Tag Archives: General Assembly

HCR 30: impeccable logic

07 Thursday Feb 2019

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Get that marriage license while you still can, someone’s on a tear. A resolution for a special session introduced on Monday by Representative Jeff Pogue (r):

HCR 30
Calls for a special session for the purpose of eliminating the state’s involvement in the institution of marriage
Sponsor: Pogue, Jeff (143)
Proposed Effective Date: 8/28/2019
LR Number: 1048H.01I
Last Action: 02/05/2019 – Read Second Time (H)
Bill String: HCR 30
Next House Hearing: Hearing not scheduled
Calendar: Bill currently not on a House calendar

The resolution:

FIRST REGULAR SESSION
House Concurrent Resolution No. 30 [pdf]
100TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE POGUE.
1048H.01I DANA RADEMAN MILLER, Chief Clerk

WHEREAS, state government should not be involved in the institution of marriage or in the issuance of marriage licenses; and

WHEREAS, our statutes are entrenched with matters relating to marriage including, but not limited to, laws relating to tax, property, family, probate, business, and county government; and

WHEREAS, a special session is needed in order to properly vet such matters and reform our statutes to remove the state’s involvement in marriage; and

WHEREAS, under Article III, Section 20(b) of the Constitution of Missouri, the General Assembly may call a special session upon the filing of a petition with the Secretary of State stating the purpose for which the session is to be called and signed by three-fourths of the members of the Senate and three-fourths of the members of the House of Representatives; and

WHEREAS, the General Assembly should have prior notice of such special session in order to conduct research and draft legislation; and

WHEREAS, the General Assembly should agree to reconvene in a special session in 20 September 2019, concurrent with the veto session, in order to explore this issue:

NOW THEREFORE BE IT RESOLVED that the members of the House of Representatives of the One Hundredth General Assembly, First Regular Session, the Senate concurring therein, hereby agree to file a joint proclamation calling for a special session of the General Assembly in September 2019 for the purpose of discussing the state’s involvement in the institution of marriage; and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for each member of the General Assembly.

So, would those of us who are currently married be grandfathered in? How would that work? Just asking.

HB 837: Asserting equal opportunity to resurface their playgrounds?

06 Wednesday Feb 2019

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Representative Hannah Kelly (r) [2019 file photo].

A bill, introduced yesterday by Representative Hannah Kelly (r):

HB 837
Prohibits public institutions of higher learning from discriminating against a religious student association or denying a religious student association any benefit available to any other student association
Sponsor: Kelly, Hannah (141)
Proposed Effective Date: 8/28/2019
LR Number: 1782H.01I
Last Action: 02/06/2019 – Read Second Time (H)
Bill String: HB 837
Next House Hearing: Hearing not scheduled
Calendar: HOUSE BILLS FOR SECOND READING

The bill summary [pdf]:

HB 837 — RELIGIOUS STUDENT ASSOCIATIONS

SPONSOR: Kelly (141)

This bill prohibits public institutions of higher learning from taking any action or enforcing any policy that denies a religious student association benefits available to other student associations. The bill also prohibits discrimination against a religious student association based on its requirement that leaders of the association adhere to its sincerely held religious beliefs, religious practice requirements, or religious standards of conduct.

The bill also authorizes aggrieved religious student associations to seek appropriate relief in a judicial or administrative proceeding against a public institution of higher learning that violates the requirements of the bill.

This bill is similar to HB 2074 (2018) and HCS HB 642 (2017).

If Pastafarians want to hold a spaghetti dinner on campus on Talk Like a Pirate Day would that qualify? Would this exempt them from having to provide a separate sauce for vegetarians? Just asking.

Previously:

HB 696: Now you’ve gone and done it. You’ve really upset the Pastafarians. (January 23, 2017)

HA 3, HB 445: it’s all in the (amended) details

05 Tuesday Feb 2019

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Legislative mischief, because the republican super majority can.

In the (amended) bill summary, in the latest version approved by the House [pdf]:

…Several new exemptions to the open records law commonly known as the Sunshine law are created including personal information and social security numbers, records of constituent files, and communications involving advice, opinions, and recommendations concerning the deliberative decision-making of any public governmental body…

[emphasis added]

Say what?

In House Amendment 3, introduced by Representative Nick Schroer (r) and passed by the House:

610.021. Except to the extent disclosure is otherwise required by law, a public governmental body is authorized to close meetings, records and votes, to the extent they relate to the following: [….]

(27) Any document or record, including electronic communications, received or prepared by or on behalf of a member of a public governmental body consisting of advice, opinions and recommendations in connection with the deliberative decision-making process of said body. [….]

[emphasis added]

That pretty much covers everything and anything.

(27) Effectively eviscerates the Missouri Sunshine Law, and is an attempt to let the Missouri General Assembly off the hook for the transparency required by CLEAN Missouri – Amendment 1 – which was overwhelmingly approved by voters in November.

Representative Greg Razer (D) on the bill, via social media:

Greg Razer is at Missouri House of Representatives.
Yesterday at 5:52 PM · Jefferson City, MO ·

House Republicans just voted to gut the Sunshine Laws as it relates to the General Assembly. The underlined sections in the amendment below is a change to the law. Section (25) is perfectly fine. Section (26) is not great, but one could argue for it.

However, in particular take a look at (27). Read this closely. ANY document, including emails, that contain a legislator’s opinion would be allowed to be hidden from the Sunshine Law. Folks, virtually every email I send contains my opinion in some form. This section, (27), therefore guts Sunshine as far as the General Assembly is concerned.

(Lastly, you can see the vote below. In this instance, a green vote is AGAINST (27), while a red vote is supportive of (27).)

No transparency. Because they can.

HB 775: if you’ve ever wondered what you would have done in the 1930s, you’re doing it now

02 Saturday Feb 2019

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A bill, introduced on Thursday by Representative Jeff Pogue (r):

HB 775
Forbids the placement of refugees without the approval of the Missouri General Assembly
Sponsor: Pogue, Jeff (143)
Proposed Effective Date: 8/28/2019
LR Number: 1101H.01I
Last Action: 01/31/2019 – Introduced and Read First Time (H)
Bill String: HB 775
Next House Hearing: Hearing not scheduled
Calendar: HOUSE BILLS FOR SECOND READING

The complete bill text:

FIRST REGULAR SESSION
HOUSE BILL NO. 775 [pdf]
100TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE POGUE. 1101H.01I DANA RADEMAN MILLER, Chief Clerk

AN ACT

To amend chapter 21, RSMo, by adding thereto one new section relating to the general assembly.

Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 21, RSMo, is amended by adding thereto one new section, to be known as section 21.008, to read as follows:

21.008. In order to maintain security and conserve peace in this state, the Missouri general assembly shall approve any refugees that are to be relocated within this state.

[emphasi in original]

That says it all.

History has taught us nothing.

Previously:

HB 203: Suffer little children… (December 14, 2016)

HB 786: tenther drivel…again

01 Friday Feb 2019

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There is the small matter of the supremacy clause in the United States Constitution, in case no one in the Missouri General Assembly has bothered to read it:

Article VI
….This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding….

And, uh, the United States Supreme Court gets to decide what is constitutional, not the Missouri General Assembly:

Marbury v. Madison, 5 U.S. 137 (1803)

….It is emphatically the duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret the rule. If two laws conflict with each other, the Court must decide on the operation of each.

If courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply….

In the Missouri General Assembly, three years ago:

HB 2196: blah, blah, guns, tenther drivel, blah, recycle, blah, stir…

The sponsor in 2016 was Representative Jeff Pogue (r).

Five years ago:

HB 1556: because we can never have too many tenther gun bills in the Missouri House

Six years ago:

HB 162: Tenthers and guns, what could go wrong?

Nine years ago:

HJR 88: a veritable thesaurus of tenther drivel

A bill introduced yesterday by Representative Jeff Pogue (r):

HB 786
Establishes the “Second Amendment Preservation Act”
Sponsor: Pogue, Jeff (143)
Proposed Effective Date: 8/28/2019
LR Number: 1046H.01I
Last Action: 01/31/2019 – Introduced and Read First Time (H)
Bill String: HB 786
Next House Hearing: Hearing not scheduled
Calendar: HOUSE BILLS FOR SECOND READING

Some of the (familiar) bill language [pdf]:

…(3) The limitation of the federal government’s power is affirmed under the Tenth Amendment to the United States Constitution, which defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the United States Constitution is reserved to the states respectively or to the people themselves;

(4) If the federal government assumes powers that the people did not grant it in the United States Constitution, its acts are unauthoritative, void, and of no force…

Blah, blah, blah, tenther drivel, gun stuff, blah, blah, blah, stir…

Willful ignorance of two centuries of American history gets us to where we are today.

HB 711: Worth a shot, eh?

29 Tuesday Jan 2019

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In the State of Washington:

Inslee declares local public health emergency after identifying outbreak of measles
January 25, 2019

Gov. Jay Inslee declared a state of emergency today in all counties in response to more than two dozen confirmed cases of measles in our state.

“Measles is a highly contagious infectious disease that can be fatal in small children,” Inslee stated in his proclamation. “The existence of 26 confirmed cases in the state of Washington creates an extreme public health risk that may quickly spread to other counties.”

The proclamation directs state agencies and departments to utilize state resources and do everything reasonably possible to assist affected areas. A proclamation is also necessary to utilize the Emergency Management Assistance Compact to request additional medical resources from other states.

The Washington State Department of Health has instituted an infectious disease Incident Management Structure to manage the public health aspects of the incident to include investigations, laboratory testing and other efforts to protect communities. Meanwhile, the Washington Military Department is coordinating resources to support DOH and local officials in alleviating the impacts to people, property and infrastructure.

[….]

Washington State Officials Declare State Of Emergency As Measles Outbreak Continues
January 28, 20199:36 PM ET

Health officials in Washington have declared a state of emergency and are urging immunization as they scramble to contain a measles outbreak in two counties, while the number of cases of the potentially deadly virus continues to climb in a region with lower-than-normal vaccination rates.

[….]

Measles was declared completely eliminated within the U.S. in 2000 because the country’s widespread vaccination program. However, state laws allowing parents to opt out of mandatory vaccinations quickly began eroding those statistics, leading to outbreaks across the nation.

[….]

Meanwhile, in the Missouri General Assembly Representative Lynn Morris (r) introduced HB 711:

HB 711
Prohibits discrimination against children who are not immunized
Sponsor: Morris, Lynn (140)
Proposed Effective Date: 8/28/2019
LR Number: 1670H.01I
Last Action: 01/29/2019 – Read Second Time (H)
[….]

Bad timing.

The bill [pdf] includes:

191.260. No child shall be discriminated against by any health care provider because he or she has not been immunized as required due to a proper exemption.

Currently, under RSMo 210.003

[….]
2. A child who has not completed all immunizations appropriate for his or her age may enroll, if:
  (1) Satisfactory evidence is produced that such child has begun the process of immunization. The child may continue to attend as long as the immunization process is being accomplished according to the ACIP/Missouri department of health and senior services recommended schedule;
  (2) The parent or guardian has signed and placed on file with the day care administrator a statement of exemption which may be either of the following:
  (a) A medical exemption, by which a child shall be exempted from the requirements of this section upon certification by a licensed physician that such immunization would seriously endanger the child’s health or life; or
  (b) A parent or guardian exemption, by which a child shall be exempted from the requirements of this section if one parent or guardian files a written objection to immunization with the day care administrator [….]

And:

[….] 6. Nothing in this section shall preclude any political subdivision from adopting more stringent rules regarding the immunization of preschool children. [….]

“…A parent or guardian exemption, by which a child shall be exempted from the requirements of this section if one parent or guardian files a written objection to immunization with the day care administrator…”

The current statute contains a clause that appears to effectively be a personal belief exemption, one other than for religious or medical reasons. Can you see where this bill could be going? It looks like under HB 711 a medical provider won’t be able to drop a patient from their practice because of a parent’s anti-vaxxer beliefs.

That’s working out so well right now in the State of Washington.

HB 680: yet another forced birth bill

27 Sunday Jan 2019

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A grand legislative strategy – keep throwing stuff against the wall to see if something sticks.

Representative Mary Elizabeth Coleman (r) [2019 file photo].

Last week Representative Mary Elizabeth Coleman (r) introduced yet another anti choice bill:

HB 680
Establishes the “Pain Capable Unborn Child Protection Act”
Sponsor: Coleman, Mary Elizabeth (097)
Proposed Effective Date: 8/28/2019
LR Number: 1651H.01I
Last Action: 01/24/2019 – Introduced and Read First Time (H)
Bill String: HB 680
Next House Hearing: Hearing not scheduled
Calendar: HOUSE BILLS FOR SECOND READING

The bill summary:

HB 680 — PAIN CAPABLE UNBORN CHILD ACT [pdf]
SPONSOR: Coleman (97)

This bill establishes the “Pain Capable Unborn Child Protection Act,” which specifies that no abortion may be performed or induced, or attempted to be performed or induced if the probable gestational age of the fetus has been determined by a physician to have reached the pain capable gestational age, unless it is necessary to avert the patient’s death or serious risk of substantial and irreversible physical impairment of a major bodily function. The physician must terminate such pregnancy in a manner which provides the best opportunity for the fetus to survive unless doing so would pose a greater risk of death or substantial and irreversible physical impairment of a major bodily function to the patient.

Any physician who performs or induces an abortion shall report certain information, as specified in the bill, to the Department of Health and Senior Services. Beginning June 30, 2019, the department must issue a statistical report of reported information during the previous calendar year.

Any physician or other licensed medical practitioner who intentionally or recklessly performs or induces an abortion in violation of this bill is subject to discipline from the appropriate licensure board.

This bill is the same as HB 339 and HB 1266 (2018).

“…This bill is the same as HB 339 and HB 1266 (2018).”

Ah, the right wingnut caucus is passing out leftovers for the freshmen.

Rep. Kip Kendrick (D): about that state budget

26 Saturday Jan 2019

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Revenue isn’t trickling down.

Rep. Kip Kendrick (D) [2019 file photo].

The Missouri Budget: Concern or Crisis?

It’s complicated, but every Missourian should know and care about our state budget. It impacts our daily lives and it determines our economic future. Simply put, the budget is a reflection of our shared priorities. Right now, however, our budget is also a reflection of confusion and uncertainty, as we are experiencing an alarming decrease in revenue collections. Here is what we know about our current dilemma and, more importantly, what we do not.

Missouri’s fiscal year begins on July 1 and ends on June 30. As of January 17––halfway through FY19––revenue collection for the state is down 8.76% compared to this time last year. As one of many measures of our state’s fiscal health, such a significant decrease in revenue indicates something is not right. A closer look at the data shows that the biggest contributor to this problem is a 26% decrease in the amount of personal income taxes being paid to date, as compared to last year.

[….]

Directly stated, the growing body of evidence suggests Missouri cannot afford any more tax cuts—and that we likely cannot afford those already in effect. Unequivocally, it was fiscally irresponsible to layer multiple tax cuts without ever truly and fully realizing the impact of any one of the bills alone. Still, it is amazing how many legislators continue to talk about the need for additional tax cuts. I will continue to demand that my colleagues pump the brakes on any additional cuts, but sadly, brakes may not be enough if policies already set in motion have us heading straight for a fiscal cliff.

Go. Read the whole thing.

Previously:

SB 509: the moment when all hope for the future of Missouri died (May 6, 2014)

HJR 28: forced birth

23 Wednesday Jan 2019

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Nothing, not a word, about the death penalty or war.

Representative Mike Moon (2019 file photo).

Filed today by Representative Mike Moon (r):

FIRST REGULAR SESSION
HOUSE JOINT RESOLUTION NO. 28 [pdf]
100TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE MOON. 0654H.02I DANA RADEMAN MILLER, Chief Clerk

JOINT RESOLUTION

Submitting to the qualified voters of Missouri an amendment repealing Section 2 of Article I of the Constitution of Missouri, and adopting one new section in lieu thereof relating to affirming life.

Be it resolved by the House of Representatives, the Senate concurring therein:

That at the next general election to be held in the state of Missouri, on Tuesday next following the first Monday in November, 2020, or at a special election to be called by the governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following amendment to Article I of the Constitution of the state of Missouri:

Section A. Section 2, Article I, Constitution of Missouri, is repealed and one new section adopted in lieu thereof, to be known as Section 2, to read as follows:
Section 2. That all constitutional government is intended to promote the general welfare of the people; that all persons have a natural right to life, liberty, the pursuit of happiness and the enjoyment of the gains of their own industry; that all persons are created equal and are entitled to equal rights and opportunity under the law; that to give security to these things is the principal office of government, and that when government does not confer this security, it fails in its chief design.
(1) That the term “person” under this constitution includes every human being, including every in utero human child at every stage of biological development from the moment of conception until birth.
(2) Nothing in this constitution secures or protects a right to abortion or requires the funding of an abortion.

Section B. Under section 116.155 and other applicable constitutional provisions and laws of this state authorizing the general assembly to adopt ballot language for the submission of a joint resolution to the voters of this state, the official ballot title of the amendment proposed in section A shall be as follows:
“Should the Missouri Constitution be amended to protect pregnant women and children in the womb by recognizing that a child in the womb of a woman is a person with a right to life which cannot be deprived by state or private action without due process and equal protection of law?”.
Section C. Under section 116.155 and other applicable constitutional provisions and laws of this state authorizing the general assembly to adopt a fiscal note summary for the submission of a joint resolution to the voters of this state, the official fiscal note summary of the amendment proposed by section A shall be as follows:
“This change is expected to have no fiscal impact.”

Yep, it’s only about forced birth.

HB 577: for God’s sake…

15 Tuesday Jan 2019

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Ladies and Gentlemen, our Missouri General Assembly:

“Useless laws weaken the necessary laws.” – Charles-Louis de Secondat, baron de La Brède et de Montesquieu (1689 – 1755)

Dean Dohrman (r) [2017 file photo].

A bill introduced today by Representative Dean Dohrman (r):

HB 577
Requires school districts to display “In God We Trust” in prominent locations in all schools
Sponsor: Dohrman, Dean (051)
Proposed Effective Date: 8/28/2019
LR Number: 0953H.01I
Last Action: 01/15/2019 – Introduced and Read First Time (H)
Bill String: HB 577
Next House Hearing: Hearing not scheduled
Calendar: Bill currently not on a House calendar
[….]

You think painted in three foot high letters at the center jump circle on the school basketball courts will be enough?

…All others pay cash.