League of Women Voters MO legislative update
By Cara | March 8, 2010
This update from the LWV includes info on “mega tax” bill SJR 29, bills relating to energy/climate change, mental health, and a constitutional amendment HJR 26.
LEGISLATIVE BULLETIN
Published semi-monthly during the Missouri Legislative Session by the
LEAGUE OF WOMEN VOTERS OF MISSOURI
8706 Manchester Rd. Suite 104 St. Louis, MO 63144-2733
314-961-6869 (fax 314-961-8393)
Email: league@lwvmissouri.org Web: www.lwvmissouri.org
Volume XXXX, Issue 4 March 5, 2010
LAST CALL FOR LWVMO LEGISLATIVE DAY – March 23
This great opportunity to learn, participate, network, advocate, and have fun is coming soon! A
special guided tour of the Supreme Court (directly across the street from the Capitol) will take
place from 11:30 – 12:15 or so. We will return to Hearing Room 2 in the Capitol basement for
lunch together and additional networking. The only cost for the day is for food, $15, with
reservations accepted through March 19 at the LWV office (314-961-6869) or leave a message at
660-263-5725 anytime. You can send in your money beforehand or pay at registration on the
23rd.
Plan on getting to bed early the night before so you can arrive in Jefferson City early for a full
day. Breakfast and registration will begin at 8:30 (Hearing Room 2, Capitol basement) where
legislators have been invited to drop by informally and meet League members. They are most
likely to be free from then until 10:00 a.m. when Sessions generally start. (You might even catch
an Elections Committee Hearing at 8:00 that morning). Directors will provide “hot off the
press” updates on issues we are following, and you’ll receive a packet of other information to
help make your day easy and productive. We will have brief presentations from Paula Hodges
from the Civic Engagement Table (required photo ID), Amy Blouin from the Missouri Budget
Project on the “fair tax”, a representative from the Secretary of State’s office on election issues,
Rep. Sara Lampe will give us the latest scoop on the budget, and Otto Fajen (MNEA) will
share happenings regarding education/taxes.
Participants will also have time to observe in the House and Senate galleries, visit legislators’
offices, and make individual contacts with legislators. Presentation of a resolution honoring the
90th birthday of LWV in the Missouri House is planned (probably between 10-10:30) where
member of League will be introduced, so a large contingent from around the state would be
great. Hope to see you there!
TAXES – Elaine Blodgett
(Ed. Note: Remember the old saying “It’s not over until the fat lady sings”? Keep that in mind
as we continue the saga on taxes. Many constituencies in the state are screaming about the
“mega tax” proposal—the Municipal League, Missouri Association of Counties, education
groups, convenience stores, even the Chamber of Commerce isn’t happy. While protesters were
“marching forth” outside the Capitol on Mar. 4 . . .)
The Senate unveiled its substitute bill for SJR 29 March 4. A number of exemptions were added
(such as gasoline and private K-12 education) and an overall CAP of 7 percent was placed on the
sales tax. Going up, anyone? Excerpts follow:
• All revenues lost as a result of the prohibition on the taxation of income under this
section shall be replaced, effective July 1, 2013, by the levy and imposition of a tax upon
the consumption or use in this state of taxable property or services which shall not exceed
seven percent.
• No tax shall be imposed under this section on: (1) Intangible personal property (2)
Property for which the tax authorized under this section has been collected due to a prior
taxable transaction (3) Property purchased to be a component part or ingredient or new
personal property to be sold at retail (4) Property or service purchased by a person
engaged in a trade or business, including agriculture, to be used in such trade or business
for resale, to produce, provide, render or sell taxable property or services, for purposes of
appreciation or the production of income, or in furtherance of other bona fide business
purposes (whew!) (5) tuition and fees paid to an accredited institution of higher education
for educational services (6) Tuition and fees paid to any elementary, secondary, or
vocational school for educational services (7) Motor fuel purchases subject to an excise
tax (8) Insurance premiums (9) Monetary donations and purchases of tangible property
on behalf of, for, or by charitable organizations.
• The general assembly may only enact additional exemptions to the tax authorized under
this section by general law approved by an affirmative vote of no less than two-thirds of
the elected members of both chambers and approved by the Governor (better make all the
exceptions before this bill is approved!). The burden of proof for establishing a tax
liability shall be borne by the state in all legal proceedings.
ENERGY/CLIMATE CHANGE – Win Colwill
Good news! HB 1667 (McNeil) which requires new state?funded buildings and major
renovations to meet high performance, green building standards, was reported “Do Pass” on
Feb. 23 by the House Energy & Environment Committee. The companion bill, SB 952 (Wright?
Jones) was heard Mar. 3 by the Senate Agriculture Committee. LWVMO submitted support
statements on both bills. LWVMO, two architects, DNR, and two representatives of clean
energy coalitions spoke in support at the Senate hearing; there was no opposition. State
buildings designed to achieve LEED Silver or 2 Green Globes certification are energy?, waterand
resource? efficient, produce fewer emissions, and provide a healthier work environment.
SB 745 (Bray) requires new construction statewide to meet minimum energy efficiency
standards, a measure advocated by the League since 1979 to conserve energy, reduce utility
bills and the need for new power plants. Senator Bray submitted LWVMO’s support statement
at the Senate Commerce Committee hearing on Mar. 2. Missouri is one of only 8 states without
a statewide energy code; the state’s few local energy codes lack uniformity and many areas
have none.
HB 1851 (Nolte) would change the intent of Proposition C to allow nuclear energy to be named
a renewable source of energy that utilities could use to meet mandated targets. The initiative
approved by 66% of Missouri voters in 2008 stated “not including nuclear energy” in the list of
renewable sources. Uranium is not a renewable source; it is finite. LWVMO opposes this bill.
There has been no further action on it since the Utilities Committee hearing on Feb. 16.
SCR 46 (Stouffer) and HCR 46 (Funderburk) urge Congress not to enact cap?and?trade
legislation. The House resolution also calls on Congress to reject EPA’s “endangerment finding”
that certain greenhouse gases (including carbon dioxide) threaten the public health and
welfare. These resolutions aim to stop Federal action to reduce global warming emissions from
vehicles and large stationary sources. Passage of climate/energy legislation is a LWVUS priority.
LWVMO strongly opposes the resolutions.
MENTAL HEALTH/HEALTH – Lael Von Holt
Legislation of interest this week includes HB 1298 (Roorda) which prohibits denial of mental
health care and treatment for children who are alleged victims of abuse and neglect. HB 1398
has had no action since being second read on Jan. 7. This bill has been recommended for
assignment to the Judiciary Committee but no assignment has been made. Volume of filings and
party affiliation are offered as possible cause. League has requested that Speaker Richard give
this bill recognition and move it along.
Bipartisan action in the Legislature continues to promote health insurance coverage for autism
spectrum disorders. Although momentum has slowed this past week, any progress is
encouraging in view of the national health debate and the risky state budget cuts. SB 618 (Rupp)
is #1 on the Senate Formal Calendar for Third Read. HCS HB 1211 $ 1341 (Scharnhorst) has
been reported to the Senate. For details, see LWV Leg. Bul. #3. League’s follow-up on
coverage of autism under MO HealthNet—which is not included in the above bills—shows that
MO HealthNet is authorized by a specific waiver to cover treatment needs of autistic children in
collaboration with the Dept. of Mental Health.
First time noted in this bulletin is SB 918 (Schaeffer) which establishes provisions regarding
pharmacy benefit managers. Of particular interest for this mental health portfolio is the section
regarding a prescribing physician’s authority, based on sound clinical evidence, to override
medication restrictions set by health carriers and pharmacies—so called step therapy protocols
which are not always in the consumer’s best interest. SB 918 was referred to the Senate
Commerce, Consumer Protection, Energy and Environment Committee on Feb. 11. League will
be following this bill.
Remember, it’s not too late to check in with Rep. Icet, Chair of the House Budget committee, to
request protection in the State budget of those vital services in mental health, including
prevention of risk to children. Budget cutting below the safety net would not be acceptable.
Allen.Icet@house.mo.gov.
SCARY CONSTITUTIONAL CHANGE – Elaine Blodgett
Rep. Tom Loehner has introduced HJR 86 which would change the Missouri Constitution and
could have unintended and far-reaching consequences regarding local control and even our
current state (Confined Animal Feeding Operations) CAFO standards. This bill could come to
the floor when Session resumes after spring break (Mar. 15) so a call while reps are home would
be good. Contact Rep. Tilley (Majority Floor Leader, makes decisions about what comes to the
floor) 573-751-1488, Speaker Richard 573-751-2173, Rep. Loehner (573-751-1344), and any
other representative you have a relationship with.
Talking Points:
• HJR 86 could stop the state from regulating CAFOs. HJR 86 includes language stating
that “it shall be the right of citizens to raise domesticated animals in a humane manner
without the state imposing an undue economic burden on animal owners.”
• HJR 86 could stop counties from passing health ordinances to protect their citizens from
the negative impacts of industrial livestock operation. It includes language that “no law
criminalizing or otherwise regulating crops or the welfare of any domesticated animals
shall be valid unless based upon generally accepted scientific principles and enacted by
the general assembly.”
• HJR 86 is not simply a new law, but proposes an amendment to the Constitution. This
means that any unintended consequences of this language would be cemented into the
state constitution and would over-ride any current statute or future action of the state
legislature.
• Rep. Loehner should change the language of HJR 86 to clarify the purpose of the bill.
The current language is too broad and creates the possibility of too many far-reaching
consequences for independent family farmers, local control and the ability of elected
representatives to respond to the citizens of the state.
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