Missives From Missouri: 95-HJR88

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15 April 2010

Tim Jones: State Sovereignty, Constitutional Amendment on Amending the Constitution

Smooth sunshine flowed down upon the State Capitol this week, warming the limestone walls of the Capitol Building as thousands of visitors flocked to Jefferson City, taking advantage of the beautiful Spring weather. Inside the Chambers, the Senate diligently worked hard and late into the night hours, crafting a balanced State budget that will make its way back to the House next week as the House continued to work on late Session priorities…

"Our properties within our own territories should not be taxed or regulated by any power on earth but our own." –Thomas Jefferson

HJR 88 State Sovereignty

Over the years, the federal government has continued to grow out-of-control through wide-ranging federal programs, overreaching regulation, and costly unfunded mandates that infringe on the sovereignty of our states. As a result, many states have stood up for their rights by proposing numerous measures aimed at reasserting the state sovereignty that is provided by the Tenth Amendment of the Constitution. This week, the Missouri House passed House Joint Resolution 93 [sic], which is a proposed amendment to Missouri Constitution that reasserts the sovereignty of the State of Missouri and its citizens under the Tenth Amendment.

The powers of the federal government are clearly established in the Constitution. They include establishing currency, post offices and roads, creating federal courts, entering into treaties, declaring war, and providing for our national defense. Under the Tenth Amendment, those powers not delegated to the federal government are reserved for the states. But unfortunately, through programs like the new federal health care laws, the federal government has continued to expand beyond its constitutional authority and infringe on the rights of the states. Programs like this are not only beyond the authority of the federal government and infringe on the rights of the states, but the billions of dollars in unfunded mandates within them are devastating for state governments.

We believe it is time for the federal government to respect the authority of the states provided by the Tenth Amendment by returning to its constitutional responsibilities. With the passage of House Joint Resolution 93, we sent Congress a message that Missourians have had enough of Congress' continued neglect of the protections of the Tenth Amendment of the Constitution.

Right of a Mother to Protect her Child

The House Rules Committee passed House Bill 2081 this week. House Bill 2081 gives pregnant women the right to protect their unborn children with the use of deadly force. This problem arose after a Michigan woman found herself in a legal battle after defending herself when her boyfriend struck her in the stomach. The sponsor of the legislation, Representative Jeanie Riddle, wanted to make sure that this situation could be avoided if it were to happen in Missouri. Right now in Missouri, women are not legally allowed to use force to defend their unborn children. Hopefully, in the near future this bill will receive debate on the House floor. Women must have the right to protect not only themselves but the lives of their unborn children. I hope you will join me in support of this important bill to protect Missouri's women.

Three/Fifths Majority to Amend the Constitution

This week the Missouri House passed legislation that would require a three/fifths majority of voters to amend the Missouri Constitution. Our Constitution is an important document and it should be protected. HJR 78 requires at least a 60 percent vote in favor of the amendment for it to change the Constitution. This is higher than the simple majority vote currently required. Missouri is one of the easiest states to amend the Constitution in. This has led to over a hundred amendments being added to our Constitution since 1904 with an average vote of 53.0%. By contrast, the U.S. Constitution requires either two/thirds of both houses of Congress before being approved by the states, or two/thirds of the state legislatures to apply to Congress for a constitutional convention, which are then again sent to the states for approval. To me a simple majority is not good enough to amend the Constitution, the most important document in our state government. This document is the foundation for our system of governance and only the most important precepts should be in it. Requiring a three/fifths majority is not out of line. In the same period when Missouri had its Constitution amended by over a hundred times, the U.S. Constitution has been amended twelve times (16th to 27th Amendments). This bill is an example of good governance that protects our Constitution and ensures that future amendments to our state Constitution are supported by a super-majority of Missourians.

Early Voting and Photo ID

In our nation, one of the most basic responsibilities of government is administering the election process because few rights are as sacred as our right to vote. To ensure free and fair elections in Missouri, the Missouri House of Representatives gave initial approval to House Bill 1966 and House Joint Resolution 64 this week, important legislation that would establish procedures to allow early voting and require voters to produce photo identification before voting.

Currently, there are thirty-two states that allow early voting. But unfortunately, Missouri is not yet one of them. This legislation would create a four day early voting period for those individuals who choose to vote before Election Day. It would also establish regional voting centers to ensure broad access to the early voting process. By giving voters a wider opportunity to vote, access to the electoral process will improve and voter participation will increase.

An unfortunate reality of recent elections increased instances of voter fraud. For a country that cherishes the right to vote as much as America, this practice is troubling. This important legislation would require voters to produce a form of photo identification when voting to help reduce fraud and abuse in our elections. We believe that in this day and age, requiring photo identification to vote is a common sense requirement. To ensure that this measure does not discourage voting, we have created exemptions for the elderly, the disabled, and those unable to afford the documents necessary to obtain proper identification. With the photo identification requirement, we have established necessary safeguards to help prevent voter fraud and ensure the integrity of our elections.

For too long, Missouri's election laws have lacked many of the statutory provisions available to other states that encourage electoral participation and provide the necessary safeguards to prevent voter fraud and abuse. With the initial passage of House Bill 1966 and House Joint Resolution 64, we are one step closer to real elections reforms that will effectively promote increased participation and ensure free and fair elections.

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 this new federal entitlement 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!

Regulatory Reform Imperative in Economy-Busting Tax-and-Spend Era

Federal regulations cost a whopping $1.187 trillion last year in compliance burdens on Americans. That's the finding of a new report, Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State, from the Competitive Enterprise Institute that examines the costs imposed by federal regulations.

"Trillion-dollar deficits and regulatory costs in the trillions are both unsettling new developments for America," said report author, Clyde Wayne Crews. "It is sobering to note how both dwarf the initial $150 billion 'stimulus package' of early 2008."

The costs of federal regulations often exceed the benefits, yet receive little official scrutiny from Congress. The report urges Congress to step up and take responsibility as lawmakers to review and roll back economically harmful regulations. "Rolling back regulations would constitute the deregulatory stimulus that the U.S. economy needs," said Crews.

Among the report's findings:

3,503 new regulations took effect last year. The burden of government is heavier than ever.
How much does government cost? Government is spending $3.518 trillion of our money and imposing another $1.187 trillion dollars in the form of regulatory compliance costs.
How much of our economic output should be eaten by regulatory costs? Regulatory costs now absorb 8.3 percent of the U.S. gross domestic product.
What's the federal government's total share of the economy? Regulations + spending combined puts the federal government's share of the economy at over 30 percent.
Regulations cost more than the income tax.
New rules that cost at least $100 million increased by 13 percent between 2007 and 2008.

The report urges reforms to make the regulatory costs more transparent and accountable to the people, including annual "report cards" on regulatory costs and benefits, and congressional votes on significant agency rules before they become binding.

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 89^th District, is hiring more than 3,000 employees to fill positions for the 2010 season. Six Flags is NOW OPEN on the weekends! Six Flags will be hosting job fairs to fill these positions on April 17^th. For more information, please visit: http://www.sixflags.com/stLouis/index.aspx

Tim's Legislative Platform for 2010

I have sponsored and filed sixteen individual pieces of legislation this Session. 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

The last four weeks of Session always seem to be the most interesting and the most intense. Long days and hectic schedules become par for the course as bills fly back and forth between the Chambers and everyone looks for a good legislative vehicle to complete their priorities. I want to thank all of the great folks who support me back home as we become fully immersed in our work at the Capitol, especially my family and my colleagues at my law firm, DosterUllom. It is hard to believe that in thirty days the Session will be over and summer will be upon us!

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.

12 April 2010

Ruestman: State Sovereignty, You Decide

It was a short week due to a long Easter break which allowed us all to spend some extra time with our families. As a result, we worked extra hard on the legislation before us to get it finished. My office was very busy with a longer session schedule. We also had more visitors than usual which is always exciting. It is great to have constituents learn more about the legislative process and see their state capitol.

One of our main issues this week was that of state sovereignty. We passed House Joint Resolution 88 by a vote of 87 to 62. This measure, if passed by the Senate, will go to the voters for approval to amend our state constitution. This week I thought I’d just let you read the summary of the Resolution and let it speak for itself.

“In its main provisions, the resolution:

(1) Prohibits the executive, judicial, and legislative branches of Missouri’s government from recognizing, enforcing, or acting on any federal law, executive order, judicial or administrative ruling, collection or dispersal of revenue, or other actions by the three branches of government that exceed the limited powers enumerated in the United States Constitution and delegated to the federal government;

(2) Prohibits the executive, judicial, and legislative branches of Missouri’s government from recognizing, enforcing, or acting on federal restrictions on the right of private citizens to bear arms; federal laws legalizing or funding abortions or the destruction of human embryos; certain specified federal actions involving health care including a federal public option; federal actions requiring the sale or trade of carbon credits or the taxing on the release of carbon emissions; federal actions mandating the recognition of same sex marriages; federal actions increasing the penalty for a crime based on a perpetrator’s thoughts or designating hate crimes; federal actions regarding the Establishment Clause based on a “wall of separation” between church and state; and federal actions restricting the right of parents or guardians to home school or enroll their children in a private or parochial school or placing restrictions on the school’s curriculum;

(3) Requires Missouri courts to interpret the United States Constitution based on its language and the intent of the signers at the time of its passage. Interpretation of its amendments must be based on the intent of the congressional sponsors and co-sponsors. Non-originalist methods of interpretation that consider the constitution a “living, breathing document” and any interpretation that expands federal authority beyond the limited powers enumerated and delegated to the federal government are to be deemed to exceed the limited powers of the federal government. Missouri courts will be required to use this method of interpretation, and any court ruling inconsistent with this method will not be recognized or enforced in Missouri; and

(4) Allows Missouri citizens to have standing to bring suit to enforce the provisions of the resolution.”

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.

Kraus: Last Week's Legislation, Capitol Visitors

Last Week's Legislation

I am happy to report that my bill, HB 1691, was heard in the Senate Committee on Progress and Development and passed out of that committee on the same day with Consent Status. HB 1691 calls for the establishment of special days to promote bicycling and walking. With this bill, the days would become part of the calendar of state holidays. While it does not require a school to promote any event if school officials feel that the school environs are unsafe, it would encourage schools to promote safe passage for kids to bike or walk to school.

House Approves State Sovereignty Resolution

In legislation in the House, we gave final approval last Thursday to a proposed constitutional amendment that would assert the state's sovereignty under the Tenth Amendment to the United States Constitution over all powers not enumerated and delegated to the federal government. The House approved HJR 88 by a vote of 87-62. The measure now moves to the Senate for consideration. If approved by both chambers, it would go to Missourians for their vote.

Prohibiting State Investment in Companies with Ties to Terrorists

The House also passed HB 2357 last week, which, if signed into law, would prohibit state agencies from investing in foreign corporations that have strong business ties to terrorist countries. Currently, those countries would be Iran, Sudan, Cuba and Syria, but the legislation requires this list to be continually updated. The bill now awaits final approval in the House.

2009 Teacher of the Year

At left: Rep. Kraus presents Susanne Mitko with a House resolution congratulating her for her selection as the 2009 Missouri Teacher of the Year.

It is extremely gratifying to me to be able to recognize the great accomplishments of constituents. Last week, Susanne Mitko was honored in Jefferson City for being selected as the 2009 Missouri Teacher of the Year by the Missouri Department of Elementary and Secondary Education. It was my pleasure to present her with a House Resolution in her honor on the floor of the House of Representatives. Susanne teaches history in the Lee's Summit R-VII School District. One of her many talents is to be able to connect world history to her students' own lives. Congratulations to Susanne – it is no small feat to be named the state teacher of the year!

Visit from Lee's Summit Community Christian School

Recently, I also enjoyed visiting with students and teachers from the Lee's Summit Community Christian School. It was a great day to be outside on the Capitol steps! In the House Chambers, the students engaged in a mock debate to better understand how a bill is discussed, amended and passed in the House of Representatives. So many aspects of this job mean a great deal to me, and helping our future leaders to better understand the governmental process is one that gives me tremendous satisfaction.

With the beginning of the 2010 Legislative Session, the Capitol Report will be issued about once a week. During this time, if you have an event that you would like me to attend or speak at, please contact my office at 1 (573)751-1459 or e-mail at will{dot}kraus{at}house{dot}mo{dot}gov.

08 April 2010

Burlison: House Endorses State Sovereignty Measure, Attacks "Cap And Trade" Proposals

Hello, in this week’s Capitol Report I would like to discuss with you HJR 88 and the “Cap and Trade” legislation the House is working on.

House Takes Measure to Protect 10th Amendment Rights of Missouri Citizens

This week, the House of Representative passed House Joint Resolution 88, sponsored by Representative Brian Nieves.

This proposed constitutional amendment, which requires voter approval, reinforces Missouri citizen’s constitutional sovereignty under the Tenth Amendment to the United States Constitution. We firmly believe the federal government should be limited only to powers granted in the Constitution – without exemption. Although at this point HJR88 is non-binding, it serves as a warning to the federal government that we do not approve of any unconstitutional mandates and federal laws forced on Missouri.

The main provisions in HJR 88 are as follows:

If any action by the three branches of government, executive, legislative, or judicial, exceeds the limited powers outlined in the United States Constitution, such action will be prohibited and not recognized by Missouri. This includes federal law, executive orders, judicial or administrative rulings, collection or dispersal of revenue, and so forth.

It prohibits the executive, judicial, and legislative branches of Missouri's government from recognizing, enforcing, or acting on federal restrictions on the right of private citizens to bear arms; federal laws legalizing or funding abortions or the destruction of human embryos; certain specified federal actions involving health care including a federal public option (which is outlined in our Health Care Freedom Act); federal actions requiring the sale or trade of carbon credits or the taxing on the release of carbon emissions (Cap and Trade); federal actions mandating the recognition of same sex marriages; federal actions increasing the penalty for a crime based on a perpetrator's thoughts or designating hate crimes; federal actions regarding the Establishment Clause based on a "wall of separation" between church and state; and federal actions restricting the right of parents or guardians to home school or enroll their children in a private or parochial school or placing restrictions on the school's curriculum.

The resolution also requires Missouri courts to interpret the United States Constitution based on its language and the intent of its signers at the time of its passage, rather than leaving interpretation up to sponsors and co-sponsors of bills.

Finally, HJR 88 allows Missouri solid ground to bring suit to enforce the provisions of the resolution.

House Urges Congress to Put a Stop to “Cap and Trade” Legislation

Cap-and-trade is a massive hidden energy tax being pushed by the President and Congress which will crush Missouri families, farmers, and businesses. In fact, the Wall Street Journal called it the “biggest tax in American history.” As energy rates rise, everyone who flips on a light switch or drives a car will be affected. This will act as a regressive tax, impacting those who spend larger portions of their incomes on energy and other necessities.

If the bill passes, Cap Energy rates will rise exponentially. In fact, the Missouri Public Utility Alliance estimated electric bills could increase by 82% by 2030— they stress this is an optimistic estimate. Estimates vary, but one thing is clear: Cap and Trade will cost Missouri thousands of jobs and raise electricity rates on the average family hundreds, if not thousands, of dollars.

President Obama admitted the legislation would cause electricity rates to “skyrocket.”

"When I was asked earlier about the issue of coal, you know, under my plan of a cap and trade system, electricity rates would necessarily skyrocket," Then Sen. Barack Obama, in an interview with San Francisco Chronicle Editorial Board, 1/17/08.

By supporting the cap-and-trade energy tax, Democrats have directly attacked Missouri’s two largest industries—agriculture and tourism—along with every business in the state. One version of the bill (H.R. 2454 in 2009) would have established a national building code for commercial and residential buildings, requiring a 30 percent reduction in energy use immediately after passage and an additional 50 percent reduction in energy use by 2014—meaning that bureaucrats in Washington will tell you how to build your house.

Republicans in the Missouri House of Representatives recently took a stand against Cap and Trade, sending a clear message to President Obama and Congress.

House Concurrent Resolution 46, sponsored by Representative Doug Funderburk, passed out of the House and was sent to the Senate in late March. HCR 46 opposes the Cap and Trade bill – urging Congress to stop their progress on the legislation and urges the Environmental Protection Agency (EPA) to put an end to the pressure they put on Congress and the President.

We are also asking the EPA rescind the recent decision made regarding the formal endangerment finding on greenhouse gases, seeing as the evidence was deemed to be flawed by the scientific community.

It is imperative we allow proven scientific measures and technological advances to help guide us in our environmental decisions. Direction to the federal government from the EPA should not be the sole source – especially when they try to control legislative objectives coming out of Congress which have harmful effects on our state and our citizens.

Just like the auto bailouts, the so-called stimulus bill, and the proposed government takeover of health care, the government is using ‘global warming’ as an excuse to assert more control over private business, industry, and on families – and in the Missouri House of Representatives, we won’t stand for it.

Joe Smith: House Takes Measure to Protect 10th Amendment Rights of Missouri Citizens

If any action by the three branches of government, executive, legislative or judicial exceeds the limited powers outlined in the United States Constitution, that action will be prohibited and not recognized by Missouri. This includes federal law, executive orders, judicial or administrative rulings, collection or dispersal of revenue and so forth.
It prohibits the executive, judicial, and legislative branches of Missouri's government from recognizing, enforcing, or acting on federal restrictions on the right of private citizens to bear arms; federal laws legalizing or funding abortions or the destruction of human embryos; certain specified federal actions involving health care including a federal public option (which is outlined in our Health Care Freedom Act); federal actions requiring the sale or trade of carbon credits or the taxing on the release of carbon emissions (Cap and Trade); federal actions mandating the recognition of same sex marriages; federal actions increasing the penalty for a crime based on a perpetrator's thoughts or designating hate crimes; federal actions regarding the Establishment Clause based on a "wall of separation" between church and state; and federal actions restricting the right of parents or guardians to home school or enroll their children in a private or parochial school or placing restrictions on the school's curriculum.
The resolution also requires Missouri courts to interpret the United States Constitution based on its language and the intent of its signers at the time of its passage, rather than leaving interpretation up to sponsors and co-sponsors of bills.
Finally, HJR 88 allows Missouri solid ground to bring suit to enforce the provisions of the resolution.

Tim Jones: Creating a Balanced Budget, States' Rights Measure Passes

Tumultuous spring weather marched briskly across the Midwest this week bringing, in turns, balmy, windy summer like weather, followed by rolling storm clouds and hard rains, followed by crisp, cooler sunny skies by week's end. Inside the Capitol, moods matched the weather as we calmly and steadily moved through some bills and had passionate, more earnest debate on other legislative matters. As we continued to work on bills in the House this week relating to strengthening your 2^nd Amendment rights and continuing to urge the Federal Government to restrain itself as intended by our Founding Fathers, many eyes were on the Senate as they worked long hours into the night dissecting and making necessary cuts to our State's budget to reach the constitutionally mandated balanced budget bills…

"The greatness of America lies not in being more enlightened than any other nation, but rather in her ability to repair her faults." –Alexis de Tocqueville

Creating a Balanced Budget

Missourians are well-aware of the effects of the economic downturn and how it has required them to tighten their household budgets. The recession has affected our state in the same way, as lawmakers are currently working to create a budget for the upcoming fiscal year that falls within our means and maintains our commitment to fiscal responsibility.

What makes this dramatic economic slump different from previous ones is that the problems we face will not be fixed with temporary solutions. We must consider dramatic changes to the way our state government operates, to make it more efficient and effective while reducing spending. Our state's conservative values and wise financial decisions in recent years have allowed us to weather the storm better than many other states, but difficult budget choices are forthcoming as the Senate begins work this week on its version of the fiscal year 2011 budget.

One of the most important duties of the Legislature each session is to allocate money for state programs, projects and services for the coming fiscal year. In fact, creating a budget is the only constitutionally required task lawmakers must complete every year by a certain deadline. This year, we must submit a balanced budget for FY 2011 to the Governor by May 7^th, which means that in addition to facing historic revenue declines, we are also in a race against time to put together a balanced budget before that deadline.

The budget process is long and complicated, and it requires a great deal of compromise amongst nearly 200 legislators. First, the Governor submits his budget recommendations to the Legislature early in the year (which he did in January). Lawmakers take into consideration the Governor's recommendations, as well as the testimony heard in the House Budget Committee and Senate Appropriations Committee from various state departments and agencies, as well as the public, in the first weeks of session. The budget is divided into several bills according to state department, which originate in the House. Appropriations bills must first be passed by the House Budget Committee, then by the House as a whole, before they head to the Senate.

Once the bills reach the Senate, they are sent to the Senate Appropriations Committee, which then combs through the House's budget allocations, and develops its own version of the bills (this is where we are currently in the process). The bills must be passed out of committee before moving to the full Senate for debate. After they are passed by the Senate, the appropriations bills go back to the House for approval; however, since changes are typically made to the House's budget in the Senate, both chambers must work out their differences. This usually happens in a conference committee, which consists of members from both the House and Senate. Compromises are made, and then the bills return to each chamber for one final vote of approval. Finally, the budget is sent to the Governor. As you can see, it is a time-consuming, complex process, but it is designed to ensure that the budget is created with thoughtfulness and deliberation.

This year, we must make cuts on a much larger scale than previously thought. However, let me assure you: we are all committed to creating a budget that will make state programs and services operate with more efficiency, but will not further threaten Missouri's future financial standing. We will fulfill our constitutional obligation to create a balanced budget, but we must understand that serious cuts are unavoidable.

I am encouraged that so many of my colleagues are committed to being fiscally responsible and NOT raising taxes on hard-working Missouri families. Our budget situation is not to be taken lightly, but with restraint and innovation, it is not impossible to turn around. The economy may be cyclical, but our actions during the tough times are what will shape our state for years to come.

The Tenth Amendment & State's Rights

Over the years, the federal government has continued to grow out-of-control through wide-ranging federal programs, overreaching regulation, and costly unfunded mandates that infringe on the sovereignty of our states. As a result, many states have stood up for their rights by proposing numerous measures aimed at reasserting the state sovereignty that is provided by the Tenth Amendment of the Constitution. This week, the Missouri House passed House Joint Resolution 88, which is a proposed amendment to the Missouri Constitution that reasserts the sovereignty of the State of Missouri and its citizens under the Tenth Amendment.

The powers of the federal government are clearly established in the Constitution. They include establishing currency, post offices and roads, creating federal courts, entering into treaties, declaring war, and providing for our national defense. Under the Tenth Amendment, those powers not delegated to the federal government are reserved for the states. But unfortunately, through unfunded entitlements like the new federal health control law, the federal government has continued to expand beyond its constitutional authority and infringe on the rights of the states. Entitlements like this are not only beyond the authority of the federal government and infringe on the rights of the states, but the billions of dollars in unfunded mandates within them are financially devastating for state governments.

We believe it is time for the federal government to respect the authority of the states provided by the Tenth Amendment by returning to its constitutional responsibilities. With the passage of House Joint Resolution 88, we sent Congress a message that Missourians have had enough of Congress' continued neglect of the protections of the Tenth Amendment of the Constitution.