As lawmakers head home many issues facing Missouri are left unresolved

Missouri lawmakers head home after a tense legislative session with some of the biggest issues left unresolved.

From the beginning to the end, the session was dominated by fighting among the large Republican majority. Republicans were divided on major education issues such as eliminating teacher tenure.

Before the legislative session closed, the Missouri General Assembly was able to send the state's $24 billion budget on time to Gov. Jay Nixon, but the Senate debate was dominated by late-night filibusters and personal attacks against Senate leadership.

As the legislature entered its final day, many signature issues had already died, but many other bills were sent to Nixon for approval. Measures passed include:

- A judicial reform bill that attempts to keep nonviolent offenders out of prison if they violate their parole.

- A higher education bill that would create a system for transferring credits among the state's public universities.

- A tax bill that would allow Missouri communities to collect local sales tax on out-of-state car sales.

- A business bill that would prohibit workers from suing their co-employees for accidental injuries sustained while at work.

- A measure that would allow restaurants at Lambert-St. Louis International Airport to sell liquor starting at 4 a.m.

- A bill authorizing St. Louis residents to vote on a tax to redevelop the grounds of the Gateway Arch.

- A telemarketing law adding cell phones to the no-call list.

- A measure to be sent to voters that would establish a health insurance exchange.

- A measure allowing employers to opt out of providing birth control for their employees.

- A health care bill that cracks down on unlicensed day care providers.

Despite these and other accomplishments, lawmakers fumbled on addressing key issues that had been dubbed priorities for the session.

The General Assembly began the year with an ambitious agenda to tackle the state's education issues. Republican leadership outlined a plan to provide relief for students living in unaccredited school districts, fix the public school funding formula, change teacher tenure, expand charter schools and allow the state to intervene immediately in a failed school.

Although the major items on the agenda failed, lawmakers did achieve what House Speaker Steve Tilley, R-Perryville, called incremental progress.

"I don't think we went forward on education reform on the big ticket issues," Tilley said. "Now I do think we are going to make incremental progress this year with charter school expansion."

As the session came to a close, lawmakers were able to pass an expansion of charter schools in failing school districts. Under current law, charter schools can only be in St. Louis and Kansas City.

Supporters said the charter school bill would provide an alternative for students living in struggling school districts.

"We need to do something to help these kids," said Rep. Rick Stream, R-St. Louis County. "And we don't need to wait until next year or the following year or five years or 10 years down the road. We need to act now to give these kids a quality education."

The bill's fate now lies with Gov. Nixon, who called for higher quality charter schools in his State of the State address in January.

A push to allow the state to intervene immediately in the unaccredited Kansas City School District was held up as the session closed, because the Senate did not approve a change to teacher tenure, which would eliminate seniority as a criteria to consider when a district has to lay off teachers.

Sen. Kiki Curls, D-Kansas City, said leaving 17,000 students in Kansas City in an unaccredited district without state help "is disgusting."

"I am going home to 17,000 kids that cannot read. I do not get it. This is what we are here for," Curls said.

One of the bigger education issues facing the legislature was providing a fix to Missouri's underfunded public school funding formula. Sen. David Pearce, R-Warrensburg, sponsored measures that would have provided a fix to the funding formula if the state government could not appropriate enough money to fully fund the formula.

Pearce said it was a "major disappointment" that the body had not passed the funding formula fix. Pearce said divisions about the legislation stemmed from each lawmaker's location in the state and the types of schools that were in each district.

General Assembly overrides Nixon's congressional redistricting veto

The months-long political process of redrawing Missouri's congressional districts is finally over after legislators in the Missouri General Assembly voted to override the governor's veto of the redistricting proposal Wednesday.

In the House, four black Democrats, two from St. Louis and two from Kansas City, joined every Republican in approving the override in a 109-44 vote that then sent the bill to the Senate. House Republicans needed to pick up at least four Democrats to reach the two-thirds majority they needed to override Nixon's veto.

Rep. Michael Brown, D-Kansas City, who voted with the Republicans, said he was concerned with the response from his party but said he voted to override the veto to protect his congressman -- black Democratic U.S. Rep. Emanuel Cleaver.

"From the western side of the state, my congressman was signaling that this might be a map that he could work with and that if it went to the courts he may not get the kind of map that was suitable for him," Brown said.

Democratic Floor Leader Rep. Mike Talboy, D-Jackson County, said the map was designed by Republicans to target Carnahan and blamed the result on a "partisan redistricting process."

"You have folks who got calls because in the end people needed to defend their own districts and make sure those things are taken care of," Talboy said. "The question becomes, and this is why people are upset, are you going to vote as a Democrat to keep Democrats in Congress or are you going to vote to let somebody be eliminated and have less Democrats in the state and have a 6-2 map."

Rep. Tishaura Jones, D-St. Louis City, said she voted against the override to defend Carnahan and keep his seat from getting eliminated.

"I'm one of few African-Americans in this assembly that is represented by Carnahan ... so I'm here to stand up for my congressman who is getting drawn out of this map," Jones said. "I think that Missouri is a state where people should have a fighting chance, and this map does not give my congressman a fighting chance."

Rep. Jamilah Nasheed, D-St. Louis City, said the four Democratic votes, all of which came from black members of the caucus, should come as a sign that black Democrats deserve more recognition from their party. Nasheed's district is represented by the other black Democratic U.S. representative, Lacy Clay.

"For years, African-Americans have been taken for granted within the Democratic party, and at some point African-Americans should understand that their vote counts and they deserve more from the Democratic party," Nasheed said. "At the end of the day we are in lock-step with them, we vote 99.9 percent Democrat, but there is no return on the vote."

Both Brown and Nasheed said that their caucus did not have enough members to afford kicking out any member. Brown also said the Democratic party might have to adjust to more conservative members, just as Republicans had to deal with the emergence of the tea party.

Talboy said the party is going to discuss how the four defecting Democrats voted and the potential consequences of their actions. One of these consequences could result Democratic members being forced out of their caucus.

"If anything is decided one way or the other, if we think it needs to be discussed outside the family, then we will do so at that time, but for now all of those discussions will stay inside of the family because, quite frankly, it is an emotional issue and people have opinions about it," Talboy said. "I can't speak for all my caucus members and what's in their head right now, but we will have a discussion."

Speaker of the House Steve Tilley, R-Perryville, said the Democratic caucus should be embarrassed for discussing the possibility of kicking out members for voting against the party.

"There's no one vote that I would kick any member of our caucus out of our caucus. ... In our caucus, when we disagree, we disagree and we don't ostracize people because we disagree with them," Tilley said. "If they continue to behave like that, the Republican caucus is only going to grow larger."

House Redistricting Committee Chairman John Diehl, R-St. Louis County, said the map was compact and "adequately represents all Missourians," a sentiment that he has stated repeatedly in the past.

In the afternoon, the Senate followed the House's example and, without debate, overrode the veto in a 28-6 vote. One Republican senator, Bill Stouffer, R-Napton, voted with five Democrats against the veto override. Stouffer has been against the redistricting proposals throughout the process because the maps place his and two other rural counties in the Fifth District with a part of urban Kansas City.

The chambers sent Gov. Jay Nixon the finalized conference maps on April 27, and he vetoed the bill on April 30.

Nixon was unavailable for comment, but released a statement on the override. In the statement, Nixon said he still does "not believe this map reflects a fair representation of the interests for all regions of our state." He continued, "Now that the map is finalized, we expect a robust electoral process in these significantly altered districts."

Last week, members of both chambers formed the conference map, which eliminates the St. Louis district held by Democratic U.S. Rep. Russ Carnahan, following a contentious debate over the proposed district lines that split the Republican party and stalled the legislation for weeks.

Carnahan's office released a statement about the override of the redistricting plan that eliminates his congressional seat.

"This is a bad day for the people of Missouri," the statement said. "Families and businesses across this state are facing the prospect of weaker representation and divided communities, all in the name of a partisan power-grab."

The General Assembly's override of Nixon's veto was the first since 2003 and only its 23rd override in the legislature's 191-year history.

The original plans proposed by both chambers split Jackson and St. Charles counties between two different districts, while dividing Jefferson County among three. The final conference map plan puts a larger chunk of St. Charles County in one congressional district. The map also splits Jefferson County into three different congressional districts. Although splits among Senate Republicans stemmed from the rural versus urban issue, opposition between the House and Senate came from a dispute over the St. Charles and Jefferson County area.

The General Assembly was required to lower the state's congressional districts from nine to eight after 2010 census results revealed the state's population did not grow as quickly when compared to other states. The new congressional districts will be implemented starting with the 2012 elections.

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"Stand Up For Farmers!” Rally, Organized by Missouri Farmers Care, Draws Hundreds

At 5:00 pm on Wednesday afternoon, the south lawn of the Missouri Capitol teemed with nearly 1,300 pro-agriculture supporters. The rally, organized by Missouri Farmers Care, focused on the joint effort of Governor Jay Nixon, Missouri legislative leaders, agriculture advocates and animal welfare experts to craft a “Missouri Solution” for the problems caused by Proposition B.

“Today, hundreds of Missourians travelled to the Capitol to let their leaders know that Missourians won’t stand idly by as big-money, special interests attack our farm families,” explained Don Nikodim, chair of Missouri Farmers Care. “That’s why Senate Bill 113 and the Missouri Solution are so important. We have to protect agriculture from radical groups like HSUS.”

The highlight of the rally came when Jon Hagler, head of the Missouri Department of Agriculture, announced Governor Nixon’s support for a “Missouri Solution” that will fix Proposition B. The result of an agreement between Missouri’s agriculture community and local animal welfare advocates, the “Missouri Solution” will ensure that dogs and puppies receive the treatment and care they deserve, while preserving Missouri jobs and protecting Missouri farmers.

“We’re proud that Governor Nixon is standing with us against radical outside interests like HSUS,” Nikodim said. “The Missouri Solution is a clear example of what can happen when we all work together. Missouri’s farmers, pet providers and animal welfare experts all support this agreement that eliminates cruelty while protecting our homes, farms and jobs.”

The “Missouri Solution” proposal will complement Senate Bill 113, sponsored by Senator Mike Parson (R-Bolivar), which improves enforcement of current animal cruelty laws, strengthens standards for animal shelters, cracks down on unlicensed breeders and removes controversial provisions hidden in Proposition B that threatened animal agriculture in Missouri.

Also speaking at the event were; House Speaker Steve Tilley (R-Perryville), Senate Pro Tem Rob Mayer (R-Dexter), Senator Mike Parson (R-Bolivar), Senator Brian Munzlinger (R-Williamstown), Veterinarian Dr. Alan Wessler and local farmer Chris Chinn. The event was emceed by Missouri Farmers Care Chair, Don Nikodim.

“It was inspiring to look out and see so many people coming together to fight for our farms and our families,” Nikodim concluded. “We sent a strong message today that Missouri will continue to stand strong against radical outside interests like HSUS that threaten our homes, our jobs and our values.”

Payday loan restritctions get initial approval from Missouri House

Payday loan businesses would see new legal limitations on rates and payback periods under a bill given initial approval by the Missouri House of Representatives.

The House voted along party lines for a bill that would change several provisions on payday loans. The bill would lower the total maximum interest rate for borrowers to 60 percent instead of the current 75 percent rate over a 14 to 31 day period. The bill, sponsored by Rep. Ellen Brandom, R-Sikeston, would also limit the number of times a borrower can rollover or renew their loan from six times to three.

Rep. Mary Still, D-Columbia, said Brandom's bill did not qualify as reform and the reduction in the number of rollovers is obsolete because Missouri has an average of 1.7 rollovers, nearly half the number allowed under Brandom's bill.

"This is disguise — not reform," Still said.

Brandom said her bill protects the consumer while also preventing the payday loan industry from going bankrupt. She said her bill resulted from an ad hoc committee appointed by Speaker of the House Steven Tilley, R-Perryville, that was created to address the payday loan industry.

Democrats said because of the high rates still allowed in Brandom's bill, it does not do enough to protect the consumers and benefits payday lenders.

"This bill is a gift to the industry," Still said, who previously offered an alternative bill that would have reduced the annual percentage rate to 36 percent and not allow borrowers to rollover their loans. Her bill did not make it out of committee hearings.

Critics of Brandom's bill said the industry is harmful to communities and families.

"Payday loans are like blood banks and pornography shops ... you don't want them in your neighborhood," said Rep. Rory Ellinger, D-St. Louis County.

Supporters of the bill said it is not the government's responsibility to regulate the industry.

"The least government interference in this, the better," said Rep. Steve Cookson, R-Fairdealing.

Industry supporters said payday loans provide a necessary service to people who normally would not be able to acquire a loan and said the bill represents reform to the payday loan industry.

"This bill is a consumer-friendly bill; every provision in this bill makes things better for the consumer," Rep. Don Wells, R-Cabool, said.

One Democrat disagreed.

"This bill is not a baby step forward, it's one giant step backward," said Rep. Eileen McGeoghegan, D-St. Louis County.

The bill passed along party lines with a vote of 99-57 and needs one more vote in the House before moving to the Senate.

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Missouri attorney general rebukes federal health care law

Despite his party's support for President Barack Obama's health care plan, Democratic Attorney General Chris Koster filed a "friend of the court" brief Monday that aims to remove the mandate requiring most Americans to obtain health insurance.

Koster wrote in the brief that upholding the individual mandate would "imbue Congress with police powers rejected by the Founding Fathers and never before permitted by the Supreme Court."

The brief was filed in response to resolutions passed in the statehouse in January that called on the attorney general to challenge the constitutionality of the health care law and to defend Proposition C.

Unlike filing suit, the amicus brief filed by the attorney general merely serves as a secondary opinion; it does not hold the weight of being a plaintiff or defendent. Rep. Tim Jones, R-St. Louis County, defined an amicus brief as not very significant.

"They don't carry that much water to be honest with you," he said. "It's like somebody saying, 'Yeah, me too.'"

Lt. Gov. Peter Kinder released a disatisfied statement in response to Koster's action. In it, he said Koster does not effectively advocate for the interests of Missouri citizens.

"Koster’s amicus brief in the Florida case, while welcome, is a day late and a dollar short," Kinder said.

Kinder went on to say that the mandate is not severable from the act, and thus Koster's wish of keeping the act intact without the central provision is not a feasible option. His statement called on Koster to take on more direct action. It is, however, too late for Missouri to join the lawsuit because it is already in the appeals process.

"It is crucial that leaders of our state are willing to get in the battle for Missourians' constitutional rights and freedoms, and not just comment from the sideline," Kinder said.

House Speaker Steve Tilley, R-Perryville, disapproved of the fact that Koster pinpointed only one issue in the act.

"His involvement in the process is political in nature, and he has taken a political calculation," Tilley said. "And I would say his political calculation is incorrect if he's identifying just one provision of the bill that's unconstitutional."

Koster's office offered no additional comments and said the document speaks for itself.

Obama's plan, the Patient Protection and Affordable Care Act, mandates that an individual should maintain a minimum amount of coverage or pay a fine. Missouri voters responded to the act in August 2010, when they voted to pass Proposition C, a referendum prohibiting mandatory participation in the health care system.

Koster's brief was filed as an addition to a case filed in Pensacola, Fla., by Republican attorneys general and governors from 26 states. Koster is technically the only Democrat who is directly involved in the case. The Attorney General of Wyoming is a Democrat, but the lawsuit was an action taken by the Republican governor. The Court of Appeals for the 11th Circuit in Atlanta is hearing the litigation. So far, three lower court judges have upheld the act, while two, including U.S. District Court Judge Roger Vinson, have taken issue with the central provision of the health care act and ruled it unconstitutional.

The mandate for health insurance is the act's central provision. Koster said he would support the act if legislators cut out that mandate.

House Democratic Floor Leader Mike Talboy, D-Jackson County, said he does not agree with Koster's reasoning in the brief but acknowledged that Koster did what he felt was necessary.

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