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Showing posts with label 96-HB1104. Show all posts
Showing posts with label 96-HB1104. Show all posts

16 February 2012

Burlison: Maintaining Honest Elections

Last week, while the media lambasted the General Assembly for failing to eliminate our State's non-binding primary, Republicans fought to strengthen electoral accountability by passing a crucial election reform. In the House, we have a history of fighting to strengthen our State's elections; in fact, last session we passed two crucial pieces of election legislation. SB 282 would have tied the choosing of our delegates to the primary results by moving the election to March to ensure that all of our State's delegates were counted.

Similarly, to address fraudulent voting, we passed a Voter Identification Bill which would have created fairer elections. Unfortunately, by vetoing both pieces of legislation, Governor Nixon neglected the growing problem of fraudulent voting and required our State to face losing half of our delegates at the party conventions.

Voter fraud is not a mythical issue. In its majority opinion upholding Indiana's Voter Identification law, the U.S. Supreme Court recognized that flagrant examples of voter fraud are real and could affect the outcome of a close election. This month, the Pew Center released a study revealing that approximately 24 million active voter registrations are invalid or contain significantly innaccuracies. With1 in 8 active voter registrations flawed or invalid, there is no time for indecision. If this problem remains unchecked, it will erode the democratic principles of our elections by diluting the voice of legitimate voters. HB 1104 takes steps to protect the integrity of our elections by requiring voters to prove their identity. This ensures that all eligible votes can be cast without fear of fraud.

I sincerely hope that Governor Nixon will consider this bill on its own merits when it reaches his desk. Though he vetoed a similar bill last session, the current version takes strong precautions to prevent voter disenfranchisement. Critics of the bill argue that requiring voters to show a photo ID will suppress the vote of elderly, minority and poor citizens who they claim are less likely to have photo identification. In an effort to alleviate these concerns, HB 1104 allows all citizens without the proper photo identification to obtain one free of charge from the state or their local license bureau.

15 February 2012

Carter: Budget Looms Large, Non-Compliance Threatens Federal Highway Funds,

At left: Judge Jimmie Edwards with State Representative Chris Carter

BUDGET LOOMS LARGE AS 2012 SESSION GETS UNDERWAY


The 96th Missouri General Assembly convened its second regular session on Jan. 4 with lawmakers bracing for yet another round of deep budget cuts and Republican leaders offering more modest legislative agendas in the wake of two unproductive legislative sessions in 2011 that were derailed by disagreements between the GOP majorities in the Senate and House of Representatives. The 2012 legislative session will end on May 18.

With an estimated $550 million general revenue shortfall expected in the state operating budget for the 2013 fiscal year, which begins July 1, lawmakers must again contemplate ways to reduce spending. However, after a decade of significant cuts most, if not all, of the easy-to-eliminate items are long gone from the state budget, leaving only core state services remaining. As they have throughout the state's continuing budget troubles, legislative leaders have ruled out virtually any form of tax increase to offset cuts.

Efforts to rewrite the formula for distributing state funding to local school districts will also figure prominently, and likely generate controversy. The existing formula was enacted in 2005, but was to be phased on over seven years, instead of all at once, in order to keep the annual funding increases it called for at a manageable level. However, the formula hasn't been fully funded in recent years, a contingency it wasn't designed for. Although changing the formula is necessary to account for the insufficient funding, tinkering would inevitably result in some districts having their state funding reduced from existing levels. As a result, any proposed solution that doesn't involve increasing formula funding - and no such increase is expected to be forthcoming - is almost certain to prove unpalatable to some group of lawmakers.

Although lawmakers again identified job creation as a top priority, the ambitious and wide-ranging proposals that sparked disagreements between House and Senate Republicans last year have largely been set aside. Instead, GOP leaders said they would focus on legislation sought by business groups that have little direct bearing on job creation, such as making it more difficult to prove employment discrimination, limiting the financial liability of lawsuit defendants and requiring losing parties to pay the winner's legal fees.

SUPREME COURT EXPEDITES SENATE REDISTRICTING CASE


In an exceedingly rare move, the Missouri Supreme Court on Jan. 4 accepted original jurisdiction in a lawsuit challenging the validity of new state Senate districts that were recently drawn by a panel of state appellate judges. Columbia attorney David Brown took the unusual step of asking the high court to allow the case to bypass the trial level, typically a mandatory first step for any lawsuit, because the candidate filing period for the 2012 elections begins Feb. 28, thus requiring a prompt resolution to the case. The Supreme Court will hear arguments in the case on Jan. 12.

The Appellate Reapportionment Commission, which consisted of six members of the Missouri Court of Appeals selected for the job by the Supreme Court, submitted redistricting plans for both the Senate and House of Representatives on Nov. 30. After being harshly criticized for ignoring the Missouri Constitution's general prohibition against splitting counties among Senate districts, the commission on Dec. 9 rescinded its original Senate redistricting plan and replaced it with a new one that corrected some -- but not all -- of the unconstitutional county splits.

The lawsuit, which names a Lafayette County woman as the plaintiff, alleges that the second map should be invalidated because the commission had no constitutional authority to submit it and that the first map should be invalidated because of its unconstitutional county splits. The plaintiff asks that the existing Senate districts, which were created in 2001 and were to be replaced to reflect population shifts under the 2010 U.S. Census, instead be used for the 2012 election cycle. The commission House redistricting plan, which is also slated to be used for this year's elections, is not being challenged.

SENATE PUSHING BILL TO PREVENT LOSS OF HIGHWAY FUNDS


The Senate is expediting legislation that would put Missouri in compliance with federal mandates on commercial trucking regulations and drunken driving sentences in order to avoid the potential loss of millions of dollars in federal highway construction funds. The deadline for compliance on the trucking regulations is Jan. 30, but the state likely will escape penalty so long as it resolves the issue in the near future.

The Senate Transportation Committee on Jan. 11 took the uncommon step of hearing the federal mandate legislation, SB 443, and voting on the same day to forward it to the full Senate for debate. The bill would modify the state laws that requiring commercial truck drivers to have medical clearance in order to work. Failure to do so potentially could cost Missouri $30 million in federal transportation funding in the first year of noncompliance and $60 million in the second year.

SB 443 also would lengthen the license suspension period for drunken drivers from 30 days to 45 days and other related changes. Missouri is already out of compliance on that issue and isn't losing any funding as a result. However, about $20 million in federal transportation funds are being redirected from construction to highway safety improvements until the federal mandate is met.

NIXON PROPOSES HALF-BILLION IN STATE BUDGET CUTS


In delivering his fourth State of the State address, Governor Jay Nixon on Jan. 17 proposed $500 million in spending cuts in order to balance a $22.98 billion state operating budget for the 2013 fiscal year without a tax increase. Nixon, a Democrat, also outlined his policy priorities for the 2012 legislative session, which include protecting worker rights, reforming charter schools, reinstating campaign contribution limits and a job creation package that emphasizes revitalizing the automotive industry in Missouri.

Although the governor's proposed budget for the fiscal year beginning July 1 would increase basic state funding for local public schools by $5 million to more than $3 billion, it also calls for cutting higher education spending by $105.9 million. It would be the third consecutive year that state funding of public colleges and universities would be reduced. Nixon's budget balancing plan also calls for saving $191.7 million through efficiencies in the state's Medicaid program, with no changes in eligibility or covered services.

In addition, the governor called for eliminating another 800 state jobs, bringing the total number of positions cut from the state workforce since he took office in 2009 to more than 4,100 and resulting in the smallest number of total state employees in 15 years. To provide additional state revenue collections in the future, Nixon also asked lawmakers to eliminate some the tax credits programs that are siphoning about $700 million a year from the budget. Although the Senate last year made tax credit reform a priority, Republican leaders in the House of Representatives refused to go along. As a result, it is unlikely lawmakers will actively pursue reform efforts this year.

HOUSE PASSES AMENDMENT TO FURTHER LIMIT SPENDING


The House of Representatives voted 105-54 in favor of a proposed constitutional amendment that would place new restrictions on the General Assembly's ability to increase state spending. HJR 43, the first legislation the House has debated this year, advanced to the Senate on a near-party-line vote, with majority Republicans in favor and minority Democrats opposed.

The measure is a top priority of House Speaker Steve Tilley, R-Perryville, who said it would end the "boom and bust" cycles in the state budget. House Democrats agreed but said it would leave Missouri in a perpetual state of "bust." After a decade of deep state budget cuts, opponents said the measure would prevent the state from being able to reverse those cuts in the future.

HJR 43 would cap annual spending at the rate of inflation plus population growth and 1.5 percent and require any excess revenue collections in a given year to be held in reserve. If also approved by the Senate, the measure would go on the November ballot for voter ratification.

HOUSE COMMITTEE ADVANCES PHOTO VOTER ID BILL


The House Elections Committee on Jan. 24 voted 7-3 in favor of legislation that seeks to require voters to show government-issued photo identification at their polling place in order to cast a ballot. At present, however, the General Assembly lacks the constitutional authority to impose such a requirement. Governor Jay Nixon, a Democrat, vetoed similar legislation last year and is expected to do so again should the latest version, HB 1104, be sent to his desk.

The Republican-controlled legislature enacted a photo voter ID law in 2006, but the Missouri Supreme Court ruled that lawmakers cannot impose restrictions on voting rights other than those specifically listed in the state constitution. The General Assembly in 2011 approved a proposed constitutional amendment that would authorize the imposition of a photo voter ID requirement, but it doesn't go on the statewide ballot until November.

Supporters say the photo voter ID requirement would prevent voter fraud, but Missouri has never had a documented case of voter impersonation at the polls - the only type of fraud such a requirement could prevent. Opponents assert that photo voter ID is just a thinly disguised effort to disenfranchise poor, disabled and elderly voters, since they are the least likely to have a photo ID and tend to vote for Democrats. The Missouri Secretary of State's Office estimates that about 250,000 registered Missouri voters don't have a government-issued photo ID.

GAMBLING INDUSTRY OPPOSES FEE HIKE FOR VETERANS


A lobbyist for Missouri's casinos told the House Veterans Committee on Jan. 24 that the industry will oppose bipartisan legislation to increase casino entrance fees by $1 per person and earmark the estimated $50 million a year in new revenue for the state's veterans homes. Governor Jay Nixon recently proposed the fee hike to shore up the Veterans Trust Fund, which is on the verge of being used up by mid-2013.

The current casino entrance fee, which is paid by casino operators, is $2, with half going to the state and half going to the local community in which the casino is located. All of the state's share used to be earmarked for veterans programs until the late 1990's, when most of it was redirected toward early childhood education programs. Over time, the $6.5 million a year from the existing fee that still goes into the Veterans Trust Fund has proven insufficient to keep up with the costs of veterans services.

BLACK CAUCUS VOWS TO FIGHT EFFORTS TO GUT ANTI-DISCRIMINATION LAWS

Bills advancing in General Assembly would weaken Missouri Human Rights Act

The Legislative Black Caucus today vowed to vigorously fight all attempts to weaken the Missouri Human Rights Act and reverse decades of civil rights progress. At issue is legislation that seeks to bar the courthouse doors to many legitimate claims of employment discrimination and further protect wrongdoers by limiting damage awards in those cases that still manage to clear the proposed new legal hurdles.

"The Missouri Human Rights Act is neither onerous nor complex," said Legislative Black Caucus Chairman Steve Webb, D-Florissant. "Employers who treat their workers with fairness and respect have nothing to fear. But if an employer wrongfully discriminates, the law will hold it accountable for its actions. We do not feel that expecting businesses to treat all people with dignity is asking too much of them."

The Senate began debating its version of the discrimination bill, SB 592, on Wednesday, but the Senate's only three African-American members successfully prevented it from coming to the quick vote that supporters had sought. The Senate is expected to resume debate on the bill this afternoon.

"This bill does not address the sanctity of the worker in our state," said state Senator Robin Wright-Jones, D-St. Louis. "Civil rights offices in St. Louis and Kansas City strive to eliminate, reduce and remedy discrimination in various areas of our state, including housing, employment and education. How can we say we are protecting the sanctity of the worker when legislation such as SB 592 would eliminate these offices' roles, offices that work to protect the best interest of the citizens of our state?"

During a news conference in the Capitol, the Black Caucus announced its full support of the efforts of its Senate members to block SB 592. The caucus also denounced the House version of the measure, HB 1219, which was recently approved by the House Workforce Development Committee and could be brought up by the full House for debate as early as this week.

"This legislation would be devastating to those who have been discriminated against in the workplace, and the Black Caucus is committed to fighting these bills every step of the way," said state Senator Kiki Curls, D-Kansas City.

Governor Jay Nixon vetoed similar legislation last year, and the Legislative Black Caucus is confident he will do so again if the efforts to stop the bills from clearing the Republican-controlled General Assembly fall short.

"Gutting Missouri's anti-discrimination laws would allow unscrupulous employers to do whatever they want to workers, for whatever reason they want, without fear of consequence," said state Senator Maria Chappelle-Nadal, D-University City. "Missouri must not put profit ahead of people, and this legislation must not become law."

14 February 2012

Allen: Update on Six Proposed Bills

My Legislation


The past two weeks have been extremely busy for us. We had five bills heard in committee – House Bills 1032, 1033, 1049, 1051, and 1188 – and are awaiting action on HB 1052 which will be referred to the Elections Committee.

HB 1032 had a hearing on February 1st in the Professional Registration and Licensing Committee. The bill adds professional counselors to the list of potential court appointees to do adoptive investigations. Counselors and the work they often do with children and families make them prime candidates to conduct adoptive investigations. These investigations are often initiated to assess the ability of potential adoptive parents to care for a child or to investigate reports of abuse or neglect. This bill was passed out of committee this past Wednesday, February 8th.

HB 1033 had a hearing on February 1st in the Health Care Policy Committee. HB 1033 requires that breast density information be included in mammography reports. Both dense breast tissue and cancerous growths appear white on mammography scans. Breasts with high density can possibly hide small cancerous growths. Mounting evidence also suggests that high breast density is an independent risk factor for breast cancer. This information should not lead anyone to panic, but it should facilitate open dialogue about the issue with your doctor.

HB 1049 was heard on February 8th in the Children and Families Committee. This is the bullying bill. While bullying seems trivial to some, the reality is that it has a lasting impact on the victim. There have been far too many tragedies in Missouri that have resulted from bullying. This bill formally defines “cyber-bullying” and gives schools the tools to implement policies that suit their unique district. Many school districts currently have procedures regarding bullying and/or cyber-bullying but do not have the formal ability to enforce them. Because of this, bullying often goes unreported and unchecked. If passed, schools can address bullying and new bullying methods and take action with the full backing of the law. There was no opposition and we are waiting for it to be voted out of committee.

HB 1051 was heard on February 1st in the General Laws Committee. This is my comparative audit legislation. This bill would allow the State Auditor to conduct a one-time comparative audit of 5-10 of the largest state agencies to look at best practices and recommend their broad implementation. For example, if one department has a computer management system that appears more efficient than that of another department, this audit report would make us aware of that and note the estimated cost-savings if a switch were implemented. Of course, in reality it is a bit more complex than that. Other states routinely do these types of audits to find and implement best practices. Washington State’s last comparative audit, for example, reported a potential savings of $60-70 million. This legislation was voted out of committee on February 8th and has now been sent to the Rules Committee.

HB 1052 will be referred to the Elections Committee later this week. This bill would establish a closed primary system in Missouri. A closed primary system is a system in which only registered party members can vote in a primary for the political party they are affiliated with. 27 states currently have a closed primary system. The philosophical underpinning of this legislation is that political primaries are a party function and are quite different than a general election. It is a party’s, and its members’, responsibility to pick their candidate. Such a system would help eliminate voter fraud and minimize questionable results. For example, last week the St. Louis Post Dispatch’s Bill McClellan on February 1st urged Democrats to pick up a Republican ballot in last week’s primary and cast a protest vote for Bachmann in order to put Missouri “back on the political map.” This is not only a Republican issue. In 2008, after the Republican nomination was determined, Rush Limbaugh promoted a similar scheme and urged Republicans in remaining primary states to vote for Hillary Clinton in the Democratic Primary to keep the Democratic Party “at war with itself.” Such actions could be seen as an insult to our democracy and a misuse of the ballot box. This bill would seek to correct this and minimize this problem.

HB 1188 was heard before the Health Care Policy Committee on February 1st. This bill would allow school nurses to stock asthma related rescue medication, including albuterol, to treat children in emergency circumstances. Children often have their first asthma attack at school and these episodes can be life threatening. HB 1188 was voted out of committee as a consent bill with no one voting in opposition.

Appropriations Committee Update


Our Appropriations Committee on Health, Mental Health, and Social Services has met with all relevant departments over the past three weeks. I was in charge of the subcommittee that looked in-depth at the Department of Social Services (DSS). We had over 6 hours of testimony from DSS. To ensure that the committee received transparent and complete information, we did significant research prior to the meeting.

We looked at General Revenue appropriations compared with actual expenditures for each line item in the DSS budget over the past five years. There are over 100 line items in the DSS budget. Looking at these statistics over the past five years allowed us to see what was consistently restricted, what programs were consistently under or over spent based upon the appropriation, and what the trend for each line item has been over the past few years. This line of questioning sought to open up the core budget of DSS and make their spending as transparent as possible.

Recently Passed Legislation by the House


HB 1329, sponsored by Rep. Ryan Silvey (R-38), authorizes the Director of the Department of Revenue to issue a permit to allow the temporary operation of a motor vehicle or trailer by a buyer and changes the laws regarding motor vehicle registration. This is a good government change to existing law to increase efficiencies in the system.

HB 1311, also sponsored by Rep. Ryan Silvey (R-38), authorizes a state and local sales and use tax exemption on items related to data storage centers and several farm facilities. This bill is an important economic development tool to establish an environment to encourage these industries to come to Missouri and create jobs and expand existing operations here and add more employment positions.

HB 1219, sponsored by Rep. Kevin Elmer (R-141), changes the laws regarding unlawful discriminatory employment practices as they relate to the Missouri Human Rights Act and establishes the Whistleblower Protection Act. This bill corrects inequities that have arisen in our system due to several recent Court decisions over the past several years. The legislation would return Missouri law to the position it used to occupy as a mirror to the federal civil rights law. The proposed legislation would re-establish a level playing field for all employers and employees, allowing employers to properly deal with problem employees while still providing employees the protections they deserve. In this difficult economic environment, where employers are faced with increasing burdens in the areas of taxation, regulation and litigation, we should do all we can to ensure that our small business owners have a level playing field in our State so they can operate in a stable and certain business environment.

HB 1104, sponsored by Rep. Shane Schoeller (R-139), specifies that a person seeking to vote in a public election must show valid photo identification to election officials before they can receive a ballot and have it counted. This is a common sense piece of enabling legislation that will support and implement the constitutional ballot question that all Missourians will be able to vote upon this coming fall. In this day and age of excessive and rampant voter fraud and voter registration fraud, we should do all we can to protect one of our most sacred and fundamental rights, the right to vote.

Presidential Primary


The media this past week was replete with news stories calling this week’s presidential primary a “waste of money” or a “beauty contest.” The media focused their outrage on the General Assembly for not acting to save the state $7 million by eliminating the nonbinding primary.

However, what is not mentioned is the fact that we passed SB 282 last session. This legislation would have tied the choosing of our delegates to the primary results by moving the election to March as the national parties wished.

Unfortunately, the Governor vetoed this important piece of legislation and we lost half of our delegates to the party conventions. Faced with this possibility, the state party decided to choose our delegates through the caucus process ensuring that all delegates would be counted. Now, we will rely on the outcome of the party caucuses on March 17 to finish the job.

Scholarship Opportunity for High School Senior Women


As in the past, members of the Women Legislators of Missouri will sponsor a scholarship award for graduating high school senior women in our state. They will be awarding nine $500 scholarships to 2012 graduating women. One recipient will be chosen from each of the nine Missouri U. S. Congressional Districts for a scholarship award. For more information and the application, please e-mail Denia Fields at: denia{dot}fields{at}house{dot}mo{dot}gov.

Lant: Temporary Motor Vehicle Permits, Tax Breaks For Data Storage Centers

We had a busy week with some lively discussion and ended up passing several bills. HB 1329 authorizes the Director of the Department of Revenue to issue temporary permits for motor vehicles and trailers and simplifies motor vehicle registrations, HB 1311 authorizes local sales and use tax exemptions for storage centers and farm facilities. Both of these bills should encourage industry to come to Missouri creating jobs, expanding existing operations, and adding employment. HB 1219 changes laws regarding unlawful discriminatory employment practices and establishes the Whistleblower Protection Act. This allows a level playing field for all employers and employees. In this difficult economic environment where we are faced with increasing burdens in taxation, regulation, and litigation, we should all do what we can to ensure our small business owners have the best chance to flourish. HB 1104 specifies that a person seeking to vote in a public election must show valid photo identification to election officials before they can receive a ballot and have it counted. In this day and age of rampant voter fraud and voter registration fraud, we need to do all we can to protect this sacred and fundamental right. As you can imagine, these bills caused some great floor debate with differences of opinion noted by both sides. In the end they passed with bi-partisan support and will be sent to the Senate for their consideration.

The media last week accused our state of wasting huge amounts of money on a presidential primary that was little more than a "beauty contest". We in the General Assembly were accused of inaction by not passing legislation to prevent this 7 million dollar waste of effort. What they fail to mention is that we did pass legislation and the Governor vetoed it. By his failure to allow the election to be moved to March as both national Parties wished, we had to go to the caucus system in order for all our delegates to count. It's amazing how much clearer it becomes when the whole story is told.

I've got some news that is not nearly as much fun to report as some things I get to write about. I've been made aware that Southwest Missouri leads the state in child abuse. How on earth is this possible? I couldn't believe what I was hearing so I started checking with people who are much better informed than I am. Educators, Law Enforcement people, Children's Services, Office of Child Advocate, Division of Family Service, Emergency Service personnel, and others, all agree that the system is broken. While I was still trying to figure out if we need different laws or better enforcement of existing laws, I was informed that even if we were to remove more children from abusive homes, there aren't enough foster homes to place them in! This is an unbelievably complicated issue. I am going to do everything in my power to help find a resolution to these problems and see that the most precious asset we have, our children, are properly cared for and protected. Awareness of the problem is the first step, and now you are aware of the problem as I. The first step, as I see it, is to increase the number of Foster Homes in the area. I have been told that because there is no place to put children, some borderline abuse cases are overlooked. This is simply not acceptable. Why not appeal to faith Based organizations, (I just did), to implore their congregations to become active in the Foster program. Once the agencies know there are ample safe homes to place abused children in, they can become more proactive in their investigations. This is
truly the 800 pound gorilla in the room! We absolutely must find a solution to these problems. I plan to have informational seminars at the Capitol and bring in the Family Services and Child Advocates office to help us understand the extent of the problems. I welcome any input, advice, good ideas, etc. We can find solutions if we all get involved and work together.

We had a lot of bills moving out of committee this past week so there should be plenty of floor work coming up. I'll keep you posted. Until then, I am, and remain, in your service.

13 February 2012

Kelley: Colder Weather, Warner Hearts This Week,

This week Old Man Winter’s icy numbing touch has hit the state. As we think more of our loved ones this week courtesy of the celebration of Valentine’s Day, I would like to remind you to keep those most precious to you close to your heart. I want to wish a Happy Valentine’s Day to my favorite Valentine: my beloved wife, Ann.

“Love is a promise, love is a souvenir, once given never forgotten, never let it disappear.”–John Lennon

Legislative Update


The following bills were Perfected and Third Read last week and head now across the Rotunda to the Senate for consideration:

HB 1329, sponsored by Rep. Ryan Silvey (R-38), authorizes the Director of the Department of Revenue to issue a permit to allow the temporary operation of a motor vehicle or trailer by a buyer and changes the laws regarding motor vehicle registration. This is a good government change to existing law to increase efficiencies in the system.

HB 1311, also sponsored by Rep. Ryan Silvey (R-38), authorizes a state and local sales and use tax exemption on items related to data storage centers and several farm facilities. This bill is an important economic development tool to establish an environment to encourage these industries to come to Missouri and create jobs and expand existing operations here and add more employment positions.

HB 1219, sponsored by Rep. Kevin Elmer (R-141), changes the laws regarding unlawful discriminatory employment practices as they relate to the Missouri Human Rights Act and establishes the Whistleblower Protection Act. This bill corrects inequities that have arisen in our system due to several recent Court decisions over the past several years. The legislation would return Missouri law to the position it used to occupy as a mirror to the federal civil rights law. The proposed legislation would re-establish a level playing field for all employers and employees, allowing employers to properly deal with problem employees while still providing employees the protections they deserve. In this difficult economic environment, where employers are faced with increasing burdens in the areas of taxation, regulation and litigation, we should do all we can to ensure that our small business owners have a level playing field in our State so they can operate in a stable and certain business environment.

HB 1104, sponsored by Rep. Shane Schoeller (R-139), specifies that a person seeking to vote in a public election must show valid photo identification to election officials before they can receive a ballot and have it counted. This is a common sense piece of enabling legislation that will support and implement the constitutional ballot question that all Missourians will be able to vote upon this coming fall. In this day and age of excessive and rampant voter fraud and voter registration fraud, we should do all we can to protect one of our most sacred and fundamental rights, the right to vote.

Consent bills (zero fiscal note, no penalty provisions, non-controversial in nature) that were third read and passed on the House Floor this week:

HB 1036, sponsored by Rep. Tony Dugger (R-144) repeals the provision that require a political party’s emblem to be printed on an election ballot above the party caption.

HB 1039, sponsored by Rep. Mike Leara (R-95) allows a retiree of the Missouri Local Government Employees’ Retirement System to have health insurance or long-term care insurance premiums deducted from his or her retirement allowance.

HB 1099, sponsored by Rep. Paul Fitzwater (R-152) designates March 26th of each year as “Veterans of Operation Iraq/Enduring Freedom Day.”

HB 1100, sponsored by Rep. Paul Fitzwater (R-152) designates March 30th of each year as Vietnam Veterans Day.”

HB 1105, sponsored by Rep. David Day (R-148) allows the Adjutant General to waive the maximum age requirement for a member of the state militia.

News and Events


Scholarship Opportunity for High School Senior Women

As in the past, members of the Women Legislators of Missouri will sponsor a scholarship award for graduating high school senior women in our state. They will be awarding nine $500 scholarships to 2012 graduating women. One recipient will be chosen from each of the nine Missouri U. S. Congressional Districts for a scholarship award. For more information and the application, please e-mail Denia Fields at denia{dot}fields{at}house{dot}mo{dot}gov.

Important Tax Information

Taxpayers making $57,000 or less can visit www.irs.gov/efile to prepare and E-File federal tax returns for FREE, a landmark partnership between the IRS and tax software providers.

Please contact me with any suggestions that you may have for Missouri legislation. Also, if you should experience problems in contacting or resolving an issue with a Missouri state agency, please feel free to call my Capitol office at (573) 751-2165 or email at mike{dot}kelley{at}house{dot}mo{dot}gov. Thank you for the honor to serve as your Representative in the Missouri House of Representatives. Until my next update, I am, and remain, in your service.

Nance: Bill Would Mandate Annual Report From Towns On Collected Fines

I offered HB1268 which requires the governing body of a city, town, or village to prepare and send to the department an annual report of the fines and court costs collected and the entity’s general revenue for the year. If fines and court costs exceed the 35% limit, the entity must include with the report the payment of any excess revenues. The department director is required to disburse the excess to the schools of that county. Failure to send the annual report or excess revenue to the department director will result in the city, town, or village being subject to a civil penalty of up to $1,000.

I also presented HB 1291 to the Professional Registration Committee. It requires a person conducting a home inspection to be licensed by the Division of Professional Registration within the Department of Insurance, Financial Institutions and Professional Registration.

The House passed HB1104 which would require a photo ID to vote. Measures are in the bill for provisional ballots for anyone not having a photo ID and the state would accept the cost of providing the ID.

HB1311 also moved to the Senate this week. It authorizes a state and local sales and use tax exemption on items related to new data storage centers.

Rodney Tucker and Steve Snelling came to the Capitol Wednesday representing North Kansas City Beverage.

Doug Crews, the former publisher from Lawson was also here to represent Newspaper Publishers and Editors. He is now in Columbia.

I also met Representative Ron Schieber’s Legislative Assistant John Morelli, a Parkhill graduate. He beamed with excitement to tell me Troy Snelling was his teacher and Troy inspired him to become involved in this profession. We have found that Troy has touched the lives of many students with his teaching techniques.

Insurance


Do you really understand your auto coverage? We are debating some uninsured motorist bills and I have added an attachment for your review. If you have only liability and someone damaged your car in the middle of the night and drove off, your coverage would not pay for the repairs. Know your coverage.

In the District


Sally and I attended the Farris Theatre on February 3rd for a special picture with over 400 people. Last Friday, I was one of the judges for the Chili Cook-off at Valley Manor in Excelsior Springs.

10 February 2012

Newman: Two Discriminatory Bills Pass House, Third On Its Way, Progressives Introduce Job Creation Counter

Sad to say but I’m not proud of the actions of the Missouri House this past week.

We passed out both of the Discrimination bills…to date (HB1219 and HB1104), as the Democratic caucus refers to them. Yesterday, our entire Democratic Caucus stood strong with 4 hours of rigorous intense arguments to protect Missouri workers and voters. My Democrat colleagues argued loud and passionately, some standing at the mikes for over an hour to be recognized - in efforts to remind the body of potential serious civil rights rollbacks and the consequences.

Arguments made in favor of these were misleading and inaccurate which I believe does not serve well those who trust in us. I was reminded of the quote yesterday…”You are entitled to your own opinion, but not to your own facts”.

HOUSE AGAIN PASSES UNCONSTITIONAL VOTER SUPPRESSION BILL


In what has become an annual ritual, the Republican-controlled House of Representatives passed legislation Thursday that would require voters to show government-issued photo identification at the polls as a condition of ballot even though the Missouri Supreme Court in 2006 ruled that such a requirement violates the voting rights provision of the state constitution.

The bill, HB 1104, was sent to the Senate on a straight party-line vote of 101-54, with Republicans in support and Democrats opposed, after Republicans cut off debate.

As I have been promising you, I argued loud on the floor against voter suppression based on non-existent voter impersonation fraud. I said:

“There is a tidal wave of assault on the right to vote nationwide – last year 34 state legislatures considered limiting voting rights. When voting rights are attacked, they are done to facilitate attacks on other rights: workers, basic women’s rights and labor rights which we’re seeing done here today. This voting rights assault threatens to undermine political participation by blocking access to people of color, the poor, the elderly and the young. Why? Because they simply don’t “vote right”.

MEDIA LINKS HERE AND HERE.

According to the Missouri Secretary of State’s Office, an estimated 250,000 legally registered Missouri voters don’t have a government-issued photo ID.

Many of those people, through no fault of their own, are unable to obtain a photo ID because the supporting documentation needed to get one, such as a birth certificate, can’t be located by state and county officials because the documents were lost or destroyed or, in the case of many elderly voters, never existed because of record-keeping standards decades ago were spotty in some areas of the state. Many too would have the hardship – time and expense - of locating these required documents with seals including marriage licenses (for those who have changed last names) if they are out-of-state or even out-of-country.

Gov. Jay Nixon, a Democrat, vetoed a similar bill in 2011 and likely would do so again. The General Assembly last year approved a proposed constitutional amendment that would give lawmakers the authority to impose a photo voter ID requirement, but it doesn’t go on the statewide ballot until November. Until and unless Missouri voters ratify the amendment, a photo voter ID requirement remains unconstitutional and unenforceable in Missouri.

HOUSE AND SENATE EACH PASS DISCRIMINATION BILLS


The Senate and House of Representatives have traded legislation to make it easier for employers to escape legal responsibility for engaging in workplace discrimination. The Senate passed its discrimination bill, SB 592, on Feb. 8, while the House followed suit and approved its version, HB 1219, on Feb. 9. The bills now switch chambers.

Both bills would substantially raise the legal bar for bringing claims of unlawful workplace discrimination based on race, gender, age disability or religion. For cases that still manage to make to court, the bills would severely limit the amount of damages victims could recover. Weakening Missouri’s workplace discrimination laws is a top priority for the Missouri Chamber of Commerce and Industry and the state’s other major business groups.

The Senate bill passed on a straight party-line vote of 25-8, with Republicans in support and Democrats opposed. In the House, Republicans had to cut off debate in order to bring the bill to a vote. The bill passed 89-68, with a handful of Republicans joining unanimous Democrats in opposition. Gov. Jay Nixon, a Democrat, vetoed similar legislation last year and has indicated his intent to do so again this year.

And a quote from Majority Floor Leader Rep. Tim Jones –“Missouri court decisions in the last decade have swung the pendulum too far in favor of employees”.

AND YET ONE MORE DISCRIMINATION BILL ON IT’S WAY


HB1541, sponsored by Majority Floor Leader Rep. Tim Jones was heard this week in the House Healthcare Policy Committee which I sat in during a break in my Appropriations Hearings.

This bill specifies that any medical professional, including an individual who may be asked to participate in any way in a medical service, or health care institution where medical services are provided, has the right not to participate in and cannot be required to participate in a medical service, including any phase of patient medical care, treatment, or procedures, that violate his or her conscience including his or her religious, moral, or ethical principles. In addition no medical progression or healthcare institution can be civilly, criminally, or administratively liable for declining to participate in any medical service that violates his or her conscience.

As you can imagine, this proposed legislation is far reaching and could cover a multitude of medical situations where we rely on medical professionals to be ethical.

I thank Dr. Ira Kodner of Washington University, nationally known medical ethics specialist and Dr. Ed Weisbart, retired chief medical officer of Express Scripts for testifying against HB1541 Wednesday in Jefferson City. I truly appreciate that they (accompanied by Ira's wife Barbara) were willing to make the trek from St. Louis to the state Capitol on a work day. They both gave compelling and even chilling arguments why Rep. Jones bill would be detrimental to Missourians who depend on physicians and medical entities to provide care.

You should be watching this legislation (as I will) as it is predicted to move quickly through the House. Did I mention Rep. Jones is the Majority Floor Leader who determines which bills we hear and is slated to become the Speaker of the House in 2013?

AND CHECK OUT THIS NEW SITE – MOGOPJOBCOUNTER.COM


Progress Missouri this week announced the launch of MOGOPJobCounter.com, a new high-tech website to monitor the success of our legislative leaders in passing legislation to create more good-paying jobs for Missourians and advance our economic recovery.

At MOGOPJobCounter.com, concerned citizens, advocates and media can find an exhaustive list of legislation passed by the General Assembly to address the number one issue for Missouri families. The website also includes an advanced, dynamic counter to provide an up-to-the minute summary of how many jobs the Republican leadership is creating.

Hoskins: Jet Fuel Tax Extended, Voter ID Advances, Veterans Committee Update

The heat kicked up this week at the Capitol and not just the weather either. As the 96th General Assembly enters the 6th week of our second regular session, the transient heat conduction between House Republicans and Democrats has never been greater as we work together to solve Missouri’s most pressing issues.

Representing Johnson County in the 121st district is an absolute thrill, and I am honored to be working here at the Capitol on behalf of the hard-working citizens back home. Please feel free to visit me here at the Capitol, or contact me through Email or phone. I am working for you, and I care about how you feel.

Tuesday, February 7, 2012


On Tuesday the House debated HB 1104; which changes the law regarding elections by requiring a voter to provide photo identification. The Bill specifies that a person seeking to vote in a public election must establish his or her qualifications as a United States citizen lawfully residing in this state by presenting a form of personal identification containing his or her photograph to election officials.

HB 1431, which I sponsored, was voted Do Pass out of the Transportation Committee. HB 1431, the Aviation Jet Fuel Tax bill, extends the expiration date of the provisions allowing aviation jet fuel tax to be averted and deposited into the Aviation Trust Fund. These funds are then used by the regional airports in our district in order to maintain their safe operation. If we were to allow this tax aversion provision to expire, small regional airports would find making the necessary maintenance and repairs impossible.

Wednesday, February 8, 2012


On Wednesday, HB 1432 was referred to the Committee on Crime Prevention and Public Safety. The bill, which I sponsored, adds professional therapy dog to the definition of “service dog” as it relates to crimes against these animals or crimes impersonating a disabled person.

Veterans Committee – Week of February 6th, 2012


As a member of the Veterans Committee, Chaired by Rep. David Day, I voted for the passage of the following pieces of legislation heard in Veterans Committee:

HCR 12 designates the Honor Flag as the State of Missouri’s emblem of service and sacrifice of service men and women that have given their lives in the line of duty.

HB 1128 authorizes the presentation of a Missouri National Guard Overseas Training Ribbon, a Missouri National Guard state partnership Program Ribbon, and the Order of the Minutemen Award.

HB 1347 gives a bidding preference in a state contract for products and services manufactured, produced, or assembled by certain veteran-owned businesses headquartered in Missouri.

HB 1517 authorizes the issuance of a military medal, and certificate to certain veterans who served in specific conflicts regardless of whether they are or ever have been Missouri residents.

They will now move on to the next step in the legislative process.

Important Tax Information


Taxpayers making $57,000 or less can visit www.irs.gov/efile to prepare and E-File federal tax returns for FREE, a landmark partnership between the IRS and tax software providers.

Girls Night Out – February 28, 2012


February 28th, 2012 marks the third annual fundraiser for the Survival Adult Abuse Center, “Girls Night Out.” The event is from 6:00 pm to 8:30pm at the UCM Union Ballroom. The fundraiser will include vendors, a fashion show, food, and a silent auction. Funds from the event will go toward replacing bedroom furniture and bedding for the shelter. Tickets are $25.00 and are available at the Warrensburg Chamber of Commerce.

Ways to Keep in Contact


I consider communication with my constituents a high priority. My weekly Monday morning chat at 8:45 a.m. with Woody at KOKO Radio on AM 1450 is one of the best ways I’ve found for you to literally “hear” from me. During session or interim, tune in every Monday morning at 8:45 to hear the latest concerning District 121.

Visiting the Capitol


Anytime you find yourself near our Missouri State Capitol (201 West Capitol Avenue, Jefferson City, MO 65101) please feel free to pay a visit. Our state boasts one of the most beautiful Capitol buildings in the nation and you are always welcome.

I would like to thank Steve Bush, OATS Midwest Area Manager, and Tracy Walkup, OATS Midwest Regional Director, Scott Sader, Johnson County Eastern District Commissioner, Destry Hough, Johnson County Western District Commissioner, and William Gabel, Johnson County Presiding Commissioner, for visiting last week. This week I would like to thank David Ewing, Kathy Ray-Smith, Karen Hicklin, Carol Smith, Scotty Walker, Janet West, Patricia Antrim, Linda Hoffman, Nicole Fanel, Christiana Rohdough, Arianne Keen, Lani Ward, Jim O’connor, EJ Hans, Gene Reed, Gary Grigsby, Doug Weiss, Sandy Jenkins, Roy Hoard, and Paul Bonhunk, for taking the time to stop by and visit with me here at your Capitol.

While my schedule does not always provide the opportunity to meet with everyone, I certainly appreciate you coming and hope you enjoyed visiting your Missouri Capitol.


Above is a picture of the Warrensburg Veterans Home New Chapel/Solarium Ribbon Cutting Event held on Thursday, February 2, 2012. Thank you to all who were able to attend and a special thanks to our Veterans for their service to our Country.

Please share this report with anyone you feel would be interested in this information. It is genuinely a privilege to serve as your state representative.

Korman: Voter ID Passes House, Senate Introduces Tolled I-70 Proposal

Welcome to the Missouri 99th District’s report on activities of the sixth week of the Session. There was again activity in Appropriations Committees as we heard from the Departments of Natural Resources, Conservation, and Economic Development. Next week in the Appropriations Committees we will begin what is referred to as “mark-up of the bills”. This process involves making changes to departmental budgets presented to Legislators by the Governor.

House Bill 1280, the bill I am sponsoring, establishes a peer review process for services provided design professionals, was passed by the Professional Registration and Licensing Committee this week. I look forward to it continuing to move through the legislative process.

The Missouri House passed House Bill (HB) 1104, PHOTO IDENTIFICATION REQUIREMENTS FOR VOTERS, as part of our Blueprint for Missouri. HB 1104 takes steps to protect the integrity of our elections by requiring voters to prove their identity. This ensures that each eligible person can vote without having their voice diluted by lawbreakers.

Also, passed this week was House Bill 1219, UNLAWFUL DISCRIMINATORY EMPLOYMENT PRACTICES that would bring current illegal state unemployment practices in line with current federal discrimination law.

Sens. Mike Kehoe, R-Jefferson City, John Lamping, R-Ladue, and Ryan McKenna, D-Crystal City, began the much needed conversation about ways to address Missouri’s long-term need for transportation infrastructure funding by introducing Senate Bill (SB) 752. SB 752 would authorize the Missouri Highway and Transportation Commission to enter into a public-private partnership to finance, reconstruct, and operate I-70. I feel this proposed bill has many problems and is the wrong approach to the I-70 issue. Locally there will be an upcoming Transportation Forum, details forthcoming. This will be an excellent place to express your thoughts.

Next week appears to be as busy as this week as committees are in full swing and debate continues on the House Floor. A House Joint Resolution relating to Veterans will make its way to the Floor. HJR 45 proposes a constitutional amendment requiring the State Lottery Commission to develop and sell a Veterans Lottery Ticket to support the Veterans Commission Capital Improvement Trust Fund.

Denison: Bills Passed Supporting High-Tech Businesses, Voter ID, Veterans Recognition

“He has a right to criticize, who has a heart to help”. –Abraham Lincoln

Measure to Attract High-Tech Businesses Receives House Approval (HB 1311)


One piece of legislation approved this week in the House is meant to attract high-tech companies to place their data storage centers here in Missouri. This is a booming industry that generates in the neighborhood of $27 billion nationwide. It’s one we want to encourage to come to Missouri because it brings with it jobs that provide good salaries and exceptional benefits. The bill we passed this week would allow companies that operate data centers to be exempt from sales taxes for equipment purchases and utilities. The bill would require a company to make an investment of at least $5 million over a three-year period in order to qualify for the exemption. It’s a plan we hope will provide an additional incentive for businesses to take a closer look at Missouri as a destination. The end result would be more jobs and more revenue to help stimulate our economy.

House Approves Voter ID Measure (HB 1104)


During a week when many Missourians went to the polls to cast their votes, the House passed a bill meant to protect the sanctity of the elections process. The bill would require any Missourian that goes to the polling place to prove they are who they say they are by showing a form of photo identification. It’s a system we hope will prevent voter identity fraud from occurring here in Missouri. And we know fraud occurs here in our state as we have seen where one county in Missouri has 125 percent of its population registered to vote. When you have more voters registered than actual residents, it’s obvious some form of fraud is being perpetrated. By requiring anyone who comes to the polling place to show a photo ID, we can ensure each and every vote that is cast is done so by the actual registered voter. And while some have said this may make it more difficult for some Missourians who don’t currently have photo identification, it’s important to point out that the bill includes several provisions to allow citizens to obtain an ID from the state for free and for older Missourians, who may not have a birth certificate or other documentation necessary to obtain an ID, to vote by provisional ballot. It’s a system in place in the state of Indiana where voter turnout has actually increased since it was enacted. We’re confident the state of Missouri will see the same kind of success if it’s put in place here.

Honoring Our Veterans (HB 1099 and HB 1100)


I was proud to vote for two bills this week designed to pay tribute to the heroic individuals who have sacrificed so much in an effort to help preserve our freedoms. The first bill would designate March 26 of each year as "Veterans of Operation Iraq / Enduring Freedom Day". We have seen so many of our citizens leave the comforts of home and family to serve our nation in Iraq and Afghanistan. As they return home, it is vital that we express our gratitude and appreciation for all they have done. Creating a day in their honor is one way we can show how grateful we are for all they have done. It’s with that same goal in mind that we approved another bill that designates March 30 of each year as "Vietnam Veterans Day" in recognition of the courage and patriotism of those who served during the Vietnam Conflict. It’s important that we acknowledge the sacrifices of the veterans of this war as so many of them were not treated with admiration or respect when they returned home from Vietnam almost four decades ago. By creating a day in their honor we can’t erase the past, but we can say thank you to these patriotic souls for all they have done for our nation. It’s something we should do for all of our veterans, not just on special days of remembrance, but each and every day of the year.

Potential Good News for Higher Education Funding


In a previous report I mentioned the governor’s proposed 12.5 percent cut in funding to our system of higher education. I also mentioned the proposal is not one that House members find acceptable. While we’re committed to finding ways to limit the funding cut to our public colleges and universities, the reality of the budget situation makes it quite a challenge. However, good news came this week as the Missouri Attorney General announced his support for a settlement with one of the nation’s five largest mortgage lenders. The settlement could bring in as much as $40 million for the state in the 2013 budget year. The governor has already proposed putting that money toward higher education. It’s something we in the House will look at very carefully in the coming weeks. First and foremost, we need to make certain that these revenues will in fact be available for the next fiscal year. It’s impossible to balance a budget on money that may or may not be there. But it is good news that additional funds may be available to help reduce any funding cut our colleges and universities may have to endure this year. Also good news is the fact the settlement will potentially result in more than a hundred million dollars being returned directly to mortgage holders in Missouri. It’s something I will follow closely so that I can share additional details with you as they become available.

House Website Improved to Provide New Window into the Legislative Process


Anyone interested in following along with the actions of the Missouri House will now have an unprecedented level of access. The official website of the House now provides information on amendments offered to bills and allows site visitors to see which amendments have been added or defeated during discussion on the House floor. In the past, there was no way to know what kinds of changes lawmakers were proposing to bills or how the bill was changed during the debate process. Now, visitors can see the details of each and every amendment offered on the House floor. It’s a change that provides a new level of transparency for the legislative process and one I hope leads to even more government accountability.

To learn more about the new amendment tracking system, please visit: house.mo.gov/content.aspx?info=/info/AmendHowTo.htm

Visitors


There were several visitors to the Capitol this week. On Tuesday, February 7th, Pauline Nugent, Missouri State University, visited my office and discussed funding for higher education.

Also, February 7th, was Missouri Library Legislative Day, and members of The Missouri Library Association from Springfield; Regina Greer Cooper, Jim Schmidt, Kathleen O’Dell, Renee Brumett, Kelley Johnson, Stephanie Smallwood; and Valerie Richardson, Poplar Bluff, visited my office.

Springfield-Greene County Libraries Visitors, Rep. Denison

On Wednesday, February 8th, representatives from Missouri State University and the Missouri Association of Nurse Anesthetists, Kristen MacDonald, Judd Winter, Chris Carpenter, Chris Hummel, and Ann Lewis, were at the Capitol to visit legislators and talk about pending legislation regarding chronic pain management.

Nurse Anesthetists, Rep. Denison, Rep. Burlison

On February 8th, dental hygienists from Ozarks Technical Community College, Jessica Rimel, and Maddison Strasheim; and UMKC dental hygienist Ali Kessler, were at the Capitol to visit legislators and to discuss dental access.

Dental Hygienists, Rep. Denison

On February 8th, Susan Henderson, MS, Autism Center Director, Burrell Autism Center, and Allyson Ashley, LCSW, ACSW, Vice President Operations, Burrell Behavioral Health, Springfield, were at the Capitol and stopped by my office.

Burrell Behavioral Health Representatives, Rep. Denison, Rep. Burlison

On February 8th, there were several visitors from Springfield at the Capitol with the National Multiple Sclerosis Society to discuss interests of those in the district affected by MS, and they provided information to my office about the programs and services offered throughout Missouri. The visitors were, Mary Heiney, Jason Mysch, Debbie Mellentine, Don Garrett, and Buck Van Hooser.

On February 8th, the 2012 Missouri Arts Awards were presented during a ceremony in the Rotunda of the State Capitol. Leah Jenkins, Springfield Regional Arts Council, Melissa S. Scott, Glenda Winkle-Morrow, Caitlin Golike, Cassie Walton, Jeana Varney, Merry Yeager, Stephanie Weddell, all from Springfield, and Alex Dulle, Jefferson City, stopped by my office while at the Capitol for the awards presentation.

On Thursday, February 9th, Buck and Pat Keagy, and Lisa Bakerink with the Bill Rosten Native Butterfly House, Springfield, were in Jefferson City for a public hearing for House Bill 1266. Buck and Lisa testified at the public hearing in support of HB 1266 that would designate the Regal Fritillary as the official state butterfly.

Rep. Denison, Buck Keagy

Rep. Denison, Lisa Bakerink

I look forward to hearing from you, and if you will be in Jefferson City, please stop by my office. If you ever have any questions or concerns, please do not hesitate to contact my office. Best wishes.

Lichtenegger: Three Military-Related Measures Clear House

The following three bills, all military in nature, passed out of the House and reported to the Senate this past week:
  • HB 1100 designates an annual March 30 date as Vietnam Veterans Day in recognition of the courage and patriotism of those who served during the Vietnam conflict.
  • HB 1105 allows the Adjutant General to waive the maximum age requirement for a member of the state militia on a case-by-case basis.
  • HB 1099 is also a designation bill, establishing March 26 of each year as Veterans of Operation Iraq / Enduring Freedom Day. Missourians are and will be encouraged to observe the day with events honoring and remembering those who served their country during those operations in Iraq and Afghanistan.
Last week I reported a summary of HB 1104, the voter ID bill, and this week I’ll state the reasons supporters give for its passage. Those are:
  • HB 1104 protects the integrity and principles of our electoral process by ensuring that only eligible persons are voting.
  • HB 1104 ensures that legitimate votes are counted and carry the weight they should by reducing the number of fraudulent votes cast.
  • Voting is the lifeblood of democracy, and HB 1104 keeps legitimate votes from being diluted by those who are willing to break the law.
  • The charges of suppression are overblown because HB 1104 allows citizens to get photo identification for free from the state or their local license bureau.
There has been a flood of comments regarding the February 7 non-binding primary. I always encourage my constituents to exercise their rights as American citizens to vote, even under these circumstances. House Republican Leadership offered the below explanation as to why this primary took place when it did.

The media this past week was replete with news stories calling this week’s presidential primary a “waste of money” or a “beauty contest.” The media focused their outrage on the General Assembly for not acting to save the state $7 million by eliminating the nonbinding primary.

However, what is not mentioned is the fact that we passed SB 282 last session. This legislation would have tied the choosing of our delegates to the primary results by moving the election to March as the national parties wished.

Unfortunately, the Governor vetoed this important piece of legislation. If the Governor had signed this into law, we wouldn’t have faced losing half of our delegates to the party conventions. Faced with this possibility, the state party decided to choose our delegates through the caucus process ensuring that all of them would be counted.

Now, we will rely on the outcome of the party caucuses on March 17 to finish the job. Until that time, it would be good if the media pointed its finger at who really cost the state its presidential primary and the money for the “beauty contest.”


STATE-WIDE NEWS released to the public regarding Missouri’s consideration for a waiver from the federal No Child Left Behind / U.S. Department of Education program.

Missouri education officials are moving closer to submitting a voluntary waiver application to the U.S. Department of Education which, if approved, would provide state and local education leaders with flexibility in meeting requirements of No Child Left Behind.

An approved waiver would allow states to exchange certain federal NCLB requirements for comprehensive state-developed plans designed to improve educational outcomes for all students. Waivers approved in the first and second rounds could go into effect as early as the 2012-13 school year.


Read more about the waiver and what it will mean for Missouri’s Department of Elementary and Secondary Education (DESE) fulfilling the federal requirements.

Constituent Corner


I was delighted to meet with several constituents who visited the Capitol this past week:
  • Bill Bess and Kathy Bess Holloway with the Missouri Beer Wholesalers from Cape Girardeau and Jackson.
  • A group from the Southeast Missouri (SEMO) Food Bank is due special congratulations as recent recipients of a Missouri Foundation for Health (MFH) grant. The SEMO Food Bank serves a 16-county area with emergency food pantries, soup kitchens, homeless shelters and much more.
  • And in the photo [at left] (left to right) are Representative Wayne Wallingford, Jan McSerron and Sondra O’Laughlin. The two Southeast Missouri constituents are with the Long Term Care Ombudsman program. This program provides vital services and support to individuals and their families. It advocates for the rights of long-term care residents regarding their care and treatment; offers information on issues assists with choosing a facility; works to prevent elder abuse and neglect and much more.

MoDOT Southeast District News

A new property on Route 74 in Cape Girardeau County has been added to the Realty to Roads website. The asking price is currently $65,000. For details, please visit: Realty to Roads.

Berry: Protecting Integrity of Missouri's Elections

It is our duty here in the House to protect the integrity of our elections and the principles on which they are based. This week, we took a step toward this goal by passing HB 1104 as part of our Blueprint for Missouri. Although some thing that voter fraud is not an issue, flagrant examples of voter fraud have been recognized and are real. And they could certainly affect the outcome of a close election. HB 1104 takes steps to protect the integrity of our elections by requiring voters to prove their identity. This ensures that each eligible person can vote without having their voice taken away by those who vote illegally. Critics of the bill argue that requiring voters to show a photo ID will suppress elderly, minority and poor citizens, keeping them from the polls. In an effort to alleviate these concerns, HB 1104 allows all citizens without the proper photo identification to obtain one free of charge from the state or their local license bureau. It is our goal in the House to make our policies work better by protecting the core of our democracy. We will continue working hard to ensure that all eligible citizens can vote. It is the right thing to do. I hope the Governor does not veto the bill this year.

HB 1329 authorizes the Director of the Department of Revenue to issue a Permit to allow the temporary operation of a motor vehicle or trailer by a buyer and changes the laws regarding motor vehicle registration. This is a good government change to existing law to increase efficiencies in the system.

HB 1311 authorizes a state and local sales and use tax exemption on items related to data storage centers ans several farm facilities.

HB 1219 changes the laws regarding unlawful discriminatory employment practices as they relate to the Missouri Human Rights Act and establishes the Whistleblower Protection Act. This bill corrects inequities that have arisen in our system due to several recent Court decisions over the past several years.

Bill Information


If you want to track legislation you may log on to www.house.mo.gov and select "Bill Information" and then select "Bill Tracking". You maw search by topic or bill number. If you want to track the bills that I have either sponsored or co-sponsored, just enter my last name and you will be able to look at each of those also.

Tax Information


The tax deadline is soon approaching; make sure you take advantage of the opportunity to file your taxes for free. Taxpayers making $57,000 or less can visit http://www.irs.gov/efile/ to prepare and E-file federal tax returns, for FREE, through a landmark partnership between the IRS and tax software providers.

Unclaimed Property


For the fifth year in a row gift cards and certificates were the most asked for gift for the holidays. In Missouri even an expired gift card or certificate is never really expires, by law any remaining value is required to be turned over to the Missouri State Treasurers Office after five years.

Visiting the Capitol


I also had the pleasure to meet with several area seniors that were visiting the capitol on transportation Day. They traveled by OATS bus and were able to share how important that OATS transportation is to them. I always enjoy when constituents visit the capitol and want to thank all who make the trip. If you ever find yourself in Jefferson City, please feel free to visit.

I am honored to serve as your Representative in the Missouri House of Representatives. If, at any time, you have questions, concerns or ideas to improve our state government and the quality of life for our citizens, please feel free to contact me at 573-751-2238 or tj{dot}berry{at}house{dot}mo{dot}gov.

Dugger: Legislature Did Its Role Trying To Make Presidential Primary Count

"We the people" are the driver, the government is the car. And we decide where it should go, and by what route, and how fast. Almost all the world's constitutions are documents in which governments tell the people what their privileges are. Our Constitution is a document in which "We the people" tell the government what it is allowed to do. "We the people" are free. –Ronald Reagan

It was yet another busy week at the Missouri State Capitol, but before I discuss this week’s happenings I wanted to take the time to address a concern that has been raised by many across the state. The media, this past week, was replete with news stories calling Tuesday’s presidential primary a “waste of money” or a “beauty contest.” Many of the stories pointed the blame at the General Assembly, not the Governor, for not acting to save the state seven million dollars by eliminating the nonbinding primary.

However, what was absent from these news stories was the fact that the legislature did in fact act to move the primary date, and thus make the results meaningful. Last year, I personally filed legislation, House Bill 503, which would have removed the statute requiring a presidential primary to be held in February. Doing so would have moved Missouri’s presidential primary to March. This change would have adhered to the guidelines set by the national parties for when Missouri should hold its primary, and thus would have made the results binding for the distribution of delegates.

HB 503 did not make it through the legislative process, but similar language was included in Senate Bill 282. SB 282 made it to the Governor’s desk but unfortunately was vetoed. If the Governor had signed the bill into law, we would not have faced losing half of our delegates to the national party conventions. With this possibility looming, the state Republican party decided to choose our delegates through the caucus process ensuring that all of them would be counted.

As it stands, Missouri will rely on the results of party caucuses held March 17th to determine the distribution of delegates. Until that time, it would be nice if the media pointed its finger at who really cost the state its presidential primary and the money for the “beauty contest.”

In other election news, the Missouri House third read and passed House Bill 1104. HB 1104, which will now go before the Senate for debate, changes the laws regarding elections by requiring a voter to provide photo identification prior to voting. To me this is common sense approach to ensure the integrity of Missouri’s election process from voter fraud. Some states, which have photo ID requirements, have actually seen an increase in voter turnout. Perhaps it is the peace of mind that comes from knowing that your “legitimate” vote will not be cancelled out someone cheating the system.

Critics of the bill argue that requiring voters to show a photo ID will suppress elderly, minority and poor citizens, keeping them from the polls. They say that these groups are less likely to have photo identification, and it is more difficult for them to obtain it.

In an effort to alleviate these concerns, HB 1104 allows all citizens without the proper photo identification to obtain one free of charge from the state or their local license bureau. However, if the voter cannot afford to pay for the documentation required to obtain an ID, they can still vote by casting a provisional ballot.

Not only is it important that we protect voting, the foundation of our democracy, with elections legislation, but we also must protect the foundation of our economy and society; agriculture. This week the House Committee on Agricultural Policy passed out HCS HJR 41 which proposes a constitutional amendment affirming the right of Missourians to raise livestock in a humane manner without the state imposing an undue economic burden on their owners.

Meanwhile, the House Committee on Transportation advanced House Bill 1107. House Bill 1107 designates Highway 5 between the cities of Ava and Mansfield as the “Missouri Fox Trotting Highway.” Ava is known as the heart of Fox Trotting Country, and also serves as the home of the headquarters of the Missouri Fox Trotting Horse Breed Association. I am honored to be carrying this piece of legislation which will instill much deserved recognition on the important role that the Missouri Fox Trotter has played in the development of Missouri, especially the Ozark region.

For more information about the pieces of legislation mentioned above or about any others that have been introduced, please visit the House of Representatives website, www.house.mo.gov. As always, it is an honor to serve you in the Missouri House of Representatives.

09 February 2012

Lampe: Encouraged By Partial Restoration of Higher Ed Funds

To say I'm encouraged would be an understatement. Governor Nixon gave Missourians great news for higher education this week. The Governor's budget recommendation has been amended to put $40 million back into the General Revenue fund for Missouri's public colleges and universities. The money being added to the General Revenue is a result of a proposed settlement awarding Missouri more than $140 million due to unlawful mortgage bank practices that led to the housing crisis. However, the cuts to higher education is still over 7% which will surely result in a loss of jobs and a reduction of service.

Governor Nixon met with Missouri colleges and universities on Thursday to inform them on the amendment of the recommended budget. Governor Nixon would like to see the money put back into scholarship programs for higher education including A+, Bright Flight, and Access Missouri. As ranking member of the House Budget Committee, I assure you I am looking under every rock to find revenue.

Elementary and Secondary Education Committee


The Elementary and Secondary Education Committee heard testimony on three bills this week: House Bill 1157, Teacher Contract Renewals, House Bill 1387, Public School Calendar and House Bill 1228, Charter Schools.

The Charter Schools Bill was voted upon on Wednesday and passed out of committee by a vote of 17-6. If you would like to learn more about HB 1228, click here.

On the Floor this Week


It was a passionate and emotional week of debate on the Floor. House Bill 1219, Discriminatory Employment Practices, was passed by the House on Thursday. This legislation changes the laws regarding unlawful discriminatory employment practices under the Missouri Human Rights Law. You can read more about this bill and its involvement in the house and senate here.

The other bill debated, House Bill 1104, Voter Identification Requirements, would require voters to produce government-issued photo identification at their polling place in order to cast a regular ballot. The House also passed this legislation on Thursday. Click here for more information on this legislation.

Former Student Spotlight


Emma Wilson attends Missouri State University, where she studies history and geography. She is featured on KSMU, Ozarks Public Radio, as a part of the "Sense of Place" series.

Emma recently had a story about the Ava Drug soda fountain. Click here if you would like to read Emma's latest work with KSMU.

Emma is also a park ranger at Wilson's Creek National Battlefield.

Jeff City Journal Interview


It was an honor to have the opportunity to talk to Missy Shelton of the Jeff City Journal. Budget Chairman Representative Silvey and I discussed the state budget shortfall. The conversation focused on higher education funding and tax credits. These are very important issues to both Chairman Silvey and myself. Click here if you would like to view the entire interview.

Women's Legislator Scholarship


Women Legislators of Missouri will sponsor a scholarship award for graduating high school senior women in our state. We will be awarding nine $500 scholarships to young women graduating in 2012. One recipient will be chosen from each of the nine Missouri U. S. Congressional Districts.

The applications must be received by noon, April 20, 2012. The application will focus on leadership and community service of the student. Another component of the application is a 500 word essay answering the question, "If you were elected Governor of the great state of Missouri, what would you hope to accomplish and why?" More information on this scholarship can be found here. The application for this scholarship can be found here. Please consider applying for the Women's Legislator scholarship and please pass this news on to anyone who may be interested.

Kelley: Rhode Island's Democrats Enacted Voter ID Requirement, Why Not Missouri's?

Let me start this week’s Capitol Review with a story that has so far escaped national attention. This story is about a state—led by a governor known for controversial positions, and backed by an overwhelmingly partisan legislature. This state recently passed a bill to require photo identification before allowing its citizens to exercise their constitutional right to vote. Critics from the Democratic Party dismissed it as “out-of-touch,” “discriminatory,” and a step back. Democratic stalwarts such as Bill Clinton alluded to laws like this being a return to the days of Jim Crow. Even the chair of the Democratic National Committee, Debbie Wasserman-Schultz, proclaimed on national television, “I don't regret calling attention to the efforts in a number of states with Republican-dominated legislatures . . . to restrict access to the ballot box for all kinds of voters, but particularly young voters, African Americans and Hispanic Americans.”

So what far right-wing Republican state passed such a backwards law designed to discriminate against minorities and the poor? Rhode Island—led by liberal governor Lincoln Chafee and an overwhelming Democratic General Assembly. Yes, even in one of the bluest states in the nation, with a House of Representatives composed of 65 Democrats, 9 Republicans and 1 Libertarian, and with a Senate composed of 29 Democrats, 8 Republicans, and 1 Independent, the Assembly found it fit to pass a voter ID law. This was not by a threadbare majority, either—the Rhode Island House passed the measure by a vote of 54-21, and the Rhode Island Senate passed it by an astounding 34-3.

This raises the question: if it can be done in Rhode Island, why not Missouri?

That is why the House tackled a voter identification bill this week. HB 1104, sponsored by Shane Schoeller, mandates that any person who wishes to vote must simply show a valid photo identification before they are able to vote. If the voter does not have valid identification, they are allowed to cast a provisional ballot, which will then be counted if they return to their local election authority within three days to present the appropriate identification. Those who cannot afford to pay the cost associated with obtaining valid identification are able to sign an affidavit to receive a ballot. Further, any and all costs incurred by a local election authority in implementing the photo identification requirement will be incurred by the state of Missouri. In short, HB 1104 is a common-sense piece of legislation that protects our most sacred and fundamental right as citizens of a representative republic.

It is easy to turn up stories of voter fraud across the United States. And these are not new—as a historical sidenote, many scholars suggest that there is evidence to speculate that John F. Kennedy led our Nation into his “New Frontier” with help from voter fraud in Chicago and Texas. More recent stories about ACORN’s responsibility for 400,000 faulty voter registrations nationwide in 2008, 5,000 non-citizens voting in the 2010 Colorado Senate race, and a 2008 report in Wisconsin that spoke of organized attempts to cheat at the ballot box give more reason to be on alert. And the Republican National Committee, in an effort to ensure these cases do not go unnoticed, conducted research that found that 46 out of our 50 states had documented, confirmed instances of voter fraud.

Opponents of HB 1104 and similar pieces of legislation from past sessions of the General Assembly have always been quick to pronounce that such isn’t the case in Missouri. But contrary to their talking points, the possibility for voter fraud is also present in the Show-Me State. MissouriWatchdog.org reported in 2010 that there are 15 counties in Missouri where the number of registered voters exceeded the eligible voting population—including Reynolds County, which had an astonishing 125% voter registration. Back in 2004, the Kansas City Star reported that Missouri had an astounding 98% voter registration, and in 2005, a federal court found that 37 Missouri jurisdictions had more registered voters than eligible voters.

Does this conclusively prove that voter fraud is occurring? No. But, when there are such obvious flaws in the system that there are more registered voters than eligible voters, something has to be done. Just because the cliché to “give 110% percent” has become conventional wisdom doesn’t mean we need to abide by that philosophy when it comes to voter registration.

And, for all the talks from opponents that this legislation would disenfranchise voters, the facts are coming in from states like Georgia, which saw African-American turnout rise from 42% in 2006 to over 50% in 2010—after Georgia passed a voter identification bill similar to HB 1104. Similar stories arose in Indiana and Mississippi. And why wouldn’t they? After all, according to a Rasmussen poll, 69% of Americans support the common-sense requirement of showing photo identification before being allowed to vote. Opponents of the bill should realize something: when you get to 69% support on a particular piece of legislation, it’s no longer a preference of the voters—it’s a mandate, and it’s a dereliction of our duty as representatives of the people if we don’t abide by their wishes for nothing more than partisan political purposes.

The Missouri House passed House Bill 1104 this week by perfecting, printing and third reading it. It will now move on to the Missouri Senate, but if it’s anything like last year, it will pass out and head to Governor Nixon’s desk only to receive a VETO. I do have to wonder why Governor Nixon doesn’t like this simple piece of legislation that seems to be of good common sense to this Legislator.

Please contact me with any suggestions that you may have for Missouri legislation. Also, if you should experience problems in contacting or resolving an issue with a Missouri state agency, please feel free to call my Capitol office at (573) 751-2165 or email at mike{dot}kelley{at}house{dot}mo{dot}gov. Thank you for the honor to serve as your Representative in the Missouri House of Representatives. Until my next update, I am, and remain, in your service.

Tishaura Jones: Redistricting Cases Await Hearings, Governor's Appointment Barred From Board Of Curators

COGNRESSIONAL REDISTRICTING GOES BACK TO HIGH COURT


For the second time, Cole County Circuit Judge Dan Green on Feb. 3 upheld the validity of Missouri’s new congressional redistricting plan, prompting another appeal to the Missouri Supreme Court, which has already reversed Green once in the case. The high court has issued an order to expedite the proceedings.

Green originally dismissed the challenge in December, but the Supreme Court last month overturned that decision and remanded the case to Green for a trial on whether the redistricting plan, which the Republican-controlled General Assembly enacted in May over Democratic Gov. Jay Nixon’s veto, meets the Missouri Constitution’s requirement that districts are “as compact … as may be.” The court specifically instructed Green to pay particular attention to the oddly shaped Third and Fifth Districts. The new Third District stretches from the St. Louis suburbs to central Missouri, while the new Fifth District combines Kansas City and most of Jackson with three rural counties to the east.

In his latest ruling, however, Green made no specific findings regarding the Third or Fifth Districts and merely said the map as whole meets the constitutional compactness standard. Green’s failure to follow the Supreme Court’s directive is expected to be a key issue in the latest appeal. Candidate filing for the August congressional primaries is scheduled to begin on Feb. 28, but legislation has been filed in the Senate that would delay the start of candidate filing until March 27.

SENATE BLOCKS APPOINTMENT TO UM BOARD OF CURATORS


Craig Van Matre, the on-again-off-again member of the University of Missouri Board of Curators, is off the board for life after the Senate on Feb. 2 refused to allow a vote on his confirmation. Several Republican senators said they opposed the appointment because several years ago Van Matre, a Columbia attorney, wrote newspaper commentaries critical of GOP senators who were seeking to scuttle Missouri’s nonpartisan system for selecting state judges.

Gov. Jay Nixon originally nominated Van Matre, a Columbia attorney, to the governing board of the UM System in January 2011 but withdrew the nomination in May after the Republican-controlled Senate failed to act on it before the end of the 2011 legislative session. Nixon, a Democrat, reappointed Van Matre in June and because the Senate wasn’t in session, Van Matre was allowed to immediately take office under the state constitution. Nixon withdrew the appointment again in September when the Senate convened in special session and appointed him a third time once the session had ended.

With a Feb.3 deadline for action on the appointment, Nixon attempted to again withdraw the nomination after it was clear the Senate was going to block it, but the Senate wouldn’t allow him to do so. Under the Missouri Constitution, gubernatorial appointees who fail to receive Senate confirmation are ineligible to ever again be appointed to the same post.

HOUSE AND SENATE EACH PASS DISCRIMINATION BILLS


The Senate and House of Representatives have traded legislation to make it easier for employers to escape legal responsibility for engaging in workplace discrimination. The Senate passed its discrimination bill, SB 592, on Feb. 8, while the House followed suit and approved its version, HB 1219, on Feb. 9. The bills now switch chambers.

Both bills would substantially raised the legal bar for bringing claims of unlawful workplace discrimination based on race, gender, age disability or religion. For cases that still manage to make to court, the bills would severely limit the amount of damages victims could recover. Weakening Missouri’s workplace discrimination laws is a top priority for the Missouri Chamber of Commerce and Industry and the state’s other major business groups.

The Senate bill passed on a straight party-line vote of 25-8, with Republicans in support and Democrats opposed. In the House, Republicans had to cut off debate in order to bring the bill to a vote. The bill passed 89-68, with a handful of Republicans joining unanimous Democrats in opposition. Gov. Jay Nixon, a Democrat, vetoed similar legislation last year and has indicated his intent to do so again this year.

NIXON PARES BACK PROPOSED HIGHER ED FUNDING CUT


Gov. Jay Nixon on Feb. 7 amended his proposed higher education budget for the upcoming fiscal year to restore about $40 million in funding he had previously suggested cutting. The money would come from Missouri’s expected share from a pending settlement of a national fraud lawsuit against the nation’s largest mortgage lenders.

When he released his original budget proposal for the 2013 fiscal year, which begins July 1, Nixon called for cutting the state’s public colleges and universities by 12.5 percent, or $105.9 million. Under the amended proposal, higher education institutions would take a 7.8 percent cut, or $65.9 million. The governor, however, can only recommend spending levels, and it is up to the General Assembly to determine the actual budget.

STATE REVENUE COLLECTIONS UP SLIGHTLY FOR YEAR


Year-to-date net state general revenue collections were up 1.3 percent through the first seven months of the 2013 fiscal year compared to the same period in FY 2012, going from $4.10 billion last year to $4.15 billion this year. Net collections increased 2 percent in January 2012 compared to January 2011, going from $645.3 million to $658.5 million.

HOUSE AGAIN PASSES UNCONSTITIONAL PHOTO VOTER ID BILL


In what has become an annual ritual, the Republican-controlled House of Representatives on Feb. 9 passed legislation that would require voters to show government-issued photo identification at the polls as a condition of ballot even though the Missouri Supreme Court in 2006 ruled that such a requirement violates the voting rights provision of the state constitution. The bill, HB 1104, was sent to the Senate on a straight party-line vote of 101-54, with Republicans in support and Democrats opposed, after Republicans cut off debate.

Gov. Jay Nixon, a Democrat, vetoed a similar bill in 2011 and likely would do so again. The General Assembly last year approved a proposed constitutional amendment that would give lawmakers the authority to impose a photo voter ID requirement, but it doesn’t go on the statewide ballot until November. Until and unless Missouri voters ratify the amendment, a photo voter ID requirement remains unconstitutional and unenforceable in Missouri.

According to the Missouri Secretary of State’s Office, an estimated 250,000 legally registered Missouri voters don’t have a government-issued photo ID. Many those people, through no fault of their own, are unable to obtain a photo ID because the supporting documentation needed to get one, such as a birth certificate, can’t be located by state and county officials because the documents were lost or destroyed or, in the case of many elderly voters, never existed because of record-keeping standards decades ago were spotty in some areas of the state.

JUDGE SETS FEB. 14 FOR HOUSE REDISTRICTING DECISION


Cole County Circuit Judge Patricia Joyce has ordered all parties in a lawsuit challenging the constitutionality of a new redistricting plan for the Missouri House of Representatives to submit written arguments by Feb. 10. She plans to issue a ruling on Feb. 14. A bipartisan group of plaintiffs, including one state representative from each party, is claiming the House redistricting plan drawn by a panel of six state appellate judges violates the Missouri Constitution’s requirement that districts be compact and contiguous.

Joyce cancelled a scheduled Feb. 3 hearing in the case after three Republican state representatives asked to intervene in support of the redistricting plan. In order to expedite the case, Joyce will try the matter based solely on written arguments. Whatever her decision, the case is expected to be appealed to the Missouri Supreme Court.