MOScout Daily Update: Stumpe Lowers Hammer - Bush’s Negative COH - O’Laughlin on Governing - SBOE Priorities and more…
Stumpe Brings Down the Hammer
Judge Brian Stumpe threw out HB 2062 (from 2024’s regular session) “in its entirety,” after finding that the law violated Missouri’s single-subject mandate. This is commonly known as a Hammerschmidt violation.
Stumpe’s decision gave multiple shout-outs to Sen. Mike Moon, vindicating the senator who often draws eye-rolls over his constitutional objections to omnibus bills.
· The Court has taken judicial notice of the House Journal containing the objections by Senator Mike Moon to House Bill 2062, which aptly describes the original purpose issue: “[n]ot one single amendment added to the original bill was germane to the original purpose. What, pray tell, is the relationship between moratorium on eviction proceedings and the pasturing of chickens, hydrant testing, or public sewer liens?” Senator Moon's objection, of course, has no legal effect on the Court's analysis, but it succinctly states the correct analysis and conclusion.
· The Court is again inclined to agree with Senator Moon that, “[a]s has become commonplace in the legislative process, especially during the last few weeks of the session, legislators have been convinced that in order for their bills to reach the Governor’s desk, bills must joined together, often with unrelated topics, in order to get as many bills as possible passed.” Apparently, such was the case here. The various provisions of HB 2062 are not severable.
What It Means
This ruling should create some extra caution next session when the legislature starts rolling up tenuously related bills into omnibus packages. The whole boatload of bills can be at risk from one or two stray provisions.
Bush’s Negative COH
Post-Dispatch’s Joe Holleman reports that “according to [Cori] Bush's latest filing with the Federal Election Commission — submitted on Thursday, one day past the deadline — Bush's campaign committee is $628 in arrears when it comes to cash on hand as of Sept. 30…”
· Both reports indicate that the campaign has an outstanding debt to vendors of $13,374, with more than $9,000 of it owed to a Las Vegas accounting firm.
· In a story first reported by KSDK, Bush paid about $6,390 on Friday to settle the overdue amount she owed St. Louis city for earnings and payroll taxes. The amount included penalties and interest for the 2020, 2021 and 2022 tax years.
What It Means
This isn’t the start of a campaign that’s well-organized.
O’Laughlin: Governing Is Hard
Senate Pro Tem Cindy O’Laughlin, seemingly in response to Senator Josh Hawley’s criticism, wrote “thoughts from a termed out politician” on social media. Here are some excerpts…
Every issue has at least two sides and sometimes more so getting to the bottom of an issue and working to find a solution can be pretty difficult. In the midst of that you’ll have the following:
1. Politicians who know next to nothing about the issue but want to “weigh in” with public announcements to gather attention for themselves. These people are literally no help and often become impediments to solutions.
2. Politicians who actually do know something about the issue but not enough to be able to clearly see it from all sides (and are unwilling to learn) and therefore cannot help find the solution.
3. Politicians who know the issue well and are willing to sit down and do the endless work and compromise that will likely be necessary if any solution is to be found. These people understand that changes to the current status quo are going to affect actual peoples’ lives and like it or not this must be taken into account.
The difficulty lies in getting people to set aside their own biases and really listen to others. Add to this the current environment of the internet where every conspiracy theory is spouted and of course finds at least some who believe it… All of these factors combined make governing hard…
SBOE Legislative Agenda
The State Board of Education meets this morning. Among the items on their agenda will be a review of their legislative priorities. See them here.
Among them…
Early Learning
· The State Board of Education supports the continued funding of early childhood education by providing high quality child care options and the continued expansion of Pre-K education by expanding access to early childhood programs for 3–4-year-olds.
Literacy
· The State Board of Education supports continued funding of literacy initiatives aimed to support the Science of Reading to assist individual students’ success.
· The State Board of Education supports the Missouri Read, Lead, Exceed initiatives of school-based literacy programs for school age students in grades K-5th.
Success-Ready Students and Workforce Development
· The State Board of Education supports continued workforce support initiatives that will provide support to schools.
· The State Board of Education supports providing early introduction to career and technical education pathways for all students.
Educator Recruitment and Retention
· The State Board of Education promotes the continued focus on providing support to teacher retention and recruitment.
· The State Board of Education recommends the legislature continue to appropriate state funding to support Career Ladder Programs.
Providing Access to Quality Schools
· The State Board of Education supports continued full funding of the school transportation formula, and adjustments to student weightings in the Foundation Formula to ensure student needs are fully supported with appropriate funding.
· The State Board of Education suggests that DESE work with stakeholders to examine best practices for voluntary public school open enrollment.
Sports Betting Ramps Up
According to the Missouri Gaming Commission, it expects to begin issuing temporary licenses next Thursday. Those approved can sign up bettors and accept deposits for accounts on Nov. 17. If those operators fulfill the state’s requirements for internal controls and house rules, they will then be permitted to go live at midnight on Dec. 1.
Eye on Ag
From Missouri Department of Agriculture’s weekly cattle market report: “Some decent rains fell around much of the state over the weekend and although many jackets and flannel shirts came out there has been no frost thus far. From here on out every additional day is just a bonus for the pastures. Cash markets remain very strong with several new records set once again this week…”
Gubby Appts
Governor Mike Kehoe made four appointments..
· Leisha Barry, of Holt, was appointed to the Northwest Missouri State University Board of Regents.
· Kamera Meaney, of Blue Springs, was appointed to the MO HealthNet Oversight Committee.
· Steve Poniewaz, of Ballwin, was appointed to the Credit Union Commission.
· Beth Wulff, of Vienna, was appointed as the Maries County Collector.
Lobbyist Registrations
Jeffrey Altmann added Anheuser-Busch.
David Barklage added Ashbritt, Inc.
Derek Coats added Jefferson City Regional Economic Partnership.
Jay Reichard added Commure, Inc.
$5K+ Contributions
B PAC (pro-Brian Williams) - $50,000 from Build St Louis PAC.
Missouri Leadership PAC (pro-Riley) - $10,000 from Parking Company of America.
Missouri Leadership PAC - $5,100 from St. Louis County Police Association PAC.
Teamsters Local Union No 688 Political Action Committee - $8,626 from International Brotherhood of Teamsters Missouri PAC- Federal Committee.
Missouri Energy Development Association Political Action Committee - $10,000 from Evergy Metro, Inc.
Political Action Committee for Health - HEALTHPAC - $10,025 from Committee For Quality Healthcare.
Political Action Committee for Health - HEALTHPAC - $20,350 from ATGS PAC.
UAW Region 4 Midwest States PAC (MO) - $5,324 from Midwest State Cap Exchange (Ottawa, IL).
Birthdays
Happy birthdays to David Kent, Jay Swearingen, and Derek Ramsay.