MOScout Daily Update: Reps Can Destroy Records?!? - Survey of Senate Pre-Files - Watson to St. Chuck Spot and more...

Reps Can Destroy Records?!?

KC Star ran an article on the legislative freak-out occurring with the impending CLEAN Missouri implementation.  It takes effect Friday.  See the article here.

It has a crazy quote from the new House Clerk Dana Rademan Miller“After Dec. 6 if (lawmakers) choose to delete emails, that’s not anything I think we can prohibit them from doing,” Miller said. “No different than if you have a document and you’re finished reading it and you throw it in the trash can.”

Yikers!  Hopefully someone can shake some sense into the House.

First, don’t break the law.

109.270.  Records are property of state or local government — not to be damaged or disposed of. — All records made or received by or under the authority of or coming into the custody, control or possession of state or local officials in the course of their public duties are the property of the state or local government and shall not be mutilated, destroyed, transferred, removed or otherwise damaged or disposed of, in whole or in part, except as provided by law.

Second, really just repeating the first point, don’t start deleting records because you’re scared someone might sunshine them.  Did no one pay attention to the whole Confide brew-ha-ha?

Third, once more with feeling, just do the right thing.  Are you going to be a politician who “doesn’t use email” because you’re so afraid of sunshine?  Or are you going to be a human being who sometimes has to apologize and admit “I probably shouldn’t have written that.”


Closer Look at Senate Pre-Files

Here’s a quick look at the Senate pre-files so far.  I’m just summarizing the summaries so click on the link for more details.

Changing the IP Process

I’ve written before that there’s been talk among Republicans about tightening up the initiative petition process.  This past year saw right to work reversed by referendum, as well as the minimum wage increase, medical marijuana, and the CLEAN Missouri reforms (see above) pass by IP.

·         David Sater’s SB5 makes changes to the process. But so does his SJR1 which would increase the number of signatures as well as the vote margin required for a constitutional amendment to pass.

·         Mike Cierpiot’s SJR7 requires signatures collected in every Congressional district

·         Eric Burlison’s SJR 11 does too, as well as the higher margin for passage.           


Tort Reform

Every session the Republican majority takes another whack at tort reform.  Sen. Ed Emery’s would appear to be the main vehicle if I were to guess.

·         Emery’s SB7 makes changes regarding joinder and venue.

·         Burlison’s SB62 would reduce awards in some unlawful merchandising practices claims.

·         Dan Hegeman’s SB96 reduces the statute of limitations for personal injury claims from five years to two years.

·         Jeanie Riddle’s SB100 likewise puts a 15 years limit after the sale or lease of the product to bring a suit for damages.

·         Bill White’s SB65 deals with punitive damages and SB67 deals with medical malpractice


Education Reform

Looks like the usual education reform issues will be back before the Senate.

·         Andrew Koenig’s SB47 establishes educational savings accounts.

·         Bill Eigel’s SB51 has charter school expansion.


Gun Safety

Sen. Jill Schupp, who last year spoke passionately and repeatedly about the gun tragedies occurring across the country, has a trio of gun safety bills.

·         SB40 creates criminal negligence on the adult if a child is able to gain access to a readily dischargeable firearm.

·         SB41 forces someone convicted of domestic violence to surrender their firearms to law enforcement authorities.

·         SB42 establishes an "extreme risk order of protection" which shall be granted when a person is found to pose an extreme risk to themselves or others by possessing, controlling, or owning a firearm.

·         Scott Sifton’s SB94 would also deny firearms to those convicted of domestic violence, as well as illegal immigrants.



While there’s talk of Medicaid expansion, the consensus is that initiative petition is the only possible route for its passage in Missouri.  Nevertheless, Democrats continue to pre-file the measure.

·         Sifton’s SB27 and Schupp’s SB104 would increase coverage to those earning up to 133% of the poverty level.

·         Sater’s SB77 meanwhile requires the Department of Social Services to apply for a global waiver for MO HealthNet.



There are three anti-abortion laws filed so far in the Senate.

·         Denny HoskinsSB106 requires the consenting guardian in the case of a minor to notify the other guardian in writing before an abortion.

·         Koenig has a pair of bills. SB110 requires the physician to inform the woman having an abortion that she may have the remains cremated, and may receive a “death certificate.”  SB139 would ban abortions if there’s a heartbeat.


New Gambling

Hoskins has pre-filed what I expect will be important bills to regulate new gambling in Missouri and bring in new revenue.

·         SB43 allows the State Lottery Commission to implement a system of video lottery game terminals.

·         SB44 regulates sports wagering. “This act imposes a 12% tax on the adjusted gross receipts received from wagers on sporting events, and such tax shall be remitted and distributed as provided in current law.”


Tax Reform

Andrew Koenig and Bill Eigel continue to be the two champions for tax reform packages.  They have bills which

Koenig’s SB46 and Eigel’s SB50  would institute the streamline sales tax to make internet retailers charges a sales tax, but use the proceeds to cut the state income tax rate, in theory keeping the tax burden on Missourians unchanged.  But also denying folks a revenue stream for a wishlist.

Eigel’s SB52 reduces income tax but ups sales tax .

Meanwhile Koenig’s SB149 puts a cap of 7.275% on the combined rate of local sales taxes.

And Eigel’s SJR12 would require a tax increase on the ballot to achieve 50% voter turnout to be valid.


Law and Order

·         Burlison’s SB64 makes changes to what constitutes a “sanctuary policy,” for example, requiring ICE to obtain a warrant or demonstrate probable cause before taking any alien into custody.

·         Sifton’s SB93 would increase the penalty for heroin distribution.


Freedom Agenda

Sen. Eric Burlison has pre-filed a pair of freedom bills…

·         SB120 let’s those over 18 ride motorcycles without a helmet if they have medical insurance coverage of $1 million.

·         SB 121 would allow conceal carry in any meeting of the governing body of a unit of local government or the General Assembly, any polling place on any election day, any establishment that serves intoxicating liquors, any portion of a building that has a child care facility, riverboat gambling facilities, any hospital accessible to the public, among other places.


Good Government

·         Lincoln Hough’s SB125 creates the Missouri Municipal Government Expenditure Database to include detailed information about a given municipality's expenditures and the vendors to whom payments were made.

·         Sater’s SB 127 would require DHSS to study the importation of certain prescription drugs by the state and possible cost savings.

·         Sifton’s SB26 aims to tackle dark money by requiring disclosures of 501(c)4s.

·         And Emery’s SB132 is not such great government, as it would pull the curtain back over the sausage-making.  The summary says any record may be closed that contain information regarding proposed legislation or the legislative process.



·         Burlison’s SB63 is right to work bill. Back again.

·         Koenig’s SB109 would bring party affiliation registration to Missouri.

·         Eigel’s SB112 would phase out the earning taxes in St. Louis and Kansas City.

·         Kiki Curls’ SB1 expungement bill extends the practice to more crimes including stealing and forgery.

·         Mike Cunningham’s SB10 makes some changes to the just passed minimum wage increase.

·         Hegeman’s SB28 may be the starting point of a LIHTC compromise vehicle.




Annette Read recently began serving as St Louis County Councilman Ernie Trakas's legislative aide.

Post-Dispatch reports that John Watson, a longtime top aide to former Gov. Jay Nixon, is expected to soon become St. Charles County government's top attorney. County Executive Steve Ehlmann has chosen Watson to become county counselor, succeeding Keith Hazelwood, who is retiring after about two years in the job…”


New IPs

Gerald Petersen filed an intiative petition to expand Medicaid in Missouri. He filed a similar petition last year.  See the MissouriNet article about that here.


New Committees

Jesse Todd formed candidate committee (Friends Of Jesse Todd) to run for St. Louis City Alderman, Ward 18, as a Democrat.


$5K+ Contributions

Majority Forward - $7,500 from HCA Missouri Good Government Fund.

Kansas City Regional Association of Realtors RPAC - $12,809 from Kansas City Regional AOR.

Committee for a Healthy Community - $7,897 from American Heart Association.


Lobbyists Registrations

Lana Ladd Baker added Health Forward Foundation; and deleted Criminal Justice Ministry, Journey To New Life Inc., and Health Care Foundation Of Greater Kansas City.

Jeffrey Brooks, William Gamble, Cynthia Gamble, Kathryn Gamble, David Jackson, Jorgen Schlemeier, Sarah Schlemeier, and Sarah Topp added Fountain Lake Land Holding LLC.

Tony Dugger added Missouri Association of License Offices.

William Kuehling added GCFC LC.

Jewell Patek added Maverick Consulting Group; and deleted The Safety Net of Missouri Inc., Star Development Corp, Aerial Agriculture, Missouri Agribusiness Association, Ygrene Energy Fund, Advance Missouri, Herzog Transit Services, and Cedarhurst Of Blue Springs Real Estate LLC.

Casey Wasser added The Swain Group.

Eddie Trower deleted Charter Communications, and Charter Communications Inc.

Bruce Wylie deleted Missouri Society of Professional Engineers.

Natalie Haag deleted Capitol Federal.



Happy birthdays to Jennifer Florida and Sean Gagen.