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Showing posts with label 95-HB1787. Show all posts
Showing posts with label 95-HB1787. Show all posts

04 May 2010

Ruestman: Castle Doctrine Expansion

Remember 2007! I was able to pass legislation [HB60] called the Castle Doctrine. This law clarifies your right to defend your home and family from a perpetrator. It also protects you from lawsuits brought forth because you injured the criminal. It did away with court rulings that gave the victim a “duty to retreat” prior to defending themselves.

This session we are looking to expand that bill. House Bill 1787 extends the same rights to your land. This effort is important to farmers and other land owners statewide. As you know, a person doesn’t have to be in their house to be the victim of a crime including violent attacks.

HB 1787 further protects our Second Amendment rights through some other means. It lowers the minimum age for a concealed carry license from 23 to 21. At age 21 Missourians have all the privileges of adulthood and we feel concealed carry should be no different.

Current law prohibits Missouri residents from purchasing firearms out-of-state. This bill would eliminate that restriction. It allows you to buy firearms outside Missouri and outside residents to buy guns here as long as you conform to federal law and the laws of both states.

The House has already passed this bill by a vote of 128 to 23. This week it is scheduled to be heard in the Senate Committee on General Laws.

If you have problems, questions or wish to express concern over an issue, please do not hesitate to contact me or my Legislator Assistant, Jonathan, at my Capitol office either by phone 573-751-9801 or by e-mail at Marilyn{dot}Ruestman{at}house{dot}mo{dot}gov.

15 April 2010

Joe Smith: House Taking Measure to Expand the Castle Doctrine to Protect Land, Missouri Citizens

Through the Castle Doctrine, we are able to protect ourselves from intruders or any person who unlawfully enters our home. This week the House passed HB 1787, sponsored by Representative Kenny Jones, R – California, which expands the law to ensure further protection to Missouri citizens.

Not only does this legislation allow the use of force when someone unlawfully enters your home, but also any private property you own or lease. This is especially important for Missouri farmers and other land owners across the state.

In addition to the castle doctrine expansion, the bill would also lower the age for the ability to obtain a conceal and carry license from 23 to age 21. At the age of 21, Missouri citizens have every right that all other adults have, and we believe that the right to conceal and carry should be no different.

The current law prohibits Missouri citizens from purchasing firearms anywhere across the state line, but HB1787 seeks to demolish that restriction. The bill allows Missouri citizens to purchase firearms in other states, and outside residents to purchase firearms in Missouri, as long as he or she conforms to the federal act and the laws of both states.

The protection of your family and your land is important – and Republicans in the House of Representatives understand that. Many of us have children and live on farms and we want to be certain that we make every effort to improve laws concerning firearm use.

08 April 2010

Gatschenberger: Town Hall Invitation, Sovereignty Measures Advance, Track Legislation

"Whenever the people are well-informed, they can be trusted with their own government." –Thomas Jefferson

Please be my guest!

What:  Town Hall Meeting
When:  Thursday, April 29th – 7:00 pm
Where:  Lake St. Louis City Hall – 200 Civic Center Drive
Why:  Attendees of my last Town Hall Meeting requested a Speaker on Cap and Trade Legislation.
(Cap and trade is a form of emissions trading used to control alleged pollution by offering economic penalties in order to achieve reductions in alleged emissions pollutants. Cap and trade would put limits on emissions from motor vehicles, coal-fired plants, and factories.)

A representative from Ameren UE will address this issue.  Also attending will be a representatives for the Department of Conservation to discuss current programs.

For questions on the content of this meeting you may contact my Capitol office at (573) 751-3572 or e-mail me at Chuck{dot}Gatschenberger{at}house{dot}mo{dot}gov

Hope to see you there!

Legislative Update



HCR 39 Passes

Today, legislation that I proposed claiming Missouri's sovereignty under the Tenth Amendment to the United States Constitution… over all powers not otherwise enumerated and granted to the federal government under the United States Constitution… passed out of the House and on to the Senate for approval.  One more step in the right direction!

2nd Amendment Rights

House Bill 1787 was passed by the House. (This bill is similar to my HB 1206) This legislation expands and defends our Second Amendment rights.  If this bill becomes law, the age to obtain a concealed carry permit will be reduced from 23 years old to 21 (which is law in most states).  The Castle Doctrine is also expanded to include property that you lease, so if you are renting your residence and someone breaks in you are legally able to use deadly force to defend yourself and your loved ones.  During floor debate, an important amendment was added to the bill to protect gun owners.  Currently, if you are drinking in your home and have a gun in a safe upstairs you could be charged with unlawful possession of a firearm if you are intoxicated, in your own home! This amendment fixes this loophole and allows you to keep firearms in your home and not be committing a crime if you have a glass of wine or beer.  I am proud to continue to support our Second Amendment rights.

Rebooting Government (ctrl-alt-del) – State Spending

A historic downturn in the economy has exposed many of our government programs as bloated and inefficient in many ways, and we will not right this ship by continuing with the status quo. It is well past time that we think differently about the function we want government to take in our lives.

The Senate took an extraordinary step toward your concerns and desires during a special "Rebooting Government" event on March 24.  They solicited citizen ideas on how government can cut back, and then they took an entire day to split into committees and determine which suggestions were viable and how we might begin to implement them.

Total Taxpayer Savings Identified: $689.3 MILLION to $789.4 MILLION!

You can view the full report, or continue to submit your suggestions, by clicking on the "Rebooting Government" icon located on the Missouri Senate homepage… www.senate.mo.gov

As we move into the future, I will continue to advocate the reduction of government and taxes and the protection of taxpayer dollars.  By reigning in spending and being smart with your money, we can bring about the economic recovery we need, and establish a better government for tomorrow.

Want to Track Legislation?

Go to:  www.house.mo.gov/billcentral.aspx?pid=26  where you can search by bill number; keyword; sponsor or co-sponsor.


House and Senate Joint Bill Tracking
Bill Number / Keyword / Sponsor-CoSponsor (Help)
Search:   Enter Bill Number (ex:  HB1206), keyword , sponsor, or co-sponsor last name and click "search" tab
Year / Type:
Search Type:
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"When a man assumes a public trust he should consider himself a public property." –Thomas Jefferson

STAY IN TOUCH

As always, please let me know your thoughts about these or other matters of concern by calling my office at: (573) 751-3572 or by emailing me at chuck{dot}gatschenberger{at}house{dot}mo{dot}gov

REAL FACTS

Socialism:

the main problem with it… is that sooner or later you run out of other people's money!


FUN FACTS



Pawpaws bloom this month.

American toads begin calling.

Honeybees swarm.

April 15th is the average day of the last frost in Central Missouri… now plant something!

04 April 2010

Schupp: McCaskill visits Freshmen Dems' Caucus, House Action, Federal Healthcare Primer

It has been another intense week: "third reading and perfecting" a wide range of legislative ideas and proposals on the House floor.  It is always important to emphasize that votes taken at this point allow legislation to move forward but do not guarantee eventual passage.  Senate and House chambers exchange internally-passed legislation and any differences will be dealt with before a bill is finally passed and sent to the Governor's desk for signature or veto.   Continue to watch any legislation about which you are particularly passionate, including budget priorities, and continue your advocacy as these bills move through the process.

The minority caucus was fortunate to have had a personal visit from Senator Claire McCaskill this week so that she could walk us through the Federal Health Care Reform Legislation and provide some insight as to what to expect.  Whether you are a senior citizen or someone in your late twenties, a business owner or employee, you will find specifics that might be of interest to you, and we will also provide some web information to help you get questions answered.

As you might have read, March 30 was the filing deadline for a candidate to enter the race for State Representative, Senator and the Statewide offices that will be on the November 2010 ballot.  Aside from me, no one has filed to run for the 82nd District State Representative seat. With the possible exception of a write-in candidate, I am unopposed in the upcoming November election. I am grateful to be able to focus my time and energy on ensuring that we are well represented in the house going forward.  I am committed to working hard to hear your voices and make thoughtful decisions.

Please remember to vote this Tuesday, April 6.

Thank you for the opportunity to serve.

Truly,

Jill

Attention:  Registered Voters!

Remember to vote this Tuesday, April 6!

The ballot will include school board and city council elections, local issues and the proposed Metro sales tax (Prop A.)  For more information, visit the St. Louis County Election Board's Website.

This week on the House floor

HOUSE VOTES TO LOWER AGE FOR CONCEAL-CARRY PERMIT, EXPAND CASTLE LAW

The Missouri House gave first round approval to a bill lowering the legal age for obtaining a permit to carry a concealed weapon from 23 to 21.  While college campuses weren't included in the legislation, most students receiving a four year degree remain on campus through age 22.  This legislation does not allow concealed weapons in areas, such as college campuses, which prohibit weapons.

HB 1787 would also employees of the General Assembly who hold such a permit to carry their weapons in the Missouri Capitol, a privilege already extended to lawmakers.  Somehow, this doesn't make me feel safer.
 
The measure would also expand the state's so-called Castle doctrine, which authorizes people to use deadly force against an intruder to their property or vehicle. The bill would clarify that the doctrine also applies to occupants of rental property. Furthermore, HB 1787 would disqualify a person convicted of misdemeanor domestic violence from obtaining a conceal-carry permit.

HORSE SLAUGHTER BILL PASSES, EVEN WITH FIERCE OPPOSITION

No April Fool's Day joke, members of the the Missouri House of Representatives voted 91-61 on April 1, even after receiving literally hundreds of letters in opposition from around the country and beyond, to approve legislation intended to allow horse slaughter facilities in our state. The measure passed despite concern over its effect on putting into place other legislation dealing with humane treatment of animals, as well as opposition to a provision that rice growers fear could invalidate an existing law prohibiting the growing of genetically modified rice.

The main provision of HB 1747 attempts to circumvent a de facto federal ban on slaughtering horses for human consumption. Congress has created this "ban" by pulling funding from the U.S. Department of Agriculture that would have allowed facility inspections. Without inspections, those facilities have been forced to close.

This new legislation would impose fees on horse processors that would cover the costs of state inspections. The main focus of this legislation is to allow horse meat to be processed in Missouri slaughterhouses for sale to foreign markets.

When reading further into the legislation, specifically under section 265.754,  Section 1. 1, it is written that,... "Agriculture which provides food, energy, and security is the foundation and stabilizing force of Missouri's economy. To protect this vital sector of Missouri's economy, it shall be the right of citizens to raise domesticated animals in a humane manner without the state imposing an undue economic burden on animal owners. No state law criminalizing or otherwise regulating crops or the welfare of any domesticated animals shall be valid unless based upon the most current industry standards and generally accepted scientific principles and enacted by the general assembly."...(emphasis mine)

The question this raises is whether this legislation is an attempt to work against an initiative petition that regulates dog breeding or "puppy mill operations" that is now in circulation.  Rice producers believe this legislation might serve to overturn some regulations about genetically modified rice that they currently favor.

HOUSE MEMBERS BARK AT IDEA OF MISSOURI HISTORICAL DOG

Missouri lawmakers voted against legislation [HB1271] that would have honored Seaman, a dog who was made famous for having accompanied Lewis and Clark on their survey of the upper Louisiana Territory more than 200 years ago, as the official state historical dog.
 
Missouri currently has 26 official state symbols, including a state invertebrate (crayfish), a state dinosaur (hysibema missouriense) and a state tree nut (eastern black walnut).  This year, some lawmakers argued that the legislature needs to focus its attention on the state budget and job creation.

Committee News

Tax Reform

HB 2373 (Funderburk): As defined in the bill summary, "This bill allows any political subdivision that approved a tax increase after August 27, 2008, to levy a rate to collect substantially the same amount of tax revenue as would have been collected by applying the voter-approved increased tax rate ceiling to the total assessed valuation of the political subdivision on or before the election date, increased by the percentage increase in the federal Consumer Price Index; however, the rate cannot exceed the greater of the most recent
voter-approved rate or the most recent voter-approved adjusted rate."

Federal Healthcare Legislation

The Patient Protection and Affordable Care Act

The information below was presented by Senator Claire McCaskill at our caucus meeting in the Missouri Capitol.

Some Immediate Benefits...Reforms that will occur this year:

  1. Children with pre-existing conditions will no longer be denied health insurance coverage.
  2. Plans will be required to provide preventive care without co-payments and deductibles. Beginning January 1, 2011, Medicare will be required to do the same.
  3. Young adults will be allowed to stay on their parents' insurance through the age of 26.
  4. Adults with a pre-existing condition will have access to more affordable insurance through a temporary subsidized high risk pool.
  5. For Medicare recipients, the threshold to enter the "donut hole" will be raised by $500.
  6. In 2010, for those Medicare recipients who hit the "donut hole," there will be a $250 rebate for their prescription drug coverage.
  7. Small businesses choosing to offer coverage will receive tax credits of up to 35% of premiums to help make employee coverage more affordable (when average salaries are less than $50,000 per year).
  8. Restrictive annual limits and lifetime caps on coverage are banned.
As you are, I am still reading about this historic legislation and trying to understand how it will impact all of us.  Please follow the links and look on sites listed below for more detailed information and analysis.  Wishing you the best of health.

Below are links to some fact sheets from the White House detailing the reforms in more depth:

Health Reform for American Families

Health Reform for Children

Health Reform for Young Adults

Health Reform for Early Retirees

Health Reform for Seniors

Health Reform for Women

Health Reform for Small Businesses

Constituent Spotlight

The Kinnison Family visits the Capitol


Rep. Schupp had a visit from the Kinnison Family on Thursday:
(Left to right) Ben, Lily, Rep Schupp, Matt and Mom Colleen


Resources for a Cure

Gateway to Hope; Cleaning for a Reason serve women with cancer

Gateway to Hope arranges comprehensive treatment for uninsured and underinsured individuals in Missouri diagnosed with breast cancer, as well as those genetically at high risk for the disease, who are not eligible for state or federally funded care. Services and equipment are donated, as is care by experienced breast care specialists, to treat patients in critical need of assistance.

For more information, contact (314) 569-1113, email GTH at info{at}gthstl{dot}org or visit www.gthstl.org.

Cleaning for a Reason is an organization committed to helping women with cancer clean their homes for FREE.  Cleaning for a Reason partners with certain cleaning services in your area and offers to clean your home once a month for four months.  If you or someone you know is being treated for cancer, you can visit the Cleaning for a Reason Website for more information about the application process.

For those celebrating Holidays including Passover and Easter

We wish you and your family the best as you celebrate together!

01 April 2010

Tim Jones: Protecting Life, Second Amendment Rights, Repealing Expired Statutes

The Midwest breathed in deeply and shook off the shackles of winter this week as temperatures slowly rose, grass greened, flowers mightily pushed through the thawed ground and signs of Spring appeared throughout Missouri bringing a touch of wanted  and welcome color, washing away the browns and grays of a long, long winter season.  Here in the Capitol we entered the last seven weeks of Session, taking a deep breath and a momentary pause before the final marathon sprint to the finish.  As the Senate took up the mantle of examining and making further necessary budget cuts, the House kept a solid, strong legislative pace this week, working through Perfection, Consent and Third Read Calendars as we continue to pass legislation that promotes good public policy for all Missourians…

"Among the natural rights of the colonists are these: First a right to life, secondly to liberty, and thirdly to property; together with the right to defend them in the best manner they can."–Samuel Adams

Protecting Life

Since joining the Missouri House of Representatives, I have been dedicated to protecting life. That is why, this week, a week that I recognize as Holy Week, I was proud to stand on the House Floor and support House Bill 2000, a common-sense bill with two major provisions relating to abortion: informed consent and coercion protection.  Deciding whether or not to have an abortion is difficult and when considering their options, women should have the resources necessary to make an informed decision.  Unfortunately, studies have shown that as few as twenty-five percent of women feel they have received adequate counseling before deciding to have an abortion.  To ensure that women have the resources they need, this bill requires that medical professionals provide women with information about the abortion procedure, alternatives to abortion, and also provide these women with the opportunity to view an ultrasound.

We also believe that women should be able to make this important decision without, among other things, threats, harassment, and violence.  Unfortunately, sixty-four percent of women who had an abortion felt pressured by others to have the procedure.  House Bill 2000 makes the act of coercing a pregnant woman to obtain an abortion a crime. We believe that women should be protected from violent behavior when making this decision and House Bill 2000 will ensure that women are safe.

Unplanned pregnancy is an extremely difficult situation.  With the passage of House Bill 2000, we are one step closer to ensuring that, when considering whether or not to have an abortion, women are protected from the fear of threats, stalking and harassment and will have the information they deserve to make an informed decision.

2nd Amendment Rights

House Bill 1787 was also passed by the House this week.  This legislation expands and defends our Second Amendment rights.   If this bill becomes law, the age to obtain a concealed carry permit will be reduced from 23 years old to 21 (which is law in most states).  The Castle Doctrine is also expanded to include property that you lease, so if you are renting your residence and someone breaks in you are legally able to use deadly force to defend yourself and your loved ones.  During floor debate, an important amendment was added to the bill to protect gun owners.  Currently, if you are drinking in your home and have a gun in a safe upstairs you could be charged with unlawful possession of a firearm if you are intoxicated, in your own home! This amendment fixes this loophole and allows you to keep firearms in your home and not be committing a crime if you have a glass of wine or beer.  I am proud to continue to support our Second Amendment rights.

Consent Bills

This week the Missouri House took up and passed several consent bills.  Consent bills are legislation that is non-controversial in nature, and does not have a penalty provision or a fee increase.  Much of the time these bills are legislation that names highways or allows land transfers.  Consent legislation can also be used to define different words or phrases in statute to make the interpretation of our laws easier.   We passed over fifty of these bills this week during two long sessions that ran late into the night.

Repealing Expired Statutes: a GREAT Good Government Bill!

The Missouri House passed HB 1516 this week, which repeals expired statutes.  This is no April Fool's Day joke!  The point of this legislation is to clean up the statutes of the state of Missouri relating to the expiration of many laws that are no longer relevant.  This bill is an act of good government that seeks to clean up our statutes and reduce the size of our statute books.  Instead of constantly adding more laws and regulations, this bill allowed us to eliminate expired laws so there is no longer any confusion of their validity to the people.

HEALTH CARE FREEDOM ACT UPDATE

As many of you know, I am the chief sponsor of HJR 57, the "Health Care Freedom Act". As I have discussed, if it is passed and approved by the voters, it will secure the current rights and freedoms that Missouri citizens have to choose to participate in whatever health care system or health care that they want.  As we have seen, the disastrous aftermath of the passage of ObamaCare continues to dominate our headlines and continues to show us how truly flawed the federal legislation is.  HJR 57 was "third read and passed" out of the House several weeks ago by a vote of 109-46.  The bill is now pending in the State Senate and the Senate is also debating their version of the Health Care Freedom Act (SJR 25).  You may view the legislation at this link:  http://house.mo.gov/content.aspx?info=/bills101/bills/HJR57.htm Thank you all very much for your continued support of this very important proposed constitutional amendment, and I will continue to keep you posted on its progress!

Missouri Tax Freedom Day:  April 4!

Tax Freedom Day – the date on which Americans will have worked long enough to have earned enough money to pay this year's tax obligations at the federal, state and local levels – will fall on Sunday, April 4, 2010 for residents of Missouri. The date for all Americans will be Friday, April 9, 2010.  I submit that the reason Missouri Tax Freedom Day comes sooner than the national average is because Missouri's Republican General Assembly has been extremely and wisely frugal with our State's budget for the past eight years while still ensuring that Missourians receive all essential services that Government should provide.  Unlike our Federal Government which continues to print money and mortgage our future to China and India, Missouri continues to have an efficient balanced budget each and every year.

Tax Freedom Day answers the basic question, "What price is the nation paying for government?" An official government figure for total tax collections is divided by the nation's total income. The answer this year is that taxes will amount to 26.89 percent of our income, and the stretch of 99 days from January 1 to April 9 is 26.89 percent of the year. Overall, Americans will pay more taxes in 2010 than they will spend on food, clothing and shelter combined.  I submit the authors of the Constitution would find this unconscionable!

SIX FLAGS ST. LOUIS IN EUREKA IS HIRING!!

I am very excited to report that Six Flags St. Louis, which is located in the heart of the 89th District, is hiring more than 3,000 employees to fill positions for the 2010 season which begins THIS WEEKEND on April 2nd.  Six Flags will be hosting job fairs to fill these positions on April 3, 10 and 17.  For more information, please visit:  http://www.sixflags.com/stLouis/index.aspx

Tim's Legislative Platform for 2010

So far this year I have sponsored and filed fifteen individual pieces of legislation.  I have co-sponsored numerous other bills.  To review all of the bills that I have sponsored or co-sponsored, please follow this link:  http://www.house.mo.gov/content.aspx?info=/bills101/spon/spn089.htm

Personal News & Notes

At left: Rep. Jones at the Sacred Heart Fish Fry with his dad, brother in law Marc and good friend Mark Fischer.

As I mentioned above and as many of you are fully aware, Christians around the world are celebrating Holy Week this week.  Many of my Jewish friends are also celebrating the great feast of Passover during this time as well.  This week encompasses the "high holy days" for the Christian and Jewish faith and I am looking forward to heading home today, Maundy Thursday, and celebrating Holy Thursday mass tonight, Good Friday services tomorrow (along with the last Sacred Heart Fish Fry of Lent!) and the Saturday Easter Vigil with my family, friends and neighbors.  Sunday will bring the glorious feast of Easter where Suzanne and I will dress the girls up in their Easter finest and head to Church followed by Easter Brunch with the entire clan!  For those of you who celebrated Passover, I hope you had a sacred and wonderful celebration and for those of you who will celebrate Easter, I want to wish you and your family a very happy and glorious Easter Sunday!

Visitors at the Capitol

I had many visitors at the Capitol this week including my Mom, JoAnn Jones, and good friends Eileen Tyrell, Katie and Julie Bauer, John Ryan, Tom Merriman and many other fellow parishioners from Sacred Heart (55 made the bus trip!) who made the trip to the House this week for Pro Life Day [pictured at right].  I also had the pleasure of welcoming good friend Sgt. Chad Green and Sgt. Robert Catlett of the City of Glendale Police Department.  If you are ever in or around Jeff City, please stop by!

Feel Free to Contact Us!

If my extremely dedicated (and very busy!) Legislator Assistant, Jody Williams, or I can be of any assistance throughout the year, please do not hesitate to contact us at 573.751.0562 or by email at jody{dot}williams{at}house{dot}mo{dot}gov or at tim{dot}jones{at}house{dot}mo{dot}gov.  We have had many visitors to the Capitol so far this year; if your travels find you anywhere in or around Jefferson City, please do not hesitate to stop by and visit us in Room 114!  Until our next report, I remain, in your service.