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2012 Legislative Session
Perspectives from the 45th May 3rd - 2012
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Contact Us | |
Dan Bryar
Legislative Assistant
573-751-6607
201 W. Capitol Ave.
Jefferson City, MO 65101
Christopher Vick Legislative Intern 573-751-6607 201 W. Capitol Ave. Jefferson City, MO 65101 |
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American Federation of Teachers Visits State Capitol
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The American Federation of Teacher (AFT) visited the Missouri Capitol on April 24th to meet with legislators to discuss education priorities. AFT, an affiliate of AFL-CIO, is a national organization with over 1.5 million members nationwide whose mission is to improve the quality of educational services as well as strengthening the institution of education itself.
In a meeting with Rep. Holsman, they discussed common sense education reforms, tactics to restore accreditation to the St. Louis and Kansas City Public Schools, as well as for continued funding of elementary and secondary education.
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Misssouri Jobs Report |
The Missouri Department of Labor released a report of April 24th on an update on Missouri's employment picture for the first quarter of 2012. According to the United States Bureau of Labor Statistics, Missouri added 27,500 jobs for this first quarter of 2012, the highest of any of Missouri's bordering states.
This news bodes well for the future of Missouri's economic growth, and shows Missouri is standing strong in moving forward to recover from the depression.
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House Moves To Weaken Whistleblower Protections
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By Marc Powers, Democratic Caucus Communications Director
The House of Representatives on April 26 voted 86-66 in favor of legislation that would weaken legal protections for whistleblowers who report illegal or unethical activities by their employers. The bill, HB 2099, received just three more votes than the minimum needed to send it to the Senate.
The weakening of whistleblower protections was also contained in a more expansive bill that cleared the Republican-controlled General Assembly earlier this year but was vetoed by Gov. Jay Nixon, a Democrat. The main provisions of that bill would have made it easier for employers to escape legal responsibility for discriminating against workers based on religion, race, gender or disability. In the wake of that veto, Republicans opted to pursue legislation limited to the whistleblower provisions.
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Missouri Department of Conservation to Host Family Fishing Day! |
It's time to bait the hooks and have some fun at the Department of Conservation Burr Oak Woods Conservation Nature Center. On May 12 the Department is hosting a family fishing day at the nature center education pond. The Department staff will teach the basics of fishing, provide equipment and worms, and then let you and your family try your luck. Kids who attend will be entered in the drawing at the end of the summer for a Zebco 33 Spincast Rod and Reel Combo and tackle box!
Location: Burr Oak Woods Nature Center
Date: Saturday, May 12, 2012
Time: 09:00 AM - 11:00 AM
Registration required
by May 11th at 816-228-3766 |
Signup Now for Summer Adventures with the Missouri Department of Conservation |
If you love to have fun in the outdoors, and would like to learn new skills, then the Missouri Department of Conservation has a program for you! This summer the Missouri Department of Conservation is offering a variety outdoor classes in the greater Kansas City area. The Summer Adventure Program offers classes on orientation, canoeing, archery, fishing, outdoor cooking, shooting, nature walks and many others. Each program will enhance a child's teamwork, safety, and leadership skills. The Summer Adventure Program offers classes for children between the ages of 3 and 17. For a list of Missouri Department of Conservation summer programs and events, please visit: http://mdc.mo.gov/summer-adventures-become-part-outdoor-skills-adventure.
Please visit:
http://mdc.mo.gov/regions/kansas-city/nature-you-newsletter
if you would like to read the current issue of the Nature & You Newsletter. The Nature & You Newsletter is the area newsletter for Burr Oak Woods Nature Center, Discovery Center, and Lake City and Parma Woods Shooting Ranges.
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Senate Approves Its Version Of FY 2013 State Budget
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By Marc Powers, Democratic Caucus Communications Director
The Senate on April 25 approved its version of the $24 billion state operating budget for the 2013 fiscal year, which begins July 1. Senators traditionally defer to decisions made by the Senate Appropriations Committee and propose only minor changes to budget bills. This year, however, senators made significant revisions to the committee's proposed budget in repudiation of its chairman, state Sen. Kurt Schaefer, R-Columbia.
Senators voted 18-16 to fully restore funding for health care services for the blind. The House had eliminated the $28 million program, although Schaefer partially restored it in committee. The Senate also dropped a plan approved by the Appropriations Committee to eliminate state child care assistance for nearly 3,900 children and reduce subsidies for another 2,300 kids.
Negotiators from the Senate and House of Representatives must now work out final versions of the 13 appropriations bills that make up the state operating budget. Lawmakers face a May 11 constitutional deadline for finalizing the budget.
Key areas that won't be up for negotiation are funding for local public schools and the state's public colleges and universities. Both chambers agreed to hold higher education funding flat from the current fiscal year and provide a very slight increase in state aid to local school districts. Since there are no differences on those spending items, they are essentially locked into the final budget.
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Dear Friends,
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At the end of each week, I try to pause and edit this newsletter. It gives me opportunity to reflect on which issues we spent our time on as a General Assembly. Many citizens don't have the time to keep up with their state legislature until something we do or don't do makes the local media.
The circulation of this newsletter has grown to a statewide reach and while a majority of our readers live in Kansas City, we try to include issues that impact the entire state. Much of the work we do as a branch of government deals with minor alteration of statutes, take a look at the rules corner to see the number of changes proposed. But we also debate legislation that fundamentally changes our way of life.
Yesterday I stood on the floor and spoke against HB1526 which would effectively remove consideration for teacher tenure in budget initiated reduction of force. The unintended consequences of this legislation would be an increase in litigation against school boards across the state. The measure was narrowly passed 83-76.
There are almost 70,000 teachers in Missouri and this legislation could potentially impact every educator. As the bill heads to the Senate, it is my hope this publication will inform those affected and get them engaged in the discussion.
Two more weeks to go and the 96th General Assembly will come to a close.
It is truly an honor to represent you in the Missouri General Assembly. Thank you for reading.
Jason Holsman
State Representative
District 45
(573) 751-6607
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Turner Fix:
JUDGE RULES STUDENT TRANSFER LAW UNCONSTITUTIONAL
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By: Marc Powers, Communications Director for the Democratic Caucus
 | | Saint Louis County Circuit Court |
St. Louis County Circuit Judge David Lee Vincent III on May 1 ruled that a disputed state law that allows students of unaccredited public school districts to transfer to a nearby accredited district of their choice is an unconstitutional unfunded mandate. The case is expected to be appealed to the Missouri Supreme Court, which has already reversed Vincent once in the case.
The case began in 2007 when the St. Louis Public School District lost its state accreditation and some city residents sought to enroll their children in the Clayton School District with tuition paid for by the St. Louis district, as the law allows. In 2008, Vincent ruled the Clayton district could refuse to accept such transfer students, but the Supreme Court overturned that decision in 2010 and said "receiving" districts have no discretion to turn students away under the law. The high court remanded the case to Vincent for a trial.
Because the law requires the unaccredited "home" district to pay tuition to the "receiving" district but doesn't provide additional state funding for that purpose, Vincent said it violates the provision of the Missouri Constitution's Hancock Amendment that prohibits the state from imposing unfunded mandates on local governments. In another case challenging the same law, King-Willmann v. Webster Groves School District, the Supreme Court ruled on March 6 that school districts have no legal standing to raise unfunded mandate claims under the Hancock Amendment and that only taxpayers may do so. In the latest case, however, the Clayton and St. Louis districts recruited taxpayers to intervene in the case and raise the unfunded mandate claim on their behalf.
Vincent also ruled that because the law potentially could allow many thousands of students to transfer from unaccredited districts without regard to the space limitations at receiving districts or the costs to home districts, "compliance is impossible." In addition to the St. Louis city district, there are two other unaccredited school districts in Missouri - Kansas City and Riverview Gardens in St. Louis County. The case originally was Turner v. Clayton School District but was renamed Breitenfeld v. Clayton School District after the withdrawal of the original lead plaintiff.
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Letter from the Missouri Bar to Protect
The Non-Partisan Court Plan
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An unprecedented threat to the way we select appellate judges in Missouri, one that is funded by hundreds of thousands of dollars of out-of-state money, is moving through the legislature and headed for the ballot this November.
The Missouri Senate passed a measure that, if adopted by a vote of the people, would drastically change the Non-Partisan Court Plan as we know it. The measure is Senate Committee Substitute for Senate Joint Resolution 51.
The Missouri Bar is committed to keeping big money partisan politics out of Missouri's judicial branch of government. That is why the Board of Governors in a special meeting last week adopted a motion continuing their endorsement of the Non-Partisan Court Plan and opposing SCS SJR51.
SCS SJR51 would grant all future governors full control over the commission that selects the candidates for appellate judge who are submitted to the governor. This would have the effect of eliminating Missouri's merit-based judicial selection process. SCS SJR51 would take Missouri's plan that chooses judges in the least political way and shift the majority of the commission to political appointees who are appointed by one person - a governor.
The proposal's changes include:
- Handing all future governors control of four out of seven commissioners in a single term. Within just two years of a governor's first term, his or her political appointees will be at the helm of the commission responsible for selecting the candidates that governor will consider for judicial vacancies.
- Removing a Supreme Court Judge from serving on the appellate judicial commission. While a retired judge could serve, the judge would no longer have a vote. Silencing a judge's voice removes the person with the most experience and ability to evaluate a candidate's skills, knowledge and suitability for the bench.
- Diluting the quality of the selection process by allowing the commission to select four, rather than three, candidates to submit to the governor.
These changes would make our Non-Partisan Court Plan a Partisan Court Plan that is ultimately controlled by one person which significantly increases the opportunity and likelihood that justice in Missouri can be bought.
The Missouri Non-Partisan Court Plan is used to select our appellate judges and circuit court trial judges in the City of St. Louis and the Counties of Clay, Greene, Jackson, Platte and St. Louis.
To learn more about the plan, visit www.mobar.org/nonpartisancourtplan
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Progressive Legislators Speaks Out Against HB2051
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Progressives and LGBT activist groups collectively decried a new bill introduced into the house as simply legislative bullying. HB 2051, a one-sentence bill sponsored by Rep. Steven Cookson (R-Fairdealing), would make it illegal for teachers to discuss sexual-orientation except when discussing reproduction. Gay rights groups denounced the bill as incentivising LGBT-targeted bullying, since teachers would be unable to curtail and deal with the bullying out of fear they would be fired for discussing LGBT issues, as well as dissolving any extracurricular school clubs that deal with sexual orientation, such as gay-straight alliances.
PROMO and Progress Missouri, two of Missouri's progressive activist groups, launched oktosaygay.org, a website that encourages people to speak out against the bill. Rep. Holsman and other progressive legislators created clips in the capitol building on April 25 in conjunction with the groups, voicing their opposition. In his video, Rep. Holsman condemns the bill as taking steps backwards from the progress made in LGBT rights, especially considering the national attention towards stopping LGBT harassment, and states that all students should feel safe in their schools.
 | | Rep. Jason Holsman on HB2051 |
Fortunately for Missouri, Rep. Scott Dieckhaus (R-Washington), chairman of the Elementary and Secondary Education Committee, stated that the bill will not get a hearing, and therefore this specific piece of legislation will not pass this session. The provisions may still be amended onto another education bill in the future.
 | | Bipartisan coalition calls for leaders to withdraw HB2051 |
Towards the end of the week a bipartisan group of legislators called a press conference to denounce the efforts behind HB 2051. During the conference, fellow House colleague Zach Wyatt showed tremendous courage as he became one of only four openly gay legislators in the Missouri General Assembly. In his address Wyatt remarked:
"Being gay has never been a Republican or a Democrat issue, and it should never be. With national tension on the Missouri House of Representatives in regards to House Bill 2051 I am compelled to speak out against colleagues and especially the special interest groups who have pushed this bill forward. Students need to feel safe when they go to school, and be able to speak with teachers, counselors, and administrators when they are getting bullied, this bill will make that illegal. Students need not be challenged by yet another law handed down from government officials in Jefferson City..."
HB 2051 can be read here.
Learn more about PROMO here.
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Urban Agriculture Act Passes the Missouri House
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On the floor of the Missouri House, Rep. Holsman was successful in amending the agriculture omnibus bill (HB1254) to include the Missouri Urban Agriculture Act. HB 1254 will now head to Senate for approval.
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Rep. Holsman and Environment Missouri's Ted Mathys present HB 1660 to the Agriculture Policy Committee
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Upon approval of local municipalities HB 1660 allows for the establishment of Urban Agriculture Zones. This legislation is the result of information and research presented to the Joint Committee on Urban Agriculture
through hearings held all across the state. The committee took testimony and advice from 47 different organizations, community associations, and private citizens to best determine how the state of Missouri can grow this emerging industry. Incentives attached to the creation of Urban Agriculture Zones will foster entrepreneurship and job creation, while providing outlets to stregthen local food systems.
HB 1660 was passed out of the Agriculture Policy committee on April 5th, by a vote of 11-0.
The Agriculture Policy Commmittee had the following to say about the Missouri Urban Agriculture Act:
"You know Representative I think that you are really on to something here....I think it's about time, and I applaud you."
-Representative Billy Pat Wright
"I am Truly Impressed."
-Representative Ed Schieffer
"I think that you have something here that is awesome for the urban areas of our State"
-Representative Paul Fitzwater
"I really appreciate your intent on this bill...we are literally running out of room to grow"
-Representative Bill Reiboldt
HB 1660 can be read here.
HB 1254 can be read here.
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HB1925 - Tuition Lock - Receives Hearing in Higher Education Committee
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HB1925, sponsored by Rep. Jason Holsman, would prohibit a public institution of higher learning from charging full-time Missouri residents a tuition rate higher than what they were charged in their first year of enrollment. The tuition rate will re-lock to the new rate if the student drops out of full-time status.
 | | Rep. Holsman testifies before the Higher Education committee. |
This legislation will lock tuition rates for students as long as they remain at full time status, allowing families to better project financial budgets for college enrollment and to motivate students to stay in school until they complete their degrees.
The bill will also create more incentive for Missouri students to attend college in-state, create more healthy competition among the public universities, and reduce drop-out rates and increase enrollment. The legislation was well received by members of the Higher Education Committee. There was no opposition to the bill. Find HB 1925 Tuition Lock Legislation Here. |
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Renewable Energy Committee Hears Energy Efficiency and Night Sky Protection Act Legislation
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The Special Standing Committee on Renewable Energy held a public hearing on May 1st and heard HB1850 sponsored by Rep. Zachary Wyatt (R-Kirksville), and HB1924, sponsored by Rep. Jason Holsman (D-Kansas City).
HB1850, the Missouri Energy Efficiency Standard, would establish the Missouri Energy Efficiency Performance Standard. This standard would mandate that electric utilities, municipal utilities, rural electric cooperatives, and gas corporations to achieve specified savings requirements as established by the Missouri Public Service Commission.
Proponents of this legislation include the Missouri Sierra Club, Renew Missouri, and the Missouri Coalition for the Environment. Supporters referenced studies from American
 Council for an Energy-Efficient Economy (ACEEE), which rates Missouri 44th out of 50 states in its use of energy efficient practices. In 2009 Missouri adopted similar policies in Senate Bill 376 known as the Missouri Energy Efficiency Investment Act (MEEIA), but since passage has hit regulatory barriers in its implementation. Supporters indicated that delays in implementation of energy efficiency practices amount to rate increases on rate paying customers, and thus an additional mandate on utilities is necessary.
Conversely, representatives from Missouri's utility companies presented information to Renewable Energy Committee members touting the gains that have been made in efficiency measures in the state over the last several years. Self-imposed efficiency programs by utilities have worked well and gone towards savings for rate payers, and thus additional mandates and penalty provisions are not required.  Testifying in opposition of HB 1850 was the Missouri Energy Development Association (MEDA), Associated Industries of Missouri (AIM), and Laclede Gas. Testifying for informational purposes was the Consumers Council of Missouri. HB 1850 can be read here.
 HB1924, the Night Sky Protection Act, would reduce the amount of light emitted into the night sky to near-natural levels for specific protected areas. These areas include certain parks and historic sites that allow camping, wilderness areas, riverways, and designated military areas. The Air Conservation Committee would develop voluntary guidelines to be achieved by 2025.
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nts of this legislation indicated that, in addition to  | |
Rep. Holsman presents HB 1924
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preserving the beauty of our night sky, such measures to reduce lighting levels could lead to electricity savings. Many types of lighting, particularly in public areas are not very efficient. Lighting fixtures in some public areas could be retrofitted in a way that only allows the light to shine directly downward. Discussion was also given on a similar piece of legislation before the Arizona General Assembly, where measures have been taken to preserve the integrity of the night sky in order to protect their astronomy industry. The chief advocate for these measures is Scenic Missouri HB 1924 can be read here. Learn more about Scenic Missouri here.
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Fujifilm Holds Solar Energy Dedication Ceremony With Conergy, Brightergy And Elected Officials |
North Kansas City, Missouri, April 25, 2012 -- A Solar Energy Dedication Ceremony was held at Fujifilm's North Kansas City manufacturing facility on April 20, to coincide with Earth Day on April 22. The event was held to commemorate one of the first solar energy systems installed by a commercial business in this part of the metro North Kansas City, Missouri area. With 216 modules, this solar installation will provide about 60,000 kWh annually, which is equivalent to taking 600 cars off the road for a year. Local elected officials and Fujifilm executives attended.
Pictured (l-r): Simone Baeurer, Conergy; Claus Wawrzinek, Sierra Club; Susan Brown, Brightergy; Sam Ota, Division President, FUJIFILM North America Corporation, Graphic Systems Division; Mitch Bode, Vice President Wide Format Inkjet & Specialty Ink Systems, FUJIFILM North America Corporation, Graphic Systems Division; Missouri State Representative Jason Holsman, District 45; Missouri State Representative Jay Swearingen, District 31; Kathy Dusenbery, First District Commissioner of Platt County; and Brent Kahler, Missouri Chamber of Commerce.
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This newsletter is a regular publication to keep you informed. I welcome all questions or comments about the content. The information presented is accurate to the best of my knowledge at the time of the mailing. Chances are you've received this newsletter because at some point in the past year you have either given me your business card, sent me an email during the campaign or emailed my Capitol office. No state resources were used in the production or dissemination of this newsletter. If you wish to discontinue, please click the unsubscribe link. All images protected under the fair-use clause for public comment.
Thank you for reading.
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Direct questions to
P.O. Box 480572
Kansas City, Missouri 64046
(816) 942-2767
THANK YOU!
Sincerely,
- Jason Paid for by Holsman for Missouri; Treasurer Judith Giannini
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