Missouri House Passes Guernsey Bill, Three Others Combating Outside Encroachment

The Missouri House passed four bills combating what they see as outside encroachment, including one written and passed by State Representative Casey Guernsey of Bethany. Jerry Drake sent a letter to local legislators Guernsey, Mike Thomson, and Senator Brad Lager asking if they had voted for three bills that were attacked by the St. Louis Post-Dispatch Editorial Board. They were House Bill 436, Senate Bill 267, and Senate Bill 265. Drake's letter reads as follows:

Gentlemen:
Enclosed is an editorial from the St. Louis Post-Dispatch dated May 10, 2013. I am a member of the Sheridan Express newspaper cooperative and intend to submit it to the editor of the newspaper with the suggestion that it be published in the edition of May 22, 2013. He will be interested in knowing if you voted for any of the three bills cited in the article (HB 436, SB 267, SB 265). 

Yours Truly,
Jerry Drake.

As of Monday, May 20th, Casey Guernsey wrote back a handwritten note as follows:
Yes, I voted for all three and will do so every time. In addition, I sponsored, wrote, introduced, and passed HB 170. I'll stand by the Constitution every day.

Guernsey attached a copy of a summary of HB 170.

Information about the following three bills was taken from the House and Senate websites.

House Bill 436 is known as the Second Amendment Preservation Act. It rejects all federal acts which infringe on Missouri citizens' rights under the Second Amendment of the Constitution.

Senate Bill 265 prohibits the state and any political subdivision from implementing any policy recommendations that infringe on private property rights without due process and are traceable to Agenda 21 adopted in 1992 by the United Nations or any other international law or ancillary plan of action that contravenes the federal or state constitutions. In addition, this act prohibits the state and any political subdivision from entering into an agreement with, expending any money for, receiving funds from, contracting services from, or giving financial aid to any organization accredited and enlisted by the United Nations to assist in the implementation of Agenda 21.

Agenda 21 is a voluntary UN action plan relating to combating poverty, conservation and management of resources for development, and strengthening the role of children, youth, women, indigenous peoples, and farmers. The US is a signatory; the action plan has been in existence since 1992. But since it is a voluntary action plan and not a treaty, the US Senate never voted on ratification and it is not legally binding.

Senate Bill 267 is the Civil Liberties Defense Act. It mandates that any court, arbitration, tribunal, or administrative agency ruling is unenforceable if based on a foreign law which is repugnant or inconsistent with the Missouri or US Constitution. It makes contract provisions that choose to apply a foreign law to contractual disputes void and unenforceable in Missouri if it is repugnant or inconsistent with the Missouri or US Constitutions.

House Bill 170 by Guernsey, according to the summary sheet provided by Guernsey, relates to firearms laws and enforcement. It changes the age that a person can be issued a concealed carry endorsement from 21 years to 19 years. It also specifies that it shall be unlawful for any officer or employee of the state, any political subdivision, or any licensed federal firearms dealer to enforce or attempt to enforce any federal act, law, statute, rule, or regulation relating to a personal firearm, firearm accessory, or ammunition that is owned or manufactured commercially or privately in the state that remains exclusively within the boundaries of the state. It makes it a felony for any federal official, agent, or employee to attempt to enforce any federal act, order, law, statute, rule, or regulation created on or effective on or after January 1, 2013. It also declares any federal law, rule or regulation created on or effective on after January 1, 2013 unenforceable if it attempts to ban or restrict ownership of a semi-automatic firearm or any magazine of a firearm accessory or requires any such item to be registered in any manner.

The St. Louis Post-Dispatch editorial board said in the headline of their May 10th editorial that the House had won the "triple crown" of "right-wing porn;" below it, they ran a picture of Republican legislator Brian Nieves (R-Washington) brandishing a gun. The Post-Dispatch argued that House Bill 436 would be ruled unconstitutional on multiple grounds and would seek to nullify even the 1938 Federal Firearms Act, which makes it illegal for criminals to transport weapons across state lines. The Dispatch editorial said that Senate Bill 267, while never specifically mentioning it, notes that it was directed against the possible application of Sharia law.

The Post-Dispatch accused the House of focusing on stuff like Agenda 21 which does not have the power of law in the US while ignoring stuff like education reform. "But speaker Tim Jones didn't bother to start the education discussion until after taking meaningless votes on fantasy bills that will never have any effect on a single job or constitutional right for any Missourian, ever," said the editorial.

The laws in question are aimed at curbing what Missouri legislators see as increasing federal and foreign encroachment on Missouri sovereignty. Nullification as a political weapon died out following the Civil War. However, state legislatures have revived it as a weapon to combat what they see as excessive federal and foreign encroachment on state sovereignty. A bill similar to the one passed by Guernsey passed the state of Kansas as well. It is now the target of a major court battle between the Justice Department and the State of Kansas.

Missouri Republicans slam revenue department, say it's feeding feds data on gun owners

By Michael Doudna, Wes Duplantier and Luke Lyddon

(MDN News) -- Missouri's Department of Revenue found itself under fire from Republicans who say drivers' license offices have been gathering data on the state's gun owners and illegally feeding that information into a federal security database.

Lawmakers and the state's lieutenant governor all said the license offices have been installing new equipment that scans information from concealed carry permits and drivers' licenses and then transmits that information to third-party companies who then forward it to the federal Department of Homeland Security.

That practice, they all say, is in direct violation of a Missouri state law that makes a person's concealed-carry status a part of private personal information.

The first volleys in the controversy sounded March 4 when Lt. Gov. Peter Kinder held a rare press conference to throw his support behind a lawsuit filed in Stoddard County that seeks to stop the data collection. The lawsuit alleges that a man there was denied a concealed-carry endorsement on his driver's license when he refused to allow staff at the local license office to scan documents related to his permit into their database.

On Wednesday, March 6, state Rep. Todd Richardson, R-Poplar Bluff, filed legislation to explicitly bar the Department of Revenue from scanning and transmitting the information. House Speaker Tim Jones said he plans on "fast-tracking" the measure, assigning it to committee within the next week.

Rep. Casey Guernsey, R-Bethany, and Rep. Paul Curtman, R-Pacific, piled on, saying the actions of the license offices support a federal gun control agenda being pushed by the administration of Democratic President Barack Obama.

"Being able to store all of us in a national database, I think it is an issue of deeply intrusive government going way too far," said Curtman.

It is still unclear whether the information gathering is happening as Republicans say it is and to what extent. Multiple phone messages left for the revenue department, which oversees the license offices, were unreturned as of late Thursday.

Keeping drones out of Missouri's skies gains support

By Andrew Weil
(MDN News) -- Citizens and state government agencies would not be allowed to use unmanned drones to pry into the lives of Missourians, under a measure heard by a House Agri-business Committee Tuesday, Feb. 5.

The legislation, sponsored by Rep. Casey Guernsey, R-Bethany, would only permit the use of drones for surveillance with a warrant.

Several farming organizations in the state as well as the state chapter of the American Civil Liberties Union voiced their support for the measure. Guernsey said he plans to change some provisions of this legislation to ensure it doesn't outlaw business use of drones, particularly for farming.

But the ban could have a impact on a Columbia NPR affiliate, KBIA/91.3 FM. The station is operated at the University of Missouri's flagship campus and recently received a grant to operate its own drone.

In response, Guernsey said after the hearing that he doesn't want to create problems for education and has no problem with the students learning about drone technology; however, he is concerned about them using it for news-gathering.

"If we're moving into an age of news agencies using drones to collect information on private citizens, I'm definitely concerned about that," Guernsey said.

KBIA's content director, Scott Pham, was at the hearing but didn't testify one way or another. After the hearing, however, Pham told Guernsey the drone is different than a military drone in that it can stay in the air no more than 14 minutes. He also said the station doesn't use the drone over any land without permission from the owner.

"I'm in public radio, you know, we're not chasing down ambulances, we're not looking for criminals or scandals or something, we're telling these big deep stories that seek to explain," Pham said.

The Associated Press reported that a total of nine states have currently proposed limiting the use of drones by police.

Casey Guernsey -- Proposition B

Over the last several weeks, I have been writing about the various propositions on the ballot for next week.

Of the four initiatives, the tobacco tax increase — Proposition B — has spurred the most discussion. It is certainly true that Missouri has the lowest tobacco tax in the nation and that cigarettes can damage our health. However, I am very much a believer in personal responsibility and I simply do not agree that a 760 percent tax increase on a targeted business of any variety is equitable during these challenging economic times. As always, there is much more to this proposition than a tax increase and I'd like to explain that.

We all remember the ballot initiative that dealt with gaming funds (casino and lottery) several years ago. We've also learned that despite the fantastic campaign advertisements promising huge increases in education funding, this did not transpire. What actually happened was a swap in revenue sources for education which kept education funding at the same level. This isn't what the voters thought would take place! All of these funds were supposed to fund increases in dollars to our schools and help solve our education problems. Since then, our largest two school districts remain unaccredited. And now, we are faced with yet another campaign to raise taxes for our schools that could end with a broken promise.

Those supporting Proposition B claim lawmakers could only use the money for education and health care. Missourians have rejected similar tax increases on the ballot in 2002 and 2006. If you look at how this proposition is worded, it mandates the money to be placed in a 'Health and Education Trust Fund' and those funds to be used to educate children about tobacco use. Prop B also increases the amount of money tobacco companies must pay into an escrow fund. The devil is always in the details, and my concern is that this money will be used for tobacco education funding and NOT sent to schools for them to spend on general education improvements, Capital improvements,  text books, etc. I am concerned this won’t increase education dollars like the general public expects, but rather create a new education program that will wind up costing us even more dollars to administer.

Proposition B would also establish a commission of political appointees to spend almost $60 million of our tax dollars per year without oversight. This unelected panel could spend tax dollars on virtually whatever they want with zero accountability.

Diverting money is a classic way to avoid tough decisions to cut spending. I am concerned that this massive tax increase would ensure wasteful spending will continue, or become even worse, in our state. I'm like you; if we have a proposition about education funding - it should be about education funding! This ballot initiative is more about punishing tobacco companies than it is increasing education dollars at our local schools where it is needed.

Our elected officials are accountable each and every election, while the commission established in this initiative is not. In addition, I have never felt a tax increase of this size was necessary to continue to provide existing services in this state when we continue to have tax credits and other spending programs that are out of control.

To me, this proposed tax increase seems too large. For those who believe the funds will go to a good purpose, I will remind them our challenge is not a lack of budget funds, but rather how we spend those dollars. The solution is not more revenue raised on the backs of hard-working citizens; it is prioritizing the funds available and certainly not creating new expensive programs, commissions and propositions as Prop B does.

I am a “no” vote on Proposition B. It is true, we need to spend more money on education and if this proposition had actually done that, I would view it entirely different. However, I do have many constituents that feel otherwise on this proposition. We will soon know the outcome of this issue after the Nov. 6 election.

It is an honor to serve as your Missouri State Representative, and I do appreciate your input on matters of importance to you, your family and community. Please feel free to contact me at 573-751-4285 or casey.guernsey@house.mo.gov. Thank you for taking an active role by voicing your opinions on our state and national governmental matters.

Casey Guernsey -- Vote Yes on Proposition A

 by State Representative Casey Guernsey

Few things are more frustrating than learning about a ballot issue at the time of voting.  Considering how important each of these initiatives are to each and every one of us, I have decided to dedicate my weekly column space to one proposal a week until the election. I strongly believe if people understand the background to each of these issues, they will better be able to decide for themselves how to vote on them. Last week I wrote about Proposition 'E' relating to the healtcare exchange question. This week I'm tackling prop 'A' which deals with the question of the St. Louis Police Department.

St. Louis City had more of a Union sentiment during the civil war, while state government officials were Confederate sympathizers. This difference, along with its location on the river and its great arsenal, made St. Louis City of particular importance in the time leading up to and during the Civil War. Extreme partisan measures were being taken on both sides of the slavery issue to secure control of this strategically significant city. Gaining control of the local police department was key to gaining control of the city's arsenal and in turn the Mississippi River. The Governor took action to control the St. Louis police department and today, the outdated law still remains in place.

With STATEWIDE voter approval, control of the St. Louis Police Department will be restored to where it belongs — with the people and City of St. Louis. We in Rural Missouri stands to benefit from this good-government initiative as it increases the accountability of the St. Louis Police Department and reduces state and local costs by an estimated $4.5 million.

Supporters of the ballot measure include the St. Louis Police Officers Association, the mayor of the City of St. Louis and more than 80 rural lawmakers, including myself, and mayors. I encourage you to vote “yes” on Proposition A and return local control of the St. Louis police force back to the city.

Rep. Casey Guernsey -- Heartland Hospitals in St. Joseph to Lose $300,000 Annually to Obamacare

On June 28^th, the United States Supreme Court upheld key provisions of Obamacare. As a result of a portion of the ruling, Missouri must decide how to implement a healthcare exchange. We've already seen the impact of Obamacare on Medicare with the major loss of dollars to our local hospitals as it came to light over the last month. For example, Heartland Hospital in St. Joe which provides healthcare for all of Northwest Missouri is slated to lose over $300,000 a year because of cuts to Medicare in Obamacare. That is why we must be deliberate and careful how we create an exchange.

So what does this mean for the future of healthcare in Missouri, and what are we going to do about it? Those questions are what makes 'Prop E' on the ballot in November so very important. This initiative, if passed, ensures that the legislature creates our state healthcare exchange - not the Governor. I believe this is fundamentally important because of the public debate and the deliberate, calculated committee process we use to write laws. It is always better when the public knows what is going on through lawmaking rather than an executive order by a Governor. The legislative process ensures accountability. We saw what Governor Nixon's intentions were this year as it relates to Obamacare when he snuck a $50 million Medicaid expansion line item in his budget. He was trying to begin implementation of Obamacare thru Medicaid expansion as our state healthcare exchange. Fortunately, we in the budget committee caught on to his scheme and tossed out his entire unbalanced budget. Not only did he try to cut higher education by 10%, but he was also trying to implement Obamacare without telling anyone! Now I hear on the radio he takes all kinds of credit for signing the legislature's balanced budget. It must be nice to be able to take credit for other people's hard work. I'm expecting a thank you note from the Governor any day now....

The most significant other aspect of this decision was that the Court ruled the federal government could not punish states which choose not to use Medicaid as the state's healthcare exchange. During the public debate concerning Obamacare, little attention was made to the tremendous cost shift from the U.S. government to Missouri provided in this law. In order to reduce the projected cost of this legislation, President Obama and Congress tried to mandate that Missouri pay a large portion of the additional cost associated with the expansion of Medicaid - the federal and state health insurance program for the poor. Even with this accounting trick, the projected cost of this legislation has sky rocketed since its passage. According to the nonpartisan Office of Management and Budget, the projected cost of Obamacare has tripled since its original adoption. TRIPLED, folks!! This is why Governor Nixon's attempt to use Medicaid as our exchange was so very wrong.

In Missouri, we estimate this law will cost Missouri taxpayers from $300 to $600 million in the first year if we accept it. Missouri has a general revenue budget of almost $7 Billion and can ill-afford this cost. Accepting such additional cost for Missouri would not be possible without drastic cuts in the budget or an increase of taxes. I certainly oppose an increase of taxes, particularly in these difficult economic times. In 2010, 71% of Missouri voters rejected Obamacare in a statewide vote on Proposition C. We need to see a similar percentage on Prop E, and I would strongly encourage everyone to support it. Writing a healthcare exchange will be incredibly important.  We have to get the best possible version and I truly believe this is only possible through the legislature.

It is an honor to serve as your Missouri State Representative, and I do appreciate your input on matters of importance to you, your family and community. Please feel free to contact me at 573-751-4285 or casey.guernsey@house.mo.gov. Thank you for taking an active role by voicing your opinions on our state and national governmental matters.

Casey Guernsey's Capitol Report -- Improving the Legal Environment for Business

As I talk to business owners throughout the district, there is a recurring theme that emerges no matter where I go. People want to make it easier to do business here in Missouri. Whether it is an out-of-control legal system or burdensome state and federal regulations, our small businesses continue needing relief. I strongly believe we must allow for an environment to grow jobs and business, but it is absolutely critical to keep those businesses and jobs we already have in Missouri.
One way we can help existing businesses in the state is by reforming our workers’ compensation system. That is the purpose behind HB 1403 which was given initial approval in the Missouri House this week. This bill makes workplace accidents, injuries, and diseases easier to resolve for employees and less expensive for small businesses. It accomplishes this by making three significant changes to the law.
First, HB 1403 puts occupational diseases back under workers’ compensation where it was prior to 2005. In 2005, a change in the law resulted in court rulings that moved cases involving occupational diseases outside of the workers compensation system. As a result, these cases are now ending up in court causing litigation costs to rise on all of our businesses. And for a small business, a trial means a costly defense that may lead to huge damage awards and bankruptcy. Not surprising to anyone, these lawsuits have resulted in a huge windfall for trial attorneys with little left for the injured party or small business.
Next, the bill also includes much needed co-employee liability reform. A court recently ruled that injured workers can sue co-workers for action or inaction as part of their workers compensation case. HB 1403 alleviates this burden on employers and their workers by raising the standard to gross negligence for an employee to be sued. Here in the House, we think that employees shouldn’t be sued for simply doing their job.
Finally, HB 1403 includes a provision that will reform the 2nd Injury Fund, moving it closer to solvency. The fund has been in trouble for some time, and it seems that past legislatures have been unwilling to make the difficult decision to fix the problem.
The 2nd Injury Fund collected $43 million from Missouri businesses last year while its obligations increased to $77 million. This bill gives the business community several key reforms. For example, the bill eliminates a claim for permanent partial disability and suspends the lifetime payment to someone who can still be gainfully employed. While I would be in favor of eliminating the 2nd Injury Fund, I believe this is a good step toward adequate reform.
HB 1403 will help businesses by improving the legal environment for Missouri businesses. This bill is critical toward preparing the business climate for growth as the economy improves.
It is an honor to serve you in the Missouri House. If you would like to discuss these or any issue with me, please call 573.751.4285 or email me at casey.guernsey@house.mo.gov.

Casey Guernsey -- Voter Protection Act Protects Right to Vote

In 2005, the Missouri General Assembly passed into law a requirement that individuals present photographic identification when they vote in person. This was in response to the public concern about something odd that had happened in St. Louis during the 2004 presidential election and in several other counties – there were more individuals on the registered voting lists than people who actually lived there.

An unfortunate reality of recent elections is that instances of voter fraud have continued. As recently as the last couple of years, an Illinois man was prosecuted for voting for President in both Missouri and Illinois and ACORN workers were charged with election fraud in Kansas City. Missouri has a long history of voter fraud especially in the urban center. For a people that cherish the right to vote as much as Americans, this practice is troubling.

When the 2005 Photo ID requirement was challenged in court, the Missouri Supreme Court said that this requirement was unconstitutional under state law because voting is a fundamental right under our state constitution, and one or two named individuals in the case may have a hard time getting the photographic identification required to vote. Voting is a fundamental right. It should be protected to the fullest extent of the law. One way to protect the right to vote is to make sure that everyone’s vote counts equally. When individuals vote illegally, it reduces the value of the legally cast ballots – as they literally have less power.

I am the co-sponsor in the House of a Proposed Constitutional Amendment known as the “Voter Protection Act”. This measure is designed to protect Missourians’ fundamental right to vote. This important legislation would require voters to produce a form of photo identification when voting to help reduce fraud and abuse in our elections. I believe that in this day and age, requiring photo identification to vote is a common sense requirement. We all need a photo ID to cash a check, rent a movie, buy Sudafed or get on an airplane. To ensure that this measure does not discourage voting, we have created exemptions for older Missourians (born before 1941) and the disabled.

I believe that requiring identification protects those of us who vote legally from those that don’t. The courts don’t agree. On this issue, you will get to decide - if the Senate finally passes this legislation prior to the May 13 adjournment. If they do, you will have an opportunity next year to protect our right to vote by amending our constitution to allow us to require photographic identification for voting.

Casey Guernsey -- Marathon of Legislative Activity

This week was a ‘marathon’ of legislative activity that benefitted our rural district tremendously. I was also thrilled to see the Proposition B reform legislation sent to the Governor and a positive response from his office indicating his support of the necessary reforms. As a result, around 1,500 people showed up to rally the Governor and ask him to sign the bill into law as soon as possible. I would strongly encourage you to contact his office asking him to sign the ‘Prop B reform’ legislation into law. We also passed out of the house three bills of particular benefit to our district, they are as follows:

HB 828 – Prevailing Wage Reform

Prevailing wage is the requirement that employers pay employees a specified hourly wage higher typically higher than a normal rate. In Missouri it applies to certain categories of work, determined by statute, rules, and regulations. One of these categories is construction. Prevailing wage was never meant to apply to maintenance of buildings and simple repairs; for instance, things like repainting an old building. Recently, the Missouri Supreme Court determined that employees repainting old buildings were actually doing construction work, so they should be paid prevailing wage. This bill fixes the court case, to bring “prevailing wage” back to where it was intended – without this fix “prevailing wage” could be extended to a ridiculous point where you can’t even legally hire a neighborhood kid to paint your shed without having to pay them upwards of $20 an hour.

HB 1008 – Highway Construction Contracts

The Missouri Department of Transportation is not like a business – it can’t always build projects the cheapest way possible because there are limits on how state agencies can spend money. Most of the time this is good, state money is public money and there should be restrictions on how it is spent. However, sometimes the protections get in the way, and make projects cost more than they should. This bill simply allows MODOT to enter into a type of payment agreement that it normally could not. This payment agreement would be flexible, allowing for changes in highway revenues, but also allowing private contractors and MODOT to work together more efficiently through greater public-private partnerships.

HB 708 – American Law in American Courts

Unless you’re a lawyer, going to court is often bad. It’s a confusing and stressful time – under American laws. Now imagine you go to court, and instead of using American law, the judge decides that he’s going to try your case under New Zealand law, or Brazilian law, or even a religious law like Sharia. Good luck. It’s hard enough for the average citizen to figure out what’s going on under American laws. Worse – courts across the country have begun to use these foreign laws in their cases, and if we don’t do something, this might become the norm instead of an exception. We have seen a startling emergence of judicial activism applying Sharia law to settle court cases. That’s why we passed HB 708 – a measure to make sure that Missouri courts use Missouri and American law when they decide cases. They can still look at foreign laws that are the same as ours, but they can’t use a different remedy or outcome than would happen under our law. It just makes sense. In a Missouri law, you should be subject to the laws of Missouri and of the United States. New Zealand, Brazilian, or Sharia law has no place here unless it’s the same as ours.

Guernsey Bill on Manure Lawsuits Goes to Governor's Desk

Missouri's House passed a bill that would protect farmers and CAFO's from repeatedly getting sued over the smell of animal manure. Rep. Casey Guernsey, R-Bethany, sponsored the bill and said this bill helps to protect the rights of farmers and Missouri's agriculture industry. He said this is legislation Missouri needs to preserve the industry. "If we don't fix this problem, we aren't going to have the ag industry in this state," Guernsey said. Another supporter of the bill, Rep. Chris Molendorp, R-Cass County, said this bill allows some of Missouri's counties to take care of nuisances. Opponents to the bill, such as Rep. Mike Colona, D-St. Louis, said the bill doesn't acknowledge the property value decrease when a farm moves next door. "So that I am to believe that if a big hog farm moves next to me, where morning, noon and night I don't have that great smell of bacon, as the gentlemen from that side of the aisle said the other day ... I have the smell of hog manure, that will not affect the value of my property?" he asked. The bill will go to the governor next to sign into law or veto.

Casey Guernsey: Legislature Turns Back Proposition B

by State Representative Casey Guernsey

Proposition B is the first step in an attempt to end animal agriculture in the state of Missouri. There are over 100,000 farmers in this state – many of them raise livestock. In the words of the organizations that sponsored the measure – the Humane Society:

“My goal is the abolition of all animal agriculture.”

— John “J.P.” Goodwin, HSUS grassroots coordinator, statement made on AR-Views, an animal rights internet discussion group

“If we could shut down all sport hunting in a moment, we would.”

— Wayne Pacelle, president of HSUS, Associated Press

“The life of an ant and that of my child should be granted equal consideration.”

— Michael W. Fox, HSUS senior scholar, Associated Press

This week the Missouri House passed a measure that would actually make it harder to operate a puppy mill in this state. Our bill, unlike the humane society’s proposition, increases the cost of obtaining a dog breeder’s license in Missouri, and uses that money to increase inspections. Bad people will always do bad things. The current “puppy mills” in Missouri are already operating in violation of our laws. Missouri’s “Operation Bark Alert” is already catching hundreds of illegal breeders and rescuing thousands of dogs. Since the launch of Operation Bark Alert, more than 4,300 dogs have been rescued in across Missouri. In 2009, Missouri saw a decrease of 164 commercial breeders thanks to Operation Bark Alert. In 2010, the trend continued with more than 200 commercial breeders no longer in business in Missouri. This was without the measures in proposition B, designed to end animal farming. We can stop illegal breeders from operating here without hurting legitimate businesses. The Humane Society thinks we cannot legitimately raise animals for food; they think animals are equal to humans. This is insane. Most of Missouri’s dog breeders are small family operations that raise dogs because they love them, and they want to supplement their income. Proposition B will literally put them out of business – while those already operating illegally will continue to do so. Unchanged, Proposition B hurts all dog breeders. Our proposal increases funding to look for puppy mills and shut them down without hurting legitimate farmers. If you suspect someone is operating an illegal puppy mill and want to help us shut them down, you can report unlicensed breeders to state officials at from operation bark alert at:http://mda.mo.gov/animals/ACFA/barkalert/reportbreeder.php

The Missouri Legislature also passed HB 209, the Agriculture Nuisance Reform Act, by a vote of 110-45 that will protect Missouri farm families and farms from the continued onslaught of lawsuits from out-of-state lawyers. Animal production is under constant attack from out-of-state lawyers who simply want to ruin the state's agriculture industry, kill thousands of jobs, and destroy hundreds of rural communities. I am proud that Missouri Legislators, both urban and rural, republican and democrat, stood together to protect our agriculture industry, the jobs it creates, and the rural farming heritage that is the foundation of our state's economic and social well-being. Today's reforms will protect jobs, farms, and future generations who want to continue farming without harming the legitimate rights of adjoining property owners.

As always, feel free to contact me anytime with your thoughts or concerns. My phone number is 573.751.4285 and my email is Casey.Guernsey@house.mo.gov.

Rep. Casey Guernsey: English Only Drivers Exams, Late Term Abortion Bans

This may seem like an odd requirement, but currently an individual in Missouri has the option to take the test in 11 different languages and also have an interpreter available. Especially considering that, in 2008 Missourians made English the state’s official language for all formal proceedings by a margin of 89%. If that isn’t a mandate, I’m not sure what would be! Doesn’t it stand to reason if we made English our official language, our tests should be administered in English? I think so.

While diversity is a proud part of our heritage and should continue to be in our future, I don’t believe we are compromising anything by requiring a standard language for all motorists in Missouri. For instance, someone who cannot communicate in English during a routine traffic stop or during an emergency situation on a major roadway could potentially cause serious harm to other motorists.

In addition, a great deal of access is allotted to individuals who have a driver’s license. Some individuals will use a driver’s licenses to get all kinds of government services that they could not otherwise, such as a forged birth certificate or social security card and then receive state welfare services.

In the Missouri House we have a strong majority of elected officials who are proud to support the pro-life cause. This majority is made up of both Republicans and Democrats. Together we are working to achieve another great victory for the rights of the unborn in Missouri. House Bill 213 would ban late-term abortions. It specifies that no abortion of a “viable” unborn child can be performed or induced except for the health of the mother. A child less than 20 months old is not considered “viable.” In the case of a child more than 20 months old, the baby is considered viable unless a doctor performs a checkup and signs off that the child is not viable.

A doctor who signed that a child was not viable when it actually was would be guilty of a class C felony, subject to severe fines and at least one year in jail. Further, the doctor would have his license to practice medicine suspended for 3 years, and any facility where the procedure was performed could lose its license.

While this bill would still allow for abortions where a Doctor considered a mother’s life to be in danger, over 92% of abortions are performed for social or “other” reasons. Less than 1% of abortions are performed because the mother’s life is in danger. Our efforts this week will hopefully lead to the protection of even more life in Missouri.

Casey Guernsey: Improving Missouri's Business Climate

by State Representative Casey Guernsey

Last week the House of Representatives took important action focusing on improving Missouri's business climate to adequately compete in today's markets. We passed out of the House my legislation putting an end to repeat nuisance lawsuits against farmers and agri-businesses. This is an enormous victory for those of us living in North Missouri and anyone in the farming business. The Senate also took quick action and passed Senator Lager's version of the same bill. The overwhelming super-majority lent to my legislation speaks volumes in and of itself; this is not a Republican or Democrat issue, this is a jobs issue. Anyone in agriculture today knows the threat of a lawsuit alone is enough to potentially put them out of business, it is imperative we send this bill to the Governor to keep Missouri's Agricultural sector the largest in the state. I urge you to contact the Governor's office in support of this legislation, his phone number is: 573.751.3222. If we do not, I fear it will be impossible for us to remain in the animal agriculture industry in Missouri thanks to literally 3 out of state trial attorneys who are manipulating our laws to line their pockets with tens of millions of dollars. His veto would also open the doors to further abuse of our nuisance laws to allow for the suit against any farmer regardless of commodity. We have all heard of farmers in other states being sued for harvesting after hours, stirring up dust, etc. We can not allow these attorneys the same option in Missouri.

The House also took swift action to end one form of double-taxation. Currently, Missouri franchised businesses are taxed both on their income and the value of their assets and stock. As an example this would be like getting taxed on your yearly income, and additionally on all the net income you've made your entire life. Missouri's additional tax on corporations is called the franchise tax. While Missouri has both corporate franchise and income taxes, many states simply have one or the other. As a result, when national corporations or smaller franchises are choosing where to locate, Missouri's double taxation scares them away.or pushes companies to re-locate outside of Missouri. By allowing businesses to keep its money, we know they will invest it in jobs right here in the Show-Me-State. The amount of money we will allow these corporations to save will be the equivalent of 1,700 jobs at $50,000 each. Cutting taxes is the best way to improve the job market for Missourians and I was very pleased to lend my strong support to this common sense legislation.

This session we have focused primarily on creating jobs in our state. We started the session with a plan to turn the state economy around by fundamentally changing the business environment and HB 76 is part of it. HB 76 phases out the state's franchise tax over a period of five years. Without the franchise tax, our state will become more attractive to businesses looking to move here and create jobs. Missouri collects less than 3% of its revenue from corporate taxes of any kind and the franchise tax is only part of this collection. In addition, Missouri entrepreneur's operate on a shoestring budget, and a little bit of tax here or there is the difference between hiring someone new or closing down. The elimination of the double tax will only help our small business owners. Join me in supporting HB 76 to eliminate corporate double-taxation. It's about attracting new businesses and creating new jobs. As always, feel free to contact me anytime with your thoughts or concerns. My phone number is 573.751.4285 and my email is Casey.Guernsey@house.mo.gov.

Casey Guernsey's Capitol Report: Nuisance Reform Legislation Passes

With a blizzard warning being issued for the first time ever in the State of Missouri, the Governor issued a State of Emergency and activated the National Guard this week. Now that the snow has subsided, the cleanup process has begun. We are also beginning to experience the forecasted single digit and subzero temperatures. This compounded with the 20 inches of snow in Jefferson City made for a very interesting work week! Nearly every legislator made it to Jefferson City for session and remained “holed up” safely in the Capitol. However, one member from Benton County was in a very serious car accident and is in critical condition. I would ask everyone to say a prayer on behalf of Representative Wanda Brown. The decision was made to place the House in what is referred to as “Technical Session” for the week. That way, if members needed to hold hearings to keep committee work moving along we were able to do so. It also allowed for members to go home whenever they could and not worry any legislation would be brought before the full body on the House floor for a vote.

I was one committee chairman who took advantage of an opportunity to work and held a hearing for my legislation relating to nuisance reform for farmers and agri-businesses. We met twice to hear testimony from a number of folks both in support and in opposition to my bill and debate its language. We ended up passing my bill out of the committee for debate before the whole house with unanimous support of all 15 members of my committee, both Democrats and Republicans. I am very pleased we were able to diligently work on this legislation and come to an agreement that it is imperative we fix this problem of repeat lawsuits facing farmers and agri-businesses. Rarely do members of both parties come together in committee to lend complete support for legislation. This further demonstrates the gravity of the situation facing Missouri’s agriculture sector. I will now work to see we receive the same level of support to pass this legislation out of the House to send it to the Senate. Fortunately Senator Lager has already begun work in his side of the legislature to get this passed into law.

It was very interesting and historic to work on your behalf this week. Most members remained at the Capitol Tuesday night, sleeping on the floor of their offices. I believe despite the dangerous winter weather and road conditions, this session will ultimately be successful because of the work we were able to accomplish this week in spite of the blizzard. As always, feel free to contact me anytime with your thoughts and concerns either by phone at 573.751.4285 or email; Casey.Guernsey@house.mo.gov.

Casey Guernsey: Drug Testing for TANF Recipients

This week, our work in the House continued to move quickly as we advanced common-sense legislation to help Missouri’s economy and families. A bill I co-sponsored, House Bill 73 seeks to reform the way Missouri pays out welfare benefits to children and families in need. Sadly, around 60,000 children each month are receiving Temporary Assistance for Needy Families (or TANF) welfare payments. While this program means well, these benefits are distributed to whoever is registered as the child’s parent, and far too often these “parents” spend money meant to feed their child on themselves. Not surprisingly, if one talks with the individuals actually responsible for administering these welfare programs, they will tell you it isn’t difficult to figure out who the drug abusers are.

One ugly example of how these welfare payments are spent is on drugs and alcohol. In bad cases parents are abusing taxpayer good will on a bad habit that is otherwise meant for hungry children, but in the worst instances pregnant “mothers” who receive the benefits are choosing a bad habit over their child. In the data we have from 2010, there averaged around 85,000 individuals on TANF every month. None of these individuals were tested for illegal drugs as a condition of receiving their money. However, most people can’t get a job today without taking a drug test, yet those who would live off of the work of others are not made to take this same test – it is simply ridiculous.

In addition, numbers from (FY 2008) indicate that only 14.9% of Missouri families receiving TANF welfare payments are participating in some form of work. While there’s no way to know if drug-testing is part of this “work” – it probably isn’t. Even if all of these individuals are drug-tested as part of their work, it is still a very small minority that are tested. Simply put, we can do better and we should do better. If we are going to decide to give assistance to needy children and families there must be some accountability to the taxpayers. Opponents criticized this proposal because they said it lacked compassion and was irresponsible. I feel like one of our greatest responsibilities is to taxpayers and not addressing this issue is abusing the compassion of all those Missourians whose hard earned dollars are helping these families get by. Besides, how is enabling drug abusers with welfare money compassionate to these innocent children?

It is time we took a stand and in the Missouri House of Representatives we have taken the first step. Please join me in supporting HB 73 as it moves to the Senate and hopefully lands on the Governor’s desk for approval. As always, feel free to contact me at (573) 751-4285 or Casey.Guernsey@house.mo.gov. I look forward to your thoughts.

Casey Guernsey's Capitol Report for January 26th, 2011

Legislative session is again in full swing and we have already accomplished much in the House of Representatives. Last year’s elections were historic for the State of Missouri. To me, this was also an absolute mandate to take serious action on the problems facing our state and voters meant business. I’m happy to report that I do to! After elections we elected new leaders for the House of Representatives and immediately went to work preparing for the budget by forming an ‘interim budget committee’ on which I served. We spent November and December preparing for the full budget committee that begins next week. We also appointed Committee Chairmen a month early and I am proud to report my appointment to Chair of the House Agriculture-Business Committee. I have already set my agenda for my committee, drafted such legislation on which I will report more in the future, and I will begin that work next week. But we have lost no time passing two priorities the people of Missouri spoken upon loud and clear last year by: 1.) continuing our work overturning the federal healthcare mandate, and 2.) passing legislation protecting businesses from federal and state regulations to protect existing Missouri jobs. I fully supported both and they have been sent to the Senate.

House Resolution 39, which I co-sponsored, was adopted by the Missouri House last week calls on Missouri Attorney General Chris Koster to defend the citizens of Missouri by joining in the multi-state lawsuit against the implementation of the federal healthcare mandate passed by Congress as part of Obamacare. More than twenty other states have now signed onto the lawsuit. HR39 specifically addresses the failure of Missouri Attorney General Chris Koster to join the lawsuit given the overwhelming support Missouri voters displayed last August against this new federal mandate. HR39 goes further to proclaim that the mandated healthcare bill is a clear misuse of the Commerce Clause within the US Constitution and that the penalty for failure to purchase healthcare is unconstitutional.

I was proud that in just the second week of the legislative session, Republicans in the Missouri House of Representatives wasted no time in moving this resolution through committee and to the House floor. We were proud to stand up for the overwhelming number of Missourians who sent us to Jefferson City to take on battles just like this. One of the key amendments added on the House floor also asked Governor Jay Nixon to take action and make a stand as well. As the Chief Executive of the State and the former Attorney General, we feel it is important for the Governor to get involved on behalf of the people of Missouri. As pointed out on the House floor, it has been six months since the people of Missouri have voiced their opinion and the Attorney General and Governor have still not taken any action.

Rep. Casey Guernsey's Capitol Report for April 28th, 2010

Tax Credit for Pregnancy Resource Centers

This week the Missouri House gave approval to HB 2252, which provides a continuation of the successful tax credit program for pregnancy resource centers in our state. As someone who is strongly pro-life, I believe we should have no abortions in our state. One way to reduce abortions is to help our pregnancy resource centers. These centers provide resources and education to women who are expectant mothers or recently had a baby and who have no other support network available. These women and their children deserve and need a helping hand. These resource centers provide advice on child-rearing, job training, maternity and baby clothes, and referrals for medical care, all at no cost.

HB 2252 reauthorizes this tax credit so Missourians can choose to support them when they file their income tax returns and that will go to support these centers. It is also important to note these centers are run by the private market, not the government. Part of being pro-life is supporting and protecting those who cannot protect themselves. Missouri's pregnancy resource centers are an excellent and cost effective way to do so.

Public Prayer Amendment

I was also supportive of an initial approval to HJR 62 this week. This proposed constitutional amendment guarantees a person's right to worship and pray on public property without the fear of intimidation. This is already allowed and protected in the US Constitution, but amazingly enough people are continually challenging this freedom in court. The purpose of this amendment is to make it perfectly clear that in Missouri we can freely pray in public without fear of legal repercussions.

The lack of education on this issue is especially important in regard to Missouri school children. Many students do not understand their rights and often feel intimidated to not show their faith at school out of fear. HJR 62 makes it clear to all students they are allowed to pray and are free to do so without fear. To help make this clear, this amendment also requires public schools receiving state funds to prominently display the Bill of Rights of the Constitution.

No one in America should ever feel any pressure or intimidation for expressing their religious beliefs. Freedom of Religion was one of the primary precepts on which this nation was founded. The Missouri House just took another step forward to ensure our freedom of religion is further protected from any infringement.

Rep. Casey Guernsey's Capitol Report for April 15th, 2010

Missouri State Sovereignty

America’s founders thoughtfully designed our country with a federal system of government. This system of balance between state and federal government has been the reason our form of government has been so successful. It wasn’t because of Socialism or Communism. The United States Government has grown by enormous leaps and bounds in the last year and a half. This unprecedented growth threatens the relationship the Fed shares with the states. Here’s what the preamble outlines as the role of the Federal Government: establish justice, insure domestic tranquility, provide for common defense, promote general welfare, & secure blessings of liberty. That’s it. The tenth amendment highlights who has responsibility for duties outside of the constitutional role of the federal government. The tenth amendment states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.”

As your elected representative, I am committed to protecting your constitutionally guaranteed rights, at any cost. The immense power grab we have seen in the areas of healthcare, commerce, taxes & personal freedoms are unprecedented. I’ve read just this morning where the Justice Department is trying to gain access to our email accounts without a warrant. Personal privacy is at a premium these days it seems. This is why we passed HJR 88, the State Sovereignty Amendment, out of the House. This proposed constitutional amendment, which requires voter approval, reinforces Missouri citizen’s constitutional sovereignty under the Tenth Amendment to the United States Constitution. I firmly believe the federal government should be limited only to powers granted in the Constitution – without exemption. This amendment serves as a warning to the federal government that we do not approve of any unconstitutional mandates and federal laws forced on Missouri such as the disastrous ‘Cap and Trade’ bill or recently passed Healthcare bill.

HJR 88 prohibits the executive, judicial, and legislative branches of Missouri's government from recognizing, enforcing, or acting on federal restrictions on the right of private citizens to bear arms; federal laws legalizing or funding abortions or the destruction of human embryos; certain specified federal actions involving health care including a federal public option (which is outlined in our Health Care Freedom Act); federal actions requiring the sale or trade of carbon credits or the taxing on the release of carbon emissions (Cap and Trade); federal actions mandating the recognition of same sex marriages; federal actions increasing the penalty for a crime based on a perpetrator's thoughts or designating hate crimes; federal actions regarding the Establishment Clause based on a "wall of separation" between church and state; and federal actions restricting the right of parents or guardians to home school or enroll their children in a private or parochial school or placing restrictions on the school's curriculum. The resolution also requires Missouri courts to interpret the United States Constitution based on its language and the intent of its signers at the time of its passage, rather than leaving interpretation up to sponsors and co-sponsors of bills. Finally, HJR 88 allows Missouri solid ground to bring suit to enforce the provisions of the resolution.