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Thursday, April 17, 2008
TAX HIKE FOR VETERANS WINS HOUSE APPROVAL
The House of Representatives on April 15 voted 107-40 to send a proposed constitutional amendment to voters that, if ratified, would increase the state sales tax to provide an estimated $116 million a year -- $928 million over the eight-year life of the tax – to pay for improved services for military veterans. The Senate must still pass the measure for it to go on the November ballot.
HJR 71, sponsored by state Rep. Barney Fisher, R-Richards, would ask Missouri voters to impose an additional one-eighth cent sales tax. The increase would raise the total state sales tax to 4.35 percent from the current 4.225 percent. The tax would take effect on Jan. 1, 2009, but expire at the end of 2016. Voters would then have the option of renewing the tax for another 10 years at a reduced rate of one-tenth of a cent. If renewed, voters would consider additional extensions every 10 years.
HJR 71, sponsored by state Rep. Barney Fisher, R-Richards, would ask Missouri voters to impose an additional one-eighth cent sales tax. The increase would raise the total state sales tax to 4.35 percent from the current 4.225 percent. The tax would take effect on Jan. 1, 2009, but expire at the end of 2016. Voters would then have the option of renewing the tax for another 10 years at a reduced rate of one-tenth of a cent. If renewed, voters would consider additional extensions every 10 years.
HOUSE REJECTS OVERHAUL OF JUDGE SELECTION SYSTEM
House Democrats led the defeat of a proposed constitutional amendment to extensively overhaul the Missouri Nonpartisan Court Plan, which has served as a national model for judicial selection since its adoption in 1940. After winning first-round approval on an 80-63 vote earlier in the week, HJR 49 was defeated 69-83 on a final vote on April 17.
Under the nonpartisan plan, the governor plays a limited role in selecting judges. When a vacancy arises on the Supreme Court, the Court of Appeals or circuit courts in the St. Louis and Kansas City areas, an independent nominating commission selects a list of three finalists for the post. The governor must appoint one of those finalists. If he fails to do so, the commission makes the selection. Republican Gov. Matt Blunt has been critical of the nonpartisan plan because of his limited influence on the selection process.
HJR 49 would have given the governor a much larger role, including letting him pick more members of the nominating commissions and allowing him to reject the nominee lists and demand new ones.
Under the nonpartisan plan, the governor plays a limited role in selecting judges. When a vacancy arises on the Supreme Court, the Court of Appeals or circuit courts in the St. Louis and Kansas City areas, an independent nominating commission selects a list of three finalists for the post. The governor must appoint one of those finalists. If he fails to do so, the commission makes the selection. Republican Gov. Matt Blunt has been critical of the nonpartisan plan because of his limited influence on the selection process.
HJR 49 would have given the governor a much larger role, including letting him pick more members of the nominating commissions and allowing him to reject the nominee lists and demand new ones.
CHAMBERS REACT DIFFERENTLY TO MASSIVE TAX BREAK
While the House of Representatives endorsed giving up to $880 million in tax breaks over 22 years to a Canadian airplane manufacturer, a similar bill remains stalled in the Senate after several days of debate. The legislation is a key part of the state’s effort to convince Bombardier Aerospace to build passenger jets in Kansas City.
The House gave preliminary approval to its bill on April 15. Supporters of the bill say the positive impact on Missouri’s economy if Bombardier were to locate here is worth the cost of what is likely the largest package of tax breaks the state has ever offered for a single project. However, Bombardier has stated its first preference is to build the planes in its home country. Opponents say the offer is overly generous and would subject the state to substantial financial risk. The bills are HB 2393 and SB 1234.
The House gave preliminary approval to its bill on April 15. Supporters of the bill say the positive impact on Missouri’s economy if Bombardier were to locate here is worth the cost of what is likely the largest package of tax breaks the state has ever offered for a single project. However, Bombardier has stated its first preference is to build the planes in its home country. Opponents say the offer is overly generous and would subject the state to substantial financial risk. The bills are HB 2393 and SB 1234.
BLUNT CLAIMS ‘ABSOLUTE PRIVELEGE’ FROM LAWSUIT

Gov. Matt Blunt is asserting his office provides him an “absolute privilege” against liability in a pending defamation and wrongful termination lawsuit filed against him by a former employee, the St. Louis Post-Dispatch reported on April 15. In court documents related to the case, Blunt claims the privilege applies even if he made “intentionally false statements” about the employee.
Scott Eckersley, the governor’s former deputy counsel, is suing the governor and several top current or former administrator officials over Eckersley’s dismissal last fall. Eckersley says he was fired for pointing out the administration’s repeated violations of state open records and retention laws. Following the firing, key administration officials launched a smear campaign to discredit Eckersley. The Blunt administration’s claims about Eckersley quickly were debunked in news reports.
Scott Eckersley, the governor’s former deputy counsel, is suing the governor and several top current or former administrator officials over Eckersley’s dismissal last fall. Eckersley says he was fired for pointing out the administration’s repeated violations of state open records and retention laws. Following the firing, key administration officials launched a smear campaign to discredit Eckersley. The Blunt administration’s claims about Eckersley quickly were debunked in news reports.
ETHICS NOMINEE LINKED TO BLUNT FAMILY WITHDRAWS
Jefferson City attorney Michael Shmid, whom Gov. Matt Blunt appointed to a Democratic seat on the Missouri Ethics Commission, has asked that his appointment be withdrawn after the state Democratic Party questioned his party affiliation. The law requires the six-member commission to have equal numbers of Democrats and Republicans.
Shmid is an associate in the Schreimann, Rackers, Franka and Blunt law firm. Andy Blunt, the Republican governor’s brother, is a partner in the firm. The governor neglected to mention Schmid’s connection to the Blunt family when he announced the appointment on April 9.
Shmid is an associate in the Schreimann, Rackers, Franka and Blunt law firm. Andy Blunt, the Republican governor’s brother, is a partner in the firm. The governor neglected to mention Schmid’s connection to the Blunt family when he announced the appointment on April 9.
NEW MISSOURI LICENSE PLATES COMING IN JUNE

Missouri will begin phasing in new vehicle license plates this summer. The new plates will feature a bluebird, the state bird, sitting on a hawthorn branch, the state floral emblem. The new design will replace the current Missouri plates that have been in use since 1997.
Motorists who renew their vehicle registrations after June 16 will receive the new plates, which will cost an additional $2.78 per set over the current cost for standard plates. Personalized plates will cost an additional $4.25 per set.
Motorists who renew their vehicle registrations after June 16 will receive the new plates, which will cost an additional $2.78 per set over the current cost for standard plates. Personalized plates will cost an additional $4.25 per set.
Thursday, April 10, 2008
PSC CHAIRMAN PLAYED KEY ROLE IN PRO-INDUSTRY BILL
During testimony before a legislative committee on April 1, Public Service Commission Chairman Jeff Davis took credit for helping utility companies draft 2005 legislation, which later became law, that critics said hurt consumers while increasing profits for the companies. The revelation, reported by the St. Louis Post-Dispatch in an April 4 story, raised further questions about Davis’ impartiality as a member of the PSC, which regulates utility companies.
Davis had previously been accused of a conflict of interest for participating in a private meeting in the governor’s office with AmerenUE officials -- including their then-lobbyist Andy Blunt, the governor’s brother -- in 2006 while a rate increase sought by the company was pending before the PSC. In 2007, an e-mail from Aquila Inc. official became public that indicated Davis privately had assured company officials he supported a proposed merger with another company, which was subject to PSC approval.
Davis had previously been accused of a conflict of interest for participating in a private meeting in the governor’s office with AmerenUE officials -- including their then-lobbyist Andy Blunt, the governor’s brother -- in 2006 while a rate increase sought by the company was pending before the PSC. In 2007, an e-mail from Aquila Inc. official became public that indicated Davis privately had assured company officials he supported a proposed merger with another company, which was subject to PSC approval.
HOUSE VOTES TO DEFY FEDERAL GOVERNMENT ON REAL ID
The House of Representatives on April 10 sent to the Senate a bill to prohibit the state from complying with the federal Real ID act, which critics say imposes expensive requirements on states and violates the privacy of citizens. Congress passed the law in 2005 but immediately encountered resistance from state governments.
Six states – Oklahoma, Maine, Montana, New Hampshire, South Carolina and Washington – have already enacted laws prohibiting implementation of Real ID. At least 11 other states, including Missouri, are considering similar legislation. The combined cost to the states of implementing Real ID is estimated at $3.9 billion.
The U.S. Department of Homeland Security has warned states that if they do not comply their residents will be barred from entering federal buildings or boarding airplanes. Critics say that is a hollow threat since it would mean the de facto closure of all federal buildings and airports in those states. The Missouri bill is HB 1716.
Six states – Oklahoma, Maine, Montana, New Hampshire, South Carolina and Washington – have already enacted laws prohibiting implementation of Real ID. At least 11 other states, including Missouri, are considering similar legislation. The combined cost to the states of implementing Real ID is estimated at $3.9 billion.
The U.S. Department of Homeland Security has warned states that if they do not comply their residents will be barred from entering federal buildings or boarding airplanes. Critics say that is a hollow threat since it would mean the de facto closure of all federal buildings and airports in those states. The Missouri bill is HB 1716.
BLUNT NAMES EMPLOYEE OF BROTHER TO ETHICS PANEL
Gov. Matt Blunt on April 9 appointed to the Missouri Ethics Commission an associate attorney of the law firm in which Andy Blunt, the governor’s brother, is a partner. If confirmed by the Senate, Michael Schmid, a lawyer with the Jefferson City firm of Schreimann, Rackers, Franka and Blunt, will hold a Democratic slot on the commission. The news release from the governor’s office announcing Schmid’s appointment neglected to mention the Blunt family connection.
Democrats and Republicans are required by law to hold equal numbers of seats on the six-member commission. Under the law, congressional district committees of the political party for which there is a vacancy nominate candidates for the commission. Democratic Party spokesman Jack Cardetti told The Associated Press said Schmid wasn’t nominated by the party. However, the two Democrats who were nominated withdrew due to professional conflicts. As a result, Blunt was free under the law to appoint a nominee of his own choosing.
Cardetti questioned Schimd’s Democratic credentials. Schmid donated $250 to Democratic Attorney General Jay Nixon’s gubernatorial campaign on April 1 and told the AP he made the donation, in part, to establish Democratic credentials in advance of his anticipated appointment.
Democrats and Republicans are required by law to hold equal numbers of seats on the six-member commission. Under the law, congressional district committees of the political party for which there is a vacancy nominate candidates for the commission. Democratic Party spokesman Jack Cardetti told The Associated Press said Schmid wasn’t nominated by the party. However, the two Democrats who were nominated withdrew due to professional conflicts. As a result, Blunt was free under the law to appoint a nominee of his own choosing.
Cardetti questioned Schimd’s Democratic credentials. Schmid donated $250 to Democratic Attorney General Jay Nixon’s gubernatorial campaign on April 1 and told the AP he made the donation, in part, to establish Democratic credentials in advance of his anticipated appointment.
HOUSE REJECTS SCHOOL VOUCHER PROPOSAL
The House of Representatives on April 9 voted 80-58 to strip a private school voucher provision from a bill to raise minimum teacher salaries. As a result, House Majority Leader Steve Tilley, R-Perryville, told The Associated Press he will not allow a final vote on the measure. “That bill will not see the light of day,” Tilley said.
The voucher provision of HB 2040 would have granted tax breaks to donors to a scholarship fund for children with autism or other special needs to attend private or parochial schools. Opponents called the bill a thinly veiled attempt to open the door to taxpayer support of private and parochial schools to the detriment of public school funding. State Rep. Maynard Wallace, R-Thornfield, sponsored the amendment to remove the voucher provision.
The teacher salary component of the overall bill, which was sponsored by House Speaker Rod Jetton, R-Marble Hill, purported to increase the minimum teacher salary to $31,000 a year from the current $24,000. However, no money was appropriated for the increase.
The voucher provision of HB 2040 would have granted tax breaks to donors to a scholarship fund for children with autism or other special needs to attend private or parochial schools. Opponents called the bill a thinly veiled attempt to open the door to taxpayer support of private and parochial schools to the detriment of public school funding. State Rep. Maynard Wallace, R-Thornfield, sponsored the amendment to remove the voucher provision.
The teacher salary component of the overall bill, which was sponsored by House Speaker Rod Jetton, R-Marble Hill, purported to increase the minimum teacher salary to $31,000 a year from the current $24,000. However, no money was appropriated for the increase.
HOUSE PROPOSES AMENDMENT TO RESTRICT SPENDING
On an 84-65 vote, the House of Representatives on April 10 approved a proposed constitutional amendment that would severely restrict state spending. If also approved by the Senate, the measure would go before Missouri voters on the November ballot.
HJR 70 sponsored by House Budget Chairman Alan Icet, R-Wildwood, would limit annual growth in general revenue spending to the rate of inflation with a further adjustment for population increases. Supporters say the amendment is needed to further control state spending. Opponents counter that it would hamstring the ability of government to provide necessary state services. Colorado suspended a similar constitutional provision after it caused a state budget crisis.
HJR 70 sponsored by House Budget Chairman Alan Icet, R-Wildwood, would limit annual growth in general revenue spending to the rate of inflation with a further adjustment for population increases. Supporters say the amendment is needed to further control state spending. Opponents counter that it would hamstring the ability of government to provide necessary state services. Colorado suspended a similar constitutional provision after it caused a state budget crisis.
HOUSE APPROVES M0RATORIUM ON NEW CASINOS
The Missouri Gaming Commission would be prohibited from licensing any new casinos until 2010 under legislation that won first-round House approval on April 2. Supporters say the moratorium is needed to gage the strength of the gambling market, particularly in the Kansas City area, where Missouri casinos will soon face competition from new facilities in Kansas.
As currently written, however, HB 1929 would prevent the licensing of casino that is already under construction in St. Louis County. When the Gaming Commission approves a new casino it doesn’t issue a license until after construction in completed.
The bill’s sponsor, state Rep. Shannon Cooper, R-Clinton, said he will seek changes so the St. Louis facility isn’t affected. Opponents of the bill say the market – not an arbitrary limit imposed by the state – should determine how many casinos operate in Missouri.
As currently written, however, HB 1929 would prevent the licensing of casino that is already under construction in St. Louis County. When the Gaming Commission approves a new casino it doesn’t issue a license until after construction in completed.
The bill’s sponsor, state Rep. Shannon Cooper, R-Clinton, said he will seek changes so the St. Louis facility isn’t affected. Opponents of the bill say the market – not an arbitrary limit imposed by the state – should determine how many casinos operate in Missouri.
HOUSE NARROWLY APPROVES LIMITING POWER OF COURTS
With the bare minimum number of votes required, the House of Representatives on April 3 voted 82-68 in favor of a proposed constitutional amendment that would limit the authority of state courts. Majority House Republicans shut down debate to force the vote after more than an hour of discussion.
HJR 41 sponsored by state Rep. Jane Cunningham, R-Chesterfield, would prohibit state judges from ruling in cases involving taxation. Supporters say it would prevent judges from imposing tax increases, something a Missouri judges have never done as they are already prohibited from doing so by the state constitution. Opponents say it will prevent Missourians from seeking redress in state courts in legitimate disputes involving taxation.
The measure now goes to the Senate, which hasn’t acted on previous attempts by the House to strip state courts of authority. If the proposal does clear the Senate, it would go on the statewide ballot in November.
HJR 41 sponsored by state Rep. Jane Cunningham, R-Chesterfield, would prohibit state judges from ruling in cases involving taxation. Supporters say it would prevent judges from imposing tax increases, something a Missouri judges have never done as they are already prohibited from doing so by the state constitution. Opponents say it will prevent Missourians from seeking redress in state courts in legitimate disputes involving taxation.
The measure now goes to the Senate, which hasn’t acted on previous attempts by the House to strip state courts of authority. If the proposal does clear the Senate, it would go on the statewide ballot in November.
MOTORCYCLE HELMET LAW REPEAL WINS HOUSE APPROVAL
In what has become an annual ritual, the House of Representatives on April 3 approved a bill to repeal Missouri’s motorcycle helmet law for riders age 21 and older. The bill typically passes each year in the House, where most lawmakers believe wearing a helmet should be a personal choice and not a government mandate, only to be blocked in the Senate by safety advocates. The House sent the measure, HB 1393, to the Senate on 94-52 vote.
SENATE ENDORSES BILL TO CRACK DOWN ON IMMIGRATION
The Senate on April 3 voted 26-7 in favor of a wide-ranging legislative package intended to crack down on illegal immigration. The bill, SB 858, now heads to the House of Representatives. Provisions of the bill include prohibiting illegal immigrants from receiving most forms of state assistance, barring them attending public colleges and universities in most cases, requiring police to check the immigration status of arrestees and punishing businesses for knowingly employing illegal workers.
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