MOScout Daily Update: Gas Tax TAFPed - PDMP Finally Passed - New ESA Language - Parson Vows Anti-Perjury Veto and much more...

Gas Tax TAFPed

The House passed the gas tax bill, SB 262. 

·         Speaker Rob Vescovo voted against the measure, but it still passed by a healthy margin 104-52.

·         This was obviously Senate Pro Tem Dave Schatz’ top priority.  It’s a big win for him.

·         Lieutenant Governor Mike Kehoe and House Floor Leader Dean Plocher deserve credit for securing the votes.

As Rudi Keller notes: “The last bill increasing the fuel tax was passed in 1992 and signed by Gov. John Ashcroft, a Republican. It increased the tax by six cents a gallon in three two-cent steps.”

Snarky Texts

The debate got hot, and of course we’re in May… the January/February honeymoon is long over, and folks are itching to get home and maybe getting a little tired of each other.  A sample of the snarky texts I received last night…

·         The gentleman from Crawford hates a gas taxes but, is ok with the tax payer for his electric car being plugged in to the capital to charger it…  Why should you pay for his car?

·         So Dottie Bailey calls people cowards and then runs in the back of the chamber and doesn’t vote.

PDMP TAFPed

Sen. Holly Rehder’s SB 63 passed the House yesterday.  This is the prescription drug monitoring programs which she has been championing for years.  Missouri is reportedly the last state in the nation without a PDMP.  The bill was Truly Agreed and Finally Passed and will head to the governor’s desk.

Lembke on Priorities

On Facebook, Conservative Caucus staffer Jim Lembke lamented the day’s actions… sad day in the state of Missouri. Passed the PDMP and a gas tax increase. You might have thought our state was run by democrats. The truth is that there is not a dime worth of difference between democrats and most republicans in our state.

·         This sentiment was echoed to me by another Republican in a text: It is bizarre that Republican leadership is working so hard to pass a gas tax at the expense of actual Republican positions like tort reform, election integrity, stopping the 1619 Project. All of which other Republican legislative majorities have passed in other states.

ESA Watch

Rep. Phil Christofanelli added an amendment to SB 86 that created a different version of educational scholarship accounts. 

·         One source said that this was “part of the compromise to get votes in the senate. That Christofanelli would lower the cap on another bill.”  The new version cuts the limits for the program from $75 million to $50 million.

·         But another observer wonders if there weren’t constitutional problems with the first version that this one resolves. Constitution:“No duty shall be imposed on the state treasurer by law which is not related to the receipt, investment, custody and disbursement of state funds and funds received from the United States government.”

SB  53 Impasse

At a press conference yesterday Governor Mike Parson firmly stated that if the anti-perjury language stays in SB 53, he’ll veto it. 

I had reported this rumor Monday. But yesterday’s conference committee between House and Senate put the issue under a spotlight.

House members insist the language is important, while Senate members are reluctant to let the bill’s other provisions be sunk by a gubernatorial veto – if it can be avoided.

Read MOIndy’s coverage of the impasse here.

Parson Moves to End Federal UI

Press release:  In order to address workforce shortages across the state, Governor Mike Parson today directed the Missouri Department of Labor and Industrial Relations (DOLIR) to notify the U.S. Department of Labor that Missouri will end participation in all federal pandemic-related unemployment insurance programs effective Saturday, June 12 at 11:59 p.m.

House Minority Leader Crystal Quade: “Contrary to what the governor claims, the free market – not some federal boogeyman – is primarily responsible for Missouri’s tight labor market… That’s how supply and demand works. If companies provide a livable wage, applicants will respond. The notion that Missourians are refusing to work so they can temporarily collect $300 a week is an offensive right-wing myth.”

The data (see it here) shows that the worker shortage is real.  And interestingly, it’s across all sectors – not simply flipping burgers.  One of the sharpest increases in job openings has been in the manufacturing sector.

With an abundance of jobs available, cutting the extra unemployment compensation makes sense.  Still, there are likely many factors driving the shortage, including the record number of new businesses started during the pandemic.  Though folks may be reluctant to leave their nascent enterprises and rejoin traditional employment.

TAFPed

Yesterday’s Truly Agreed and Finally Passed bills…

·         Sen. Holly Rehder’s SB 63 establishing a PDMP.

·         Sen. Bill White’s SB 258 dealing with the Missouri National Guard.

·         Sen. Dave Schatz’ SB 262, the gas tax.

Senate Votes to Add Non-Discrimination Provision

Last night while the Senate was working on HB 661, Sen. Greg Razer offered an amendment to an amendment to prevent any county, city, town or village from receiving public funds if its transit system or public accommodations “discriminate against any person based on sexual orientation or gender identity.”  The amendment passed 21-9. 

However, it was rendered moot when Sen. Mike Moon, who voted against it, withdrew his underlying amendment.

Overly Broad COVID Liability?

One concern of opponents of the COVID liability legislation is that it will shield legitimate cases of wrongdoing and negligence. They point to this story, reported by KSDK, of a doctor using a federal COVID measure to fight a lawsuit.

·         Waking up from spinal surgery, Natalie Avilez remembers her neurosurgeon's startling confession.  Avilez says Dr. Chen came to see her in the recovery room and admitted to operating on the wrong side, and wrong part of her spine.

·         Medical records examined by the I-Team confirm the error. The records describe Avilez’s diagnosis as a right-side disc issue. The procedure performed on Avilez is listed as a left side hemilaminectomy. Dr. Chen writes in the notes, “I thought that we were at the correct side and correct level” and “I discussed with the patient about the mistake."

·         Avilez filed a medical malpractice lawsuit against Dr. Chen and Mercy Clinic East Communities in January 2021.  A few weeks later- he made a surprising claim in legal documents.  Dr. Chen said he couldn't be sued for the wrong site surgery because “Dr. Chen is immune from liability for the alleged acts or omissions pursuant to the Public Readiness and Emergency Preparedness Act (PREP Act)”.   The Public Readiness and Emergency Preparedness act was activated in March 2020.  The emergency measures give legal immunity to health care providers who are working to stop the spread of COVID-19 by using approved countermeasures.

Personal Property Tax

Post-Dispatch reports on Sen. Bill Eigel’s effort to phase out personal property taxes.  Read it here.  The underlying bill was HB 66.

·         The plan by Sen. Bill Eigel, R-Weldon Spring, originally applied statewide and would have had a dramatic effect on local coffers: an estimated $1.45 billion less in annual revenue for local governments, according to a state analysis.

·         Under a revamped version unveiled Tuesday afternoon, Eigel tied the personal property tax reduction to the corresponding growth in revenue generated by increased real property assessments, meaning that as real property taxes increase personal property taxes would decrease by that amount.

·         Sen. Doug Beck, D-south St. Louis County, offered an amendment so Eigel’s phaseout would only apply to St. Charles County, saying it would be a good test before such phaseouts are applied to the rest of the state.

Schmitt Sues STL County

Attorney General Eric Schmitt filed a lawsuit against St. Louis County alleging that its COVID restrictions were violating residents’ constitutional rights.  See the lawsuit here.

In other news, the KC Star reported that “a federal judge on Tuesday threw out Missouri Attorney General Eric Schmitt’s lawsuit against the Biden administration over a provision against using federal COVID aid to pay for state tax cuts.  Henry Autrey, a U.S. District Court judge in St. Louis, wrote that Schmitt’s office had not proven Missouri would be harmed by the federal law.  ‘The alleged harm to Missouri is too speculative, abstract, and remote’ to hear the case, Autrey wrote.”

·         The twin headlines reinforced the hallways eyerolls that Schmitt has a penchant for filing frivolous lawsuits that might get him ten minutes on Fox Business News.

Jones Taps Cross

Mayor Tishuara Jones named Nancy Cross as St. Louis City’s new Director of Operations.  Cross was previously with SEIU and regularly worked the hallways of Jefferson City.  Cross had served on Jones’ transition team.

Doc Brown Passes

Former State Senator Dan “Doc” Brown passed away.  Brown served in both the House and Senate.  His 2010 Senate win over Democratic incumbent Frank Barnitz, flipped that seat for Republicans.  In addition to his public service, Brown was also a veterinarian for many years. See a memorial tweet by Missouri Senate Republicans here.

His son, Justin Brown, is currently a state senator.

Atkins to AGs Office

Jay Atkins announced on Linkedin that he’s now General Counsel in the Attorney General’s Office.  “I am General Counsel for the Missouri Attorney General’s Office where I help lead, mentor and support our talented team of 200 attorneys as they represent the interests of the people of the great state of Missouri!”

Lobbyists Registrations

Jeffrey Brook added Missouri Fraternal Order of Police.

Jonathon Dalton added St. Louis Convention and Visitors Commission.

Bryan Wayne Flood added Stride, Inc.

$5K+Contributions

La Raza Political Club Inc - $6,500 from Together KC.

Jackson County Democratic Committee - $6,000 from CHIPP.

Birthdays

Happy birthdays to Peter Kinder, and Leann Chilton.