Voters will decide whether to alter the state’s system for selecting judges after the House of Representatives on May 10 voted 84-71 to grant final approval to a proposed constitutional amendment that would make changes to the Missouri Nonpartisan Court Plan. The measure, SJR 51, cleared the House with just two more votes than necessary for passage and came on a largely party-line vote, with most Republicans in support and all but one Democrat opposed.

The Senate had previously approved SJR 51 on a vote of 19-12, with just one more supporting vote than needed. The proposed amendment bypasses Gov. Jay Nixon and automatically goes on the Nov. 6 statewide ballot for voter ratification.

Under the existing system, a seven-member commission is charged will selecting three finalists to fill vacancies on the Missouri Supreme Court and state Court of Appeals, and the governor is required to appoint one of those nominees or forfeit the selection to the commission. The commission consists of three lawyers elected by members of the Missouri Bar, three non-lawyers chosen by the governor and a Supreme Court judge, by tradition the chief justice. Because terms are staggered, the same governor doesn’t have the opportunity to appoint all of the non-lawyer commissioners until he is midway through his second term.

HJR 51 would remove the Supreme Court’s representation on the commission and fill the final voting spot with a fourth non-lawyer chosen by the governor. A retired judge would serve as a non-voting member of the commission, which would submit four finalists to the governor instead of just three. HJR 51 would also change the length of terms so that a governor could appoint a majority of the commission during the single term.

LAWMAKERS DEDICATE FUNDING SOURCE FOR VETERANS

The General Assembly on May 10 granted final approval to legislation that would create a dedicated funding source for state veterans homes and other veterans programs. HB 1731 would earmark most of the state’s casino entrance fee for veterans programs. The bill now goes to Gov. Jay Nixon, who is expected to sign it into law.

Entrance fee revenue had mostly gone to veterans programs until the late 1990s, when the bulk of the money was shifted to pay for early childhood education programs. Under HB 1731, early childhood programs would instead be funded by revenue from Missouri’s share of annual payments from tobacco companies that resulted from the settlement of a national lawsuit more than a decade ago.

FY 2013 STATE BUDGET CLEARS GENERAL ASSEMBLY

The House of Representatives and Senate on May 10 granted final passage to the 13 appropriations bills that make up the $24 billion state budget for the 2013 fiscal years, which begins July 1. Lawmakers wrapped up work on the budget just a day ahead of the constitutional deadline for doing so.

Lawmakers kept basic state funding for local public school districts at roughly the FY 2012 level, although public education funding remains well short of what the state’s education funding law calls for. On higher education, most of the state’s four-year colleges and universities received slight bumps, while funding for the four-campus University of Missouri System and Missouri State University was kept flat.

Two major points of controversy were omitted from the final budget. One was a plan pushed by House Republicans to eliminate a $28 million health care program for the blind. Under the final budget, that program will continue. The other major controversy involved language inserted by Senate Republicans that would have prohibited the University of Missouri-St. Louis from continuing the operate the Sue Shear Institute for Women in Public Life, which helps train women for careers in government and elected office. That language was also removed.

PETITIONS SUBMITTED FOR FOUR BALLOT MEASURES

Supporters of four ballot measures that separately ask voters to increase cigarette taxes, regulate predatory lenders, increase the state minimum wage and grant St. Louis city local control over its police force submitted initiative petitions to Secretary of State Robin Carnahan by the May 6 deadline for getting on the 2012 ballot. Carnahan’s office must verify that each petition contains the requisite number of valid signatures no later than Aug. 7. Those initiatives certified by Carnahan will go on the Nov. 6 statewide ballot.

The predatory lending proposal, which would cap the annual interest rates on short-term loans at 36 percent, faces an additional hurdle since a Cole County judge in April struck down the ballot summary prepared by Carnahan’s office. The ruling has been appealed to the Missouri Supreme Court, but if the trial judge’s decision is upheld, signatures collected under the faulty summary likely would be declared invalid and prevent the measure from going on the ballot.

The other proposed initiatives would raise the state’s lowest-in-the-nation cigarette tax from 17 cents to 93 cents per pack, boost the state minimum wage from the current $7.25 an hour to $8.50 an hour and end the state’s control over St. Louis Metropolitan Police Department. State control was enacted by Missouri’s pro-Confederate state government in the early days of the Civil War in an effort to keep the police force from being used against advocates of secession.

DRED SCOTT INDUCTED INTO HALL OF FAMOUS MISSOUIANS

Dred Scott, a slave whose fight for freedom resulted in an infamous 1857 U.S. Supreme Court case that helped precipitate the Civil War, was inducted into the Hall of Famous Missourians on May 9. Scott was born in Virginia in 1795 but was living in Missouri in 1846 when he sued for his freedom.  Not long after the Supreme Court’s decision, Scott’s supporters purchased his freedom, and he died in St. Louis in 1858. Scott’s great-great-granddaughter Lynne Jackson of St. Louis attended the Hall of Famous Missourians induction ceremony in the chamber of the Missouri House of Representatives. A bronze bust of Scott will take its place among the busts of previous inductees in the Capitol Rotunda.

The Senate Appropriations Committee has agreed to follow the House of Representatives lead on sparing public colleges and universities from funding cuts in the state operating budget for the fiscal year that begins July 1. Gov. Jay Nixon had recommended reducing higher education appropriations by about $66 million when he offered his proposed $24 billion state operating budget.

The Republican-controlled House, which passed its version of the budget last month, spared colleges and universities from cuts in part by eliminating a $30 million program that provides health care for the blind. The Senate committee, which is also Republican controlled, has yet to decide if it will go along with the elimination of that program, which the governor opposes.

The Senate committee also modified a plan to provide many state employees with their first pay raises in four years. Nixon had recommended giving all state workers a 2 percent increase but not until Jan. 1 – halfway through the fiscal year. The House approved providing an immediate 2 percent raise, but only for employees who earn less than $70,000 a year. The Senate committee endorsed providing the immediate raise only to workers earning less than $45,000 annually.

Once the Senate committee finishes work on the 13 appropriations bill that make up the state operating budget, the bills will go before the full Senate for debate. After the Senate approves them, negotiators from both legislative chambers will work out a final version of the budget, which must win approval by a constitutional deadline of May 11.

SENATE VOTES FOR HIGHER HURDLE FOR TEACHER TENURE

The Senate on April 5 gave first-round approval to legislation that would double the amount of time a teacher must work for the same public school district in order to earn tenure. The bill requires another Senate vote to move to the House of Representatives.

SB 806 originally would have eliminated teacher tenure outright, but the Senate on April 3 voted 17-15 to gut the bill by amending it to merely call for a study of tenure, not its elimination. That action prompted the bill’s sponsor, state Sen. Jane Cunningham, R-Chesterfield, to temporarily shelve the measure before revising it to extend the years of service a teacher must put in to earn tenure from five years to 10 years. The longer vesting period would apply only to teachers who haven’t yet earned tenure by Aug. 28 of this year.

Opponents of teacher tenure contend it makes it virtually impossible to fire bad teachers. Supporters say that simply isn’t true and tenured teachers can still be dismissed for poor performance or other legitimate cause but that tenure merely entitles them to due process. The tenure bill is SB 806.

HOUSE COMMITTEE SEEKS TO REPLACE VOTER ID LANGUAGE

The House Elections Committee on April 3 approved a resolution aimed at replacing ballot language that a circuit judge invalidated a week earlier on a proposed constitutional amendment slated for the November statewide ballot that would grant the lawmakers the authority to impose photo voter identification requirements. It is appears unlikely, however, that the resolution would achieve its purpose.

The General Assembly passed the photo voter ID amendment, SJR 2, last year and in it included misleading ballot language that asked voters to approve the “Voter Protection Act,” even though the actual proposed amendment makes no mention of such an act and would instead restrict voting rights and potentially disenfranchise Missourians who don’t have a government-issued photo ID. In vacating the legislative ballot language, Cole County Circuit Judge Patricia Joyce said lawmakers should be given another opportunity to write valid language. It doesn’t appear, however, that lawmakers still possess the legal authority to modify legislation that passed a year ago.

HCR 53 nonetheless makes the attempt by creating replacement ballot language. The problem is the measure is a concurrent resolution without force and effect of law. As a result, it doesn’t appear that the Secretary of State’s Office, which is responsible for certifying ballot questions, could legally accept the new language. HCR 53 now goes before the full House of Representatives for debate.

HOUSE APPROVES ALLOWING ADVERTISING ON SCHOOL BUSES

The House of Representatives on April 5 narrowly approved legislation to allow school districts to sell advertising space on their buses. The bill, HB 1273, passed 83-65 and with just one more vote than the minimum necessary to send it to the Senate.

Supporters said allowing advertising on school buses would provide local districts a way to generate much-needed revenue. Opponents are concerned it would provide advertisers another opportunity to market junk food and other products to children. Although the bill wouldn’t prohibit most advertising targeting children, it would bar ads relating to alcohol, tobacco products or gambling, as well as those that are sexually explicit, political or religious in nature.

CHANGES TO WORKPLACE DISCRIMINATION LAWS SENT TO GOVERNOR

The Senate on March 8 voted 23-8 to grant final passage to legislation that would make it easier for employers to escape legal responsibility for engaging in workplace discrimination. The vote was along straight party lines with Republicans in support and Democrats opposed. Because the House of Representatives had already passed the bill last month, it now goes to Gov. Jay Nixon, who vetoed similar legislation last year and is expected to do so again.

HB 1219 would substantially raise the legal bar for bringing claims of unlawful workplace discrimination based on race, gender, age, disability or religion. For cases that still manage to make to court, the bill would severely limit the amount of damages victims could recover.

LAWMAKERS APPROVE CHANGES TO WORKERS’ COMPENSATION LAW

By a vote of 87-68, the House of Representatives on March 7 sent a workers’ compensation bill to Gov. Jay Nixon. The bill, which the Senate approved 26-8 last month, was sought by Missouri business groups to undo many of the changes to the workers’ compensation system enacted in 2005 at the behest of those very same groups.

The 2005 overhaul set a higher legal bar for bringing workers’ compensation claims and removed certain types of injuries from the system. At the time, opponents warned that removing such cases from the workers’ compensation system would result in them being filed in civil court. Although the burden of proof is higher in civil court, so is the potential financial liability for employers if they lose. Business groups sought to reverse the 2005 changes after those predictions became reality.

This year’s bill, SB 572, still generated controversy, however, because it goes beyond merely undoing the now-disfavored 2005 changes. In particular, it would place occupational diseases, such as those suffered from asbestos exposure, under the workers’ compensation system. Claims for occupational diseases traditionally have been brought in civil court.

HOUSE COMMITTEE APPROVES FY 2013 STATE BUDGET

The House Budget Committee on March 7 approved the 13 appropriations bills that make up the roughly $24 billion state operating budget for the 2013 fiscal year, which begins July 1. The full House of Representatives will likely take up the budget bills shortly after its reconvenes on March 19 following its annual spring recess. Both the House and the Senate must agree on the budget bills by a constitutional deadline of May 11.

The most controversial move made by majority Republicans on the budget committee was to cut state health care services for the blind. The roughly $30 million in savings would be used to avoid funding cuts to public colleges and universities. House Democrats and Gov. Jay Nixon have steadfastly opposed eliminating health care for the blind.

FY 13 REVENUE UP SLIGHTY, STATE BORROWS FOR CASH FLOW

Year-to-date net state general revenue collections were up 2.4 percent through the first eight months of the 2012 fiscal year compared to the same period in FY 2011, going from $4.44 billion last year to $4.55 billion this year. Net collections increased 15.1 percent in February 2012 compared to February 2011, going from $345.8 million to $398.2 million.

The state also borrowed $150 million from the Budget Reserve Fund for cash flow purposes during February, bringing the total borrowed for the year to $225 million. The money must be repaid by a constitutional deadline of May 15.

Rep. McManus was selected to represent the Missouri House of Representatives on Governor Nixon’s trade delegation on to Brazil.    “Our economic future is a global one, and we must help Missouri businesses compete on every front,” said Rep. Kevin McManus, a member of the House Committee on International Trade and Job Creation.  “This trade mission will help Missouri businesses grow their presence in one of the world’s fastest growing economies, creating new jobs and new opportunities here at home.”

Also participating in the trade delegation were numerous Missouri businesses, including several located in Grandview and Kansas City, Missouri, which negotiated contracts with Brazilian customers during the exports mission.

Gov. Jay Nixon announced he will lead a delegation of Missouri business and manufacturing leaders to Brazil from April 14 to 18, 2012.  The delegation will include representatives from key Missouri businesses and institutions, including Boeing, Monsanto, Orscheln Products, Boehringer Ingelheim Vetmedica Inc., Solae and Missouri State University.  During the visit, Gov. Nixon will sign an agreement with the Governor of the State of São Paulo to open and expand new markets, increase Missouri exports to Brazil, and expand cultural and educational partnerships between Missouri and Brazil.

Gov. Nixon announced the mission during a visit to the Office of International Programs, housed in the Jim D. Morris Center on the campus of Missouri State University.  During the trade mission, representatives of Missouri State University will sign an exchange agreement with the State University of Maringa in Brazil.

“As we continue to work tirelessly to create jobs and grow our economy, we know that selling more Missouri-made goods around the world must be a key part of our strategy,” Gov. Nixon said.  “Last year, Missouri businesses set an all-time record for selling Missouri-made and Missouri-grown goods around the world.  We want that trend to continue.  During this working trip to Brazil, we will work with Missouri businesses to increase exports, open and expand Brazilian markets, and significantly expand our presence in South America.  I’m pleased to be leading a strong delegation on this trip to sell more Missouri-made goods to other countries, and to create more jobs here at home.”

Missouri businesses set an all-time record for exports in 2011, selling more than $14.1 billion in Missouri-made and Missouri-grown goods around the world.  In 2011, Missouri exported nearly $323 million in goods and products to Brazil, making that nation Missouri’s 10th-largest export market.  Missouri’s top exports to Brazil include chemicals, minerals and ores, transportation equipment, machinery, electrical equipment and appliances, and computer and electrical products, and agricultural products.

Joining Gov. Nixon on the delegation will be: First Lady Georganne Nixon; Jon Hagler, director of the Missouri Department of Agriculture; Jason Hall, deputy director of the Missouri Department of Economic Development; State Sen. Michael Parson (R-Bolivar), vice-chairman of the Senate Agriculture, Food Production & Outdoor Resources Committee; and State Rep. Kevin McManus (D-Kansas City), a member of the House International Trade and Job Creation Committee.

The delegation also will include representatives of numerous Missouri businesses and institutions, such as Boeing, Monsanto, Orscheln Products, Missouri State University, Solae, Herzog Contracting Corp., Ungerboeck Systems International, SCD Probiotics, Infinite Energy Construction, Wilson Manufacturing, HTS Technologies, Worldwide Recycling Equipment, Diva Maker, and Sunset Transportation.

“This exports mission is another critical step in our strategy of establishing solid trade relationship between Missouri and other states at the sub-national level,” Gov. Nixon said.  “We are committed to working directly with provincial and local governments in other countries to open doors and expand opportunities for Missouri businesses to sell their goods around the world.  That leads to more jobs and growth here at home.”

During the export mission, Gov. Nixon will visit both São Paulo and Brasilia for meetings with senior business and governmental leaders.  In São Paulo, Gov. Nixon is scheduled to meet with Gov. Geraldo Alckmin of the State of São Paulo; Acting U.S. Consul General William Popp; and Dr. Gilberto Kassab, mayor of the City of São Paulo.  Gov. Nixon also will meet with the board and address the membership of the Federation of Industries of Brazil and address the members of the American Chamber of Commerce in São Paulo.  He also will tour Iochpe-Maxion, a major Brazilian automotive supplier.

In Brasilia, Gov. Nixon is scheduled to meet with Minister of Defense Celso Amorim; Minister of Industry and Commerce Fernando Pimentel; Minister for Foreign Affairs Antonia de Aguiar Patriota; and Minister of Agriculture Mendes Ribeiro Filho.  Gov. Nixon also is scheduled to meet with U.S. Ambassador Thomas A. Shannon.

“We appreciate having a Governor who is focused on expanding markets for Missouri’s farmers and stakeholders,” said Duane Simpson, of Monsanto Company, who will be a member of the delegation. ”The Latin America market represents an important strategic growth area for our business. We look forward to traveling with the Governor to this important agricultural market.”

In keeping with state practice, travel costs for Gov. and Mrs. Nixon will be covered by the Hawthorn Foundation, a nonprofit organization dedicated to promoting economic growth in Missouri.  Taxpayer funds will not be used to pay travel costs for the Governor or First Lady.

The Governor and members of the delegation will depart Missouri on Saturday, April 14, and arrive in São Paulo on Sunday, April 15.  The delegation will travel to Brasilia on Tuesday, April 17, and depart for Missouri on Thursday, April 18.

“The transportation industry is a rapidly growing sector in Brazil, and we see the potential for significant growth,” said Robert Orscheln, President of Orscheln Products and a member of the delegation. “We applaud the Governor for leading this delegation that will help companies like ours sell more goods to international consumers and grow the economy of our state.”

“As a state, we have tremendous opportunities to continue to expand our exports of agricultural, manufactured and other products, and this trade mission is an important step in that direction,” said Sen. Mike Parson (R-Bolivar), a member of the delegation.  “I look forward to representing Missouri agriculture and other industries as we expand and open new markets for Missouri products in this growing economy.”

Missouri State University also will ink an agreement with the State University of Maringa to promote student, scientific and cultural exchanges between the two institutions.  Dr. Jim Baker, Missouri State’s vice president for research, economic development and international programs, said such exchanges are a vital part of preparing students for careers in an international economy.

“As a university, the students we train and the businesses we help create must be prepared to compete in a global economy,” said Dr. Baker, who will be a member of the delegation.  “These agreements will help us forge relationships between Missouri State University and growing institutions in the dynamic and emerging Brazilian market.  These relationships will be beneficial for students, research and businesses at our university and throughout Missouri.”

The visit will include tours of the Governor’s Mansion, the State Capitol Building and the Supreme Court Building.  District Day will be held on March 20, 2012.

For more information or to RSVP, please contact Kevin.McManus@house.mo.gov or call 573-751-9469.

“I was very impressed with the quality of work of these students and am excited to see that our schools are placing a strong emphasis on technology,” stated Rep. McManus.

The Kansas City School District is at the center of legislative activity this session.  On March 1st, the Missouri House of Representatives voted unanimously to allow for the immediate takeover of the Kansas City School District, which lost its accreditation earlier this year.  The House sent the bill, HB 1174, to the Senate on a 148-0 vote.

Under existing law, a school district must remain unaccredited for two years before the state can intervene.  HB 1174 would allow the Department of Elementary and Secondary Education to immediately take over any district that loses accreditation.

HB 1174 is one of several bills dealing with education reform.  More information about other legislation being considered by the House and Senate can be found here.

HCS 1568 is aimed at modernizing Missouri’s “Safe Haven” law, which currently allows a parent to relinquish custody of a baby up to 5 days old at a designated safe haven, such as a fire station or hospital, without fear of prosecution.

HB 1568 would expand the time to 45 days, which is the time currently used by Kansas and a national average for such laws.

The bill is part of a statewide effort by child advocates to raise awareness of the law in order to prevent tragic cases where newborns are abandoned in dangerous and often deadly circumstances.

For more information, please see the following:

NBC ACTION NEWS:  MO Lawmaker Wants to Extend Safe Haven Law

St. Louis Post Dispatch:  Missouri Rethinking Safe Haven Law

Missourinet.com:  Bill would change law to let mothers relinquish newborns