May 23, 2012

Legislation To Bolster Unemployment Benefits Fund In Trouble

A piece of legislation passed by the General Assembly and signed by Governor Bob Holden could be in trouble. The Board of Unemployment Fund Financing has determined the plan to shore up the unemployment insurance fund through a tax on businesses would violate the Hancock Amendment. Attorney General Jay Nixon is a member of the Board. He says a tax hike like the one called for would require a vote of the people. Gary Marble, President of Associated Industries of Missouri, had claimed all along there was a Hancock violation, and had even considered legal action to deal with this situation. He says this would be an unfunded mandate. Several options are available to fix this problem. Nixon says one would be to have a special session of the Legislature, but he doesn’t expect that to happen in an election year.

Holden Vows To Veto Bill Solving Concealed Weapons Funding Problems

Governor Bob Holden says it will not do any good for the Legislature to send him a bill solving the financial problems of the concealed weapons bill. He’ll veto it. The State Supreme Court says it’s legal to get a license for a concealed weapon. But the Court says there may be an unfunded mandate concern with the fees the state allows counties to charge for processing applications. Some counties complain their costs are not covered by those fees – and that’s unconstitutional. Holden vetoed the original concealed weapons bill. The Legislature enacted it over his veto.

AG To Work With Lawmakers To Address Hancock Concerns In Gun Law

Attorney General Jay Nixon is ready to act to deal with the State Supreme Court ruling on the conceal-and-carry gun law. He’s vowing to work with the Legislature to quickly address the Court’s concerns. The Supreme Court’s 5-to-2 ruling upholds the constitutional right of eligible Missourians to carry concealed weapons. But the Court agrees with plaintiffs in four counties – Jackson, Greene, Camden, and Cape Girardeau – that the paperwork associated with conceal and carry might present an unfunded mandateand violate the Hancock Amendment. Nixon says sheriffs in all other counties could conceivably start issuing permits, but that’s probably not wise, because it would likely open the litigation floodgates. Nixon says he’ll work with the Legislature over the next few days to craft language that will address the funding concerns. Conceal and carry became law when the Legislature overrode Governor Bob Holden’s veto. Holden’s office has issued a statement saying the Governor remains opposed to conceal and carry.

Lawmakers Plan Strategy In Wake Of Concealed Weapons Ruling

State lawmakers say they will evalutate the State Supreme Court ruling to decide what changes must be made to fully enact the conceal and carry law. The ruling questions whether the Legislature violated the Hancock Amendment’s prohibition against unfunded mandates. Under the law, county sheriffs would charge a $100 permit feeto be deposited in the sheriff’s revolving fund that pays for equipment and training. Four counties, in particular Kansas City’s Jackson County, asserted that wouldn’t allow the money to cover processing costs, creating an unfunded mandate. House sponsor Larry Crawford of California says he be will talking with colleagues about addressing the court’s concern. Senate Leader Peter Kinder of Cape Girardeau sponsored the legislation in that chamber. He says study will proceed action. Kinder though says he’s delighted with the ruling, noting that it found nothing in the state constitution to prohibit the legislature from enacting a conceal and carry law.

New Hearing Ordered For Conceal And Carry Gun Law

A new hearing has been called by the judge who has blocked implementation of the concealed weapons law passed by the Legislature this year. Opponents of the law say it violates the Hancock Amendment because it requires county governments to incur additional expenses for gun registration, without adequate state reimbursement. The State Supreme Court will hear the appeal of the judge’s first ruling on January 22nd.