The Missouri General Assembly concluded a two-week special legislative session on Aug. 30 by passing an economic development bill and a measure to speed up repairs on state bridges. Gov. Matt Blunt, who called the special session, is expected to sign both bills.
The economic development bill would provide $66 million a year in tax breaks to developers and other businesses and also repeals state and local laws prohibiting ticket scalping. The other measure would allow the Missouri Department of Transportation to finalize a contract to repair 800 of the state’s worst bridges over the next five years.
Monday, September 3, 2007
SCHOOLS LOSE FIRST ROUND IN FUNDING LAWSUIT
Cole County Circuit Judge Richard Callahan on Aug. 29 upheld the constitutionality of Missouri’s system for funding public schools. The case, which was brought by more than half of Missouri’s 524 school districts, is expected to be appealed to the Missouri Supreme Court.
The district filed the lawsuit in January 2004 claiming the state provides insufficient funding to public schools and unfairly distributes what it does provide in violation of the Missouri Constitution. Callahan ruled the constitution doesn’t provide a “guarantee of absolute equity, equality or adequacy in dollars spent or facilities from district to district.”
One issue Callahan left unresolved is meaning of “state revenue” in the constitutional provision requiring at least 25 percent of state revenue to be spent on education. The question is whether that provision refers to just general revenue or whether other taxes collected by the state for specific purposes, such as transportation or conservation, should be included in determining the 25-percent threshold. Callahan has scheduled a Sept. 20 hearing on the matter.
The district filed the lawsuit in January 2004 claiming the state provides insufficient funding to public schools and unfairly distributes what it does provide in violation of the Missouri Constitution. Callahan ruled the constitution doesn’t provide a “guarantee of absolute equity, equality or adequacy in dollars spent or facilities from district to district.”
One issue Callahan left unresolved is meaning of “state revenue” in the constitutional provision requiring at least 25 percent of state revenue to be spent on education. The question is whether that provision refers to just general revenue or whether other taxes collected by the state for specific purposes, such as transportation or conservation, should be included in determining the 25-percent threshold. Callahan has scheduled a Sept. 20 hearing on the matter.
SOME MISSOURIANS EXCLUDED FROM ‘HUMAN’ DEFINITION
Proponents of a proposed constitutional amendment to prohibit embryonic stem cell research pulled the measure after critics pointed out its definition of “human” excluded people with common chromosomal abnormalities. Cures Without Cloning, which is pursuing an initiative drive to put the issue on the 2008 ballot, told media outlets it will submit revised language.
As originally submitted, the proposal defined human life as consisting of “a complete set of forty-six chromosomes.” Missourians with genetic conditions such as Down, Turner or Klinefelter syndromes wouldn’t fall under that definition since they have 45 or 47 chromosomes.
As originally submitted, the proposal defined human life as consisting of “a complete set of forty-six chromosomes.” Missourians with genetic conditions such as Down, Turner or Klinefelter syndromes wouldn’t fall under that definition since they have 45 or 47 chromosomes.
FEDERAL JUDGE BLOCKS NEW ABORTION LAW
U.S. District Judge Ortrie Smith on Aug. 27 issued a temporary injunction blocking Missouri from enforcing new restrictions on abortion clinics the General Assembly enacted earlier this year. Smith’s order came one day before the new law was to take effect.
The order came in response to a lawsuit filed on Aug. 20 by Planned Parenthood of Kansas and Mid-Missouri challenging the restrictions. The law requires abortion providers to meet the standards of ambulatory surgical centers. Planned Parenthood’s St. Louis facility already complies with the new standards but its Columbia and Kansas City clinics do not. The group claims the law effectively eliminates abortion access for many women by imposing unnecessary requirements on clinic operations.
The order came in response to a lawsuit filed on Aug. 20 by Planned Parenthood of Kansas and Mid-Missouri challenging the restrictions. The law requires abortion providers to meet the standards of ambulatory surgical centers. Planned Parenthood’s St. Louis facility already complies with the new standards but its Columbia and Kansas City clinics do not. The group claims the law effectively eliminates abortion access for many women by imposing unnecessary requirements on clinic operations.
COURT KICKS DONATION DECISION TO ETHICS COMMISSION
The Missouri Supreme Court on Aug. 27 sidestepped a definitive ruling on whether political candidates must return large donations many accepted earlier this years and directed the state Ethics Commission to decide the matter on a case-by-case basis.
In 2006 the General Assembly repealed limits on the size of campaign contributions candidates may accept from individual donors. The limits, which Missouri voters had first imposed in 1994, were lifted effective Jan. 1, and many candidates accepted contributions well in excess of the old per-donor caps of $325 for a state representative candidate, $650 for state senatorial contest and $1,275 for a statewide race.
In a unanimous July 19 ruling, however, the Supreme Court reinstated the limits based on technical problems in how the measure was passed. At that time, however, the court left open the question of whether candidates would have to return contributions in excess of the caps.
In its supplemental opinion, the court unanimously ruled that candidates whose elections were decided prior to its initial ruling do not have to return the money since most cases it has already been spent. That portion of the ruling primarily applies to candidates who ran for local office in the spring elections.
The court ruled 4-2 to let the Ethics Commission decide the fate of contributions to candidates raising money for the 2008 elections. However, the majority directed the commission to order candidates to return excess donations unless they or one of their of opponents can prove doing so would cause an undue hardship.
In 2006 the General Assembly repealed limits on the size of campaign contributions candidates may accept from individual donors. The limits, which Missouri voters had first imposed in 1994, were lifted effective Jan. 1, and many candidates accepted contributions well in excess of the old per-donor caps of $325 for a state representative candidate, $650 for state senatorial contest and $1,275 for a statewide race.
In a unanimous July 19 ruling, however, the Supreme Court reinstated the limits based on technical problems in how the measure was passed. At that time, however, the court left open the question of whether candidates would have to return contributions in excess of the caps.
In its supplemental opinion, the court unanimously ruled that candidates whose elections were decided prior to its initial ruling do not have to return the money since most cases it has already been spent. That portion of the ruling primarily applies to candidates who ran for local office in the spring elections.
The court ruled 4-2 to let the Ethics Commission decide the fate of contributions to candidates raising money for the 2008 elections. However, the majority directed the commission to order candidates to return excess donations unless they or one of their of opponents can prove doing so would cause an undue hardship.
STATE GETS EMINENT DOMAIN OMBUDSMAN
Gov. Matt Blunt on Aug. 23 appointed Paul Anthony Martin to the newly created position of eminent domain ombudsman. Martin most recently was a prosecutor in the U.S. Office of Special Counsel and previously worked for former U.S. Sen. Jim Talent, R-Mo.
The Missouri General Assembly created the ombudsman post, which pays $60,000 a year, as part of eminent domain reform legislation it passed in 2006. The ombudsman is charged with advocating for private property rights and assisting Missourians in eminent domain disputes with local governments. The ombudsman can be contacted at (314) 340-4877.
The Missouri General Assembly created the ombudsman post, which pays $60,000 a year, as part of eminent domain reform legislation it passed in 2006. The ombudsman is charged with advocating for private property rights and assisting Missourians in eminent domain disputes with local governments. The ombudsman can be contacted at (314) 340-4877.
Friday, August 24, 2007
HOUSE APPROVES ECONOMIC DEVOLOPMENT, BRIDGE BILLS
Meeting in a special legislative session called by the governor, the House of Representatives on Aug. 23 approved economic development legislation to provide select businesses with more than $66 million a year in taxpayer subsidies. The House also approved a bill to allow the Missouri Department of Transportation to finalize a contract to repair 800 of the state’s worst bridges over the next five years.
During debate on both bills, majority Republicans refused to allow consider any changes not pre-approved by Gov. Matt Blunt. Both measures now head to the Senate. The special session is expected to wrap up by Aug. 31 with an estimated cost to taxpayers of up to $200,000.
During debate on both bills, majority Republicans refused to allow consider any changes not pre-approved by Gov. Matt Blunt. Both measures now head to the Senate. The special session is expected to wrap up by Aug. 31 with an estimated cost to taxpayers of up to $200,000.
STEM CELL ISSUE COULD BE HEADED BACK TO BALLOT
Opponents of a constitutional amendment Missouri voters narrowly approved last year protecting stem cell research have proposed a follow up measure that essentially seeks to overturn the result of the previous vote. The group Cures Without Cloning on Aug. 22 filed the proposed ballot measure with the Secretary of State’s Office.
The latest proposal would make no changes to the 2006 amendment but add several new constitutional provisions that would have the effect of rendering the existing language invalid. If their petition is approved for circulation, the group must gather the requisite number of signatures from registered voters to place the issue on the 2008 ballot.
The latest proposal would make no changes to the 2006 amendment but add several new constitutional provisions that would have the effect of rendering the existing language invalid. If their petition is approved for circulation, the group must gather the requisite number of signatures from registered voters to place the issue on the 2008 ballot.
CARDINALS GET SUBSIDY FOR BALLPARK VILLAGE
The Missouri Development Finance Board on Aug. 21 approved $29.6 million in taxpayer subsidies for the St. Louis Cardinals’ proposed Ballpark Village development. The $387 million project next to the new Busch Stadium is to include retail commercial and residential components.
Picture from urbanreviewstl.com
PLANNED PARENTHOOD CHALLENGES ABORTION LAW
Planned Parenthood of Kansas and Mid-Missouri filed a federal lawsuit on Aug. 20 challenging a new state law that could force two of the state’s three abortion clinics to shut down. The group is asking a federal judge to issue an injunction preventing the law from taking effect as scheduled on Aug. 28.
The law requires abortion providers to meet the standards of ambulatory surgical centers. Planned Parenthood’s St. Louis facility already complies with the new standards but its Columbia and Kansas City clinics do not. The group claims the law effectively eliminates abortion access for many women by imposing unnecessary requirements on clinic operations.
The law requires abortion providers to meet the standards of ambulatory surgical centers. Planned Parenthood’s St. Louis facility already complies with the new standards but its Columbia and Kansas City clinics do not. The group claims the law effectively eliminates abortion access for many women by imposing unnecessary requirements on clinic operations.
Sunday, August 19, 2007
New Addition to the Daus Family
Vincent Chavez Daus was born on August 10 at 2:03 a.m. He was 21 inches long and weighed in at 8 pounds 6 ounces. Patricia and Vincent are doing great and as you can see from the picture Mate thinks it's pretty cool having a little brother in the house.
COOPER RESIGNS AFTER PLEADING GUILTY TO FELONIES
Nathan Cooper resigned his seat in the Missouri House of Representatives on Aug. 14, five days after pleading guilty to two federal felonies related to immigration fraud. Although the charges carry a combined maximum sentence of 15 years in prison, under federal sentencing guidelines Cooper, a Cape Girardeau Republican, likely will face a sentence of 30 to 37 months.
On Aug. 15, the Missouri Supreme Court gave Cooper until 5 p.m. the next day to show cause as to why his law license should not be suspended. Although Cooper’s plea agreement requires him to surrender his law license, he filed an immigration lawsuit on behalf of a client just one day after entering his guilty pleas.
On Aug. 15, the Missouri Supreme Court gave Cooper until 5 p.m. the next day to show cause as to why his law license should not be suspended. Although Cooper’s plea agreement requires him to surrender his law license, he filed an immigration lawsuit on behalf of a client just one day after entering his guilty pleas.
LAWSUIT FILED TO BLOCK MOHELA SALE
Some student loan holders on Aug. 16 sued the Missouri Higher Education Loan Authority claiming the agency is violating its fiduciary duty to borrowers and its state-mandated mission with a pending sale of student loan assets. The suit was filed in Cole County Circuit Court.
Over the objections of House Democrats, the General Assembly in May passed legislation authorizing MOHELA assets to be used to fund construction projects proposed by Gov. Matt Blunt. The state law that established MOHELA in 1981 says the agency’s assets can only be used for the purpose of servicing low cost student loans and covering MOHELA’s necessary operating expenses.
The law allowing MOHELA funds to be used for construction doesn’t take effect until Aug. 28. The plaintiffs allege that assets MOHELA accrued under the old law cannot be used for this new purpose. Attorney John Lichtenegger of Jackson, a former Republican member of the University of Missouri Board of Curators and a vocal opponent of the governor’s MOHELA plan, is representing the plaintiffs.
Over the objections of House Democrats, the General Assembly in May passed legislation authorizing MOHELA assets to be used to fund construction projects proposed by Gov. Matt Blunt. The state law that established MOHELA in 1981 says the agency’s assets can only be used for the purpose of servicing low cost student loans and covering MOHELA’s necessary operating expenses.
The law allowing MOHELA funds to be used for construction doesn’t take effect until Aug. 28. The plaintiffs allege that assets MOHELA accrued under the old law cannot be used for this new purpose. Attorney John Lichtenegger of Jackson, a former Republican member of the University of Missouri Board of Curators and a vocal opponent of the governor’s MOHELA plan, is representing the plaintiffs.
KANSAS THREATS PROMPT BLUNT TO REVERSE ON TAX
In the face of threatened retaliation by Kansas lawmakers and Gov. Kathleen Sebelius, Missouri Gov. Matt Blunt says he favors repealing a recently enacted tax increase on Kansans and other out-of-state residents who work in Missouri, according to The Associated Press. When Blunt signed the tax hike into law in July, he said he was only concerned about other parts of the bill lowering taxes for some Missourians, not the impact the measure might have on non-Missourians.
A provision of HB 444 eliminated a provision in state law that allowed non-Missouri residents who work in Missouri to deduct home-state property taxes from their Missouri income taxes. As a result, some Kansas lawmakers suggested eliminating a similar deduction enjoyed by Missourians who work in Kansas. In an Aug. 9 letter to Sebelius, Blunt said he supports restoring the exemption during the 2008 legislative session.
A provision of HB 444 eliminated a provision in state law that allowed non-Missouri residents who work in Missouri to deduct home-state property taxes from their Missouri income taxes. As a result, some Kansas lawmakers suggested eliminating a similar deduction enjoyed by Missourians who work in Kansas. In an Aug. 9 letter to Sebelius, Blunt said he supports restoring the exemption during the 2008 legislative session.
SPECIAL LEGISLATIVE SESSION SLATED FOR AUG. 20
House Speaker Rod Jetton’s office confirmed on Aug. 9 that Gov. Matt Blunt will call a special legislative session beginning Aug. 20. The session will be limited to passing a scaled-back version of economic development legislation that Blunt vetoed in July and changing state law to allow the Missouri Department of Transportation to finalize a contract to repair 800 of the state’s worst bridges over the next five years.
House Democrats urged the governor to expand the call to include legislation to fix a flaw in state overtime statutes that is causing budget problems for police and fire departments. The Senate passed such a bill in the regular session, but House Republican leaders blocked it in the lower chamber.
Blunt was expected to issue the formal special session call on Aug. 9 but postponed doing so.
House Democrats urged the governor to expand the call to include legislation to fix a flaw in state overtime statutes that is causing budget problems for police and fire departments. The Senate passed such a bill in the regular session, but House Republican leaders blocked it in the lower chamber.
Blunt was expected to issue the formal special session call on Aug. 9 but postponed doing so.
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