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NewsBook:  Missouri Government News for the Week of May 2, 2016

The Missouri House overrode the governor's veto of a decrease in education funding goals.

Gov. Jay Nixon vetoed the bill Wednesday, May 4. The Senate overrode his veto 25-7 later that day, and the House followed with a 113-43 vote.

The measure will decrease the goal for K-12 public education funding each year and install a cap on how much the funding can grow. The goal was created to make public schools more equal.

The state's local public schools are currently underfunded by $656 million, leaving each student $700 short of funding on average, according to the Missouri Budget Project.

Nixon said lowering the goal for education funding would, "...result in a broken promise to our local schools and the students they educate and cannot receive my approval."

Supporters said the funding goal has become so large that it is now unattainable.

"The money is simply not there," said Rep. Becky Ruth, R-Festus. "It is phantom money."

The measure will become law by the end of 2016.

A proposal for a constitutional amendment to define life at conception in Missouri passed the House.

The measure would allow Missouri to deny abortions as far as the federal Constitution permits. It does not have an exception for rape, incest or health of the mother.

Supporters said a child should be protected at all stages of its development.

"We snuff out the life of a unique human individual for the sake of convenience," said Rep. Mike Moon, R-Lawrence County. "I say that's wrong."

Those against the measure said the House was interfering too much into women's health.

"The women of the state of Missouri don't need this body to tell them what life means," said Rep. Deb Lavender, D-St. Louis County.

The proposal passed the House on a 110-37 vote. It must pass the legislature and a vote of the people to become law.

Missouri senators said that the bill to change the state's school funding formula would help everyone since the original formula was not fully funded.

Sen. Maria Chappelle-Nadal, D-St.Louis County, said legislators had negotiated with Gov. Jay Nixon, and they thought they found a better formula than before.

"Here is my opinion when you are trying to make a compromise you show good faith," Chappelle-Nadal said. "If nothing else you have your word and he did not keep his."

In his official veto, Gov. Nixon said that he could not pass the bill because it would break promises made to local schools. Nixon also said that the bill would provide legislators with an excuse not to pay for adequate school funding.

Sen. Eric Schmitt, R-St. Louis County, said he thought Nixon was using St. Louis residents as pawns.

"I have to tell you it's truly remarkable that this governor who failed the people of Ferguson to grandstand and veto a bill with Ferguson as a backdrop," Schmitt said.

Chappelle-Nadal also said that Nixon contributed the schools being underfunded, not just the Missouri legislature. 

"His words in the press release were that there would be millions of dollars that would be eliminated," Nadal said. "So what we said to that, it's kinda like it's a million dollars you never had? His logic is based on a fully funded formula which he's been part of not funding."

The bill would enact a new formula that would cut some of the St. Louis schools budget but would also help taxpayers.

The Missouri Senate overrode the veto by a 25-to-7 vote and the veto will be voted on by the Missouri House next.

 

The House voted to pass the Senate's version of a House voter identification bill.

The bill would require voters to show a government-issued photo ID at the polls.

Voters who do not have a photo ID would have to sign an affidavit that says they do not have a required form of identification, and that they are unable to obtain that form of ID.

Those who sign the affidavit will then be able to cast a regular ballot if they have a different form of identification issued by the state, the U.S. government, or a institution of high education, or a copy of a government document that contains the voters name and address, such as a utility bill or bank statement.

Republicans said the legislation cuts down on voter fraud.

Rep. J. Eggleston, R-Maysville, said that the bill will make sure every vote counts.

"What we're simply saying here is that everybody, both on the Republican side and the Democrat side, deserves to have their vote count," Eggleston said. "They deserve to be able to vote, but they also deserve to not have their vote canceled out by a fraudulent vote."

Democrats oppose the bill, saying it disenfranchises low income and elderly voters.

Rep. Karla May, D-St. Louis City, said Missouri lacks in progress.

"The people of this state and the people in this country is tired," May said. "Missouri has not progressed that far from the racist state that it originally was in the past, and to try to institute something like this to create this divide is beyond me."

Other Democrats argued the bill would cause discrimination at the polls.

Rep. Shamed Dogan, R-St. Louis County, said the discrimination argument is offensive.

"That is not only fact-free but is frankly offensive, not just to the members of this body that are proposing this legislation, but to every election authority out there in this state to insinuate that they would enforce this law in a discriminatory way," Dogan said. "That they would treat people differently based on race, based on age, based on disability to disenfranchise voters by having a double standard at the polls."

If signed by the governor, the issue will be sent to Missouri voters for approval.

The House voted to override the governor's veto on a bill that would require individuals to authorize union fees on their paychecks on May 4.

The bill passed in early March and was vetoed by the governor on March 18.

The bill would require that unions receive written permission from their members before withholding dues and would prevent unions from using fees for union contributions without the expressed permission of those contributing fees.

Speaker of the House, Todd Richardson, R-Poplar Bluff said the bill protects workers by helping them make informed decisions about where their money is being distributed.

"What's in this bill is an opportunity to give members of labor organizations more information," Richardson said. "It's an opportunity for them to give their consent to what their union leadership is doing. And if the people that roam these halls don't want their members to have that information so be it but they need to be honest with their members, because what they're doing here today is they're telling people 'you shouldn't have that information.'"

But Rep. Karla May, D-St. Louis City, said there was "no need" for the bill which she said would attack laborers and unions.

"It's crap legislation, that's what it is," May said. "This is an attack on workers, this is an attack to weaken labor, weaken a persons right to organize to make decisions about their own paycheck. They can make decisions about their own paycheck - it's unnecessary."

Other Republican representatives, such as Rep. Kevin Engler, R-Farmington, and Rep. Delus Johnson, R-St. Joseph, sided with Richardson.

"Democracy is not being practiced in our unions, Mr. Speaker, and that's why we need to change this law," Johnson said.

But John Rizzo, D-Kansas City, said the bill was anti-labor.

"We continue to try to put a square peg into a round hole," Rizzo said. "How many times does this body have to speak, does this state have to speak to say this is not an anti-labor state. Period."

Rizzo said he believes the bill will be filibustered in the Senate and cause stalls of the passing of other house bills as the end of the session approaches.

The House overrode the governor's veto with a 109-47 vote in favor.

A bill that the House approved Tuesday, May 3rd would make it harder to get an abortion in Missouri.

The bill would recognize and protect life of an unborn at all eight stages of development, therefor making it harder to obtain an abortion in Missouri. This would recognize an unborn child as a human starting at conception.

Nicknamed the 'Right to Life,' after the Missouri pro-life organization, the bill limits abortions even in cases of rape, incest and when the mother’s life is danger.

"Do we want that on our heads? To decide if a child grows up without a mother? To decide if a husband loses his wife?" asked Rep. Genise Montecillo, D-St. Louis County.

Heated debate on the bill went on for over an hour.

"Life and how we view it is the most important thing we will ever do. Life is life," said Rep. Tila Hubrecht, R-Dexter.

Hubrecht also said that she had a risky pregnancy in the past and asked the doctor, "to save the baby no matter what the cost," before she went under anesthesia for an emergency C-Section.

The measure needs one more vote to move to the Senate.

The Senate would only have until Friday, May 13 to decide on the bill.

If the bill passes the Senate, Missouri's voters will have the opportunity to vote on the resolution in November.

A series of filibusters Tuesday, May 3, blocked Senate action on bills that would allow utilities to automatically raise their rates without prior approval by the state's public service commission.

The debate began in the morning on a bill dealing with water company rates. After opponents blocked action on that bill, a bill on natural gas company rates was brought up and encountered a similar filibuster. Finally in the evening, the Senate adjourned at 9:40pm after a bill was filibustered that dealt with electrical rates.

Proponents argued that rate increases were needed for the privately-owned utilities to upgrade their distribution infrastructure -- smart metering, water pipes, gas pipes and electrical transmission systems.

Proponents argued that because utility income is based on consumption, increased energy efficiency has reduced revenue available for infrastructure improvements.

The sponsor of the electric-rate proposal noted that the legislature has failed to address that issue for the last several years.

"For the entire time that I've been down here in 12 years, we've continually talked about how do we make it better, how do we make sure that we have a modern grid...how are we going to address the infrastructure needs around the utilities and every year there was this massive fight," said Sen. Ryan Silvey, R-Kansas City.

But opponents argued the proposed changes would reduce consumer protections in order to provide benefits to profit-making utility companies.

"I have nobody over the last two years when there was a downturn in retail subsidize my retail business for two years," said Sen. Dave Schatz, R-Franklin County. "It just galls me that we're going to try to do that for utility companies -- a monopoly that has guaranteed or a rate on return that is protected."

For all three measures, the utility-rate provisions were included in substitutes offered when Senate debate began that were not in the House-passed versions. The water-utility bill, for example, began as a bill that was limited to the issue of fluoridation.

The electric-utility measure also would allow lower rates for electric-intensive industries. That provision is designed to allow a lower rate for the bankrupt aluminum smelting plant in southeast Missouri, Noranda.

The aluminum company consumes about 10 percent the energy produced by Ameren in Missouri. Supporters warned that, if Noranda ceased operation, it would lead to higher rates for other consumers.

But that provision also met with opposition.

“It will have a bad impact on our consumers,” said Sen. Gary Romine, R-Farmington. "It will have a bad impact on the average citizen and small business."

A six-cent increase for Missouri's gas tax was approved by the House Transportation Committee.

The measure would increase the tax from 17 cents to just under 23. If passed by the legislature and governor, the bill would also require a majority vote of Missourians.

The bill's supporters say new revenue is needed to support the state's transportation department.

"I wish it could be more," said Rep. Bob Burns, D-St. Louis County.

The Missouri Department of Transportation plans to use $110 million a year from its cash reserves, according to the Joplin Globe.

The opposition said Missourians should expect efficiency before new taxes.

"I want to make sure that we're operating as efficiently as we can with MoDOT and other areas of state government before we go back to the people and ask for more money," said Rep. Kirk Mathews, R-St. Louis County.

Sen. Doug Libla, R-Poplar Bluff, proposed a gas tax hike that was defeated last year. The measure would have taxed non-diesel fuel at 18.5 cents, while diesel would have been taxed at 20.5 cents. The tax hike did not pass through either chamber.

The bill must go to the House next for approval.

The Republican-controlled senate gave preliminary approval to a photo ID requirement that has an escape clause.

It would let a person vote without a photo ID if they show some other type identification and sign a statement.

Senate Democrats split on the issue.

Some argued it was a Republican compromise to the original bill that would have blocked anyone from voting without a government-issued photo ID.

But others argued it still would restrict voters.

The measure awaits a final senate vote to send the idea back to the House.

Last Week

Speaker of the House Todd Richardson, R-Poplar Bluff, said a constitutional amendment to protect businesses' religious freedom is dead.

The measure would have allowed religious organizations to refuse to provide goods or services to same sex couples. It failed in the House Emerging Issues Committee in a 6-6 vote, where three Republicans joined the committee's Democrats in voting nay.

The Missouri State Capitol has been home to rallies for both religious freedom and LGBTQ rights in the past month, and the measure has made national news. A Democratic filibuster lasted 39 hours to delay the bill, attracting coverage from CNN, Fox News, and Buzzfeed.

Richardson said he could not see the bill being resurrected this session.

"I'm disappointed that the resolution wasn't able to move forward," Richardson said. "I said at the beginning that I was going to let the process work. The process operated here and the bill didn't have enough votes to get out of committee."

House Assistant Minority Leader Gail McCann Beatty, D-Jackson County, thanked Richardson for allowing the process to work.

"Discrimination is not right for our state, it's not right to put it in our constitution," McCann Beatty said. "I have to give some credit to my Republican colleagues that also felt that this is the wrong thing to do for our state."

Because the committee vote was tied, the Senate resolution would need 82 votes on the House floor for it to be restored.

Missouri's Senate went past midnight Thursday morning in an all-night Democratic filibuster on a measure to require a photo ID to vote.

The filibuster over the House-passed requirement started with Sen. Jamilah Nasheed, D-St. Louis.

"Given that we are not a country that requires a citizen to carry government-issued IDs, this is an extreme burden on the electorate," she said when the filibuster began shortly after 6pm Wednesday.

At 12:15 a.m., the Senate session was suspended for private discussions. But two hours later, the Senate simply adjourned.

Republicans argue a photo ID would help prevent voter fraud and that such an ID already is required for other activities including the purchase of alcohol.

Holding more than two-thirds of the Senate's seats, Republicans have the votes to shut off debate and force a vote on the measure.

But when they did that earlier in the year on the measure to allow businesses to refuse services to same-sex marriages, Senate Democrats retaliated with stalling tactics that prevented further Senate action on bills for more than one week.

Missouri's earlier photo ID requirement was struck down by the state Supreme Court which held the state's Constitution did not give the legislature authority to require a photo ID to vote.

The bill filibustered in the Senate would require voter approval of a companion constitutional amendment which has cleared the House but also is pending in the Senate.

The House Emerging Issues Committee defeated by a tie vote the Senate-passed measure to allow businesses and individuals refuse services to same-sex marriages.

The measure was voted down 6-6 with three of the committee's nine Republicans joining Democrats to vote against the proposed constitutional amendment.

Earlier in March, the measure sparked a three-day Senate filibuster by Senate Democrats.

Before the vote, openly gay Missouri lawmaker, Rep. Mike Colona, D-St. Louis City, told a very personal story on the matter and urged his fellow lawmakers to put themselves in his shoes.

"By our actions it's telling our kids, our grand kids, or brothers and our sisters that we have second class citizens that don't deserve the same rights as us," Colona said.

However, there were still voices in favor of the resolution.

Rep. Gary Cross, R-Jackson County, said he is not concerned with how he looks by voting in favor of the resolution. He said he just wants to be the representative who stands for something.

"Many times that's how our character is measured, is by how we handle ourselves with people who may not agree with us," Cross said. "For those of you who don't agree with me, that's okay. I'm not going to walk out of here and hold a grudge."

One Republican that voiced their emotional opposition to SJR 39 was Rep. Jim Hansen, R-Frankford.

Hansen said he felt that he already has the freedom to worship the way he wants, and he doesn't need a law passed to make it legal to do so.

"You can be a Christian with a big heart or a little heart, and this law to me, is asking me to play God, and I'm not God. I am not God," Hansen said.

Hansen was in tears as he told the room how this measure would be asking him to judge one sin as greater than another, which he said he could not do in good conscience, or as a good Christian.

"I have family in this situation," Hansen said. "But I love them."

Committee rejection does not stop the measure. Under House rules, a committee rejection of a measure goes to the full House for consideration.

The measure's House handler -- Rep. Paul Curtman, R-Union -- said he was not sure if he would make a motion to proceed, although he said he would if he had the votes.

If the House were to vote to overturn the committee's rejection, the resolution then would go to the leadership's House Rules Committee for a decision as to whether to let the House take a final vote on the measure.

Adult motorcycles could ride their bikes without helmets under a House-passed bill presented to the Senate Transportation committee on April 27.

The bill repeals helmet requirements for motorcyclists over the age of 21 who are able to show evidence of insurance and have either completed a motorcycle training course or possessed their motorcycle license for at least two years.

Rep. Eric Burlison, R-Springfield, who sponsored the bill, said that the bill protects the personal liberties of motorcyclists.

"If we want to pass something that truly has an impact on saving lives without impacting peoples freedom this, I think, is the best way we've come about to this problem," Bullion said.

Bullion said that the educational class for new riders would be a more effective safety precaution than helmets currently are.

But Ray Pierce, program manager for Missouri Motorcycle Safety Program, said that no amount of experience or education can prepare a rider for every incident they may encounter on the road.

"No amount of riding experience is going to prevent the unforeseeable crash," Pierce said. "You can't convince the deer 'Hey I've got a lot of training, don't get in front of me.'"

Pierce, along with Maureen Cunningham, the Executive Director of the Brain Injury Association of Missouri, said the bill would remove measures that are saving lives.

"This law works, lets not weaken it," Cunningham said.

But Bill Kemker of the Freedom Road Riders said that allowing motorcyclists to ride without helmets would attract more riders to the state and increase commerce along the highways.

No immediate vote was taken on the bill.

More types of infections would have to be reported to hospitals and included in the information posted on the Health Department's website under a measure given final approval by the Senate Tuesday, April 26.

The bill's sponsor -- Sen. Rob Schaaf, R-St. Joseph -- said making the infection rate information public would put pressure on hospitals to be more aggressive in reducing infections.

"If the infection rates are on the Internet for people to see, each hospital will try to get it's rate down so that it looks better and is more attractive to the people that go to the hospital," said Schaaf, one of the Senate's two physicians.

In addition, the measure also would require hospitals to adopt policies on the use of antibiotics with emphasis on antibiotics used to treat antibiotic-resistant infections.

"A lot of the superbugs that we're having to deal with now are the result of people being given antibiotics inappropriately. So would require an antibiotic stewardship to ensure that everybody is using those antibiotics appropriately," Schaaf said.

The federal Centers for Disease Control reported in March that in 2011, 75,000 people had died from infections at hospitals and that one out of every 25 hospital patients had gotten an infection while hospitalized.

Other CDC information cites a current annual death rate at 99,000.

In Missouri, Schaaf said the hospital infection has declined in recent years after the state adopted the first infection requirements in 2004.

Adult women could get birth control medication from a Missouri pharmacy without a doctor's prescription under a measure approved by Missouri's House Tuesday, April 26.

The measure would cover both pills and patches for women 18 years of age or older. For younger women, a pharmacist could provide birth control medication only if there had been a prior prescription from a doctor.

However, after three years of first obtaining the medication, the woman would be required to present evidence of having visited a women's health clinic to continue to obtain birth control medication.

The bill requires pharmacies to refer women to a health care practitioner and train their employees to screen women for safety.

Supporters said more access to birth control will reduce unplanned pregnancy and abortion in the state.

"This is a pro-life bill," said Rep. Sheila Solon, R-Jackson County. "Forty percent of pregnancies in this state are unintended. This bill is going to help reduce abortions in our state."

Opponents said birth control's effects on each woman should be monitored by a doctor.

"Being able to get a three year prescription, or a year-long prescription, for contraceptives is a little bit dangerous," said Rep. Shawn Rhoads, R-West Plains. "I think most medical personnel would probably agree with that."

The bill passed with 97 for and 50 against. It will go to the Senate for approval.

Missouri's House sent the governor Tuesday, April 26, a measure to limit awards in medical malpractice lawsuits.

The Senate bill would limit court awards for medical damages to the amount paid for the treatment, instead of a lawyer's established value of the treatment. The measure also allows insurance payments to be credited from court awards.

The measure essentially would prevent a patient from receiving more in costs for treatment than the patient actually paid for the treatment to address the malpractice.

Rep. Joe Don McGaugh, R-Carrollton, said lawyers now inflate damages to earn themselves a larger cut, which needs to be curtailed.

"What we're trying to do is stop a windfall for trial attorneys," said McGaugh.

But Rep. Mike Colona, D-St. Louis City and a lawyer, said the measure is built to save the insurance industry money.

"This is insurance industry welfare," said Colona. "I asked a question in committee to the insurance company lobbyist. I said 'let's get this straight: if this passes, not only will verdicts be lower, but it means your client, the insurance industry, will be lower?' 'Well yes representative, that's right [the lobbyist said].'"

The measure cleared the House 97-57 which is short of the 109 votes that would be required to override a veto.

A gas and diesel tax increase of 5.9 cents per gallon would be placed on the Missouri ballot under a measure presented to the House Transportation Committee Tuesday, April 26.

If approved by Missouri voters, legislative staff estimate the measure approved earlier this year by the Senate would raise $165 million per year for state highways and another $71 million for state and county roads.

Among those testifying for the bill was the Transportation Department Director, Patrick McKenna.

McKenna said that Missouri's system of roads, bridges, and highways is the seventh largest in the nation with more than 34,000 miles of roads.

"The tax payers of Missouri over the last 100 years have put in over 50 billion dollars of investment to build the system that we count on everyday," McKenna said.

The bills sponsor, Sen. Doug Libla, R-Poplar Bluff, said that Missouri needs safer roads for families.

"I worry about everyone that needs to safely and easily travel to work, take the kids to school, get to see there doctors. Or hospitals, EMT's, fireman, law enforcement, they all need to reach those services. Many times, life saving," Libla said.

The measure would raise Missouri's motor fuel tax, one of the lowest in the nation, from 17 cents per gallon to 22.9 cents.

Last year, the House Transportation Committee defeated a smaller motor fuel tax increase which would not have required voter approval to take effect.

Missouri's Conservation Department reported that seven deer were found with Chronic Wasting Disease out of 7,700 deer harvested under a special testing program conducted earlier this fall and winter.

The infected deer came from Adair, Macon, Linn and Franklin counties.

Since CWD was first discovered in 2010, a total of 33 cases have been discovered.

Chronic Wasting Disease is an fatal infectious disease that causes brain degeneration.

The Conservation Department announced testing requirements in 29 counties in the areas where infected deer have been discovered.

In those areas, the department will require hunters bring to a department CWD testing center any deer harvested during the opening weekend of the fall firearms deer season, Nov. 12 and 13.

The counties are Adair, Boone, Callaway, Carroll, Chariton, Crawford, Cole, Cooper, Frankling, Gascondade, Jefferson, Knox, Linn, Livingston, Macon, Miller, Moniteau, Morgan, Osage, Putnam, St. Charles, St. Louis, Randolph, Schuyler, Scotland, Selby, Sullivan, Washington and Warren.

The House Emerging Issues Committee once again pushed back a vote on the controversial religious liberties measure, SJR 39.

The proposed constitutional amendment would give legal protections to wedding businesses and religious organizations who deny service to same-sex couples because of a religious objection to same-sex marriage. If passed by the House, the resolution would go to a vote of the people on the November ballot.

Earlier in March, the measure sparked a three-day Senate filibuster by Senate Democrats.

Proponents of SJR 39 said it would protect the religious freedoms of Missourians.

Opponents of the measure said it would write discrimination into the Missouri Constitution.

The resolution has also received opposition from businesses, who say the resolution would hurt Missouri's competitiveness in the job market as well as turn away companies from wanting to do business in the state.

Last week, committee chair, Rep. Elijah Haahr, R-Springfield, pushed back the vote on SJR 39 to sometime this week. Haahr said a couple of committee members approached him, saying they needed more time to decide.

"The biggest issue were that we received two legal memorandums, one on Tuesday one on Wednesday about the bill," Haahr said.

Haahr said the legal memos were complicated and took time and some serious line-by-line reading, even for the two attorneys on the committee.

"From the beginning our no. 1 goal was to thoroughly vet the bill and make a determination on whether or not we should pass or vote it down, or pass it with amendments," Haahr said. "It's hard to do that when you are receiving new information at literally the eleventh hour."

However, committee member and lawyer, Rep. Mike Colona, D-St. Louis City, said the legal memos didn't really bring up anything new that the committee hadn't already discussed during the four-and-a-half hour hearing it had on the measure.

"The one new thing that was in one of the legal memos dealt with the state enforcing criminal penalties for anyone who would actually break a criminal law," Colona said. "I think the real issue here is members on the committee don't like the bill. They don't want to vote on it as it is."

Colona said the whole bill is just a rouse for people to protect the social right to express their displeasure for LGBT citizens receiving their rights under the Fourteenth Amendment.

"If this were really about religious freedom, there are other things in the Bible that religious people disagree with," he said.

He also said he agreed with other members of the General Assembly that have said Republicans are pushing SJR 39 to bring out the vote for the upcoming election.

"It makes you scratch your head and wonder what's going on. Are there that many folks in the General Assembly that don't agree with gay marriage?" Colona asked. "I don't think so. But I'll tell you, if this gets on the ballot, there are a lot of right wing conservative consultants who stand to make a lot of money."

Haahr said he will probably sit down with all of the members of the committee Tuesday and see if they are in a place where they feel comfortable with all the information before voting on the measure. He said he has not actually gone through and asked everybody for a whip count yet.

"When committee members come to me and say 'we just don't feel like we can make an informed decision,' I believe it's my duty as a chair to say we need to take a few more days and consider that," Haahr said.

Colona said he thinks that Republicans just don't have the voted in support of the resolution yet in order to take a vote.

"I'm just happy that the vote has been postponed for another day. That tells me that people have some pretty serious heartburn about this issue," Colona said. "Believe you me, if the Republican party could pass this out of committee tonight, we would be voting tonight."