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Showing posts with label 95-HB1868. Show all posts
Showing posts with label 95-HB1868. Show all posts

06 July 2010

Kraus: Standing on Principle

You may have seen my name in the news recently when the Speaker of the House removed me from the Job Creation and Economic Development Committee.  I wanted to take this opportunity to explain.

Standing on principle, I refused to guarantee House leadership my vote on a bill to be brought before the committee before the bill was even heard or discussed.  My firm stand caused me to be removed from the committee ten minutes before it began. The vote in question was the committee vote on the Manufacturing Jobs Act, which proposes to allow companies up to $10 million per year in tax incentives.

Work in committee is to hash out the specifics of a bill, hear both sides, and decide if a bill is good for the taxpayers or not.  I was in Jefferson City, ready to listen, but I was told to vote 'yes' regardless of testimony and discussion and without knowing the final language of the bill. That is too much like business-as-usual in Washington, D.C.  I simply couldn't guarantee to vote yes or no.

On June 30, the newspaper in Jefferson City, the News-Tribune, reported on the story and had this to say about my removal on its editorial page, "A lawmaker elected to represent constituents doesn't deserve to be benched for pledging to listen to reasoned debate and cast an informed vote on an issue.  Those are the types of abuses that give politics a bad name."

In good conscience, I can't just be a 'yes' man for House leadership and forego thinking about what is best for my constituents.

According to the Speaker's office, other members were removed from a committee because they were not present at the Capitol to vote.  For more information, you can click on this link to an article by the Associated Press:  Kraus Removed from Special Session Committee.

I-470/US50 Half-Diamond Interchange Ready for Public Use

Traffic operations at Interstate-470 and US 50 in Lee's Summit will soon flow easier and smoother now that the Missouri Department of Transportation (MoDOT) completed the Split-Diamond Interchange in this busy area of Lee's Summit. The Half-Diamond Interchanges at Pryor Road and Blue Parkway were finished last year, and now traffic will be able to access each end with the use of the new connector roads that opened Monday, June 28.

The connectors officially complete this $45 million project that was designed to improve traffic operations for the more than 130,000 vehicles that use the junction of I-470 and Routes US 50/MO350. Spanning U.S. 50 and MO 350, these roads join the two half-diamond interchanges, creating what is commonly referred to as a Split-Diamond Interchange.  Motorists traveling on I-470 will now have access to each area of the completed interchange, allowing for more efficient travel and traffic congestion relief throughout the area.

Gov. Nixon Signs Bills into Law

Governor Nixon has signed the following bills into law.  For more detailed information about each bill, please click on the bill number and you will be taken to the state website where the bill and other pertinent information is posted.  In my next newsletter, I'll have information on other bill signings.

HB 1965 - Repeals various expired provisions of law, changes the laws regarding certain state publications, and establishes a joint committee on Missouri's future and a committee on accountability

HB 1643 - Changes the laws regarding certain documents recorded with the county recorder of deeds

HB 2070 - Changes the laws regarding joint central fire and emergency dispatching services taxes

HB 1868 - Changes the laws regarding keys to the Capitol dome, state agencies, and MO HealthNet claims and establishes the Joint Committee on the Reduction and Reorganization of Programs within State Government

SB 649 -Requires the Governor to issue an annual proclamation designating March 12th as "Girl Scout Day"

HB 1662 - Authorizes the State Veterinarian to restrict the movement of animals or birds under investigation for the presence or suspected presence of a toxin

SB 808 - Modifies compensation and continuing education requirements for public administrators

SB 1007 - Amends various requirements for public assistance programs administered by the state

SB 842 - Modifies provisions relating to public assistance programs administered by the state

SB 739 - Modifies the provisions governing fire department employee residency requirements

HB 2081 - Specifies that a pregnant woman may use deadly force if she reasonably believes that deadly force is necessary to protect her unborn child against death, serious physical injury, or any forcible felony

HB 1898 -Establishes the Women's Heart Health Program to provide heart disease risk screenings to certain uninsured and underinsured women

SB 586 - Regulates sexually oriented businesses

04 July 2010

Holsman: End of Session Report

Dear Friends,

I want to start by wishing you all a Happy Independence Day! I hope that you and your family have a fun, safe, and relaxing Fourth of July. Let us not forget the sacrifices that have been made throughout the years to protect the liberties and freedoms that we, as Americans, hold dear. From our founding fathers to the soldiers, sailors, airmen, marines, and coast guardsmen currently serving in our armed forces, we all owe a debt of gratitude to those men and women who have helped make this country great.

This End-of-Session newsletter is prepared especially to keep you connected and informed. The budget shortfalls dominated a majority of our legislative efforts. Issues we all care deeply about - education, healthcare, energy and the environment, law enforcement, taxes - were carefully deliberated.

In this newsletter are brief summaries of some successful bills. Detailed summaries and full pdf copies of all the bills that passed can be found at: http://house.mo.gov. All bills are sent to the Governor for his approval before becoming law.

Now that the legislative session has come to a close, I look forward to spending more time at home, talking with constituents and learning about the issues most important to south Kansas City and Grandview. Whether here or in Jefferson City, I am humbled by this opportunity to serve.

Warmest regards,

Jason

Property Assessed Clean Energy


The Property Assessed Clean Energy Act, originally sponsored by Rep. Jason Holsman as House Bill 2178, passed as an amendment on House Bill 1692. Property Assessed Clean Energy, or PACE, grants municipalities the authority to issue bonds to provide homeowners with funding to install energy efficiency improvements or energy-generation systems on their properties. These improvements would be paid for over time by the homeowner through a higher assessment of their property. Therefore the bonds will be paid off only by the citizens who take advantage of the program. The PACE program will allow homeowners and residents to save money on their utility bills by reducing their net energy consumption and will create 'green-collar' jobs by putting people to work building and installing energy efficient improvements.

Urban Farming


House Bill 1848, sponsored by Rep. Jason R. Holsman, creates a Joint Committee on Urban Farming to explore ways to provide inner city residents with improved access to healthy food. The 10-member committee is charged with studying and making recommendations regarding the impact of urban farm cooperatives, vertical farming, and sustainable living communities. The committee will also examine various trends in urban farming; existing resources and capacity; the impact on affected communities; and any needed legislation, policies, or regulations.

Stronger DWI Penalties


House Bill 1695, 1742 & 1674 creates stronger penalties for DWI offenders. The bill requires drivers with blood-alcohol levels of at least 0.15 percent to spend 48 hours in jail, and those with at least 0.2 percent to spend at least five days in jail, unless they complete the requirements of a DWI court or docket or other court-ordered treatment. In addition, the bill allows any circuit court to set up a DWI docket or court for repeat offenders or those whose blood-alcohol content exceeds 0.15 percent. Several Missouri courts already offer DWI Courts, which allow repeat DWI offenders to avoid jail time while receiving treatment for alcohol abuse.

The bill also requires state courts to handle any DWI case involving a defendant with two or more alcohol-related contacts with authorities or intoxication-related traffic offenses, requires police and prosecutors to adopt policies for reporting information on DWI offenses to a central databank, increases the minimum jail time for previous DWI offenders from five to 10 days, and increases the minimum jail time for a persistent offender to 30 days.

Ethics Reform


Senate Bill 844 is an ethics reform package designed to increase transparency and accountability in the political process. One provision of the bill addresses the issue of political money laundering by restricting committee-to committee transfers of campaign donations. The bill limits the number of political committees and makes it a crime to transfer committee funds with the intent to conceal the source of the original funds.

The bill also gives additional authority to the Missouri Ethics Commission to launch investigations. Under current law, the commission can act only after receiving a complaint. Senate Bill 844 allows the commission to launch an investigation after a unanimous vote of all six commission members. The bill also creates the crime of obstructing an ethics investigation.

In addition, the bill requires that campaign contributions made during a legislative session in excess of $500 be reported within 48 hours. The bill also makes it a crime for an elected official to offer a job to a lawmaker in exchange for votes. Senate Bill 844 also creates new crimes for lobbyists who do not properly report how much they spend on meals and gifts for state officials.

Autism Insurance Reform


At left: Representatives Grill & Holsman with Governor Nixon at the signing ceremony of Missouri's Autism Insurance bill.

House Bill 1311 & 1341 requires state-regulated group insurance policies to provide coverage for children with autism spectrum disorders. The legislation requires group insurance policies to provide coverage for applied behavioral analysis services (ABA) for autistic children age 18 and younger. The coverage will have an annual cap of $40,000 and will be adjusted at least once every three years for inflation.

The bill also establishes a state Behavior Analyst Advisory Board under the State Committee of Psychologists within the Division of Professional Registration. The new board will be charged with establishing and overseeing licensure and registration requirements for behavior analysts and assistant behavior analysts who provide therapies for children with autism spectrum disorders.

In addition, House Bill 1311 & 1341 provides an exemption to businesses with 50 or fewer employees that show the mandate increased their premiums by at least 2.5 percent compared to the previous year.

College Scholarships


Senate Bill 733 addresses the discrepancy between scholarship money available to private and public school students through the Access Missouri program. Under current law, students who attend private and public schools are eligible for disparate award amounts. Senate Bill 733 raises the maximum scholarship to $1,300 for community college students and sets it at $2,850 for students at either public universities or private institutions, starting in 2014.

Senate Bill 733 also modifies the Bright Flight scholarship program. Most significantly, the bill ensures that students who score in the top 3 percent with their ACT or SAT scores receive Bright Flight merit scholarship awards before those who score in the top fourth or fifth percent. Bright Flight eligibility will expand to the top 5 percent next year under a new state law.

In addition, the bill addresses students who elect to join the armed forces. These students who qualify for a Bright Flight scholarship may defer their award and receive it at a later date, as long as they return to full-time student status within six months of the end of their military service.

Veterans Omnibus Bill


At right: Representative Jason R. Holsman meeting with a World War II veteran in the Missouri State Capitol.

House Bill 1524 & 2260 will make it easier for military members serving overseas to vote. The bill requires the Secretary of State to establish procedures for overseas voters to request voter registration applications and absentee ballot applications. The legislation also requires that at least one form of electronic communication for use by absent uniformed services and overseas voters must be designated for requesting voter registration applications and absentee ballots.

The bill also authorizes the governor to present a Legion of Merit Medal to individuals who have exceptionally meritorious conduct in the performance of outstanding military service and achievement reflecting honorably and creditably upon the state. In addition, the governor can present a campaign ribbon to individuals who have served in direct support of several military campaigns. The ribbons will include a Missouri Iraq Campaign Ribbon, a Missouri Afghanistan Campaign Ribbon, a Missouri Kosovo Campaign Ribbon, and a Missouri Vietnam Campaign Ribbon.

Other provisions of the bill specify that the State of Missouri recognizes the designations of Prisoner of War (POW) and Missing in Action (MIA) as valid descriptions of casualty status and category classification for military personnel; require the Adjutant General to establish the Missouri Youth Challenge Academy for at-risk high school age youth; and require all state agencies and political subdivisions to give a three-point bonus preference to a service-disabled veteran business operating as a Missouri business when letting a contract for the performance of any job or service.

Downsizing Government


House Bill 1868 reduces the size of state government and authorizes the formation of a committee to study the potential for additional downsizing in the future. The bill will save the state millions of dollars by transferring the powers and duties of the State Water Patrol to the newly established Division of Water Patrol within the State Highway Patrol. The bill also establishes the Joint Committee on the Reduction and Reorganization of Programs within State Government. The 14-member committee must publish a report by December 31, 2010, with recommendations for reducing, eliminating, or combining state programs and departments.

School Safety


At left: Rep. Holsman with a group of students from Boone Elementary

House Bill 1543 contains a number of provisions focused on school safety and improving the working environment for school staff . The bill gives school boards more authority to establish discipline codes. It also expands immunity for school employees who follow established discipline policies. Another provision of the bill defines cyber-bullying to include the use of computers, the Internet, and phones to bully a student.

The legislation also provides school districts with additional budget flexibility during times when funding is limited. For the next three fiscal years, the bill suspends the requirement that school districts spend one percent of state funding on professional development. The legislation allows a school district to spend the money at its discretion. The change will free up approximately $30 million in education funding for schools across the state.

Extraordinary Session


In June, Governor Jay Nixon called the Missouri General Assembly back to Jefferson City for a special "Extraordinary Session" to consider a tax incentive bill to potentially save thousands of jobs at a Ford Motor Company manufacturing plant in the Clay County. The bill has been subject to The Missouri State Capitolsome controversy, as the suggested funding mechanism for these job-saving tax incentives is a reduction in the pensions of Missouri State employees, who are already among the lowest paid state employees in the nation. The House of Representatives was in session June 24th through June 29th discussing this bill. After the bill has worked its way through the Senate, it will return to the House for further consideration on July 7th and 8th. I will keep you updated about the progress of this bill as it moves through the legislative process.

08 June 2010

Gatschenberger: Missouri's Budget, End of Session Legislative Summary and Town Hall Invitation

Town Hall Report

As promised… the following is a summary of the budget information covered at our last Town Hall Meeting.   Although the material may be a bit technical, I believe it is worth your time to understand our State's Budget.  If you have questions, please don't hesitate to contact my office.

I. FY 2011 MISSOURI STATE BUDGET SUMMARY (May, 2010)

State Fiscal Year 2011 (July 1, 2010 – June 30, 2011)
Total Missouri State Operating Budget$23,274, 922,486
State General Revenue7,260,461,973
Federal Budget Stabilization (unrestricted)572,388,526
Federal Budget Stabilization (education)287,037,940
Federal Funds7,035,061,286
Other Funds

(Highway & Road Funds; Lottery & Gaming Proceeds;

Conservation, Parks Soil & Water; Outstanding Schools Trust Fund, etc)
8,119,972,761
That $7.3 billion Net State General Revenue is derived from:
  • $4.8 billion or 66.4% from Individual Income Tax
  • $1.8 billion or 24.4% from Sales and Use Tax
  • $0.4 billion or 4.9% from Corporate Income Tax
  • $0.3 billion or 4.3% from Other Taxes
Largest Expenditures of Net State General Revenue:
  • $2.8 billion or 38.9% for Elementary & Secondary Education
  • $2.3 billion or 31.9% for Social Services, Health & Senior Services and Mental Health
  • $0.9 billion or 12.5% for Higher Education

II. Missouri State Budget History

Normal/Average Net State General Revenue (GR) growth is + 3 to 4% more than the previous year's collections.  Over the last 10 years, it has been as low as (-) 3.2% in FY 2002 and as high as +9.2% in FY 2006

In FY 2009, last year, net tax collections dropped by what was at that time, was "the largest percentage drop" of minus (-) 6.9% below the previous year's revenues.  This drop resulted in actual net GR collections for FY 2009 of $7.4 billion, which is equal to the amount the state collected in FY 2006.

Missouri's Constitution requires that the Governor use line-item vetoes and/or withholding of funds from state agencies and programs when actual revenue collections drop below budgeted collections.  In FY 2009, the Governor withheld and reduced spending authorizations by $272.0 million.

The FY 2010 budget that we are currently getting ready to end on June 30 was built on estimated revenue growth of positive + 1.0%.  However, our national and state economies, driven by record unemployment of nearly 10%, have resulted in revisions that net GR collections could drop by more  than minus (–) 9.0%!  As a result of this shortfall, the Governor has vetoed or withheld more than $900.0 million of GR expenditures by state agencies and programs this year.

The American Recovery & Reinvestment Act of 2009 has provided one-time Federal Budget Stabilization and targeted one-time Federal Stimulus Funds to the states.

Federal Budget Stabilization Funds (FBS) are provided over a 27-month period from Oct 2008 thru Dec 2010.  These one-time funds total approx'ly $2.4 billion that have been used to shore up the state budgets for (last year) FY 2009 and (this year) FY 2010.

Federal Stimulus Funds totaling another $2.6 billion are available for one-time "targeted and competitive" grants for state and local programs such as: job training, law enforcement, energy projects, unemployment benefits and broadband.

III. Special Circumstances for the FY 2010 Missouri State Budget

The original revenue estimate made 18 months previous for the FY 2011 budget was an optimistic + 3.6%.  However, as a result of the drastic reductions in state revenue in FY 2009 and 2010, the more recent revised estimate is a modest +2.2% growth on a much lower base of $6.7 billion of net GR in FY 2010.

On January 20 of this year, the Governor recommended a budget for FY 2011 that assumed the + 3.6% growth.  His spending proposals also included use of an additional $300.0 million of one-time "Extended" Federal Budget Stabilization Funds above and beyond the 27-month period of the 2009 American Recovery & Reinvestment Act.   These additional one-time Extended Federal Budget Stabilization funds had been proposed in federal legislation, but have not yet been approved by Congress.

In March, the Governor asked the House and Senate Budget Committees to cut the budget he proposed for FY 2011 by $500.0 million.  The Governor's request to the General Assembly was to cut $200.0 million due to the FY 2011 revised general revenue estimate from + 3.6 to + 2.2% and his acknowledgement that the state may not receive the $300.0 million of Extended Federal Budget Stabilization Funds that he had included in his budget.  The House and the Senate worked together to make the very difficult and unpopular decisions to cut $484.0 million of GR from the FY 2011 budget that was proposed by the Governor in January.

In May, the Governor announced that he plans to cut $350.0 million more from the FY 2011 budget approved by the Legislature because some proposed budget-related legislation did not pass, the administration does not agree with some assumptions in the appropriations and monthly collections continue to fall below estimates.

IV. Challenges to the FY 2012 Missouri State Budget

The one-time Federal Budget Stabilization Funds totaling $860.0 million (see page 1 – the $572 million and $287 million) will be gone after the state FY 2011 budget.

Even if we get the Extended $300.0 million of FBS, we still have somewhere between $560 to $860 million MORE TO CUT from the base of the FY 2012 budget before we can even consider the increases that will be requested for the School Foundation Formula, Higher Education, Medicaid , Corrections, Public Safety, etc.

V. Highlights of the FY 2011 Missouri State Budget

  • Flat funding for School Foundation Formula ($3.4 billion from all Funds)
  • $15.0 million reduction to Foundation Transportation ($153.0 million)
  • 5.2% or $50.0 million reduction in direct aid to Higher Education Institutions and Community Colleges ($911.0 million)
  • $13.0 million cut in funds for Access Missouri need-based Scholarships ($83.0 million)
  • $20.0 million reduction to state employee benefits
  • $6.0 million reduction on Biodiesel subsidies ($13.4 million)
  • $6.0 million reduction to Tourism ($13.9 million)
  • $7.5 million additional for Corrections inmate health & mental health care ($136.6 million)
  • $5.6 million additional for caseload growth in the Dept of Mental Health
  • $16.5 million additional for Medicaid Home & Community Services in the Dept of Health & Senior Services
  • $30.6 additional for Medicaid caseload growth in the Dept of Social Services

Please be my guest!

What:  Town Hall Meeting
When:  Thursday, June 24th – 7:00 pm
Where:  Wentzville City Hall – 310 W Pearce Blvd
Why:  Information on what the University of Missouri Extension Office can do for you as an individual… or as a small business. Scott Killpack from the University of Missouri Extension Office in St. Charles County will explain what is available and how you can take advantage of their services.  For example… did you know they can help you with your yard problems?  Your health & nutrition questions?  Your small business ideas?  Your needs as a dislocated worker?  Your family financial maze?


Also, James Gremaud from the Missouri Department of Transportation will be on hand to give you an update of MoDot projects in the 13th District and get your thoughts on Truck Lanes.

You won't want to miss this very important information session… so please mark your calendars now!

More than 70 people attended my last Town Hall Meeting in Wentzville

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

24 May 2010

Roorda: Next Legislation Session "The Perfect Storm", At Least 65 Members In Next House Will Be Freshmen

Greetings!

After more than four months of head-scratching, hand-wringing, late nights, early mornings and lots of hard work, the Missouri Legislature concluded its regular 2009-2010 session on May 14th, following several days of intense floor activity, marathon session days and joint assemblies "burning the midnight oil". With the bang of the Speaker's gavel, the 2nd Regular Session of the 95th General Assembly came to a close.  Members of the Missouri House engaged in the traditional paper-toss, clearing their desks of documents accumulated during a session that resulted in the passage of a mere 74 House bills (1,328 bill filed) and 32 Senate bills (528 bills filed).

Although 2010 was a tough legislative session, it has already been established that the 2011 legislative session will be even tougher, as the state budget director, Linda Luebbering, projects that the state's revenue will again take another blow.

In the movie "The Perfect Storm", the force of nature that takes the life of the fishing boat sailors forms due to the combination of four violent weather systems.  I see a similar combination coming together in the 2011 Missouri Legislature.

With a full blown budget crisis, combined with the uncertainties of term limits, redistricting, and the coming fall elections, the potential for disaster is great.

Now is our moment of truth.  The number one priority for the 2011 Missouri House of Representatives will be to fully fund the foundation formula for public education.  Education equals opportunity.

Term Limits To Take Second-Biggest Bite Out of House of Representatives

The remaining members of the largest freshman class in the history of the Missouri House of Representatives will be forced out office at the end of the year as the same legislative term limits that made it possible for many of them to win their seats in 2002 will bar them from seeking re-election in 2010. With the conclusion of this year's legislative session on May 14, that means their careers in the House are all but over, although they will convene for a final time in September for their annual veto session.

Missouri voters overwhelmingly approved legislative term limits in 1992, but they only applied to terms won at subsequent elections, which delayed the first limits-induced mass exodus to the 2002 elections. Lawmakers are restricted, with some exceptions, to serving no more than eight years in the House and eight years in Senate.

Due in large part to the implementation of term limits, 90 new House members won office in 2002, making that year's freshman class a sizable majority in the 163-member chamber. Some members of the 2002 election class left early or were defeated for re-election, leaving 52 of them remaining to be termed out.

With another 13 representatives who are eligible to seek re-election this year choosing not to, that guarantees there will be at least 65 new House members elected in 2010, making the next freshman class the second largest in history with about 40 percent of the seats.

Downsizing Government

We also gave final approval to legislation that will reduce the size of state government. HB 1868 will transfer the powers and duties of the State Water Patrol to the newly established Division of Water Patrol within the State Highway Patrol. The change could save the state millions of dollars each year. The bill is similar to legislation I sponsored (HB 2417).

Motor Vehicle Franchises Practices Act

This session we also gave final approval to legislation that will change the laws regarding the Motor Vehicle Franchise Practices Act. HB 2198 is necessary because contracts between manufacturers and dealers are currently non-negotiable, which makes it difficult for franchisees to stay in business. The legislation we approved will create a more equal relationship between auto dealers and manufacturers, preventing abuse by manufacturers and giving dealerships more freedom and site control of their businesses. In addition, the bill places additional restrictions on manufacturers regarding what they can require from a dealership.

Fire Department Residency Requirements

Another piece of legislation passed this session (SB 739) will allow St. Louis firefighters to live outside the city. Under the bill, city firefighters who have been in the department for 7 years will be able to live outside the city as long as they are within an hour from their home fire station. This change will create a policy similar to the one under which the city's police officers currently operate.

Emergency Dispatching Services Taxes

Legislation I sponsored to give additional budget flexibility to fire protection districts in Jefferson County was added to a bill that received final approval from the General Assembly this session. The bill I sponsored (HB 1663) was amended onto HB 2070. The provision I added will allow fire protection districts in Jefferson County that have levied property taxes and imposed any communications tax for central fire and emergency dispatching services to use, upon voter approval, the property tax revenue for general revenue purposes

Emergency Services

Another bill I sponsored (HB 1282) was added to legislation that received final approval from the House and Senate. HB 1977 requires all basic life support ambulances and stretcher vans to be equipped with an automated external defibrillator. It also requires the equipment be staffed by at least one person trained in its use.

Upcoming State Budget $350 Million Out of Balance

Gov. Jay Nixon will need to cut $350 million from the $23.27 bill state operating budget for the fiscal year beginning July 1, State Budget Director Linda Luebbering announced on May 18. Nixon can accomplish the savings by using his line-item veto to reduce or eliminate certain spending items before signing the budget bills into law, by imposing spending restrictions once the budget year begins or a combination of both, which is what he did last year.

When it granted final passage to the FY 2011 budget bills last month, the General Assembly had cut $484.23 million in general revenue from the proposed budget Nixon had presented in January. The legislature's reductions were on top of the roughly $300 million in spending cuts Nixon called for in his original proposal. Despite those actions, however, most lawmakers acknowledged that the budget that cleared the legislature remained significantly out of balance.

Luebbering attributed the remaining $350 million deficit to three factors: The lack of passage of several key pieces of legislation that had been counted on to reduce expenses or boost revenue; unrealistic assumptions by budget writers concerning certain costs; and the continuing failure of monthly state revenue collections to meet estimates.

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.

20 May 2010

Roorda: Session "Mercifully" Closes, Watered-Down Bills, Merger Made In Heaven

The 2010 legislative session mercifully came to a close last week, with the Republican-controlled House of Representatives passing little of importance and not even making the pretense of an effort to do so, with the fewest number of bills since 2000 winning final approval.

"The Missouri Constitution requires the General Assembly to do only one thing - pass the state budget, and this year that's basically all it did," said House Minority Leader Paul LeVota, D-Independence. "From the outset, House Republicans made debating inconsequential non-binding resolutions to Congress their top priority. They set out to do nothing and got their wish - a non-binding legislative session that produced little of substance."

Perhaps the session's biggest disappointment was the General Assembly's failure to put the state on sound financial footing. Despite reducing spending authority by about $800 million from current appropriations, the $23.27 billion state operating budget lawmakers passed for the upcoming fiscal year isn't balanced and will require the governor to impose additional cuts.

House Democrats pushed for a balanced approached to break the cycle of declining revenue collections and reductions in vital state services that Missouri has been trapped in for most of the last decade under Republican control of the legislature. In particular, House Democrats sought reform of the more than 60 tax credit programs, which cost the state about $600 million a year in lost revenue, and elimination of various special tax exemptions, such as that granted on the purchase of luxury yachts.

"Cutting alone may get the state through the year, but it leaves lawmakers with the same problem next year only worse," said Assistant House Minority Leader J.C. Kuessner, D-Eminence. "The legislature cannot continue putting off the hard work of establishing long-term financial stability."

The session's few accomplishments included passing a bill to require state-regulated insurance companies to provide coverage for the diagnosis and treatment of children with autism -- a long-time priority of House Democrats - and enacting legislation to crack down on repeat drunken drivers.

And although lawmakers approved modest improvements to state ethics laws, the bill failed to include several key reforms such as reinstating campaign contribution limits, closing the revolving door between the legislature and special interest lobbying and banning elected officials from simultaneously working as paid political consultants

Drink. Drive. Go to Jail.  Really?

roorda speaking"If mixed drinks were as watered down as this bill, we'd have a lot less drunks on the street." –Jeff Roorda

Missouri lawmakers on May 13 unanimously approved an overhaul of the state's driving while intoxicated statutes that seeks to crackdown on repeat drunken drivers while diverting more offenders into treatment programs. Gov. Jay Nixon, who had asked lawmakers to reform Missouri's DWI laws, is expected to sign the bill [HB1695] into law.

The bill would require municipal DWI violations to be tried in state court, where punishments tend to be higher, rather municipal court if a driver has two or more previous offenses and prohibits offenders caught driving with a blood alcohol content of .15 or higher from receiving a suspended imposition of sentence, which allows offenders to avoid a conviction by completing probation. Missouri's legal BAC limit is .08. But the bill would allow some offenders to have their driving privileges partially reinstated earlier if they successfully complete a treatment program.

Lawmakers removed from the final bill a section dubbed by opponents as the "vampire provision that would have allowed police to forcibly extract a blood sample from DWI suspects without a warrant. Opponents argued the provision would violate constitutional protections against warrantless searches. Citing statistics from the Missouri Highway Patrol, The Associated Press reported that nearly 35,000 motorists were arrested for driving while intoxicated in Missouri in 2009.

Read St. Louis Post Dispatch May 14th article:  Bill that creates DWI courts headed to Gov. Jay Nixon's desk

Final Ethics Reform Bill a Modest Improvement Over Existing Law

The House of Representatives today voted 153-5 to grant final passage to ethics reform legislation that strengthens state law in several areas but fails to include important reforms championed by House Democrats, such as reinstating campaign contribution limits and prohibiting lawmakers from doing paid political work.

The final version of SB 844, which the Senate passed 32-1, was stripped of dozens of controversial provisions that House Republicans had loaded it up with, such as requiring Missourians who attempt to contact lawmakers other than their own to register as lobbyists and imposing stringent identification requirements designed to disenfranchise voters.

"Passage of this bill serves as a resounding repudiation of the sham ethics legislation House Republicans attempted to foist upon Missourians under the guise of reform," said House Minority Leader Paul LeVota, D-Independence. "Although this bill leaves several vital reforms unaccomplished, it is a modest improvement over existing law. However, in the universe of possibilities, this is nowhere near the best bill that could have passed."

The House version of SB 844 resulted in uniform statewide criticism of House Republicans. The Warrensburg Daily Star-Journal called the House version "a perversion of ethics," while The Kansas Star said it "set a new bar for skullduggery and cynicism" and the St. Louis Post-Dispatch dubbed it the "Omnibus Bad Idea Act of 2010."

Unfortunately, key reforms didn't make it into the final bill. One would have outlawed the practice of lawmakers simultaneously running political consulting businesses, a practice that creates inherent conflicts of interest when a lawmaker/consultant can control the fate of his client's legislation. Another called for imposing a waiting period before lawmakers who leave the General Assembly can become lobbyists. And most importantly, the bill fails to reinstate campaigns contribution limits, which were originally imposed by Missouri voters but repealed by Republican lawmakers in 2010.

"This bill is a small step forward, but much remains to be done to improve accountability and integrity in state government," said Assistant House Minority Leader J.C. Kuessner, D-Eminence.

Read the St. Louis Post Dispatch May 14th article:
Ethics chairman calls bill headed to Gov. Jay Nixon "ethics lite"

Read the Kansas City Star May 14th article: "Ethics Reform On A Diet"

Merger Made In Heaven

JEFFERSON CITY, Mo. -- The Missouri State Water Patrol would become a division of the State Highway Patrol under legislation [HB1868] heading to the governor. Lawmakers gave the merger final approval Friday in the final hours of their annual session.

Gov. Jay Nixon suggested combining the Highway and Water patrols to save money. Supporters say the move could save millions of dollars.

The bill also would create a committee to consider other ways to reduce government services and spending. The 14-member committee will meet over the summer.

Lawmakers removed a provision that would have greatly changed the role of the state Alcohol and Tobacco Control division from enforcement to mainly regulation.

K2 Ban Bill Sent to Governor

A synthetic substance that law enforcement officials say mimics the effects of marijuana would be banned under legislation [HB1472] the General Assembly sent to Gov. Jay Nixon on May 13. The substance is applied to a mixture of dried herbs and sold under several brand names, one of the most common being K2. The punishment for possession would be similar to that for marijuana, with possession of 35 grams or less a misdemeanor and possession of larger amounts elevated to a felony.

To Read the KPLR story click here.

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.

Nance: Monsignor Retires, Session Recap


Pictured above, Lawson resident Bob Lammers' brother, Monsignor Donald W. Lammers led the House in prayer for many years before retiring last week.


Below is a report by House Communications on the last week of session.

2010 Legislative Session Concludes


With the bang of the Speaker's gavel, the 2nd Regular Session of the 95th General Assembly came to a close at 6 p.m. Friday. Members of the Missouri House engaged in the traditional paper-toss, clearing their desks of documents accumulated during a session that resulted in the passage of 74 House bills and 32 Senate bills.

After the papers settled, legislative leaders met with the press to discuss some of the priority legislation approved by the House and Senate. Bills now on their way to the governor's desk to be signed into law address issues such as ethics reform, insurance coverage for autism, strengthened DWI penalties, new regulations for sexually oriented businesses and additional informed consents requirements for abortion.

Ethics Reform Package Receives Final Approval


On the final day of the legislative session, the Missouri House gave final approval to an ethics reform package designed to increase transparency and accountability in the political process. The House approved SB 844, handled in the House by Rep. Tim Jones, R-Eureka, by a vote of 153-5.

"This is one of the most aggressive ethics packages in this country and it will make a difference. It will make government more transparent. It will make campaign finance more transparent. It will make us more accountable. And it will make the citizens of our districts more proud of the work we do up here in a fine and transparent fashion," said Jones.

One provision of the bill would address the issue of political money laundering by restricting committee-to-committee transfers of campaign donations. SB 844 would limit the number of political committees and make it a crime to transfer committee funds with the intent to conceal the source of the original funds. Rep. Tim Flook, R-Liberty called the provision one of the most important in the bill.

"With this bill, we're eliminating as many as, I've heard by one estimate, almost 700 political committees that were used to transfer donations, that were used to launder money in some cases, hiding donations in other cases," Flook said. "Those committees going away is a major, major change in our state and I think that puts Missouri on the cutting edge of ideas for ethics reform. The public deserves to know who you receive support from."

The bill also gives the additional authority to the Missouri Ethics Commission to launch investigations. Under current law, the commission can act only after receiving a complaint. SB 844 would allow the commission to launch an investigation after a unanimous vote of all six commission members. The bill would also create the crime of obstructing an ethics investigation.

In addition, the bill would require that campaign contributions made during a legislative session in excess of $500 be reported within 48 hours. The bill would also make it a crime for an elected official to offer a job to a lawmaker in exchange for votes. SB 844 would also create new crimes for lobbyists who do not properly report how much they spend on meals and gifts for state officials.

While the legislation received strong bipartisan support, some members said the bill represents only the first step of many toward true ethics reform.

"I think that we have begun the conversation about ethics reform. I look forward to being back next year and in the interim to make sure we can improve upon this, but I think it would be a huge mistake to call it comprehensive," said Rep. Jason Kander, D-Kansas City. "On the other hand, I think that we have done something to improve the law. I am proud of that and I look forward to immediately after taking this vote, getting to work with everybody else on accomplishing true, comprehensive ethics reform."

The bill now moves to the governor's desk to be signed into law.

General Assembly Approves Bill to Enact Stiffer Penalties for Drunken Drivers


The Missouri General Assembly passed legislation Thursday that would create stronger penalties for DWI offenders. HB 1695, 1742 & 1674 is sponsored by Rep. Bryan Stevenson, R-Webb City, who said the bill contains a wide range of provisions dealing with drunken driving offenses.

"This bill overall is a good balance between increased treatment for first time offenders that find themselves in an unusual situation ….and increased stiffer penalties for individuals with a chronic drinking problem who have a real addiction issue," Stevenson said. "It's going to cost very little because we are going to divert some individuals out of the prison system, and the number of people not sitting in prison will be in treatment and on continuous alcohol monitoring," Rep. Stevenson said.

The bill would require drivers with blood-alcohol levels of at least 0.15 percent to spend 48 hours in jail, and those with at least 0.2 percent to spend at least five days in jail, unless they complete the requirements of a DWI court or docket. In addition, the bill would allow any circuit court to set up a DWI docket for repeat offenders or those whose blood-alcohol content exceeded 0.15 percent. Several Missouri courts already offer DWI Courts, which allow repeat DWI offenders to avoid jail time while receiving treatment for alcohol abuse.

The bill would also require state courts to handle any DWI case involving a defendant with at least two alcohol-related contacts with authorities, require police and prosecutors to adopt policies for reporting information on DWI offenses to a central databank, increase the minimum jail time for previous DWI offenders from five to 10 days and increase the minimum jail time for a persistent offender to 30 days.

Rep. John Burnett, D-Kansas City, was satisfied with the final version of the bill. "I think this will be the first DWI bill I've voted for since I've been here," Burnett said to Stevenson. "I think that you have struck a great balance with this bill. I've been a great critic of increasing penalties and thinking that penalties alone will deter drunk driving and make our highways safe. This bill does increase penalties, but it also focuses on the treatment aspects and I wanted to thank you publicly for that."

However, Rep. Jeff Roorda, D-Barnhart had mixed feelings about the legislation, which had several provisions removed when it was approved by the Senate.  "If mixed drinks were as watered down as this bill, we'd have a lot less drunks on the street," said Roorda, a former police officer. "This is a little bittersweet because we've fallen a little short of our wide-eyed imaginings, but let's cut to the positive. There is expansion to DWI courts. There are controls over these third time convictions of DWIs in the courts, so there is some good stuff in this bill."

The House approved the bill by a vote of 152-0. The bill now moves to the governor's desk to be signed into law.

General Assembly Approves Legislation to Provide Coverage to Children with Autism Spectrum Disorders


State-regulated group insurance policies would have to provide coverage for children with autism spectrum disorders under legislation approved by the Missouri General Assembly Wednesday. Rep. Dwight Scharnhorst, R-St. Louis, sponsors HB 1311 & 1341, which was passed through the House with a vote of 144-16 and through the Senate by a vote of 27-6

HB 1311 & 1341 would require group insurance policies to provide coverage for applied behavioral analysis services (ABA) for autistic children age 18 and younger. The coverage would have an annual cap of $40,000 and would be adjusted each year for inflation.

The bill went through several compromises in conferences with the Senate, including the age limit and caps on coverage, which were changed from the initial bills in both chambers.

"(The bill) is what I would consider a comprehensive bill that the legislature, the governor and all of us here in Missouri should be very proud that we have stepped forward to address this issue." Scharnhorst said.

Rep. Jason Grill, D-Kansas City, who sponsored HB 1341, expressed his appreciation on the passage of the bill. "This is a monumental day for Missourians. We are going to get a vote that we wanted on this bill," said Grill. "Many families that are listening right now, this is a big day for them. I have learned so much about this horrible illness, and hopefully in the future we can find ways to fix this through this therapy."

Some legislators worried an insurance mandate would place an undue burden on small businesses. Scharnhorst said he typically opposes mandates but felt the issue of autism merits a different approach. "I was a small business owner for many years…and it was never my intent to create a negative impact on employers.  If this mandate increased employers rates by more than 2.5 percent, it would allow them to opt out of the coverage," said Scharnhorst. Scharnhorst has previously cited studies showing an autism mandate would raise premiums by less than one percent.

The bill would also establish a state Behavior Analyst Advisory Board under the State Committee of Psychologists within the Division of Professional Registration. The new board would be charged with establishing and overseeing licensure and registration requirements for behavior analysts and assistant behavior analysts who provide therapies for children with autism spectrum disorders.

The provisions of HB 1311 & 1341 would apply primarily to Missourians receiving health insurance from small- and medium-sized employers. Missourians with individual insurance policies would not be mandated to obtain a policy with autism coverage, but would have the option to do so. Large employers who insure themselves fall under federal regulation.

The bill now awaits the governor's signature.

General Assembly Sends Bill Banning Sale of Synthetic Marijuana Drug "K2"


The General Assembly passed legislation Thursday that would add a type of synthetic marijuana to the state's list of controlled substances. Rep. Ward Franz, R-West Plains, sponsors HB 1472 to prohibit the substance, commonly known as K2, in the state of Missouri.

"I think it's important to get it off the shelves to protect our children," Franz said.

The synthetic cannabinoids contained in K2 are very closely related to tetrahydrocannabinol, or THC, the chemical in marijuana. However, because the chemicals in K2 are slightly different than THC, they are not covered by existing drug laws. Currently, Missourians of any age can buy K2 packaged as "potpourri" at many stores that sell tobacco products.

HB 1472 would add the synthetic cannabinoids used in K2 to the Schedule I list of controlled substances. Schedule I drugs include substances such as heroin and marijuana. Under the bill, possession of 35 grams or more of K2 would be a felony offense. Possession of lesser amounts would be a misdemeanor.

House members also considered adopting emergency clause on the bill, which would make the legislation into law immediately upon the governor's signature.

"This applies to getting this off the street quickly," Rep. Franz said. "We felt that we better not wait until the end of August to take a chance on how this could affect somebody's life."

Rep. Jake Zimmerman, D-Olivette, opposed the emergency clause. "I think it's a bad, bad idea to declare new crimes and put emergency clauses on them," Zimmerman said. "As much as I support the bill, I think it's appropriate that we give the law-abiding public of our state an opportunity to know what will be illegal in advance of it becoming illegal."

The House voted to defeat the emergency clause, but passed HB 1472 by a vote of 140-7. The legislation now goes to the governor's desk to be signed into law.

Missouri General Assembly Approves Legislation to Strengthen Informed Consent Requirements


The Missouri House gave final approval Friday to legislation that would strengthen the state's informed consent requirements to obtain an abortion. The House passed the SB 793, handled by Speaker Pro Tem Bryan Pratt, R-Blue Springs, by a vote of 114-39.

The bill would expand current law, which requires that a woman seeking an abortion be told of the physical and psychological risks of the procedure 24 hours prior to the abortion being performed. SB 793 would require that a woman seeking an abortion be given the opportunity to view an ultrasound image and listen to the heartbeat of the fetus. The bill would also require the consultation be done in person instead of over the phone. In addition, the legislation requires that women receive a description of the "anatomical and physiological characteristics of the unborn child. It would also require abortion providers to supply a brochure produced by the state that proclaims: "The life of each human being begins at conception. Abortion will terminate the life of a separate, unique, living human being."

Pratt said the bill is meant to provide additional information to a woman seeking an abortion with the intent of persuading her to change her mind about undergoing the procedure. "With this bill, I think we can go in and make clear and make sure that if an abortion is done in the state of Missouri, that a woman will give proper informed consent," said Pratt. "If given all the medically accurate information, it's my belief that more women will choose not to have an abortion."

Rep. Beth Low, D-Kansas City, opposed the bill and challenged supporters of the legislation to propose a ban on abortion. "If the members of the pro-life majority were serious about ending abortion, we wouldn't see Senate Bill 793. We'd see a Senate Bill or a House Bill that actually outlawed abortion," said Low. "Instead we see cute little bills like this one every year aimed at the most vulnerable people in an incredibly vulnerable time."

SB 793 would also prohibit insurance coverage for abortions under policies offered through any health insurance exchanges, such as those located in the federal health care legislation. In addition, no health insurance exchange operating within Missouri would be allowed to offer coverage for elective abortions through the purchase of an optional rider.

The bill now moves to the governor's desk.

General Assembly Approves Legislation Regulating Sexually Oriented Businesses


The Missouri House gave final approval Thursday to legislation that would enact new regulations for sexually oriented businesses. The House passed SB 586 and 618, handled by Rep. Ed Emery, R-Lamar, by a vote of 118-28.

The bill would require sexually oriented businesses to be at least 1,000 feet from schools, churches, public parks and daycares, and place restrictions on nudity, hours of operation, alcohol sales and employees' proximity to patrons.

Emery spoke on the "negative secondary effects" of these businesses, which he said can include increased crime rates, decreased property values, a decrease in annual income of businesses in the sexually-oriented business vicinity, increased property insurance rates, negatively altered lifestyles of residents' living habits in the vicinity of a sexually-oriented business and the increase of communicable diseases.

"This sets in place serious, significant protections to try to minimize negative secondary effects on communities," Emery said. "We know that this is a widespread issue, and I believe that this bill will seriously control those, and benefit families in Missouri."

SBs 586 & 617 would bar nude activity and restrict semi-nude activity within sexually oriented businesses. It would also ban the use, sale or consumption of alcohol within such businesses. In addition, the legislation would prohibit adult establishments from operating between the hours of midnight and 6 a.m., and bar anyone younger than 18 from being on the premises at any time.

One provision of the bill says an employee can be charged with a misdemeanor for violating certain portions of the bill. Any business repeatedly in violation of the provision would constitute a public nuisance and would be subject to civil abatement proceedings.

Some representatives were not in favor of this portion of the bill.  "Whether or not we agree on this bill, it's just not right to hold employees responsible or liable for the behavior of their customers," Rep. Mike Colona, D-St. Louis, said. "If your boss doesn't properly train you, under this bill, you are going to be criminally liable, and that's just not fair."

Those in opposition to the bill felt that counties and municipalities should have local control over these businesses. Rep. John Burnett, D-Kansas City, inquired of Rep. Bryan Stevenson, R-Webb City, about the issue.  "I've heard you all say quite loudly that if you are not in favor of this bill, you're in favor of pornography, and it seems to me that the real issue here is that your county won't take local control over this issue. If we are going to impose rules…we should not paint this with such a broad brush.  Local control should be allowed. Local people should make local decisions."

The bill now moves to the governor's desk to be signed into law.

Missouri House Passes Bill Creating Statewide Vote on Health Care


The General Assembly passed HB 1764 Tuesday, a bill that would put the issue of federally-funded health care on the ballot for Missourians in August.

Rep. John Diehl, R-Town and Country, sponsors the bill, which originally dealt only with the dissolution of domestic health care insurance companies. However, provisions were added to prohibit persons, employers, or health care providers from being compelled to participate in any health care system. Originally, the health care provision was proposed as a constitutional amendment, but the Senate opted instead to present the issue as a state-wide referendum. This way, the legislation will bypass Gov. Nixon's desk and go straight to the voters to decide on August 3rd.

Diehl said his constituents strongly oppose federal health care. "The residents of this state overwhelmingly reject what you and I have begun calling this Obamination of a bill, which is the federal health insurance bill," Diehl said in conversation with Rep. Tim Jones, R-Eureka, on the House floor. "It's just something I think is on everybody's mind, and they want the ability and the tools to be able to fight back on this."

Rep. Jones agreed, and hoped the referendum would allow citizens express their feelings about the federal legislation. "We're at the end of a long and arduous road, and this will give the people of Missouri the final say on this matter," Jones said. "The politicians here in this body are simply providing the vehicle."

Rep. John Burnett, D-Kansas City, objected to the fact that the health care issue would be paired with the dissolution of insurance companies on the ballot. "I don't question the Senators that have this sense of humor," Burnett said. "But, the joke is that they've taken a bill that is a very, very, very dense bill about the liquidation of domestic insurance companies, how we finalize business and insurance companies, and tied that to a political attack on our national health care system."

House Minority Leader Rep. Paul LeVota, D-Independence, opposed the bill. "This is a heck of a lot better than trying to change our constitution, because that would have been just a complete disaster," Rep. LeVota said. "This clearly is just simply an election year stunt."

The House approved HB 1764 by a vote of 108-47. The issue now goes to the voters for approval on August 3rd.

House Sends Access Missouri Bill to Governor Nixon's Desk


State legislators finished work on SB 733 Wednesday, which would make significant changes to state-funded scholarships for higher education. The legislation would affect both the Access Missouri and Bright Flight scholarship programs.

Rep. Gayle Kingery, R-Poplar Bluff, handled the bill in the House. On the floor, he mentioned portions of the House's version of the bill that the Senate opted to leave out. One of these was the proposal to lower the GPA requirement for the Access Missouri scholarship from 2.5 to 2.0 for recipients' first two years of college.

"We didn't agree with that, but that was one of those things," Kingery said. "We took that part out to preserve the rest of the scholarship bill."

Rep. Joe Aull, D-Marshall, spoke in support of lowering the GPA. "I believe in high academic standards as much as anybody," Aull said. "But, I know that the Access scholarship is a need-based scholarship. A lot of freshman really struggle that first year in college, it's a culture shock adjustment for them, and they've got to get that grade point average up to 2.5. … Somebody could go in right now and have a 2.49, which is pretty darn close to 2.5, and they're going to lose their scholarship. This could be a low-income student, and that's that student's only chance to go to college."

The final bill addresses the discrepancy between scholarship money available to private and public school students through the Access Missouri program. Under current law, students who attend private and public schools are eligible for disparate award amounts. SB 733 would raise the maximum scholarship to $1,300 for community college students and set it at $2,850 for students at either public universities or private institutions, starting in 2014.

SB 733 would also modify the Bright Flight scholarship program. Most significantly, the bill would ensure that students who score in the top 3 percent with their ACT or SAT scores receive Bright Flight merit scholarship awards before those who score in the top fourth or fifth percent. Bright Flight eligibility will expand to the top 5 percent next year under a new state law.

In addition, the bill addresses students who elect to join the armed forces. These students who qualify for a Bright Flight scholarship may defer their award and receive it at a later date, as long as they return to full-time student status within six months of the end of their military service.

Rep. Sue Schoemehl, D-St. Louis, expressed her support for the legislation. "The changes in Bright Flight are very valuable," Rep. Schoemehl said. "So, I would ask the body to continue and to support the military exemptions we had in here."

The bill now goes to the governor to be signed into law.

Legislature Approves Bill to Downsize Government


The Missouri House gave final approval Friday to legislation that would reduce the size of state government and form a committee to study the potential for additional downsizing in the future. The House approved HB 1868, sponsored by Rep. Dwight Scharnhorst, R-St. Louis, by a vote of 124-29.

The bill would transfers the powers and duties of the State Water Patrol to the newly established Division of Water Patrol within the State Highway Patrol. Supporters of the change say it could save the state millions of dollars.

The bill would also establish the Joint Committee on the Reduction and Reorganization of Programs within State Government. The 14-member committee must publish a report by December 31, 2010, with recommendations for reducing, eliminating, or combining state programs and departments.

The bill now moves to the governor's desk to be signed into law.

Legislature Approves Bill to Ensure Prompt Tax Returns


The Missouri House gave final approval Thursday to legislation that would shorten the time the state has to issue tax refunds to Missouri taxpayers. Rep. Stanley Cox, R-Sedalia, sponsors HB 1408 & 1514, which would change the length of time the state can hold onto returns without paying interest from the current 120 days to 90 days.

Under the bill, the state would have 90 days from April 15 to process returns. For individuals who file late returns, the 90-day clock would start when the return is postmarked. Returns that fail to meet the 90-day deadline would be refunded with interest.

The House passed HB 1408 & 1514 by a vote of 147-0. It now moves to the governor's desk to be signed into law.

19 May 2010

Engler: The 2010 Session Concludes

The legislative session ended at 6 p.m. on Friday, May 14th.  It was a tough year, with budget concerns and declining revenue guiding a lot of our work.  We worked to decrease the size of state government while also passing legislation to improve the lives of Missourians.  The 2010 legislative session included both wins and losses, but ultimately, I am pleased with the work we were able to complete.

Autism Insurance Reform


The General Assembly passed House Bill 1311, guaranteeing health carriers will provide coverage for the diagnosis and treatment of autism spectrum disorders.  Out of the top 10 childhood neurobiological disorders, autism is the only one that is not covered by health insurance in our state.  This means that families are paying for health insurance while still having to pay out-of-pocket for autism therapies.  The bill requires most health carriers that issue or renew health benefit plans to provide coverage for the diagnosis and treatment of individuals with autism. It would restrict health carriers from refusing to issue or renew coverage based solely on the fact of an autism diagnosis. The insurance coverage includes a physician or psychiatrist's referral of ABA (Applied Behavior Analysis) therapy — up to $40,000 per year for individuals younger than 19. A cost-of-living adjustment has been included to adjust the cap for therapy services in coming years.

Ethics Reform


The Legislature also approved Senate Bill 844, a bill focused on setting higher ethics standards in Missouri politics. The bill gives flexibility and teeth to the Missouri Ethics Commission by allowing it to investigate ethics violations without an outside complaint first being filed, and makes it a crime to obstruct an ethics investigation.  In order to end even the appearance of "pay-to-play" politics, the bill requires contributions of more than $500 to incumbent officials and their challengers during the legislative session to be electronically reported within 48 hours. The bill also makes clear that no statewide elected official or lawmaker can offer someone a job in exchange for his or her official vote and limits the transferring of contributions among most campaign committees.  The legislation brings a new level of accountability and transparency to the political process so that Missourians will have confidence in the motives of their elected officials.

Rebooting Government


This year, the Senate leader launched an initiative to reduce the size of state government. Ideas were collected from the public, and my fellow senators and I met in working groups to talk about ways to cut costs and streamline government. Several of these ideas resulted in legislation that passed this session, including:
  • Senate Bill 1007, reins in $20 million in Medicaid costs.
  • House Bill 1965, eliminates the printing of state manuals (Blue Books) and State Statute books for a cost-savings of $1.7 million dollars in printing and postage.
  • House Bill 1868, merges the highway patrol and water patrol for nearly $1 million in savings.
Even in the final hours of session, we pushed to approve additional priority legislation, but the final gavel fell without the passage of some of these bills.  We had hoped to pass a jobs bill this session to encourage economic growth while also reducing the cost of state incentives.  We also worked on ways to make the state's pension system more efficient and cost-effective.  These bills did not succeed, and I am concerned that, without these cost-cutting measures, the state will need to make even more serious spending cuts in the coming year.

Most of the bills passed during this legislative session will go into effect on August 28th.  The governor has until July 14 to veto legislation or else it goes into effect.  You can see a list of bills that have been agreed to by the Legislature here.