Joe Smith: MoDOT schedules weekend closure of EB I-70 lane at Route 370

ST. LOUIS – The Missouri Department of Transportation will close the right lane of eastbound Interstate 70 over Route 370 in St. Charles County starting at 9 a.m. Friday, August 27 for bridge maintenance work.

The lane will reopen by 5 a.m. Monday, August 30.

Plan ahead to avoid work zones by calling 1-888-ASK-MODOT or visiting our website at www.modot.org.

Travelers can get up-to-the-minute traffic information on interstates or major state routes by dialing 5-1-1 from most cell phones; if 5-1-1 isn’t available from your telephone, please dial 877-478-5511 (877-4STL-511).

Davis: State Fair

The Missouri State Fair

Last week I went to the State Fair in Sedelia.  You never know who you are going to meet there.  The state fair is a wonderful mix of education and family fun.  In a world where we have to protect our children from so many negative influences, it is nice to know there is still a place you can take your kids to find wholesome entertainment.  The Missouri State Fair is one of those places that reminded me of what the world used to be like.

Children who live in urban areas often have no idea from where their food comes.  The cows made such an impact on my son; he remembered them from last year.  This year we got to see a demonstration of calf herding.  The State Fair is truly one of the gems of our State.

Cynthia In the News

Cynthia Davis Plans To Continue Newsletter as New St. Charles County GOP Chief

[link to original article]

By Mark Schlinkmann
St. Louis Today / St. Louis Post-Dispatch; Tuesday, August 24, 2010; 11:43 am

State Rep. Cynthia Davis, who was elected last week to chair the St. Charles County Republican Committee, says in her new role she'll continue the periodic newsletters that at times have stirred controversy.

"I'll begin a newsletter similar to my Capitol Report in which I exposed and explained government to my constituents," said Davis, who will leave the House in January because of term limits.

She said the revamped newsletter will be part of her efforts to spark "an elevated presence" for the party leadership in the county.

"There is a groundswell for change that's bubbling up right now," she said. "We will be reminding people what we stand for.  We're going to engage the public.  This is not going to be some kind of backroom quiet geriatric club."

In the Aug. 3 GOP primary, Davis, of O'Fallon, lost her bid to unseat state Sen. Scott Rupp, R-Wentzville.  The race was bitter and Davis repeatedly accused Rupp and others in the GOP Senate majority of sometimes straying from conservative principles. Rupp had disputed that.

Rupp was diplomatic about Davis' new party role and said he expects to be able to work with her although he typically doesn't have a lot of interaction with the "party chair apparatus."

He said the two had cooperated previously in the Legislature before she decided to run against him.

"Hopefully now that she's not opposing me on the ballot, she can get back to working together," Rupp said Tuesday.

Davis spoke similarly. "We're both professionals and I have no problem working with every Republican nominee," she said.

Davis was the only one nominated for the committee chairmanship and was chosen unanimously.  She succeeds Tom Kuypers, who didn't run in the primary for another term on the committee.

Meanwhile, the St. Charles County Democratic Committee re-elected St. Peters Alderman Tommy Roberts as chairman for another two years.

A Little Bit of Humor

"I'm fine, really!"

Farmer Brown decided his injuries from the accident were serious enough to take the trucking company (responsible for the accident) to court. In court, the trucking company's fancy lawyer was questioning Farmer Brown. "Didn't you say, at the scene of the accident, 'I'm fine'?" asked the lawyer.

Farmer Brown responded, "Well I'll tell you what happened. I had just loaded my favorite mule Bessie into the..."

"I didn't ask for any details," the lawyer interrupted, "just answer the question. Did you not say, at the scene of the accident, 'I'm fine'?"

Farmer Brown said, "Well I had just gotten Bessie into the trailer and I was driving down the road..."

The lawyer interrupted again and said, "Judge, I am trying to establish the fact that, at the scene of the accident, this man told the Highway Patrolman on the scene that he was just fine. Now several weeks after the accident he is trying to sue my client. I believe he is a fraud. Please tell him to simply answer the question."

By this time the Judge was fairly interested in Farmer Brown's answer and said to the lawyer, "I'd like to hear what he has to say about his favorite mule Bessie."

Brown thanked the Judge and proceeded, "Well as I was saying, I had just loaded Bessie, my favorite mule, into the trailer and was driving her down the highway when this huge semi-truck and trailer ran the stop sign and smacked my truck right in the side."

He continued, "I was thrown into one ditch and Bessie was thrown into the other. I was hurting real bad and didn't want to move. However, I could hear ole Bessie moaning and groaning. I knew she was in terrible shape just by her groans."

"Shortly after the accident a highway patrolman came on the scene. He could hear Bessie moaning and groaning so he went over to her. After he looked at her, he took out his gun and shot her between the eyes. Then the patrolman came across the road with his gun in his hand and looked at me."

Finally, farmer Brown came to the end of the story. "The patrolman looked at me and said, 'Your mule was in such bad shape I had to shoot her. How are YOU feeling'?"

Nodler: Bills Go into Effect on August 28

August 28—90 days after the constitutional end of the legislative session—is the day when most bills passed by the Legislature go into effect. For these bills, this is the final step of the legislative process—putting the bills that the General Assembly passed officially into Missouri statute. This session, we passed several major initiatives that affect daily life in Missouri, and I would like to discuss a couple of these measures that will go into effect this Saturday.

House Bill 1695 works to strengthen Missouri’s DWI laws and crack down on repeat offenders. One provision of the bill focuses on the problem of alcohol addiction by allowing any circuit courts to establish a special DWI court to handle certain cases of repeat offenders. It also cracks down on drunk drivers by prohibiting any person who operates a motor vehicle with a BAC (blood alcohol content) of .15 or more from being granted a suspended sentence. The bill also increases the minimum shock time in jail from five days to 10 days for a prior offender and from 10 days to 30 days in order for a persistent offender to be eligible for parole or probation (unless the person performs a certain amount of community service or undergoes a treatment program).

House Bill 1695 also makes reporting DWI cases more uniform. The bill requires the State Highway Patrol, beginning Jan. 1, 2011, to maintain regular accountability reports of alcohol-related arrests, charges, and depositions based on the data submitted by law enforcement and prosecutors. To address the problem of repeat offenders not being held accountable on a local level, the bill also specifies that offenders facing their third DWI offense will be handled by state courts, rather than municipal courts.

Another important bill that was passed by the Legislature and will go into law is Senate Bill 793. The bill expands Missouri’s informed consent requirements, better informing women in the state that are considering an abortion about their options. The bill requires, at least 24 hours prior to an abortion being performed, that a woman be presented with various printed materials detailing the risks of an abortion and the physiological characteristics of an unborn baby; given an opportunity to view an active ultrasound and hear the baby's heartbeat; and provided information regarding the possibility of the abortion causing pain to the unborn baby past 22 weeks. The bill also requires the physician to discuss the medical assistance and counseling resources available, advise the woman of the father's liability for child support, and provide information about the Alternatives to Abortion Program.

For a full list of bills that have been approved by the Legislature during the 2010 regular legislative session click here. All bills not vetoed by the governor without emergency clauses or that note an alternative effective date will become Missouri law on August 28.

Nance: Information Regarding Route 13 Construction

The following information from Representative Nance is to update the construction on Route 13:

Route 13 Construction to Close Highway

The Lexington Gap Project is Moving Right Along

LEXINGTON, Mo. - The Route 13 "Gap Project" to relocate the highway south of Route 24 near Lexington is moving along on schedule. MoDOT will need to close Route 13 traffic between Route E and Burns School Road beginning Thursday, August 26 through the end of September, weather permitting.

Crews will tie the existing pavement into the new lanes of Route 13 just south of Lexington requiring the road closure. A signed detour will be in place for the more than 4000 vehicles driving through the area daily. Traffic will be detoured onto Route E south to Route FF into Higginsville to reconnect with Route 13.

The "Gap Project" is a 3.1 mile extension of new lanes on Route 13 to provide a direct connection from the interchange with Route 24 to existing Route 13 southeast of Lexington. Current conditions require traffic on Route 13 from Richmond to Lexington to exit at Route 24, go west into Lexington, and connect to the old highway. The new lanes of Route 13 being constructed will allow traffic to continue south along Route 13 at the Route 24 intersection, bridging the gap between the two sections currently in place.

Once the work on this section is complete, the road will reopen and allow traffic to use the new lanes on Route 13. The community and motorists will begin to see the benefits of the new road as it will improve safety, increase mobility, decrease travel time, provide for efficient movement of traffic, and offer a convenient and economical north/south route.

For more information about this and other projects, please visit MoDOT's Website at www.modot.mo.gov/kansascity. For instant updates, follow MoDOT_KC on Twitter or send questions and comments to kccommunityrelations{at}modot{dot}mo{dot}gov.

Joe Smith: Proposition C: The Health Care Freedom Act

Sending a message to Washington

For more than a year, Americans have taken to the streets to protest the federal government's irresponsible agenda.  Washington liberals didn't listen when they rammed through Congress their reckless health care bill—but they can't help but hear us now.

Missourians were the first voters in the nation to go to the ballot box and reject the reckless federal health care takeover.

The results were as stunning as they were clear: more than 71% of Missouri voters, including Republicans, Democrats, and independents, supported Proposition C and the effort to protect an individual's right to make his or her own health insurance choices.  Missourians sent Washington a clear message: stay out of our health care decisions.

Republicans have been right all along—it is time to repeal the existing health care law and replace it with a conservative alternative that does not burden Americans with unnecessary mandates and outrageous costs.  The Missouri Republican Party stood strongly in favor of Proposition C, unanimously endorsing the Health Care Freedom Act and contacting Missourians to encourage a YES vote.

Overwhelming bipartisan support

Proposition C passed in 114 of 116 election jurisdictions—including every county in the state—garnering more than 668,000 votes in Missouri.  This was a bipartisan declaration to Washington.  At least tens of thousands of Democrats voted YES on Proposition C.

Washington's tone-deaf reaction

The White House dismissed the Prop C vote, claiming that the results meant "nothing." Source: The Hill Senate Majority Leader Harry Reid's response was even more offensive.  According to the Wall Street Journal, Reid dismissed the results of the election, claiming that Missourians aren't educated enough to understand the federal health care law.

Reid: "It's very obvious that people have a lack of understanding of our health care reform bill," Reid said. "The more people learn about this bill, the more they like it."

This tone-deaf and arrogant reaction is exactly the reason why so many Americans across the country are fed-up with Democrats in Washington.  More than 71% of voters sent a clear message rejecting the liberal agenda, yet Democrats continue to dismiss the will of the people and insist that we're simply not capable of making our own decisions.

Nance: Bridge and Road Work Ahead, Immigration Legislation Review

BRIDGE AND ROAD WORK AHEAD

MoDOT recently had a ribbon cutting for the Fishing River Bridge on 10 Highway in Excelsior Springs.

One bridge has been completed on Route A near Hardin, and they have started work on the other bridge scheduled for repair.

Another bridge on N highway is being repaired.  The bridge over 69 Highway in Excelsior Springs is closed for major repairs.

Double E highway is to have extensive work perform this December. Bids will be let in October. Cost is expected to be in the $250,000 range.

IMMIGRATION LEGISLATION

In light of the current legislation passed in Arizona, it might be helpful to review the actions of Missouri's General Assembly.

In 2007, the Legislature passed a law [HJR7] making English the language for all official proceedings in Missouri.

In the 2008 Session, the General Assembly passed HB 1549. This law changed the statute regarding illegal aliens and immigration status verification. This legislation was described at the time as among the toughest measures in the country to deal with illegal immigration. Key provisions include;

EMPLOYMENT

Business entities and employers are prohibited from knowingly employing, hiring, or continuing to employ illegal aliens in Missouri. Participation in E-Verify is required for all public employers and business entities receiving a state contract or grant in excess of $5,000 or a state-administered tax credit, tax abatement, or loan from the state.  Participation in a federal work authorization program is an affirmative defense to an allegation that a business entity knowingly hired an illegal alien.

Failing to provide identity information on employees within 15 business days after receipt of the request by the Attorney General will result in the suspension of a company's applicable local licenses, permits, and exemptions until the information is supplied.

Knowingly employing an illegal alien will result in the suspension of a company's applicable local licenses, permits, and exemptions for 14 days.  A second violation will result in suspension for a period of one year, and a third or subsequent violation will result in permanent suspension.

If a business with a state contract or grant or state-administered tax credit, tax abatement, or loan from the state has employed illegal aliens the contract will be terminated and the suspended from doing business with the state for a period of three years.  Additional violations will result a permanent ban from doing business in this state.  The state may withhold up to 25% of the total amount due to the business entity upon termination of the contract.

The Attorney General must maintain a database documenting any business entity whose license, permit, or exemption has been suspended or whose state contract has been terminated. Failure by a municipality or county to suspend any applicable license or permit of a violator as directed by the Attorney General within 15 business days after notification will be deemed a violation of the sanctuary cities provision and subject the municipality or county to the specified penalties.

SANCTUARY CITIES

Any county, city, town, or village is prohibited from enacting a sanctuary policy.  If they enact a sanctuary policy, they will be ineligible for money provided through grants administered by the state of Missouri until the policy is repealed or is no longer in effect.

A government entity or official or political subdivision violates the sanctuary city provision if it prohibits or restricts communicating or cooperating with federal officials on the immigration status of any person in this state. Any member of the General Assembly may request that the Attorney General issue an opinion as to whether the government agency or political subdivision has sanctuary city.

LAW ENFORCEMENT

An arresting law enforcement agency is required within 48 hours to verify through the United States Department of Homeland Security the lawful immigration status of a person charged with a crime and held in confinement if verification cannot be made from documents in the possession of the prisoner or after a reasonable effort by the arresting agency.  Upon verification that the prisoner is an illegal alien, the arresting agency must notify the federal department

If a judge reasonably believes that a person is an illegal alien, bail will be denied until the person can provide verification of lawful presence in the United States.

DRIVER'S LICENSES

The Department of Revenue is prohibited from issuing driver's licenses to illegal aliens and persons who cannot prove lawful presence in the United States.  Missouri will not extend full faith and credit to out-of-state driver's licenses issued to illegal aliens.

The commercial driver's license written test must only be given in English.  Translators will not be allowed for applicants taking the test.

It is against the law to assist any person during a driver's license, non-driver's license, or instruction permit examination process when that person knows or recklessly disregards the truth that a fraud or deception is being committed. Or assisting any person in applying for a driver's license, non-driver's license, or instruction permit when that person knows or recklessly disregards the truth that the application contains or is substantiated with false or fraudulent information or documentation, conceals a material fact, or is otherwise fraudulent or engaging in a conspiracy to commit any of the preceding acts or aiding or abetting in the commission of any of the acts. Violation of this provision is a class A misdemeanor.

PUBLIC BENEFITS

Aliens unlawfully present in the United States are prohibited from receiving a state or local public benefit unless it is offered under 8 U.S.C. 1621(b. Documentary evidence accepted by the Department of Revenue for obtaining a driver's license will suffice as proof of citizenship, permanent residency, or lawful immigration status. Nonprofit organizations regulated by the Internal Revenue Service are not required to enforce these restrictions, nor are they prohibited from providing aid.

TRANSPORTING ILLEGAL ALIENS

Any person knowingly transporting an illegal alien in this state for the purpose of trafficking in violation of Sections 566.200 - 566.215, drug trafficking in violation of Sections 195.222 and 195.223, prostitution in violation of Chapter 567, or employment will be guilty of a felony punishable with imprisonment for not less than one year, a fine of not less than $1,000, or both.

In the 2009 Session the General Assembly passed HB 390.

This law prohibits college or university students who are unlawfully present in the United States from receiving financial aid, including institutional aid awarded by public postsecondary educational institutions and state-administered postsecondary grants and scholarships awarded by all postsecondary educational institutions.  All postsecondary institutions of higher education must annually certify to the Department of Higher Education that they have not knowingly awarded financial aid to a student who is unlawfully present in the United States.

This session there were three bills considered by the General Assembly on the issue of illegal immigration. None passed but may be reconsidered:

HB 1231 DRIVER'S LICENSE EXAMINATIONS

This bill requires Missouri driver's license examinations to be administered in English so that the applicant can demonstrate his or her ability to sufficiently understand highway traffic signs and safety warnings.  The Director of the Department of Revenue cannot supply or permit the use of language interpreters in connection with the required written and driving tests.

HCS HB 1383 UNAUTHORIZED ALIENS SEXUAL OFFENDERS

This bill would add national citizenship to the information that must be included on a sexual offender registration form and requires the State Highway Patrol to report to the United States Immigration and Customs Enforcement or other appropriate federal agency certain information regarding any person on the sexual offender registry who is not a citizen of the United States.

HB 2449 HUMAN TRAFFICKING

This bill creates the crime of trafficking for the purpose of illegal immigration if a person, in exchange for anything of value, knowingly transports or assists in the transport of an illegal immigrant within Missouri with the intent to violate federal immigration laws under Title 8 of the United States Code. Anyone who commits this crime will be guilty of a class B felony.

This bill also makes it a crime for a person to conceal, harbor, or shelter from detection any illegal alien knowing or in reckless disregard of the fact that the illegal alien has entered or remained in the country illegally.  It is also a crime for an illegal alien to transport himself or herself in the state of Missouri.  Anyone who commits this crime will be guilty of a felony punishable by not less than one year's imprisonment, a fine of not less than $1,000, or both.

It is worth noting that the legality of many of these laws were questioned by opponents with the threat of taking the state to court and overturn these laws. I am aware of no court challenge to any of these laws and none of them has been successfully challenged in court.

One of the main sources of technical and other information for the laws passed in Missouri was Kris Kobach Professor of Law at UMKC. He has in his capacity as an attorney represented parties advocating for stricter laws regarding illegal immigration in Missouri and nationwide. He was involved in Arizona's latest laws.

(Immigration information provided by Representative Jerry Nolte)

Nodler: Safe Driving as Students Return to School

It’s the time of year for students of all ages throughout southwest Missouri to return to the classroom. This means more congestion on roadways in the area. Safe driving should always be a priority, but drivers need to be especially careful around construction sites and school zones.

The Missouri Department of Transportation (MoDOT) is active in the 32nd District. Maintenance projects continue throughout the year as crews work to repair, patch, and perform upkeep on our roads. Here are some MoDOT projects affecting our area right now:

Jasper County:

• Route BB bridge at Deer Creek: Closed for replacement until Sept. 10.
• Route 66 (7th Street) between Route 249 and Duquesne Road: Widening the road to five lanes and replacing the Turkey Creek bridge. Reopening Fall 2010. Resident and business access only.
• MoDOT also recently announced that The Missouri Highways and Transportation Commission approved highway construction resulting in the upgrading of the US 71 corridor between Kansas City and Joplin to interstate standards by the end of 2012.

Dade County:

• Route U bridge: Crews with Enviro Control of Stockton closed the Route U bridge over the Sac River for replacement on August 16 as part of the Safe & Sound Bridge Program. The bridge will reopen mid-September.

Newton County:

• Route 43: Paving from 32nd Street to I-44 taking place August 19-25.

Highway safety in our state has made great strides. In 2009, 878 people were killed in traffic crashes — almost 100 less than in 2008. MoDOT reminds drivers that basic driving safety including following the speed limit, buckling up, and never driving while impaired can make a significant difference. Drivers should also try to avoid common distractions such as texting while driving or driving while fatigued. These tips are especially important for young drivers. According to MoDOT, traffic crashes are the leading cause of death for people 15 to 20 years old. There are three factors that contribute to traffic crashes for this age group: inexperience, risk-taking behavior and immaturity, and greater risk exposure.

If you see a roadway emergency or unsafe driving, call the Missouri State Highway Patrol at 800-525-5555 or *55 on your cell phone. You can also contact your local law enforcement agency.

For more information on roadway safety and road projects in the area, visit www.modot.mo.gov. I wish everyone a safe and happy start to the school year.

Davis: The Crown Jewels

The Crown Jewels Etc. celebrated the opening of their store in O'Fallon with a ribbon cutting ceremony.  I am pictured here with owners, Butch and Sharon Dowdy joined by family and friends. Also in attendance for the celebration were representatives of the O'Fallon Chamber of Commerce and the City of O'Fallon.

The Crown Jewels Etc. is Missouri's only high end consignment shop that allows you to consign or trade-in. They accept diamonds, gold, silver, timepieces and high end handbags and are located at 234 Fort Zumwalt Square in O'Fallon.  You can reach them by phone: 636-294-6612 or online: www.thecrownjewelsetc.com

Cynthia in the News

Davis elected head of St. Charles County Republicans

By Jo Mannies, Beacon Political Reporter

Posted 2:34 pm Wed., 08.18.10

State Rep. Cynthia Davis will still wield political clout, even though she lost her Republican bid for the state Senate.

Davis, R-O'Fallon, confirmed this afternoon that she has been elected chair of the St. Charles County Republican Central Committee, effective immediately. The vote, conducted Tuesday night, was unanimous, she said.

Davis' selection for the unpaid but powerful post underscores the clout of the Tea Party movement in St. Charles County.

Earlier this month, she unsuccessfully sought to oust state Sen. Scott Rupp, R-Wentzville, in the GOP primary for the 2nd District state Senate post. Davis snagged almost 46 percent of the vote, despite being heavily outspent by Rupp.

Davis is completing the last of her four allowed terms in the state House. So her new job will continue to give her a political base.

"I am tremendously honored to be asked to serve in a larger capacity for our party. This is an important statement for all Republicans because St. Charles County enjoys the prestige of being a major determiner of Missouri politics," Davis said, referring to the county's status as one of the top Republican blocs of votes in the state.

"Our reputation is earned from being able to deliver the votes to shape the outcome of statewide races. The size of our victory margins can propel winners statewide," she added.

Davis said she is promising "enthusiastic, principle-driven leadership" that will focus on promoting what she sees as "the Republican brand ... limiting government, protecting the taxpayers, supporting marriage and morality and standing up for everyone's God-given right to life."

Davis has won a lot of political notice -- and national notoriety -- for her regular legislative newsletters. . . Davis said this afternoon that she plans to "continue sending out regular updates because communication is vital to all successful offices."

Link to the St. Louis Beacon article.

A Little Bit of Humor: Business Sense or Cents?

Before going to Europe on business, a man drove his Rolls-Royce to a downtown NY City bank and went in to ask for an immediate loan of $5,000. The loan officer was quite taken aback, and requested collateral. "Well, then, here are the keys to my Rolls-Royce", the man said. The loan officer promptly had the car driven into the bank's underground parking for safe keeping, and gave him $5,000.

Two weeks later, the man walked through the bank's doors, and asked to settle up his loan and get his car back. The loan officer checked the records and told him, "That will be $5,000 in principal, and $15.40 in interest." The man wrote out a check, thanked the loan officer, and started to walk away.

"Wait sir," the loan officer said, "while you were gone, I found out you are a millionaire. Why in the world would you need to borrow money?

The man smiled. "Where else could I securely park my Rolls-Royce in Manhattan for two weeks and pay only $15.40?"

Rupp: Missouri Voters Overwhelmingly Approve Health Care Freedom

Citizens Draw Line Between Federal and State Decisions

Nearly 940,000 Missourians throughout the state made their way to the polls on August 3 to make their voices heard.  Perhaps one of the most important measures to hit the ballot was the decision for health care freedom.

Proposition C, which passed by an overwhelming 71 percent by Missouri voters, amends Missouri Statutes to deny the federal government the authority to penalize our state's citizens for refusing to purchase private health insurance and infringe upon the most basic rights we hold as Missourians, including the right to decide how we will take care of ourselves and our health care needs.  In the 2^nd District, Lincoln and St. Charles county voters followed the statewide trend by supporting the proposition with 76 percent of the vote.

It all started with the passage of the federal health care bill earlier this year, in which the "Affordable Care Act" was signed on March 23.  Proponents of the act said it would put into place comprehensive health insurance reforms that would hold insurance companies more accountable, lower health care costs, guarantee more health care choices, and enhance the quality of health care for all Americans.  In fact, since this measure was signed into law, citizens in states across our nation have been trying to let those in Washington, D.C. know that they don't want a federal law to force them to buy health insurance.

That's why I signed on, with 19 of my Senate colleagues, to co-sponsor a measure that would prohibit laws interfering with an individual's freedom of choice in health care.  The "Health Care Freedom Act" was included in House Bill 1764 and was approved by the General Assembly, placing the issue before voters in the August election.

Voters made sure to stand up for their rights, reinforcing their belief that Missourians should be able to choose their own health care products and services without living in fear of being fined or imprisoned for not participating in any government or privately run health care system.  This does not, however, reject any federal health care option nor take away an individual's choice to participate in the federal health care plan. Missourians drew a significant line regarding the role the federal government plays in determining very personal decisions — our health care.  I am proud to have worked to get this issue before the citizens of this state and will continue to serve the rights of those who elected me to serve as their voice in Jefferson City.

Plan H Opens Gate to Possible Flooding in 2^nd Senatorial District

I recently submitted a letter to the Army Corps of Engineers, U.S. Sen. Christopher "Kit" Bond, U.S. Sen. Claire McCaskill, U.S. Congressman Todd Akin, and Missouri Gov. Jeremiah "Jay" Nixon regarding Plan H and its possible impact on the citizens of Pike, Lincoln and St. Charles counties, two of which I represent in the Missouri Senate.  Below is the letter I wrote to Colonel Thomas O'Hara, District Engineer of the U.S. Army Corps of Engineers:

I'm writing this letter in regards to Plan H, which is a proposal for levee alterations along the Upper Mississippi River in Missouri, Iowa, and Illinois.  This is a matter of urgent concern to me, especially in light of the fact that many people are not aware of this plan or its ramifications.

Plan H calls for building taller, wider and stronger levees along the Mississippi River all the way down through Iowa, Northern Missouri and Illinois, until it gets to Pike, Lincoln and St. Charles counties in Missouri.  In these three counties, the plan does not include building flood-proof levees.  Instead, it calls for about half of the counties' levees to be improved while the other half is required to be left as is.  The lands behind the unprotected levees have been designated as "flood water storage areas."  Mississippi River bottom lands north of these counties would receive federal protection from flooding, with the three counties of Pike, Lincoln and St. Charles, two of which I represent in the Missouri Senate, left unprotected against the threat of floods.  This is totally unacceptable.

I am asking that you oppose this plan, as it will make the counties of Pike, Lincoln and St. Charles the dumping ground for future floods.  This would be devastating to my constituents in the 2^nd Senatorial District.  I have written Gov. Nixon, both U.S. Sens. Christopher Bond and Claire McCaskill, and Congressman Todd Akin stating my opposition to Plan H and asked for their support in opposing the plan as well.  I believe that further studies need to be done in order to truly understand the effects of building these better levees, new hydrology and flow studies on the more recent floods since 1993 need to be done, and public hearings need to be held in the areas that will be affected, namely the three counties that will be left unprotected.

If you have any questions or comments about this week's column or any other matter involving state government, please do not hesitate to contact me.  You can reach my office by phone at (866) 271-2844.

Gatschenberger: Special Session Report, Annexation Law Signed, State Jobs Report

Special Session Report

In late June, the Governor called us back to the building for furthered debate of the Manufacturing Jobs Act [HB2] and a bill that would make changes to state employee pension [SB1].

The House got to work immediately and convened for a one day session, pushing both bills out the door to the Senate. Although the Senate sent the pension bill to us in a timely manner, they sat on the Manufacturing Jobs Act for quite some time.

The Senate finally passed the bill and sent it back to us. That same day, we truly agreed to both bills and sent them on to the Governor's desk for approval.

Manufacturing Jobs Act

Tax incentives have been a proven-effective way to create jobs in Missouri.  Through the Manufacturing Jobs Act, auto manufacturing companies are able to keep half of the withholding taxes for each full time employee, but only if that company continues to make investments in their infrastructure.  Qualified companies must make a $75,000 investment per employee to take advantage of these benefits.

One of the prime intentions of the legislation is to allow the Ford plant in Liberty to continue operation and build the facilities for a new line of automobiles.  This plant employs several hundreds of Missourians and it would do significant harm to our unemployment rate if Ford chose to leave the state. It is our hope that through the Manufacturing Jobs Act, they will leave their doors open and continue to add to Missouri's rich economic environment.

State Pension

The Governor chose to tie the state pension reform bill to the jobs bill for Special Session. Although I don't believe these pieces of legislation are co-dependent, we answered the Governor's call and passed the legislation.

This bill changes the requirements for new state employees hired after January 1st, 2011.  These new employees will be required to contribute 4% of their salary to their own pension fund, instead of the state paying it for them- which is the current process.  According to this legislation, 10 years of employment with the state is required before the employee can become vested in their retirement.

Further, to be eligible for normal retirement under this plan, employees must reach age sixty-seven and complete at least 10 years of service or reach age fifty-five with the sum of the employee's age and service equaling at least ninety.

In light of our economy and the serious condition of our state budget, the House worked swiftly to pass both bills so that no more tax dollars than absolutely necessary would be spent on Special Session.

Special Session has now adjourned and I look forward to coming back to the building for Veto Session in the fall.

A Message for you from MODOT:  WESTBOUND Route 40 @ Boone Bridge to be CLOSED the entire weekend August 27 thru August 29 for bridge repair work.

Governor Nixon signs legislation into law sponsored by Representative Chuck Gatschenberger

[Operator's note: The bill signed into law was HB1806. Rep. Gatschenberger proposed HB2312, a similar bill which did not advance from committee.]

This bill stops local cities from annexing any territory (i.e. Research Parks) without getting the consent of all the current property owners located within the unincorporated area of such parcels.

"Without this legislation, all the businesses in the Missouri Research park (located @ Hwy 94 and Interstate 64) would have to pay between $50,000 to over $250,000 in extra taxes as an added business cost.  This is unacceptable!  These companies (in just this one business park) would possibly have had to lay off roughly 35 to 50 employees just to pay these added taxes and that is wrong.  We need to help our companies in our state not throw them under the bus.  I want businesses to think of Missouri as a good place to do business and that means more jobs for the people that live in our state." … Representative Gatschenberger said.

Standing with Representative Gatschenberger are Cheryl Renne, Controller for Nike and Dennis Fitzgerald from Zoltek.

DED releases June 2010 state jobs report

Release Date: 07/12/2010
Contact: John Fougere, (573) 522-5058

JEFFERSON CITY – Missouri's labor market conditions continued to improve in June, according to data released today by the Missouri Department of Economic Development (DED). Missouri's nonfarm payroll employment increased by 3,600 jobs during the month, on a seasonally-adjusted basis, marking the fifth consecutive month of positive job growth in the state. Missouri's net job growth since January 2010 now stands at 26,600, an average of 5,300 new jobs created each month.

The state's seasonally-adjusted unemployment rate stood at 9.1 percent in June, the lowest rate in more than a year, down from 9.3 in May. The state's not-seasonally adjusted rate increased by half a percentage point to 9.2, a standard practice in June each year as summer jobseekers enter the labor force. In comparison, the U.S. rates for June 2010 were 9.5 seasonally-adjusted and 9.6 not-seasonally-adjusted.

The private sector added 6,000 new jobs in June, with noteworthy growth occurring in construction (+1,100); durable goods manufacturing (+2,300, spread through a number of industries); and transportation, warehousing and utilities (+2,200). Increases came in spite of the loss of 3,300 federal government jobs in June, mostly temporary Census workers.

Most other industry groups saw comparatively small changes. The leisure and hospitality industry as a whole saw little change from May as its two major sectors went in opposite directions. Arts, entertainment and recreation saw an employment gain of 1,900, while accommodation and food services employment was down by 2,200.

Payroll employment in the state's metropolitan areas decreased in some areas and increased in others. The reduction of temporary census workers played a substantial role in many areas, particularly in St. Louis (-2,600) and Kansas City (-2,600). On the plus side, Joplin (+1,000) led the way in gains, while most others were relatively unchanged.

Pro-Life Ultrasound Bill Becomes Law!

I am pleased to report that the pro-life ultrasound bill [SB793] adopted by the General Assembly this past session will now become law.  Governor Jay Nixon's office allowed Senate Bill 793 to become law without his signature. July 17^th was the constitutional deadline for the Governor to either sign or veto the measure.  He has declined to do either, meaning the bill will become law as if he had signed it.

This is a monumental victory for women and children in Missouri.  For the first time since Roe v. Wade, women entering abortion clinics in our state will be told the truth about abortion and what it means to them and their unborn child.  The new informed consent law ensures that abortion-minded women are advised of the immediate and long-term risks of abortion to their physical and mental health.  Women will also be informed of the humanity of their preborn child, and given the opportunity to see an ultrasound and hear the heartbeat of that child.

This legislation also exempts Missouri from the abortion mandate contained in the new federal health care bill.  Health insurance policies sold in Missouri through federally subsidized health insurance exchanges will not be allowed to cover abortions.  As a result, Missourians will not be required to underwrite the destruction of unborn children in our state through their taxes or their health insurance premiums.

This is the most significant piece of pro-life legislation to become law in Missouri in nearly 25 years.  Women faced with unintended pregnancies will get what they deserve:  full disclosure of the alternatives before them so that their decision is truly informed.  We thank God for what this means for generations of children and their mothers in our state.   Many women will be spared the heartache and indignity of abortion.  Many children will know the joys of life and the love of family.

NISC on Computerworld's Top 100 Best IT Places to Work

Suburban Journal (July 24, 2010) --- Computerworld ranked NISC 22nd in the nation in the magazine's annual Best Places to Work in Information Technology. NISC is ranked No. 3 in the nation for businesses with fewer than 2,500 employees. The company has 780; they're evenly divided between Mandan, ND and Lake Saint Louis, MO.  The ranking is no fluke. Computerworld has ranked NISC in the top 100 eight times in nine years. Read More...

EDC incubator welcomes 4 new tenants & 1 graduation

Four new business tenants and one graduation from the small business incubator operated by the Economic Development Center of St. Charles County, was announced today by EDC officials. New tenants include Clarus Communications, Conscious Sedation Consulting, 1st Integrity Enterprises and Luxury Bath of St. Charles.

The latest graduate from the EDC incubator program is Pro Basement Finishers, a basement remodeling and finishing company, who expanded and opened their new office in O'Fallon. Read More...

Inherited Deficit

The Washington Post babbled about Obama inheriting a huge deficit from Bush.  Amazingly enough, a lot of people swallow this nonsense. So once more, a short civics lesson…

Budgets do not come from the White House. They come from Congress, and the party that controlled Congress since January 2007 is the Democratic Party. They controlled the budget process for FY 2008 and FY 2009, as well as FY 2010 and FY 2011. In that first year, they had to contend with George Bush, which caused them to compromise on spending, when Bush somewhat belatedly got tough on spending increases.  For FY 2009, though, Nancy Pelosi and Harry Reid bypassed George Bush entirely, passing continuing resolutions to keep government running until Obama could take office. At that time, they passed a massive omnibus spending bill to complete the FY 2009 budgets.

And where was Obama during this time?  He was a member of that very Congress that passed all of these massive spending bills, and he signed the omnibus bill as president to complete FY 2009.   Let's remember what the deficits looked like during that period:

If the Democrats inherited any deficit, it was the FY 2007 deficit, the last of the Republican budgets.  That deficit was the lowest in five years, and the fourth straight decline in deficit spending.  After that, Democrats in Congress took control of spending, and that includes Barack Obama, who voted for the budgets. If Obama inherited anything, he inherited it from himself. In a nutshell, what Obama is saying is I inherited a deficit that I voted for and then I voted to expand that deficit four-fold since January 20th.    WAKE UP, AMERICA, BEFORE ITS TOO LATE  !

Fun Facts

A chemistry professor in a large college had some exchange students in the class. One day while the class was in the lab the Professor noticed one young man (exchange student) who kept rubbing his back, and stretching as if his back hurt.

The professor asked the young man what was the matter. The student told him he had a bullet lodged in his back.  He had been shot while fighting communists in his native country who were trying to overthrow his country's government and install a new communist government.

In the midst of his story he looked at the professor and asked a strange question.  He asked, "Do you know how to catch wild pigs?"

The professor thought it was a joke and asked for the punch line.  The young man said this was no joke.  "You catch wild pigs by finding a suitable place in the woods and putting corn on the ground. The pigs find it and begin to come everyday to eat the free corn. When they are used to coming every day, you put a fence down one side of the place where they are used to coming.  When they get used to the fence, they begin to eat the corn again and you put up another side of the fence. They get used to that and start to eat again. You continue until you have all four sides of the fence up with a gate in The last side. The pigs, who are used to the free corn, start to come through the gate to eat, you slam the gate on them and catch the whole herd.

Suddenly the wild pigs have lost their freedom. They run around and around inside the fence, but they are caught. Soon they go back to eating the free corn. They are so used to it that they have forgotten how to forage in the woods for themselves, so they accept their captivity.

The young man then told the professor that is exactly what he sees happening to America.  The government keeps pushing us toward socialism and keeps spreading the free corn out in the form of programs such as supplemental income, tax credit for unearned income, tobacco subsidies, dairy subsidies, payments not to plant crops (CRP), welfare, medicine, drugs, etc.. While we continually lose our freedoms -- just a little at a time.

One should always remember: There is no such thing as a free lunch!  Also, a politician will never provide a service for you cheaper than you can do it yourself.

Also, if you see that all of this wonderful government "help" is a problem confronting the future of democracy in America you might want to send this on to your friends. If you think the free ride is essential to your way of life then you will probably delete this email, but God help you when the gate slams shut!

Keep your eyes on the newly elected politicians who are about to slam the gate on America.

"A government big enough to give you everything you want, is big enough to take away everything you have." –Thomas Jefferson

Davis: The Official Census

Big River Running Company Ribbon Cutting

You may not feel like running when it is nearly 100 degrees, but when you are ready to run, the Big River Running Company is ready to help. They are located in the Hutchings Farm Plaza and it was my privilege to welcome them to O’Fallon.

The Official Census

Some people are still getting knocks on their doors from census workers. While this is a federally mandated program, so long as our citizens are getting interrupted by census takers, here is some information that may be helpful. The census was authorized by the United States Constitution:

"The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of 10 years, in such manner as they shall by Law direct."
-- Article I, Section 2 of the Constitution of the United States

The original purpose for which the census was included in the Constitution was for electoral apportionment of the congressional seats. As our United States government has grown, so the basic purpose of the census seems to be bloating. Now the census web site is boasting that one of the purposes of the census has to do with “redistributing the wealth”. Here is a quote from the Census 2010 website:

“When you do the math, it's easy to see what an accurate count of residents can do for your community. Better infrastructure. More services. A brighter tomorrow for everyone. In fact, the information the census collects helps to determine how more than $400 billion dollars of federal funding each year is spent on infrastructure and services…”

They claim it is about how to spread around 400 billion of our hard earned tax dollars. The only problem is that the money came from us, so it is hard to feel grateful for their generosity should they prove that our population has inflated considerably. I have a great idea for the national government. Why don’t they let us spend our own money however we see fit without taking it from us first, extruding a hefty handling charge and then doling it out as if it were a gift from them?

Here is some background from Wikipedia:

“For the first six censuses (1790–1840) enumerators recorded only the names of the heads of household and a general demographic accounting of the remaining members of the household. Beginning in 1850, all members of the household were named on the census… In 1810, the first inquiry on manufactures, quantity and value of products occurred; in 1840, inquiries on fisheries were added; and in 1850, the census included inquiries on social issues, such as taxation, churches, pauperism, and crime. The censuses also spread geographically, to new states and territories added to the Union, as well as to other areas under U.S. sovereignty or jurisdiction. There were so many more inquiries of all kinds in the census of 1880 that almost a full decade was needed to publish all the results.”

We can all understand why the government would want to know how many people live in the United States, but it is offensive to see our government attempt to intrude into our lives. We have all heard about “big brother” but we really don’t like “nosey big brother”. There is a point where this becomes a violation of the fourth amendment which prohibits a search without a warrant. Most of the questions I am getting revolve around how much information we are required to give the census worker.

We owe it to the philosophy of Martin Luther King Jr. to get past the surface. Many of us long for a day when all people are judged by the content of their character rather than skin color. When it comes to ethnicity, there are so many interracial marriages, why should it matter anymore. Some of my constituents have started declining to answer questions on other applications about race because they feel it shouldn’t matter. I agree. It shouldn’t mean more than the type of cosmetics, sun tan lotion and hair treatments consumers use. I can imagine this being important to retailers, but not to government. All people are human beings made in the image of God. We are at the point in our nation’s cultural history where it is rude for government to participate in its own form of discrimination.

It is also rude for them to ask us how many bathrooms we have, but they don’t appear to have any sensitivity to that either. Here are some articles that explain the level of detail required, and includes a link to the actual “The 2009 American Community Survey”, sponsored by the Census Bureau: : ‘Big Brother asks: 'Do you have a flush toilet?'

One of the problems with the census is not the actual enumeration, but the estimation of what the true answers. There is a method under which the national government will attempt to “enhance the numbers” on a presumption that some people may not have been counted. They take a sample group and imagine how many others may not have actually filled out the forms. This is a big breech of integrity because you cannot prove a negative. The only way to count people is to actually count people. Here is an excerpt from a Wall Street Journal article that explains:

“The Supreme Court has ruled that congressional reapportionment—but not the redistricting of state legislatures—must rely on numbers generated by an actual enumeration. But for purposes of allocating funds, governments may well use adjusted figures based on sampling, which the Clinton administration will also provide. Methodological problems are likely to make these numbers unreliable, but the case for using them becomes stronger if many Americans refuse to fill out their forms.

If Americans don't trust their government today, wait till they see what happens if they leave census forms blank. The result won't be smaller government. It will be government by guesswork. Faulty data will drive funding decisions about housing, education and other programs, and will be used as evidence in discrimination suits involving bank loans, employment and contracting.”

Fortunately, I was able to speak with a representative from Congressman Blaine Luetkemeyer’s office who gave me some additional information. He said that there is a penalty for not answering the questions, but as of now nobody has been charged or fined for not answering all the questions. If it were me, I would not risk it, but at the same time we ought to be a conscience for our federal office holders and ask them to exercise integrity. Since there is an election coming up, this is the perfect opportunity to let them know that the census should be limited to just counting people- real people and not imagined numbers added after the fact. This is the only way for us to have a fair and principled government.

Links to Other Related Articles

Ø 2010 Census Stirs Up Partisan Politics
Ø The Census and the Constitution
Ø US Census Bureau’s 2010 homepage.

Your thoughts are important to me, so please let me know what you think about the census. You can send me your opinion by clicking here: Cynthia Davis

A Little Bit of Humor…

Census-less-ness (n.): A peculiar kind of population survey that puts housewives, prostitutes and beggars in the same category.

Roorda: Budget Relief Possible, Unemployment Claims, Public Defenders Can't Refuse New Cases

STATE COULD GET NEARLY $400 MILLION IN BUDGET RELIEF

Congress on Aug. 10 gave final approval to a $26 billion extension of stimulus programs, with Missouri expected to receive nearly $400 million for Medicaid and public schools. State Budget Director Linda Luebbering said Missouri could get up to $210 million for the state's Medicaid program and $189 million for schools. As much as possible, Gov. Jay Nixon's administration wants to use the federal funds to free up state general revenue that can be saved to bolster next year's budget, which is expected to have a $600 million shortfall.

To read the entire article click here.

Unemployment Telephone Lines

The Division of Employment Security telephone lines will close on Thursday, August 12, for one day only. During this time, all Claims Center staff will be making calls to those who have been identified as potentially eligible for either Emergency Unemployment Compensation (EUC08) benefits or Extended Benefits (EB).

Over 50,000 letters were sent last week to potential claimants advising them to contact us in regard to their claims. Consequently, the department has received an enormous amount of calls.

So on Thursday, the Division of Employment Security will attempt to reach many of those claimants possible who have not been able to get through the telephone system. Calls will also be made by DES staff on Saturday to identified claimants.

JUDGE SAYS PUBLIC DEFENDERS CAN'T REFUSE NEW CASES

Christian County Circuit Judge John Waters on Aug. 10 ruled that the Missouri State Public Defender's Office can't refuse to accept new clients due to excessive caseloads. Officials with the public defender's system, however, noted that the Missouri Supreme Court has already ruled that it can and plan to appeal Waters' decision.

Public defenders offices in several of Missouri's judicial circuits have started refusing to accept new clients and other offices are considering doing so. The system has cited the lack of sufficient resources to cope with caseloads that far exceed professional standards. While acknowledging that public defenders are overburdened, Waters said criminal defendants have a constitutional right to an attorney and that the system can't turn away indigent clients who qualify for representation.

The Supreme Court last year struck down rules that sought to allow the public defender system to refuse to accept certain types of cases but said the system can be closed to all new clients when caseload limits are exceeded.

If there is anything I can do for you, please do not hesitate to contact my office. I enjoy serving my constituents as "their" voice in the Missouri State Capitol.