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No overrides at Missouri legislative veto session

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Missourians who ride motorcycles will still be required to wear helmets for at least another year, after the Missouri Legislature sustained all six of Governor Mike Parson’s (R) vetoes on Wednesday at the Statehouse in Jefferson City.

House Speaker Elijah Haahr, R-Springfield, (left) and Majority Leader Rob Vescovo, R-Arnold, speak on the House floor on September 11, 2019 in Jefferson City (photo courtesy of Tim Bommel at House Communications)

Lawmakers gaveled-in at noon for the constitutionally-required veto session, which took less than 45 minutes in both chambers.

The motorcycle helmet bill is a perennial issue that’s been debated annually in Jefferson City for at least the past 20 years.

The organization “Freedom of the Road Riders” says it’s an issue of freedom, and that motorcyclists should have the option of riding without a helmet.

Governor Parson vetoed the bill, expressing safety concerns raised earlier by the Missouri Department of Transportation (MoDOT) about crashes and injuries.

While there were no override attempts in the Senate, State Rep. Deb Lavender, D-Kirkwood, unsuccessfully called on the House to override a veto on a health care bill, which was sponsored by State Rep. Chuck Basye, R-Rocheport.

Lavender says Basye’s bill is needed, noting that eight rural Missouri hospitals have closed.

“I believe our number is up to eight rural hospitals that we’ve lost in our state,” Lavender tells House colleagues. “So yes, this would be one of the ways that we would be able to at least provide some type of health care.”

Representative Lavender predicts revenue will increase, if Medicaid expands.

As for Representative Basye, he tells the House he was focused on the autism/disability portion of the vetoed bill. That portion passed in a separate bipartisan bill, and has been signed into law by Parson. Basye and Lavender teamed up on that bill.

Basye opposed an override attempt, and Lavender’s motion was defeated 105-37, with the 37 votes to override. Under the Missouri Constitution, it takes a two-thirds majority vote in both chambers to override a veto.

Another high-profile bill that was vetoed involves outdoor cremations, which are known as “Viking funerals.” Governor Parson vetoed legislation from State Sen. Jason Holsman, D-Kansas City, that would have allowed outdoor “Viking funerals.”

Holsman’s bill would have allowed funeral directors to perform cremations at an outdoor human cremation facility. Under the bill, only a licensed funeral director could have performed a cremation at an outdoor facility.

In his veto message, Governor Parson expressed concerns about health and safety issues, and called on lawmakers to do more vetting on the issue.

The overall bill was briefly discussed on Wednesday by State Rep. Sarah Unsicker, D-Shrewsbury. She talked about the importance of reducing maternal and infant mortality in Missouri, an issue contained in a separate portion of the bill. Infant and maternal mortality have been priority issues for Unsicker.

There was no attempt to override that veto.

Copyright © 2019 · Missourinet

A snapshot of the Missouri Legislature’s special session this week

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Missouri lawmakers will return to the State Capitol in Jefferson City on Monday for a special session involving a complicated State Supreme Court ruling about vehicle sales.

Missouri Governor Mike Parson signs legislation on July 10, 2019 (file photo courtesy of Governor Parson’s office)

While it’s not officially on the special session agenda, Democrats in both the House and Senate will have an opportunity to speak on the respective floors about the issue of gun violence, which is a top priority for the Legislative Black Caucus.

Governor Mike Parson (R) announced in August that he’s calling the special session over the Supreme Court’s “Kehlenbrink vs. Department of Revenue” case.

“After reviewing the court’s decision, we’ve decided to call a special session because it’s simply the right thing to do for the people of our state,” Parson announced in August. “The enforcement of this decision would create a financial burden on Missouri taxpayers and unnecessary government red tape that we can proactively prevent.”

The Supreme Court’s summer ruling involves using the sale proceeds of a vehicle as a credit against the purchase price of a new vehicle when calculating sales tax. Essentially, the Supreme Court has unanimously ruled that state law unambiguously permits the sale proceeds of only one vehicle as a credit against the purchase price of a new car, for the purposes of calculating sales tax.

“And really, the simple version of it (the Supreme Court’s ruling) is when you trade cars in, for example if you trade two cars in, you get a credit back on those two cars or for that model if you’re buying another one. There was a ruling by the Supreme Court that says you can only do one,” Parson told Missourinet on August 15 at the State Fair in Sedalia. That was the first time the governor had spoken publicly about the issue.

Parson says the ruling impacts about 2,000 to 3,000 Missourians, adding this is money out of their pocket.

GOP leaders in both chambers indicate the special session should end by Friday.

House Majority Leader Rob Vescovo, R-Arnold, has released a schedule indicating the House will have a technical session on Monday, with floor debate and discussion expected Wednesday morning and afternoon. The House is expected to give final approval to the vehicle tax bill on Wednesday.

Senate President Pro Tem Dave Schatz, R-Sullivan, tells Missourinet he expects the Senate to take possession of the bill on Thursday. A Senate hearing would take place Thursday, and Schatz expects the Senate to approve the bill on Friday.

Under the state Constitution, both chambers will also hold the annual veto session Wednesday at noon, which means they will stop the special session and then reconvene it after veto session ends.

Governor Parson vetoed six bills this year. State Sen. Denny Hoskins, R-Warrensburg, tells Missourinet he doesn’t expect any override attempts in the House or the Senate.

As for the Legislative Black Caucus, they support legislation allowing cities with high gun violence, like St. Louis and Kansas City, to approve their own gun control legislation. They wanted Governor Parson to include the issue in this week’s special session.

The governor opposes that, saying there are “many different opinions on how to find a solution.” Governor Parson met with State Rep. Ashley Bland Manlove, D-Kansas City, and other Black Caucus leaders behind closed doors last week at the Capitol. Representative Manlove says the governor is pushing for improved job opportunities in St. Louis and Kansas City.

The governor told Missourinet’s Jill Enders in St. Charles last week that he plans to send Missouri state troopers to St. Louis within the next 30 days. Parson also supports working with churches, to help prevent violence.

Manlove and other Black Caucus members will have an opportunity to discuss the issue on the floors of the House and Senate. Manlove tells Missourinet children are still dying, noting there have been more than 100 Kansas City homicides in 2019.

She says gun violence is “ravaging our streets,” and notes Kansas City and St. Louis have consistently ranked in the top ten deadliest cities for at least a decade.

Copyright © 2019 · Missourinet

Lawmakers, lobbyists to revisit issues for 2020 Missouri legislative session

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Missouri Senate from staff entrance

Long before the new Missouri Legislative session begins in January, lobbyists, lawmakers and activists begin to rally around their respective bills. Here are a few that may live to see another day (or live in another version) in Jefferson City in 2020.

“Stop the Grainbelt Express use of eminent domain” is not the official title of House Bill 1062 but that’s the idea of it. Frankford Rep. Jim Hansen wanted to curtail the Grain Belt Express (or any privately held company) from evoking eminent domain to get to the land it needs to run electrical transmission lines through the state. In this case, wind power is crossing from Kansas to the East Coast via approximately 780-mile overhead, direct current (DC) transmission line. After the Missouri Public Service Commission voted unanimously that the project is in the public interest, the state agriculture industry and many affected landowners went to lawmakers to stop the project, even holding a rally at the Capitol with Lt. Gov. Mike Kehoe.

Why did it fail?

The bill met resistance in the Senate as rural communities, businesses, and municipal utilities also reached out to their lawmakers, seeking the $12.8 million in savings for electricity offered by the Grain Belt Express in Missouri. Democrats and Republicans wanted to see struggling small towns get the extra cash. The company says the project is a $500 million investment. Wind energy proponents see this project as critical in reaching the East Coast with clean, cheaper energy.

What’s next?

Bill sponsor Rep. Jim Hansen says there is another plan in the works. But the bill in this version is not likely to come up again. Meanwhile, the Grain Belt Express owners say they “look forward to working directly with Missouri communities and landowners.” The criteria for granting the power of eminent domain could emerge again in some form.

Prescription drug monitoring program (PDMP)

Missouri continues to hold out as the only state in the U.S. without a statewide database to monitor controlled substance prescriptions, to the frustration of top Republican (and Democrat) leaders.  They see it as an effective tool in fighting the national opioid epidemic.  U.S Senator Roy Blunt agrees, calling for it in his speech to the General Assembly this spring.

Why did it fail?

Senate and House members in the small but strategic Conservative Caucus equate the database with an invasion of privacy that can also be exploited by hackers.

The St. Louis Post also explains the bill’s struggles.

What’s next?

Republican Representative Holly Rehder tells Missourinet she’ll file the bill once again in January. In the meantime, more counties and states are working with St. Louis County’s voluntary PDMP.

Pro Tem Schatz is disappointed lawmakers didn’t approve prescription drug monitoring program (PDMP) legislation this year. He’s already looking ahead to 2020. “But I will tell you that we will come back next year and I have three more years in this chamber (Missouri Senate). And I will work every year until we get that thing accomplished,” Schatz says.

 

Legalizing sports wagering in Missouri will continue to come up since the U.S. Supreme Court last year allowed sportsbooks across the country.  Most of the sportsbook bills introduced in the 2019 session allow Missouri-based casinos to host online betting online.

Why did it fail?

State Sen. Denny Hoskins, R-Warrensburg, sponsor of Senate Bill 44 has been working on this issue for three years and says there are still disagreements about casinos paying fees to sports leagues and requiring the use of sports league official data instead of a third-party chosen by casinos.  (See also SB 327, SB 222, HB 119)

What’s next?

Hoskins will refile the bill which uses part the state’s revenue (in the tens of millions) to improve public infrastructure around sports venues to improve the safety and fan experiences. However, he’s open to compromise to lure sports betting out of Nevada and into Missouri.

“We do have a lot of sports betting going on here already, but it’s not regulated and it’s not legal,” Hoskins says.

 

Film Tax Credits could bring in millions to Missouri, but they have not been used since 2012, when the incentive to the movie industry expired. The bill got some debate in both the House and Senate in 2019, as lawmakers lamented money lost to Georgia (no limit to tax credits) while on-demand film companies like Netflix are spending billions on new content. Read more here.

Why did it fail?

Tax incentives face a fight from the six-person Conservative Caucus in the state Senate fundamentally opposes rewarding private companies with taxpayer money.  Despite that, film credits were overshadowed by a much larger tax credit bill brought in by Governor Parson in the final weeks of the session in order to land a GM automotive manufacturing expansion in Wentzville.

What’s next?

Senate bill sponsor Denny Hoskins says he’ll try again. He’s a member of the Conservative Caucus, but says he’s tired of film projects (set in Missouri) going to other red states–bringing jobs, tourism and local spending in return for a cap of $5 million from the state.

 

B-Corporation designation is a special distinction for community-minded companies who want to attract like-minded investors (ex. Patagonia, Etsy). In order to be a “Benefit Corporation,” however, these businesses have to put their money where their mouth is, dedicating resources and money to a specific mission and creating financial transparency. There are no costs to the designation, but being a B-Corp protects company leadership from being sued for putting mission over profits or stockholders.

Why did it fail?

Missouri Right to Life added restrictive language to every B-corp bill this session, according to lawmakers on both sides. The group’s concerns are unclear and requests for comment from Missourinet have been unanswered.  Missouri’s Constitution restricts research tied to abortions.   The lead lawmaker for this bill is Republican Senator Lincoln Hough of Springfield. Democratic Senator Jill Schupp who supports the bill calls the MRL action a “poison pill.”

What’s next?

Companies are asking legislators, the Department of Economic Development and Governor Mike Parson to rally around the bill this coming session. One of those is Brewer Science in Rolla, which makes electronic components for computer chips.

“What it really does in terms of telling startups and high technology companies such as Brewer Science that you want to come to Missouri this is a great state to do business with. We’re a low-tax, low-regulation state, and we want to give you all the benefits more than 35 other states do being a Benefit Corporation, ” Brewer’s chief legal officer told Missourinet.  With the construction of the NextGen Precision Health facility for the University of Missouri System, high-tech life science research companies will want to come to this state, he contends.

“Kansas has this bill, Arkansas has this bill, Illinois has benefit corporation legislation. This is not something that we want to be out of, particularly where there’s no negatives: nobody ever has said anything negative, that this wasn’t a good bill and positive for Missouri. The only issue was the opposition from one interest group,” Gerson said.

Rep. Bruce Franks resigns July 31, to leave Missouri

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St. Louis Representative Bruce Franks officially resigns at the end of this month. The black activist leader who emerged out of Ferguson protests says his mental health is at stake.

“Battling anxiety, depression, mental health issues, especially in the black community, that’s something that’s been a stigma and it’s been frowned upon in our communities to seek help,” Franks told Missourinet and fellow lawmakers.

Not only is Franks leaving the legislature, but he says he is leaving Missouri.

He spoke with Missourinet when he announced his resignation. Read, listen to his interview here.

“I knew what I was signing up for when I came, it’s just everything stacked on top of each other is really what aided to my mental health deteriorating the way that it did.

He said he will continue to work between different communities.

“To kind of bridge a gap between urban and rural areas, Republican and Democrat, because I think it’s important. I think it’s important to build those bridges even if nobody walks across them, somebody eventually will,” Franks said.

Franks said on Facebook, “I love my city but I can’t heal from trauma and survive in the epicenter any longer,” “I’m not running away from it I’m choosing to change my environment to be the best version of me. ”

Franks, who was first elected in 2016, is in his second House term. He was the only Democrat to chair a Missouri House committee this session.

State Rep. Bruce Franks, D-St. Louis, briefs Capitol reporters about criminal justice reform efforts on February 11, 2019, as House Minority Leader Crystal Quade, D-Springfield, (right) listens (photo courtesy of Benjamin Peters at House Communications)

 

Missouri lawmakers approve $29 billion budget; tuition for undocumented immigrants was key issue

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The Missouri Legislature has approved an approximately $29.7 billion state operating budget, one that prevents undocumented immigrants from receiving in-state college tuition.

Missouri House Budget Committee Chairman Cody Smith, R-Carthage (left) and House Speaker Elijah Haahr, R-Springfield, talk on May 9, 2019 in Jefferson City (photo courtesy of Tim Bommel at House Communications)

The state Constitution requires Missouri lawmakers to approve a balanced budget by today. The House approved the budget at about 11:15 Thursday evening, and the Senate approved it at about 1:45 this morning.

House Budget Committee Chairman Cody Smith, R-Carthage, led Thursday’s House effort to reject a budget conference committee’s recommendation that would have allowed those with unlawful immigration status to receive in-state tuition.

“And the House position is that we are going to reserve our limited resources and taxpayer dollars to subsidize in-state tuition for those with legal, lawful status,” Smith says.

State Rep. Curtis Trent, R-Springfield, who serves on the Budget Committee, also successfully urged his House colleagues to reject the budget conference committee’s recommendation.

“I don’t think it’s a stretch to say that if we allow this language to stand, people primarily in rural areas will be most injured by this, who will be most denied the opportunities that this state subsidy for education provides,” says Trent.

Missouri House Minority Leader Crystal Quade, D-Springfield, speaks on the House floor on May 9, 2019 (photo courtesy of Tim Bommel at House Communications)

Trent says his southwest Missouri constituents oppose providing in-state tuition for undocumented immigrants. State Rep. Dean Dohrman, R-La Monte, agrees with Trent, citing his constituents in Johnson, Pettis and Saline counties.

House Minority Leader Crystal Quade, D-Springfield, criticized Thursday’s House vote on the undocumented immigrants, noting the House hasn’t rejected a conference committee recommendation since 2009.

State Rep. Peter Merideth, D-St. Louis, is also critical, saying the conference committee had compromised on the issue.

As for the overall budget, Senate Democratic Leader Gina Walsh, D-Bellefontaine Neighbors, says it fully funds the school foundation formula and increases school transportation funding.

“At the start of the 2019 legislative session (in January), the Senate Democratic Caucus called for fully funding the school foundation formula, increasing school transportation dollars, strengthening our workforce through Higher Education and job training, and making sure our mental health safety net is there for anyone in crisis. Today, Senate Democrats passed a bipartisan, balanced budget that achieves all of these goals and more,” Senator Walsh’s statement reads, in part.

The budget also includes a three percent pay increase for state employees, along with an $8 million retention pay plan aimed at wage increases for state Department of Corrections (DOC) staff.

The budget also includes the closing of the maximum-security Crossroads Correctional Center in northwest Missouri’s Cameron. House Budget Committee ranking Democrat Kip Kendrick, D-Columbia, supports the plan.

“Which I know is important to a lot of people in this building (Missouri Capitol), the consolidation of the two correctional facilities on the western side of the state,” Kendrick says.

Kendrick backs Governor Mike Parson’s (R) plan to consolidate Crossroads with Western Missouri Correctional Center, which is also located in Cameron.

Governor Parson says the estimated $20 million savings from closing Crossroads will give DOC employees a one percent pay raise for two years of continued service.

Parson outlined the corrections plan in January, at a Statehouse press conference with DOC Director Anne Precythe.

Precythe noted in January that Western Missouri Correctional Center has 1,900 beds, about 800 more than Crossroads. She also says there’s more programming available there and more space, which gives prisoners the opportunity to participate in more activities and keep them busy, which she says makes it a safer environment.

Missouri lawmakers will return to Jefferson City on Monday. The 2019 session ends on May 17.

Copyright © 2019 · Missourinet

Pro-choice group experiences boost during special session about pro-life agenda

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The Missouri Legislature’s special session underway that aims to strengthen abortion clinic regulations has been a tough fight for pro-choice advocates. NARAL Pro-Choice Missouri is against the proposed changes to the state’s abortion laws. Despite the organization’s strong opposition to such policies being considered, it has benefited through additional public support, according to executive director Alison Dreith.

Alison Dreith

“It’s been great for us. People have been outraged,” says Dreith.

She did not have specifics but she says the figures are a positive trend for many progressive organizations.

Since President Donald Trump was elected and millions of people worldwide participated in marches for women earlier this year, Dreith says more people have stepped forward and offered support.

“We’ve just had an outpouring of support from people donating their money, their time, being involved more than ever,” says Dreith. “Sometimes it’s sad that it took the position that we’re in today for people to finally get so engaged, but we’re glad they are here now.”

Sam Lee with Pro-life group Campaign Life Missouri says his organization has not done fundraising that involves the current special session. He also says donations at his non-profit have remain unchanged since Trump took office.

The Missouri House has passed restrictions that require abortion clinics to meet hospital-like standards, annual inspections at such facilities and a ban on fetal tissue donations.

Another measure receiving House approval would block a St. Louis city ordinance that bars employers from penalizing or firing women who have had an abortion, use birth control or are pregnant out of marriage.

The legislation heads back to the Senate with changes. It’s unclear when the full Senate will return to consider the proposed regulations.

Top Missouri House Democrat contends governor’s budget restrictions will impact K-12 classrooms

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Representative Gail McCann Beatty (D-Kansas City)

Governor Greitens (R) says Missouri’s budget is being drained by special interest tax credits and the faster-than-projected growth in healthcare spending, partially from Obamacare. Greitens is withholding more than $146 million in the current state budget.

“I’m protecting our priorities, like K-12 education and public safety. For instance, not a single penny will be coming out of K-12 classrooms,” says Greitens. “The fact is, more hard choices lie ahead. But as Missourians, I believe we must come together, tighten our belts, be smart and wise with our tax dollars, and work our way out of this hole by bringing more jobs with higher pay to the people of Missouri

House Minority Leader Gail McCann Beatty (D-Kansas City) doesn’t agree with Greitens restricting $8.6 million in elementary and secondary education busing expenses. She says the move will have far-reaching effects.

“Our districts where we have seen some improvement, and if dollars are going to have to be diverted to make up that shortfall, that could hamper our districts continuing on the course of improvement,” says Beatty. “If they’ve got to cut from transportation, that money has got to be made up somewhere because we have to the kids to school. So, it’s going to ultimately have to impact the classrooms.”

Missouri Governor Eric Greitens (Photo courtesy of Bill Greenblatt/UPI)

Other budget withholdings from the Department of Elementary and Secondary Education include $2 million in performance-based assessments, $181,000 for scholars and fine arts academies, $50,000 for training grants and $44,500 for a new dyslexia training program.

Beatty argues that $90 million of the governor’s $146 million in budget restrictions are in education spending – mostly higher education.

“Weakening public education won’t grow Missouri’s economy or create jobs,” says Beatty.

Beatty agrees with Greitens that Missouri has given too many special interests tax breaks. As a result, she says vital services have been cut.

Greitens: $146 million in budget restrictions not from K-12 classrooms, instead higher ed and K-12 transportation

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Missouri’s four-year colleges and universities will by far receive the biggest blow of Republican Governor Eric Greitens’ $146.4 million in additional spending restrictions announced Monday. About $56 million will be slashed from core funding for four-year institutions. Missouri’s community colleges are next in line with nearly $12 million in core funding restrictions. The Department of Elementary and Secondary Education’s transportation budget will be hit with $8.6 million in withholds.

Gov. Eric Greitens (R)

In a social media video accompanying the announcement, Greitens says “Not a single penny will be taken out of K-12 classrooms.”

“The restrictions announced include no cuts to the Foundation Formula that funds K-12 classroom education. There were no cuts to programs essential to public safety, and all of the state’s pension and health care obligations will also be honored. The restrictions were targeted, to the extent possible, at rolling back earmarks, new spending items, programs with no established track record of success, and services that are duplicated elsewhere in government,” says Greitens.

Then-Governor Jay Nixon (D) restricted about $200 million in the current fiscal year’s budget.

In a statement from Greitens, he says Missouri’s budget is suffering from reduced revenue due to poor economic growth. He says that revenue is being drained by special interest tax credits and the faster-than-projected growth in healthcare expenditures, driven in part by the national impact of Obamacare.

In a tweet today from State Rep. Lauren Arthur (D-Kansas City), she criticized Republicans:

Greitens says during the next 18 months, more than $700 million in budget cuts will be necessary just to make the budget balance and retain Missouri’s AAA credit rating.

Additional details on the spending restrictions are linked here.

Governor Greitens will hold Tuesday his first State of the State address. The speech is traditionally when the Governor releases the state budget proposal, but Greitens plans to wait until February to unveil his budget requests.

News Hangout: Stanley Cox on the criminal code rewrite and drug penalties therein

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Reporter Mike Lear interviews Representative Stanley Cox (R-Sedalia) about the status of the House’s work to rewrite the state’s criminal code, with particular focus on what it might mean for various drug offense penalties and whether he thinks it is the place to decriminalize or lessen penalties for marijuana.

Court upholds part of state law blocking funeral protests

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A federal appeals court says the state law keeping protests at least 300 feet from a funeral is constitutional, but says language that would have kept protests even further away is too vague and too great a burden on free speech.

The 8th U.S. Circuit Court of Appeals struck down the latter portion, saying it doesn’t specify how far away its buffer zone around funerals would be and could exceed the state’s interest in protecting the peace and privacy of funeral attendees.

It says the 300-foot buffer is acceptable because it is better defined, but says it can not apply to funeral processions.

Both laws passed in 2006.