a government-issued photo ID.
A lobbyist for Missouri's casinos told the House Veterans Committee on Jan. 24 that the industry will oppose bipartisan legislation to increase casino entrance fees by $1 per person and earmark the estimated $50 million a year in new revenue for the state's veterans homes. Governor Jay Nixon recently proposed the fee hike to shore up the Veterans Trust Fund, which is on the verge of being used up by mid-2013.
The current casino entrance fee, which is paid by casino operators, is $2, with half going to the state and half going to the local community in which the casino is located. All of the state's share used to be earmarked for veterans programs until the late 1990's, when most of it was redirected toward early childhood education programs. Over time, the $6.5 million a year from the existing fee that still goes into the Veterans Trust Fund has proven insufficient to keep up with the costs of veterans services.
The Legislative Black Caucus today vowed to vigorously fight all attempts to weaken the Missouri Human Rights Act and reverse decades of civil rights progress. At issue is legislation that seeks to bar the courthouse doors to many legitimate claims of employment discrimination and further protect wrongdoers by limiting damage awards in those cases that still manage to clear the proposed new legal hurdles.
"The Missouri Human Rights Act is neither onerous nor complex," said Legislative Black Caucus Chairman Steve Webb, D-Florissant. "Employers who treat their workers with fairness and respect have nothing to fear. But if an employer wrongfully discriminates, the law will hold it accountable for its actions. We do not feel that expecting businesses to treat all people with dignity is asking too much of them."
The Senate began debating its version of the discrimination bill, SB 592, on Wednesday, but the Senate's only three African-American members successfully prevented it from coming to the quick vote that supporters had sought. The Senate is expected to resume debate on the bill this afternoon.
"This bill does not address the sanctity of the worker in our state," said state Senator Robin Wright-Jones, D-St. Louis. "Civil rights offices in St. Louis and Kansas City strive to eliminate, reduce and remedy discrimination in various areas of our state, including housing, employment and education. How can we say we are protecting the sanctity of the worker when legislation such as SB 592 would eliminate these offices' roles, offices that work to protect the best interest of the citizens of our state?"
During a news conference in the Capitol, the Black Caucus announced its full support of the efforts of its Senate members to block SB 592. The caucus also denounced the House version of the measure, HB 1219, which was recently approved by the House Workforce Development Committee and could be brought up by the full House for debate as early as this week.
"This legislation would be devastating to those who have been discriminated against in the workplace, and the Black Caucus is committed to fighting these bills every step of the way," said state Senator Kiki Curls, D-Kansas City.
Governor Jay Nixon vetoed similar legislation last year, and the Legislative Black Caucus is confident he will do so again if the efforts to stop the bills from clearing the Republican-controlled General Assembly fall short.
"Gutting Missouri's anti-discrimination laws would allow unscrupulous employers to do whatever they want to workers, for whatever reason they want, without fear of consequence," said state Senator Maria Chappelle-Nadal, D-University City. "Missouri must not put profit ahead of people, and this legislation must not become law."
BUDGET LOOMS LARGE AS 2012 SESSION GETS UNDERWAY
The 96th Missouri General Assembly convened its second regular session on Jan. 4 with lawmakers bracing for yet another round of deep budget cuts and Republican leaders offering more modest legislative agendas in the wake of two unproductive legislative sessions in 2011 that were derailed by disagreements between the GOP majorities in the Senate and House of Representatives. The 2012 legislative session will end on May 18.
With an estimated $550 million general revenue shortfall expected in the state operating budget for the 2013 fiscal year, which begins July 1, lawmakers must again contemplate ways to reduce spending. However, after a decade of significant cuts most, if not all, of the easy-to-eliminate items are long gone from the state budget, leaving only core state services remaining. As they have throughout the state's continuing budget troubles, legislative leaders have ruled out virtually any form of tax increase to offset cuts.
Efforts to rewrite the formula for distributing state funding to local school districts will also figure prominently, and likely generate controversy. The existing formula was enacted in 2005, but was to be phased on over seven years, instead of all at once, in order to keep the annual funding increases it called for at a manageable level. However, the formula hasn't been fully funded in recent years, a contingency it wasn't designed for. Although changing the formula is necessary to account for the insufficient funding, tinkering would inevitably result in some districts having their state funding reduced from existing levels. As a result, any proposed solution that doesn't involve increasing formula funding - and no such increase is expected to be forthcoming - is almost certain to prove unpalatable to some group of lawmakers.
Although lawmakers again identified job creation as a top priority, the ambitious and wide-ranging proposals that sparked disagreements between House and Senate Republicans last year have largely been set aside. Instead, GOP leaders said they would focus on legislation sought by business groups that have little direct bearing on job creation, such as making it more difficult to prove employment discrimination, limiting the financial liability of lawsuit defendants and requiring losing parties to pay the winner's legal fees.
SUPREME COURT EXPEDITES SENATE REDISTRICTING CASE
In an exceedingly rare move, the Missouri Supreme Court on Jan. 4 accepted original jurisdiction in a lawsuit challenging the validity of new state Senate districts that were recently drawn by a panel of state appellate judges. Columbia attorney David Brown took the unusual step of asking the high court to allow the case to bypass the trial level, typically a mandatory first step for any lawsuit, because the candidate filing period for the 2012 elections begins Feb. 28, thus requiring a prompt resolution to the case. The Supreme Court will hear arguments in the case on Jan. 12.
The Appellate Reapportionment Commission, which consisted of six members of the Missouri Court of Appeals selected for the job by the Supreme Court, submitted redistricting plans for both the Senate and House of Representatives on Nov. 30. After being harshly criticized for ignoring the Missouri Constitution's general prohibition against splitting counties among Senate districts, the commission on Dec. 9 rescinded its original Senate redistricting plan and replaced it with a new one that corrected some -- but not all -- of the unconstitutional county splits.
The lawsuit, which names a Lafayette County woman as the plaintiff, alleges that the second map should be invalidated because the commission had no constitutional authority to submit it and that the first map should be invalidated because of its unconstitutional county splits. The plaintiff asks that the existing Senate districts, which were created in 2001 and were to be replaced to reflect population shifts under the 2010 U.S. Census, instead be used for the 2012 election cycle. The commission House redistricting plan, which is also slated to be used for this year's elections, is not being challenged.
SENATE PUSHING BILL TO PREVENT LOSS OF HIGHWAY FUNDS
The Senate is expediting legislation that would put Missouri in compliance with federal mandates on commercial trucking regulations and drunken driving sentences in order to avoid the potential loss of millions of dollars in federal highway construction funds. The deadline for compliance on the trucking regulations is Jan. 30, but the state likely will escape penalty so long as it resolves the issue in the near future.
The Senate Transportation Committee on Jan. 11 took the uncommon step of hearing the federal mandate legislation, SB 443, and voting on the same day to forward it to the full Senate for debate. The bill would modify the state laws that requiring commercial truck drivers to have medical clearance in order to work. Failure to do so potentially could cost Missouri $30 million in federal transportation funding in the first year of noncompliance and $60 million in the second year.
SB 443 also would lengthen the license suspension period for drunken drivers from 30 days to 45 days and other related changes. Missouri is already out of compliance on that issue and isn't losing any funding as a result. However, about $20 million in federal transportation funds are being redirected from construction to highway safety improvements until the federal mandate is met.
NIXON PROPOSES HALF-BILLION IN STATE BUDGET CUTS
In delivering his fourth State of the State address, Governor Jay Nixon on Jan. 17 proposed $500 million in spending cuts in order to balance a $22.98 billion state operating budget for the 2013 fiscal year without a tax increase. Nixon, a Democrat, also outlined his policy priorities for the 2012 legislative session, which include protecting worker rights, reforming charter schools, reinstating campaign contribution limits and a job creation package that emphasizes revitalizing the automotive industry in Missouri.
Although the governor's proposed budget for the fiscal year beginning July 1 would increase basic state funding for local public schools by $5 million to more than $3 billion, it also calls for cutting higher education spending by $105.9 million. It would be the third consecutive year that state funding of public colleges and universities would be reduced. Nixon's budget balancing plan also calls for saving $191.7 million through efficiencies in the state's Medicaid program, with no changes in eligibility or covered services.
In addition, the governor called for eliminating another 800 state jobs, bringing the total number of positions cut from the state workforce since he took office in 2009 to more than 4,100 and resulting in the smallest number of total state employees in 15 years. To provide additional state revenue collections in the future, Nixon also asked lawmakers to eliminate some the tax credits programs that are siphoning about $700 million a year from the budget. Although the Senate last year made tax credit reform a priority, Republican leaders in the House of Representatives refused to go along. As a result, it is unlikely lawmakers will actively pursue reform efforts this year.
HOUSE PASSES AMENDMENT TO FURTHER LIMIT SPENDING
The House of Representatives voted 105-54 in favor of a proposed constitutional amendment that would place new restrictions on the General Assembly's ability to increase state spending. HJR 43, the first legislation the House has debated this year, advanced to the Senate on a near-party-line vote, with majority Republicans in favor and minority Democrats opposed.
The measure is a top priority of House Speaker Steve Tilley, R-Perryville, who said it would end the "boom and bust" cycles in the state budget. House Democrats agreed but said it would leave Missouri in a perpetual state of "bust." After a decade of deep state budget cuts, opponents said the measure would prevent the state from being able to reverse those cuts in the future.
HJR 43 would cap annual spending at the rate of inflation plus population growth and 1.5 percent and require any excess revenue collections in a given year to be held in reserve. If also approved by the Senate, the measure would go on the November ballot for voter ratification.
HOUSE COMMITTEE ADVANCES PHOTO VOTER ID BILL
The House Elections Committee on Jan. 24 voted 7-3 in favor of legislation that seeks to require voters to show government-issued photo identification at their polling place in order to cast a ballot. At present, however, the General Assembly lacks the constitutional authority to impose such a requirement. Governor Jay Nixon, a Democrat, vetoed similar legislation last year and is expected to do so again should the latest version, HB 1104, be sent to his desk.
The Republican-controlled legislature enacted a photo voter ID law in 2006, but the Missouri Supreme Court ruled that lawmakers cannot impose restrictions on voting rights other than those specifically listed in the state constitution. The General Assembly in 2011 approved a proposed constitutional amendment that would authorize the imposition of a photo voter ID requirement, but it doesn't go on the statewide ballot until November.
Supporters say the photo voter ID requirement would prevent voter fraud, but Missouri has never had a documented case of voter impersonation at the polls - the only type of fraud such a requirement could prevent. Opponents assert that photo voter ID is just a thinly disguised effort to disenfranchise poor, disabled and elderly voters, since they are the least likely to have a photo ID and tend to vote for Democrats. The Missouri Secretary of State's Office estimates that about 250,000 registered Missouri voters don't have a government-issued photo ID.
GAMBLING INDUSTRY OPPOSES FEE HIKE FOR VETERANS
A lobbyist for Missouri's casinos told the House Veterans Committee on Jan. 24 that the industry will oppose bipartisan legislation to increase casino entrance fees by $1 per person and earmark the estimated $50 million a year in new revenue for the state's veterans homes. Governor Jay Nixon recently proposed the fee hike to shore up the Veterans Trust Fund, which is on the verge of being used up by mid-2013.
The current casino entrance fee, which is paid by casino operators, is $2, with half going to the state and half going to the local community in which the casino is located. All of the state's share used to be earmarked for veterans programs until the late 1990's, when most of it was redirected toward early childhood education programs. Over time, the $6.5 million a year from the existing fee that still goes into the Veterans Trust Fund has proven insufficient to keep up with the costs of veterans services.
BLACK CAUCUS VOWS TO FIGHT EFFORTS TO GUT ANTI-DISCRIMINATION LAWS
Bills advancing in General Assembly would weaken Missouri Human Rights ActThe Legislative Black Caucus today vowed to vigorously fight all attempts to weaken the Missouri Human Rights Act and reverse decades of civil rights progress. At issue is legislation that seeks to bar the courthouse doors to many legitimate claims of employment discrimination and further protect wrongdoers by limiting damage awards in those cases that still manage to clear the proposed new legal hurdles.
"The Missouri Human Rights Act is neither onerous nor complex," said Legislative Black Caucus Chairman Steve Webb, D-Florissant. "Employers who treat their workers with fairness and respect have nothing to fear. But if an employer wrongfully discriminates, the law will hold it accountable for its actions. We do not feel that expecting businesses to treat all people with dignity is asking too much of them."
The Senate began debating its version of the discrimination bill, SB 592, on Wednesday, but the Senate's only three African-American members successfully prevented it from coming to the quick vote that supporters had sought. The Senate is expected to resume debate on the bill this afternoon.
"This bill does not address the sanctity of the worker in our state," said state Senator Robin Wright-Jones, D-St. Louis. "Civil rights offices in St. Louis and Kansas City strive to eliminate, reduce and remedy discrimination in various areas of our state, including housing, employment and education. How can we say we are protecting the sanctity of the worker when legislation such as SB 592 would eliminate these offices' roles, offices that work to protect the best interest of the citizens of our state?"
During a news conference in the Capitol, the Black Caucus announced its full support of the efforts of its Senate members to block SB 592. The caucus also denounced the House version of the measure, HB 1219, which was recently approved by the House Workforce Development Committee and could be brought up by the full House for debate as early as this week.
"This legislation would be devastating to those who have been discriminated against in the workplace, and the Black Caucus is committed to fighting these bills every step of the way," said state Senator Kiki Curls, D-Kansas City.
Governor Jay Nixon vetoed similar legislation last year, and the Legislative Black Caucus is confident he will do so again if the efforts to stop the bills from clearing the Republican-controlled General Assembly fall short.
"Gutting Missouri's anti-discrimination laws would allow unscrupulous employers to do whatever they want to workers, for whatever reason they want, without fear of consequence," said state Senator Maria Chappelle-Nadal, D-University City. "Missouri must not put profit ahead of people, and this legislation must not become law."
14 February 2012
Mayer: Senate Leader Names Special Committee to Find Savings in Social Service Programs
Panel Created to Examine Costs of Social Service Programs
JEFFERSON CITY – Missouri Senate Leader Robert N. Mayer, R-Dexter, today named five senators to serve on the Special Senate Committee on Social Service Program Savings. The committee is charged with conducting hearings in order to examine past and anticipated changes in the participation and cost of each social service program offered in Missouri.
“Missouri is facing an on-going budget crisis,” said Mayer. “As we have fewer dollars to fund our priority of education, as well as the critical functions of government, it becomes even more important that we find ways to counteract the hundreds of millions of dollars in annual mandatory increases embedded in our social service programs. We should examine ways we can provide better care and save lives, while also saving money.”
Mayer named Sen. Rob Schaaf, R-St. Joseph, to serve as chairman.
“The severity of our current budget crisis demands that all solutions be considered, including options such as federal block granting, which has never been considered in our state,” said Schaaf. “We will meet our fiduciary duty to the state by looking at these options and reporting our findings.”
Others senators named include Sen. Kevin Engler, R-Farmington; Sen. Brad Lager, R-Savannah; Sen. Joe Keaveny, D-St. Louis; and Sen. Shalonn “Kiki” Curls, D-Kansas City.
The committee will meet weekly in hopes of submitting an initial report of recommended actions before March 1, the last day to introduce bills in the Senate. The committee will continue its work after that date until a final report of findings is submitted to the Senate.
Future committee hearing information will be posted on the Senate hearing schedule on the Missouri Senate website (www.senate.mo.gov).
JEFFERSON CITY – Missouri Senate Leader Robert N. Mayer, R-Dexter, today named five senators to serve on the Special Senate Committee on Social Service Program Savings. The committee is charged with conducting hearings in order to examine past and anticipated changes in the participation and cost of each social service program offered in Missouri.
“Missouri is facing an on-going budget crisis,” said Mayer. “As we have fewer dollars to fund our priority of education, as well as the critical functions of government, it becomes even more important that we find ways to counteract the hundreds of millions of dollars in annual mandatory increases embedded in our social service programs. We should examine ways we can provide better care and save lives, while also saving money.”
Mayer named Sen. Rob Schaaf, R-St. Joseph, to serve as chairman.
“The severity of our current budget crisis demands that all solutions be considered, including options such as federal block granting, which has never been considered in our state,” said Schaaf. “We will meet our fiduciary duty to the state by looking at these options and reporting our findings.”
Others senators named include Sen. Kevin Engler, R-Farmington; Sen. Brad Lager, R-Savannah; Sen. Joe Keaveny, D-St. Louis; and Sen. Shalonn “Kiki” Curls, D-Kansas City.
The committee will meet weekly in hopes of submitting an initial report of recommended actions before March 1, the last day to introduce bills in the Senate. The committee will continue its work after that date until a final report of findings is submitted to the Senate.
Future committee hearing information will be posted on the Senate hearing schedule on the Missouri Senate website (www.senate.mo.gov).
Oxford: States with "High Rate" Income Taxes Are Outperforming No-Tax States
As the Missouri General Assembly continues to debate proposals to eliminate personal income tax and as petition initiatives are circulated that would have this effect, the following reports may be helpful to you. Mr. Laffer has testified at hearings in Missouri and spoken at various public events, so we are apt to encounter him again. And certainly the claim is made on almost a daily bases on the House floor that low taxes are the key to economic growth – despite evidence to the contrary.
Many states are considering cutting or repealing personal income taxes (or not raising them) under the assumption that high tax rates harm economic growth. Recently, one of the most visible proponents of this idea in the states has been Arthur Laffer. The Institute on Taxation and Economic Policy (ITEP) has just released a pair of new reports that rebut Laffer’s claims, and show that states with “high rate” personal income taxes are actually outperforming non-income tax states.
The first report is titled “’High Rate’ Income Tax States Are Outperforming No-Tax States”. It shows that the nine states with the highest top marginal tax rates are outperforming the nine states without income taxes, both in terms of growth in economic output per person and changes in median income levels. Moreover, unemployment rates across both types of states have been virtually identical. The report also explains why Laffer’s analysis, which claims to show higher growth in no-tax states, is seriously flawed in its failure to account for huge regional population trends and the natural resource advantages enjoyed by many no-tax states. http://www.itepnet.org/pdf/junkeconomics.pdf
The second report is titled “Athur Laffer Regression Analysis is Fundamentally Flawed, Offers No Support for Economic Growth Claims”. This report explains the problems with a regression analysis created by Laffer attempting to show how much economic growth would result from cutting or eliminating state income taxes. In Oklahoma, for example, Laffer claims that income tax repeal would double the rate of personal income growth and state GDP growth, and would create 312,000 jobs. But Laffer’s results are driven largely by his inaccurate measure of state tax rates. And the regression also fails to account for a huge number of more important factors that contribute to state economic growth. http://www.itepnet.org/pdf/LafferRegression.pdf
Many states are considering cutting or repealing personal income taxes (or not raising them) under the assumption that high tax rates harm economic growth. Recently, one of the most visible proponents of this idea in the states has been Arthur Laffer. The Institute on Taxation and Economic Policy (ITEP) has just released a pair of new reports that rebut Laffer’s claims, and show that states with “high rate” personal income taxes are actually outperforming non-income tax states.
The first report is titled “’High Rate’ Income Tax States Are Outperforming No-Tax States”. It shows that the nine states with the highest top marginal tax rates are outperforming the nine states without income taxes, both in terms of growth in economic output per person and changes in median income levels. Moreover, unemployment rates across both types of states have been virtually identical. The report also explains why Laffer’s analysis, which claims to show higher growth in no-tax states, is seriously flawed in its failure to account for huge regional population trends and the natural resource advantages enjoyed by many no-tax states. http://www.itepnet.org/pdf/junkeconomics.pdf
The second report is titled “Athur Laffer Regression Analysis is Fundamentally Flawed, Offers No Support for Economic Growth Claims”. This report explains the problems with a regression analysis created by Laffer attempting to show how much economic growth would result from cutting or eliminating state income taxes. In Oklahoma, for example, Laffer claims that income tax repeal would double the rate of personal income growth and state GDP growth, and would create 312,000 jobs. But Laffer’s results are driven largely by his inaccurate measure of state tax rates. And the regression also fails to account for a huge number of more important factors that contribute to state economic growth. http://www.itepnet.org/pdf/LafferRegression.pdf
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