Tishaura Jones: Ethics Law Invalidated, Attorney General Asks For Hammerschmidt's Reversal

SUPREME COURT STRIKES DOWN 2010 ETHICS LAW

The Missouri Supreme Court on Feb. 14 invalidated a 2010 ethics and campaign finance law because it violates the state constitution’s prohibition against legislation being changed from its original purpose. The court’s action had been widely expected given that the law in question originally passed the Senate as a one-page bill related to government procurement practices before House Republicans transformed it into a 66-page ethics and campaign finance bill.

The court unanimously struck down all of the provisions of the 2010 legislation, SB 844, except for the original section relating to government procurement. The invalidated provisions include those giving the Missouri Ethics Commission increased investigative authority, prohibiting the transfer of campaign contributions between campaign committees and requiring candidates to publicly disclose contributions in excess of $500within 48 hours when the donation is made during the legislative session. In the wake of the court’s decision, lawmakers are considering new legislation to reinstate many of those provisions.

Starting with its landmark 1994 ruling in Hammerschmidt v. Boone County, the Supreme Court has vigorously enforced previously ignored provisions of the Missouri Constitution that lawmakers from changing bills from the original purpose or lumping together unrelated issues in the same legislation. Under Hammerschmidt and the numerous related cases that followed, the court’s decision invalidating SB 844 had been considered a foregone conclusion.

Attorney General Chris Koster, however, added a new twist to the case on appeal when he asked the court to uphold SB 844 by reversing its nearly two-decades of precedent on the issue and returning to pre-Hammerschmidt interpretations that mostly allowed lawmakers to ignore constitutional limitations on legislative procedures. In its opinion in the latest case, Legends Bank v. State of Missouri, the court made no mention of the attorney general’s request and continued to follow its recent precedent.

TRIAL JUDGE REJECTS HOUSE REDISTRICTING CHALLENGE

Cole County Circuit Court Judge Patricia Joyce on Feb. 14 ruled that a new redistricting plan for the state House of Representatives passes constitutional muster, prompting an immediate appeal to the Missouri Supreme Court, which hasn’t yet accepted the case. If the high court upholds the redistricting plan, it will be used beginning with this year’s election cycle.

The bipartisan group of plaintiffs argued the House redistricting plan created late last year by a commission of six state appellate judges violated state constitutional requirements that districts be compact, contiguous and as equal in population as possible. The plaintiffs also argued the appellate commission violated the state’s open meetings law by conducting its work in secret. Joyce rejected all of those claims.

SENATE PASSES BILL TO POSTPONE CANDIDATE FILING

With a new state Senate redistricting plan already invalidated and the fate of new congressional and state House districts still to be determined, the Senate on Feb. 16 gave final approval to legislation that would delay the start of the candidate filing period for the August party primaries from Feb. 28 to March 27. The bill, SB 773, now goes to the House of Representatives.

Even if the bill passes and is signed into law by the governor before Feb. 28, it is uncertain if new districts for the Senate and, if necessary, the other offices will be finalized by the end of March. Population shifts under the 2010 U.S. Census required that legislative districts be redrawn to reflect those changes.

A commission consisting of equal numbers of Democrats and Republicans will meet on Feb. 18 to begin the process of creating new Senate districts but that process could take months. The Supreme Court heard arguments in a challenge to the congressional districts on Feb. 16 and is expected to rule quickly. If it strikes down the new congressional map, the General Assembly would have to enact a new plan that meets constitutional muster. A trial judge upheld the House redistricting plan on Feb. 14 but an appeal to the Supreme Court is pending.

Kander: New ethics reforms become law

This past Saturday, for the first time in nearly twenty years and after a tough fight in 2010, significant changes in Missouri law regarding ethics and campaign finance went into effect. As an original author of several major provisions in the new law [SB844], Saturday was a proud day for me.

As of this past Saturday, the following positive changes are in place:

• It is now against the law to launder money from one Political Action Committee (PAC) to another for the purpose of concealing the donor. In fact, PACs are now prohibited from receiving donations from other PACs.
• The Missouri Ethics Commission (MEC) now has substantially expanded authority to investigate the actions of elected officials, lobbyists, political candidates, and other major players in state politics.
• Just as it is against federal law to obstruct an investigation by the Federal Election Commission (FEC), it is finally against state law to obstruct an investigation by the MEC (Missouri's version of the FEC). Previously, there existed no penalty for lying to an MEC investigator.
• ALL political contributions of more than $25 will be searchable online at the MEC website. In the past, some committees were not required to file electronically. This loophole enabled those seeking to launder and hide funds to do so in a way that was invisible in the public database of campaign contributors.

These and other aspects of the new law are explained in a video tutorial created by the Missouri Ethics Commission.

While I'm proud of my work to author and pass these reforms, I'm far from satisfied. We still must restore campaign contribution limits, close the revolving door that allows sitting legislators to accept jobs as lobbyists, and prohibit elected officials from paying one another as "political consultants."

With these new laws acting as a solid foundation for progress, I will continue the fight for comprehensive ethics reform in Missouri.

Kraus: Special Extraordinary Session

The 2010 Special Extraordinary Session was not without its share of drama.  A three-week ordeal, we faced a potential showdown between the House and Senate, a 20-hour filibuster, and the resulting uncertainty on the outcome of the two bills that Gov. Nixon wanted passed.  And, of course, I was removed from the Jobs Creation Committee for refusing to guarantee my vote.  In the end, both bills were passed out of the General Assembly and both have been signed into law by Gov. Nixon.

Auto Manufacturing Tax Incentives

HB2 provided tax incentives specifically aimed at the auto manufacturing industry and its suppliers.  In brief, the bill allows tax credits for both the construction of a new product line as well as an existing product line if the company makes capitol investments and creates or retains jobs.  It limits the tax incentive amount to $10 million/year for any one qualified company and to a total of $15 million/year for all companies.  Any one company could receive up to $100 million over ten years.

It is vitally important for Missouri to keep and create jobs.  While I believe that it may be prudent to provide incentives to businesses to do this, I voted no on this particular piece of legislation because of my concerns for fiscal responsibility.  Some experts have predicted a budget shortfall next year of nearly $1 billion – due in main part to the fact that this year's budget uses that amount in one-time federal stimulus dollars for operating expenses. We cannot rely on stimulus money to balance our budget; we need to look at every single dollar we are spending and make tough choices.  Allowing one company up to $10 million a year is simply going in the wrong direction.

Changes in Pension System for New State Employees

The second bill, HB1, calls for new state employees to contribute 4 percent of their salary into their own retirement plan, starting with employees hired after January 1, 2011.  It also raises the retirement age for all new employees to 67 or 90-and-out and requires ten years of employment in order to be vested in the system.

I cannot stress enough that our state faces a budget crisis. Asking state employees to contribute toward their own retirement plan is a small, common sense step that we can take.  HB1 is projected to save the state over $6 million in the first year. That savings will multiply each year as future state employees are hired.

These savings are crucial to keeping our state retirement system solvent and our state finances viable in the future.  In contrast to Washington D.C., we must keep government in line with what we can afford.  Passing this bill is a step in the right direction and brings the state up to date with modern retirement plans.

Investment Board Language Removed

In the Senate, there was a move to include language in the pension bill that combined two state retirement investment boards, MOSERS and MPERS, but the investment board language was removed.  Also, the bill does not affect the retirement plans of current state employees.

Ethics Bill Signed into Law

Senate Bill 844 was signed into law by Gov. Nixon and becomes effective August 28, 2010. This bill contains numerous provisions related to conflict of interest, campaign finance, candidate disqualifications, late fees, and Missouri Ethics Commission investigations and enforcement. You can view a summary of the bill's provisions on the Commission's website.

I've made my views on this bill well known.  Although it was a start toward improving ethics standards at the Capitol, my expectations for it were higher and I truly believe that we could have passed a stronger bill.  It is something to work for in the future.

Host Families Needed for Four Exchange Students

Four foreign exchange students are looking for an area Host Family.  They are from Italy, Ukraine, Thailand, China, and Serbia.  All they need is a place to sleep and study, a place at the dinner table, and someone to share with them the American way of living.  In return, they will share their culture with Americans.  If you would like to share your home with someone from another country, please contact Liz Carver at 816-228-8587 or carver{underscore}elizabeth{at}yahoo{dot}com.

Closure at I-470/I-435 Due to Sink Hole Damage

Engineers at the Missouri Department of Transportation (MoDOT) have closed the westbound I-470 interchange to westbound I-435, as well as northbound Route 71 to westbound I-435 at 3 Trails Crossing. The damage from a sink hole at that location has expanded, making it necessary to immediately close the roadway.

MoDOT has posted detours, but encourages motorists to find the best alternative routes for their commute. This interchange will remain closed until repairs can be made. To help with detours, MoDOT created a website, linked from www.modot.org/kc, which includes each detour for the major traffic flow from the area. The site includes directions, maps and google mapping tools.

Soil and geology specialists from MoDOT are working to take soil core samples where the road collapsed on I-470.  Analyzing the results of the work will help engineers determine how to safely remove sections of the roadway and retaining wall. Preliminary findings from the geology study should be complete by mid-week.

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

Kander: 3 New Lessons Learned

Ok, here are 3 new lessons learned:

1. Never give up.

I'm often asked why, in the face of such strong opposition and long odds, I still believe that Missouri will eventually pass comprehensive ethics reform.

I had intended to answer with a long synopsis of the journey I undertook to author and pass the ethics bill this year.

But this past Wednesday, The Pitch wrote an article that chronicles it in great detail. If you're interested in how we got to where we are now (it is a pretty interesting story), you should read David Martin's telling of the tale. Or you can read an article from the following day, when the Governor signed the bill [SB844] into law.

But even my long-winded retelling wouldn't fully answer the question of why, despite everything, I remain so optimistic. The only way to really explain it is to tell you a story . . . [Read More]

2. You can change your mind.

The state of Missouri, unlike the federal government, is not allowed to print its own money and run a deficit. As mandated by our state's constitution, we must pass a balanced budget.

The experience of serving on the budget committee during the worst economic downturn since the great depression has been eye opening. Members of the budget committee see the numbers every day during the session. We prize revenue more than other legislators because we know just how scarce it is in tough times.

One proposed way for the state to close its substantial budget shortfall this year was to freeze K-12 education spending at last year's level.

Politically, this doesn't seem to play well in any district in the state. The simple fact is that even the reddest, most fiscally conservative pockets of this state are full of voters whose children attend public school. As a result, most politicians never want to freeze education spending.

Because of House procedure, this proposal came before the body for a vote on two occasions . . . [Read More]

3. The older I get, the more I value home.

Yesterday morning, as I was getting ready for work, I finished shaving and went to put my razor back in my travel kit when I realized something: I'm home for the next three weeks. Believe it or not, that's a rather big deal for me. I've been on the road so much lately that I've taken up the habit of just repacking my shaving kit every morning.

Session took place in Jefferson City from January through May (where I didn't always manage to keep up new year's resolution number four). Of course, I made it home nearly every weekend that I didn't have Army duty at Fort Leonard Wood, but weekends in Kansas City just aren't long enough.

Then in June I spent three weeks away with the Army training officer candidates as a platoon trainer. Spotty cell signal, long hours and hot days – all the makings of a pretty great time actually. But as I get older I've started to realize that nothing beats home for me. Not even great training and motivated soldiers.

When I was younger . . . [Read More]

So those are a few of the lessons I've learned halfway through 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.

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 Revenue	7,260,461,973
Federal Budget Stabilization (unrestricted)	572,388,526
Federal Budget Stabilization (education)	287,037,940
Federal Funds	7,035,061,286
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 24^th – 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 13^th 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

Rupp: Honoring Those Who Served

This Memorial Day I attended the beautiful ceremony held at the Lake St. Louis Veterans Memorial Park. It was awe inspiring to see so many people turn out to honor those who have served our country by paying the ultimate price. This kind of event reminds me of the great sacrifices we have made to form this great country of ours, and that it is a tremendous honor and privilege to be an elected leader from the great state of Missouri.

Our surviving heroes of World War I and II, the Korean War, and even the Vietnam War are getting fewer with each passing year. At the same time, we must also remember our heroes in Desert Storm, Operation Enduring Freedom, and Iraqi Freedom. Many of our state's best men and women continue to defend our freedom in lands all across the world. We must never lose sight of the sacrifices our soldiers make when they put their lives on the line for our freedom. There is no way we can ever repay them for this gift, and the least we can do is treat that sacrifice with the dignity and gratitude that it deserves – and not just on Memorial Day.

This past legislative session, I was proud to vote for House Bill 1524, a large veteran's bill that I believe sets a few things right when it comes to how we treat the defenders of our country. House Bill 1524 requires that service-disabled veteran run businesses in Missouri get a point preference when it comes to state agency bids.

The bill also requires the state to form a Missouri Youth Challenge Academy for at-risk high school age youth. The residential military-based academy will provide work experience and training in life skills, citizenship, life-coping and academic skills, and other personal development skills. It is my firm belief that the discipline and life skills taught in this academy will turn many lives around for the better.

But perhaps most importantly, HB 1524 allows our soldiers currently overseas the option to fill out an absentee ballot and exercise their right to vote. In today's age of electronic information, there is no longer an excuse for not allowing our brave men and women the opportunity to participate in the democracy they work so hard to defend. It's the right thing to do and the right time to do it, and it is good to know that this brave group of Missourians can have a say in their own future with the right to vote.

Thank you to all of the brave soldiers who have served and who continued to serve, and God bless this great country of ours.

Senator Rupp Announces Partnership to Widen West St. Charles County Roads

On June 1, 2010, I announced that a project is already underway to meet citizen demands for safer and wider roads in West St. Charles County.

In a partnership between the State of Missouri, St. Charles County, and the local quarry operations, the Missouri Department of Transportation (MoDOT) recently began engineering work on Highways D, DD, and 94 in West St. Charles County.

I've been working with MoDOT to allocate funds for this project since 2006, and those efforts have paid off thanks to the hard work of many people. There was a tremendous effort from a citizen's group, the county, and many more. Together, we made it happen.

The funding that has been secured will mean 15 miles of paved, three-foot shoulders on each side of the road, making dangerous stretches of Highways D, DD, and 94 safer for travelers. Construction is set to begin in the spring of 2011 with completion by the end of that year.

DWI Bill Signed into Law

Now that the General Assembly is nearly three weeks into the interim, the focus has shifted to one of the final steps in the legislative process: the governor's signature.

Last week (5/25), the General Assembly convened for a technical session to officially send most of the passed 2010 bills to the governor's desk for his signature. The governor has until July 14 to either sign or veto each bill; if he doesn't lend his signature to any piece of legislation by the deadline, it automatically becomes law.

Every bill the governor vetoes is sent back to the sponsoring chamber with his objections. The governor's vetoes, if any, will be considered by the Legislature when it reconvenes for veto session in mid-September. If lawmakers decide to try to override a veto, it will be put to a vote. To overturn a governor's veto, a two-thirds majority vote in both chambers is required.

Most of the passed bills that are signed by the governor become law on Aug. 28, though some contain "emergency clauses" that had to be approved separately from the legislation. Any bill or provision attached to an emergency clause may take effect immediately upon receiving the governor's signature (or at another specified date).

This week, the governor signed into law House Bill 1695, a bill that is intended to strengthen Missouri's DWI laws and crack down on repeat offenders. The legislation makes several changes to the state's laws regarding intoxication-related traffic offenses, including:

• Allowing any circuit court to establish a special DWI court to handle such cases when the driver has a blood alcohol content (BAC) of at least .15, has pled guilty to or been found guilty of one or more intoxication-related traffic offenses, or has two or more previous alcohol-related enforcement contacts.
• Prohibiting any person who operated a motor vehicle with a BAC of .15 or more from being granted a suspended sentence.
• Specifying that for a first offense, unless a person participates and successfully completes the requirements of a DWI court, a person who operated a motor vehicle with a BAC between .15 and .20 will be imprisoned for at least 48 hours, and a person who operated a motor vehicle with a BAC of .20 or more will be imprisoned for at least five days.
• Increasing the minimum amount of jail time from five days to 10 days for a prior offender and from 10 days to 30 days for a persistent offender to be eligible for parole or probation—unless, as a condition, the person performs a certain amount of community service or participates in a court-ordered treatment program.
• Specifying that any DWI case will not be carried out in municipal court if the defendant has been convicted, found guilty, or pled guilty to two or more previous intoxication-related traffic offenses or had two or more previous alcohol-related enforcement contacts.
• Making the reporting of DWI cases more uniform and centralized by requiring the State Highway Patrol, beginning Jan. 1, 2011, to maintain regular accountability reports of alcohol-related arrests, charges, and dispositions based on the data submitted by law enforcement and prosecutors.

Now that it has received the governor's signature, the provisions of HB 1695 will be enacted into law on Aug. 28, 2010.

Other Top Legislative Priorities Await Governor's Signature

The other key priorities that legislators identified at the beginning of the session still await the governor's signature, including bills that institute ethics reform, provide insurance coverage for autism, strengthen regulations for adult businesses, expand informed consent requirements for abortion, and make changes to two of the state's major college scholarship programs. Some of the main provisions of these bills include:

Ethics Reform

Senate Bill 844 , sponsored by Senate President Pro Tem Charlie Shields (R-St. Joseph), allows the Missouri Ethics Commission to investigate ethics violations without an outside complaint being filed; requires contributions of more than $500 to incumbent officials and their challengers during legislative session be electronically reported within 48 hours; and limits the transferring of contributions among most committees.

Autism Insurance Coverage

House Bill 1311, which is my language from SB 618, requires health carriers that issue or renew health benefit plans on or after Jan. 1, 2011, to provide coverage for the diagnosis and treatment of autism spectrum disorders; prohibits health carriers from refusing to cover an individual or dependent solely because the individual is diagnosed with autism; and provides coverage for applied behavior analysis, a common treatment method for autism, up to $40,000 annually through age 18.

Adult Business Regulations

Senate Bill 586, sponsored by Sen. Matt Bartle (R-Lee's Summit), prohibits a person from establishing a sexually oriented business within 1,000 feet of certain entities; prohibits nude performances and restricts semi-nude activity within sexually oriented businesses; prohibits adult establishments from operating between the hours of midnight and 6 a.m., and bans the use, sale and consumption of alcohol on the premises.

Expanded Informed Consent for Abortion

Senate Bill 793, sponsored by Sen. Rob Mayer (R-Dexter), 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 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.

College Scholarships

Senate Bill 733, sponsored by Sen. David Pearce (R-Warrensburg), changes and equalizes Access Missouri scholarship amounts for public and private universities; protects Bright Flight scholarship eligibility for students who serve in the military, and expands Bright Flight scholarship eligibility to those who have received a GED, or completed a homeschooling program of study, secondary coursework through Missouri's Virtual Public School, or any other academic program that satisfies the compulsory attendance law.

All of the above bills will become law Aug. 28, 2010, upon receiving the governor's signature with the exception of SB 733, which contains an emergency clause that applies to certain provisions.

As always, if you have any questions 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.

Brandom: Important Legislation Interview and Census Information

The following text is from an end of session interview with the Sikeston Standard Democrat that highlights many important issues addressed this past legislative session. [abstract of original article]

By Scott Welton
scottw{at}standard-democrat{dot}com

SIKESTON — Like every legislative session, the Missouri General Assembly was able to accomplish some important objectives while others weren’t achieved before adjournment Friday.

“I think without question the budget was the most important legislation this session,” said State Rep. Ellen Brandom, 160th District. “Of course, it was
more important than ever this year.”

Brandom said crafting a budget was particularly difficult this year as money had to be cut from many program.

“That’s always tough to do,” she said. “It deserved a lot of time and attention.”

Brandom said while the budget preparation was a time consuming endeavor this session, it is likely to be even worse in 2011.

“The budget next year is going to overshadow everything,” she predicted.

Foremost among what many consider to be unfinished business during this session was a jobs creation bill. [HB1675]

“I think many of us were disappointed we didn’t pass any economic development legislation,” Brandom said.

Brandom said she was also hoping to see the mandatory drug testing for welfare applicants pass. [HB1377]

“I will go back with that next year,” she said.

One item that was passed but in a less-than-satisfactory form was an ethics reform bill.

“I thought the ethics bill was important,” said Brandom, who was on the House Ethics Committee. “I was disappointed that it was not the bill that the committee put forth. It was sidetracked by a legislative maneuver and, at the last minute, another ethics bill appeared. It was not nearly as comprehensive as the committee report was. We had we spent hours and hours on it.”

Brandom described the ethics bill which was approved, Senate Bill 844, as “a watered-down version, a much weaker bill than the ethics bill that came out of our committee. There were some improvements but not as much as many of us would have liked.”

She said legislators should not be allowed to offer consulting services while serving in office and regrets this restriction didn’t make it into the version that finally passed. “That was my No. 1 priority,” Brandom said.

There were some bright points, however, to the 2010 legislative session, according to Brandom.

“I think one of the good things that passed was changes to Access Missouri scholarships for needy students that are attending two year or four year
Missouri colleges and universities,” she said.

Currently, students at private schools are eligible for larger scholarships. Under the changes approved in Senate Bill 733, “its the same amount of money regardless of where you are going to school,” Brandom said.

Brandom said she was also pleased to see the bill addressing Autism issues, House Bill 1311, pass.

“Autism prior to this time was not covered by health insurance.”

Under this bill’s provisions, group insurance policies regulated by the state must cover the diagnosis and treatment of autistic children including up to $40,000 per year for behavioral therapy.

“Children with autism who receive help when their young can make great strides,” Brandom said.

Brandom described Senate Bill 793 as “pro-life legislation” as it requires additional information to be given to women 24 hours before an abortion including the option to view an ultrasound and listen to the heartbeat of the fetus.

“We don’t want women to be forced into an abortion if its not what they really want,” Brandom said.

Brandom said she was also happy to see House Bill 1764 pass. This bill gives the state’s voters a chance to pass a referendum in August which would exempt Missouri from being compelled by the federal health insurance mandate to have health insurance and from penalties for paying for their own health care.

The state should be able to regulate health care itself, she said, “and citizens should be free to make their own decisions about health care without any penalty.”

Some information for this story was provided by the Associated Press.

Urgent Call to Action

As many of you know we are in the middle of a census count. Unfortunately, the Missouri response rate has been extremely poor in rural areas. If this underperformance continues its present course, our state may lose a representative in the United States Congress and an electoral vote in the presidential election.

I would like to encourage all of you to return your census form and remind your neighbors to do the same.

If you did not receive a form or have misplaced it you can call the Kansas City regional office to request a replacement form at 1-866-872-6868.

This is a very important issue that will have a tremendous impact on the future of our state.

On a personal note, I wanted to thank everyone who visited my office during this past session. It is always a pleasure to have friends, neighbors, and constituents visit.


The Sikeston Jaycees were presented a resolution in the Missouri House of Representatives to honor their tireless dedication to the Sikeston community and support of charities. In the last ten years they have given over 1 million dollars to a number of local charities.

Pictured are Paul Myers the State Jaycee’s President, Ryan Merideth the 2010 Jaycee’s President, Matt Matthews the 2009 Rodeo Chairman, Barry Johnson, Sam Thomas, Bart Ziegenhorn, Brandon Kuehn, Zac Black, Patrick Douglas, Matt Drake, Jason Pounds, Marc Leible, Matt Bain, and Representative Ellen Brandom.

As always, please contact me if you have questions on this or any other issue. My toll-free number is 866-834-9219 or you can email me at Ellen{dot}Brandom{at}house{dot}mo{dot}gov

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?

"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 2^nd Regular Session of the 95^th 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 3^rd.

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 3^rd.

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.

Engler: The 2010 Session Concludes

The legislative session ended at 6 p.m. on Friday, May 14^th.  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 28^th.  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.