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Amendment 9 backers say it would go farther than recent US Supreme Court ruling

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The United States Supreme Court ruled last week that law enforcement generally must have a warrant in order to search the contents of cell phones.  Backers of Amendment 9 that appears on next month’s ballot in Missouri say that ruling illustrates the need for it to pass. It would protect all electronic data from unwarranted search and seizure.

“It lends further credibility to the fact that this is an issue that we need to codify within the Constitution in order to get protection from the state government,” says Representative Paul Curtman (R-Pacific), “and it also helps because it gives our courts parameters to work with.”

Curtman says Amendment 9 goes farther than the Court did.

“(The case decided by the Supreme Court) Riley v. California really focuses a lot more on … law enforcement’s jurisdiction with our smart phones,” says Curtman. “Our bill says electronic communications and data, and I think that people have a reasonable expectation of privacy even when they upload things into a secure cloud that only they would have access to, and that certainly isn’t just smartphones.”

Curtman says having those protections in the state’s Constitution also means they will be well-defined for the future.

“Courts change their opinions and definitions over time,” Curtman says, “so by having this in the Constitution it’ll help for the longevity of what it is that we’re trying to do.

See earlier story on Amendment 9

Electronic privacy amendment backers say it could have national implications

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One of the sponsors of the proposed internet security amendment to the state Constitution says the nation will be watching how Missourians vote on it.

Representative Paul Curtman (picture courtesy, Missouri House of Representatives)

Representative Paul Curtman (picture courtesy, Missouri House of Representatives)

Constitutional Amendment 9 (SJR 27) was passed out of the state legislature, and would extend the protections of the 4th Amendment against unwarranted searches and seizures to electronic communications – things like e-mails, social media posts, texts and call logs from cell phones.

Representative Paul Curtman (R-Pacific) says it represents the first chance for the public to express its feelings about electronic surveillance.

“The government’s use of big data to monitor and record the private digital lives of Americans, I believe it’s a pervasive threat to our freedom,” says Curtman. “We’ve seen this debate brought up ever since (Edward) Snowden came out with his revelations. Regardless what somebody might think about Snowden one thing is for sure … there is definitely a legal question here as to whether the government is violating what Americans believe is a protected right of privacy.”

Edward Snowden is a former federal government computer system administrator who made public details of classified surveillance programs conducted by the U.S. government.

Curtman says federal officials should be paying attention to the outcome of Constitutional Amendment 9.

“If the people of Missouri are concerned enough about this issue that they’re willing to adjust our Constitution to make sure that they further secure their own rights of electronic privacy and communications, the rest of the country should take note of that,” says Curtman.

Legislator urges greater efficiency in MO government (VIDEO)

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A House committee votes Thursday on a resolution asking the Departments of Transportation and Conservation to follow the Office of Administration’s proposed best practices.

Chairman of the Committee on Downsizing State Government, Representative Paul Curtman (R-Pacific), proposed the resolution.

“It’s important that the Department of Conservation and the Department of Transportation cooperate as much as is possible,” says Curtman. “Conservation and Transportation don’t always have the oversight from the legislature that a lot of other beaurocracies have, so this is a policy recommendation which would ask them to comply a little bit with the Office of Administration or at least keep open some lines of communication.”

Curtman says his committee will continue looking for ways for the state to be more efficient. He says Missourians can see more of its work and offer suggestions on a website it created, DownsizingMOGov.com.

 

See the chart and the letter referenced in the video

Advocates rally opposition to exclusion of bicycling from transportation tax proposal

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The Executive Director of the Missouri Bicycle and Pedestrian Federation says a move to keep proceeds from a proposed transportation sales tax from going to bicycle paths was a “total blindside.”

During House debate of the proposed constitutional amendment, an amendment was offered that in part would pull the word “bicycle” from the forms of transportation the tax money could support.

Executive Director Brent Hugh says in meetings throughout the state Missourians have supported a comprehensive approach to transportation infrastructure improvements, including for bicycles.

He says the need for more transportation money in Missouri is clear and his group has been a part of a multi-year process to develop the transportation tax proposal.

“It’s like a punch to the gut,” says Hugh of the amendment, offered by Representative Paul Curtman (R-Pacific). He says it sends a message to his group of, “‘Well thanks for helping us all through here but now, you know, see ya.'”

Curtman says he doesn’t want language in the state Constitution that would allow Missouri tax dollars to support bicycle infrastructure.

The amendment earned rebuke from lawmakers who said pulling the word “bicycle” from the tax proposal would seal its defeat. Many legislators say roughly 40 percent of voters are expected to be opposed to any tax increase proposal, and losing the support of alternative transportation backers would cost enough votes to spell certain failure.

Representative Chris Kelly (D-Columbia) says the mounting of opposition by bicycle supporters started almost immediately.

“Monday is bike day at the Capitol,” notes Kelly, referring to the Missouri Bicycle and Pedestrian Federation’s lobbying day. Support for bicycling in the transportation funding plan is one of the issues participants are urged to ask lawmakers to support during the day. A statement from the Federation is also urging citizens to contact representatives and voice opinions on social media about the issue.

See the other issue bicycle lobbiers are being asked to speak against to lawmakers

Kelly says he is only “barely supportive” of the transportation tax proposal, but he doesn’t like what he calls a “sneak attack” on bicycles.

“I don’t like that as the method,” says Kelly of Curtman’s amendment, “and I also don’t like the public policy of taking alternative transportation out of the package.”

Kelly offered a motion to divide Curtman’s amendment into two pieces so that lawmakers could vote on them separately. Debate of the transportation tax was then suspended, leaving the issue to be settled when it is taken back up. Majority Floor Leader John Diehl (R-Town and Country) says that will happen Tuesday.

Chairman wants to look for more opportunities for government downsizing

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The chairman of a committee that held hearings during the summer on downsizing state government has a list of things he wants it to dig more deeply into.

Representative Paul Curtman (photo courtesy; Tim Bommel, Missouri House Communications)

Representative Paul Curtman (photo courtesy; Tim Bommel, Missouri House Communications)

Representative Paul Curtman (R-Pacific) has given House Speaker Tim Jones (R-Eureka) a list of the things he wants the Committee on Downsizing State Government to spend more time investigating. Curtman says many of those could save the state money, such as implementing audits that compare state agencies to one another looking for opportunities to increase efficiency.

He says comparative audits have saved money in the State of Washington.

“Over the course of five years they realized about a billion dollars’ worth of savings to taxpayers. So, I think that on that particular issue that’s something that we can look at, we can see what other states have done.”

Comparative audits have been proposed in legislation in the past, most recently in the House by Representative Sue Allen (R-Town and Country).

Curtman says other areas that could be looked at are upgrades in information technology and management of the state’s motor vehicle fleet and facilities.

He expects the committee to hold more hearings once the legislature reconvenes in January.

Smaller government committee wraps up whirlwind hearing tour

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A House Committee that looks for ways to cut red tape and eliminate redundancies or unnecessary elements in government has wrapped up nine hearings in three days, throughout Missouri.

Representative Paul Curtman (photo; Missouri House Communications)

Representative Paul Curtman (photo; Missouri House Communications)

Representative Paul Curtman (R-Union) is the Chairman of the Committee on Downsizing State Government. He says he is going to be spending the next few days going back over pages of notes from each of the sessions, considering what ideas deserve more attention or even legislation.

One suggestion that stands out to Curtman was made at the first hearing, in St. Louis.

“We had a really good suggestion from a guy who said, ‘I don’t know if Missouri has one of these measuring devices to measure the cost-effectiveness of money after it’s been appropriated,’ he said, ‘but maybe we need a formula to see whether or not the benefit outweighs the cost, or visa-versa, to make sure that the people are getting their money’s worth out of government.'”

Curtman says he will see if anything like that already exists in state government, and whether he thinks anything that does exist goes far enough.

He says some issues were raised to the committee more than once. One was the veto by Governor Jay Nixon of legislation that would cut income taxes for Missouri individuals and businesses.

At the final hearing on Thursday, Missouri Chamber of Commerce Lobbyist Alex Curchin told the committee for that bill to become law would help to downsize state government.

“There were always those who told us taxes couldn’t be cut until spending was reduced. Well, you know, we can lecture our children about extravagance until we run out of voice and breath, or we can cure their extravagance by simply reducing their allowance. That’s what we believe House Bill 253 will do, is reduce the allowance and make government a more appropriate size by that broad-based tax cut.”

Governor Nixon says that legislation would cost the state millions in revenue, jeopardizing state programs, and he withheld $400-million saying it’s necessary in case his veto is overridden. He told Missourians in Kirksville on Thursday that a part of the bill that would repeal a tax exemption on prescription drugs would also be a $200-million tax hike on Missourians.

Curtman says another issue that was raised at more than one event was the proposed legalization of marijuana.

“That is an organized effort. They have had people at almost every single hearing. I would say that fits within the parameters of our committee.”

Nixon vetoes proposal to bar Islamic, other foreign law from MO courts

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Governor Jay Nixon has vetoed legislation that would have barred the use of foreign laws, including Islamic Sharia law, in Missouri courts.

Governor Jay Nixon

Governor Jay Nixon

Nixon says barring the consideration of foreign laws in Missouri could have interfered with the adoption by Missouri parents of children from other nations. That was also one of the arguments made by legislative Democrats speaking in opposition to the proposal when it came before the House.

Representative Mike Colona (D-St. Louis) called it a waste of time.

“We’re talking about the boogeyman and sharialand having laws that we want to be prevented from even looking at.”

Representative Paul Curtman (R-Pacific) says the adoption concern is a false argument.

“This has already been governed by U.S. law through the Hague Convention, through the Uniform Child Custody Act, both of which are already American law, so that’s a non-issue.”

Nixon also says the law could have interfered with wills, trusts, marriage and divorce decrees and contracts, and enforcement of judgements made in other states when they involve foreign law.

The bill cleared the legislature with margins that could overturn the governor’s veto, if no lawmakers switch their votes.

The legislation is SB 267.  View Governor Nixon’s veto message here.

House gives initial approval to two gun bills (AUDIO)

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On the same day the U.S. Senate rejected an expansion of background checks for gun purchases, the Missouri House of Representatives has advanced two gun rights bills.

A bill (HB 170) sponsored by Rep. Casey Guernsey (R-Bethany) would make laws passed after Jan. 1, 2013 that ban, restrict ownership or require registration of a gun or magazine unenforceable in Missouri and would make it a Class D felony to attempt to enforce them.

A separate measure (HB 436) sponsored by Rep. Doug Funderburk (R-St. Peters) would make any law that infringes on the right to bear arms under the Second Amendment of the U.S. Constitution invalid according to state law.

Guernsey says of his bill it is one he never thought he’d have to sponsor.

“We as a legislative body in Missouri are going to have to put ourselves between the citizens of Missouri and the federal government when it comes to one of our most basic, fundamental, constitutional rights, that of our Second Amendment rights to keep and bear arms,” Guernsey said.

Rep. Stacey Newman (D-St. Louis) said Guernsey’s bill is unconstitutional.

“You talk to any lawyer that’s standing here … they’ll tell you that this bill basically benefits the trial lawyers,” Newman said. “It just gives them something else to contest in court because we all know that this bill is not going to hold any muster.”

Supporters and opponents of the bills expressed outrage at various parts of one another’s arguments. Rep. Margo McNeil (D-Florissant) cited incidents of gun violence.

“I feel that what is really outrageous is 20 children killed in Sandy Hook [Conn.] not too long ago, and six adults,” she said. “What is outrageous is 61 mass shootings since Columbine [Colo.] in 1999. What is outrageous is 17 bullets in one six-year-old’s body. That’s what’s outrageous.”

AUDIO:  McNeil’s floor remarks (1:42)

Rep. Paul Curtman (R-Pacific) countered by saying it is outrageous that state or federal lawmakers would try to infringe on Missourians’ Second Amendment rights.

“If you were to go back in time 230-some years and look at a dictionary, the word ‘infringe’ would say something along the lines of ‘to corrupt’ or ‘to corrode,’ so anything that the federal government does to restrict the right of the people to keep and bear arms is, in fact, an infringement, and therefore unconstitutional,” he said.

AUDIO:  Curtman’s floor remarks (3:27)

An amendment was adopted on Funderburk’s bill that would allow school districts to designate school protection officers. These would be teachers or administrators that would be allowed to carry concealed guns on school grounds. It was sponsored by Rep. Rick Brattin (R-Harrisonville).

“They would have to have a valid concealed carry weapons permit and also go through post-commission training … basically police officer training … this is a way of protecting our schools and our children where it matters most, at our most vulnerable areas of our society,” Brattin said.

Brattin’s proposal drew more response from Newman, who tweeted, “It’s NRA night in MO House. What’s next? Arming kids?”

Other provisions between the two bills would lower the age to be eligible to apply for a concealed carry weapons permit from 21 to 19 and allow permit holders to open carry, bar the publishing of gun owner lists, prevent medical practitioners from asking gun ownership status of patients and exempt individuals from federal background checks in private gun transactions.

Both packages would advance to the Senate with another favorable vote.

UPDATE: Rep. Guernsey says anonymous source told him about concealed carry info going to Homeland Security

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See an update on this story from 6:30pm 03/07/2013

A state lawmaker says an anonymous source has told him that a Department of Revenue license office in his district has scanned personal information from applicants for concealed carry permits and sent it to the Department of Homeland Security. 

Representative Casey Guernsey (photo courtesy; Tim Bommel, Missouri House Communications)

Representative Casey Guernsey (photo courtesy; Tim Bommel, Missouri House Communications)

Rep. Casey Guernsey (R-Bethany) says that information violates state law.

Guernsey describes his source only as someone who works with a license office in his District.

“Considering they, of course, want to remain nameless, it’s hard to really go into any further detail, I believe,” he says.

Guernsey says a 2009 law passed by the General Assembly expressly made such collections and dissemination of information illegal.

“I think it is plenty clear, and it is abundantly obvious the intent of the legislation, not to mention the language that we put in statute to prevent this sort of thing from happening.”

See the state statutes regarding these matters, 302.183 and 32.091

Even so, Guernsey has signed on to co-sponsor a proposal from Rep. Todd Richardson (R-Poplar Bluff) he says will seek to add any clarity or strength to state law regarding these procedures.

The claim the information is being sent to Homeland Security was made in an e-mail distributed Thursday morning by Guernsey and Rep. Paul Curtman (R-Pacific).  While Guernsey cites his anonymous source, Curtman admits he didn’t have a source for the claim and that he was just drawing a conclusion.

“I’m telling you from my experience in the Marine Corps that the Department of Labor is not concerned about military strategy or what the bad guys are carrying, but the people that deal with security issues are, so if we’re looking for somebody at the federal level who wants all this information on what citizens have a CCW permit, it makes sense to me tactically speaking and logically speaking … it’s the Department of Homeland Security,” Curtman says.

Curtman could not confirm that anyone at a fee office had said that the information is going to Homeland Security. 

“I probably couldn’t even answer that question for you right now because the conversations that were happening with some of the folks at the fee offices … I have not heard them say that,” he says. “Without naming any names for you right now, this information will be made public later on as more information unfolds.”

A lawsuit filed Monday in Stoddard Co. alleges that the license office in that county was refusing to give a concealed carry permit applicant his permit for failing to hand over his personal information to be scanned. A judge later issued an order stopping the scanning of such documents there.

Stoddard County Prosecutor Russ Oliver announced his suit with Lieutenant Governor Peter Kinder Monday at the State Capitol. At that time, neither Oliver nor Kinder knew what was being done with the documents that were scanned.

See our story from Monday on the Stoddard County lawsuit announcement.

The House Committee on Government Oversight and Accountability will hold a hearing on Monday on the matter.

The ranking Democrat on that committee, Rep. Kevin McManus (D-Kansas City) says he wants to see what information is revealed at Monday’s hearing.

“At that point I think it would be proper to consider whatever legislative proposal we need to, to make sure that, I think number one, identities are being protected and private information’s not being released that shouldn’t be released, and number two that people are able to have whatever rights and excercise their rights for the conceal and carry permits properly under current statute that they are given that right and are able to exercise it,” McManus says.

Lawmakers say personal information from concealed gun permits is being sent to Homeland Security

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See our update on this story, filed at 1:50pm 03/07/2013.

Two House lawmakers say the state Revenue Department is sending personal information from applicants for concealed carry permits to the Department of Homeland Security.

In an e-mail this morning, Representatives Casey Guernsey (R-Bethany) and Paul Curtman (R-Pacific) say the Revenue Department’s local fee offices are scanning those documents involved in the permit process and the concealed carry certificate and sending it to the federal government. They cite “confidential sources who work in local license offices but are scared to go public.”

The representatives say that is a violation of Missouri law. The Revenue Department has not responded to this latest allegation.

On Monday a lawsuit filed in Stoddard County alleged that permit documents were being scanned there and a judge issued an order stopping it. A Revenue Department spokesman said at that time its operations were “not inconsistent with the statutory protocols.”