Missouri Times - May 10, 2017

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The Missouri Times

DARK MONEY DEBATE DOMINATES SENATE

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FIRST 100 DAYS

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Times MAY 10, 2017

LEGENDARY SESSION COMES TO CLOSE


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129 E. High Street, Suite D, Jefferson City, MO | 573-230-3805

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Scott Faughn, Publisher | scott@themissouritimes.com | @ScottFaughn Rachael Herndon Dunn, Editor | rachael@themissouritimes.com | @TheRachDunn Travis Zimpfer | travis@themissouritimes.com | @TravisZimpfer Benjamin Peters | benjamin@themissouritimes.com | @BenjaminDPeters

OP ED Missourians deserve a real transportation dialogue, not a toll road lecture By Rep. Bryan Spencer There is no silver bullet to fixing Missouri’s transportation funding crisis. Believe me, we in the General Assembly have been searching for one. There is also no shortage of ideas from transportation bureaucrats and newspaper editorial boards; including the use of private investment to build new roads and then forcing state government to tax Missourians (in the form of toll roads) to pay them back. Advocates for tolling I-70 (and other roads) through the establishment of a public-private partnership (PPP) would have us believe tolling is the only way to solve our funding woes. This is a dangerous slippery slope that, in other states, has led to severe mismanagement, foreign ownership of roads, less accountability, fewer taxpayer protections, decreased economic opportunities, and even economic ruin when PPPs have failed and left taxpayers on the hook for billions in debt. Missouri small businesses, especially manufacturers, are at an increased risk. Tolling I-70 in particular would be an undue burden on – and discriminatory towards – Missouri families and small business owners within the I-70 corridor. Many estimates suggest toll roads will result in thousands (and sometimes hundreds of thousands) of dollars in additional costs for many of our family-owned small businesses, costing jobs and opportunities for Missourians. Most transportation advocates and community leaders recognize that a serious discussion on transportation funding must be reignited in the coming months. But many of us will remain respectfully opposed to toll roads and PPPs, and we stand on the side of our constituents who are largely against tolling. Tolls are not the appropriate solution. Missourians have a paid a motor fuel tax since 1924 for road construction and maintenance. New tolls simply tax users twice for using the same roads. Unfairly double taxing our citizens by placing

tolls on I-70, especially without a public vote, is a non-starter for many of us serving in the General Assembly. Our interstates serve as the main arteries connecting the vital areas of our state, enabling job growth and the flow of commerce. Our roads allow our manufacturers to efficiently move products to market, and Missouri farmers to get food to our tables. They enable freedom for our working families to live where they choose, and commute to their place of employment. Missouri simply cannot succeed in building a 21st century economy without utilizing a safe and reliable transportation network, but a real funding solution is needed. At one time Missouri led the nation in constructing our modern highways as the first state to build miles of interstate following the inception of the Interstate Highway System in 1956 through the Federal Aid Highway Act signed by President Dwight Eisenhower. In 1992, Republican Governor John Ashcroft built a coalition to pass an increase in the state’s motor fuel tax which has now been unchanged for 21 years. Missourians will follow leaders who present a real plan to address critical issues. But first, voters must be convinced to adopt a new transportation vision. Voters will act when transportation advocates begin to make a clear and consistent case for statewide transportation investment. Voters will act when our state and local leaders step forward to maximize public awareness to support critical transportation initiatives. Our transportation funding crisis deserves an honest discussion. Toll roads are the worst possible solution and should be rejected outright. Public opposition is already gaining momentum, so let’s use this misguided attempt as a catalyst for a real discussion among citizens and transportation stakeholders on the appropriate path forward.

Rep. Bryan Spencer represents District 63 in the Missouri House of Representatives.


The Missouri Times

HOT LIST CINCO DE MAYO WEEKEND

Garth Brooks, the Kentucky Derby, Talladega, Tulip Festival and on and on, Missouri was the place to be this past weekend.

SILVEY

The charasmatic senator has cleanly transitioned to a group of what some call “obstructionists” and has become all the more popular because of it.

MANAGED CARE DEBATE

Both bodies debated a hard subject in light of the budget shortfall and the Governor’s recommendations, ultimately ending with taxdollars being stretched a tad farther with managed care.

PHOTO OF THE WEEK

Bruce DeGroot @brucedegroot I’m on the floor listening to debate. Family is at BBQ with Governor. #it’s9o’clock

Tweets of the Week Highlights in 140 characters or less.

Scott Faughn @scottfaughn Whatever anyone thinks of Governor Greitens his #SJR39 stance last year took guts.

Jamilah Nasheed @SenatorNasheed Congratulations @LydaKrewson, on being sworn-in today as our first female mayor! There’s work to be done and I can’t wait to do it together. Caleb Rowden @calebrowden Anyone who calls @FitzpatrickMO “corrupt” or “incapable” probably hasn’t met him. No one better 2 guide MO through tough budget year. #MOLeg

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On some budget votes, district takes precedent over party by Travis Zimpfer

travis@themissouritimes.com

The closest votes Thursday occurred in the House on HBs 10 and 11 yesterday during the approval of the state budget conference bills. Both of the bills deal with the funding of social services, which caused consternation over the session, because of the change in the circuit breaker policy to remove renters. The move would save roughly $50 million but kick thousands of the elderly and disabled off of the tax credit to help pay rent. The two bills also would have lowered the standard of care for in-home services, affecting the elderly and disabled again. Several Southeast Missouri Republicans voted against the two measures, diverging from their party and House leadership. Among them was Rep. Holly Rehder, who has reportedly eyed running for Speaker of the House after current Speaker Todd Richardson becomes term-limited after last year’s session. Rehder, R-Sikeston, said while she recognized the hard work put in by the budget committee, voting in favor of those bills would directly harm her district and not just its ailing seniors. “The southeast region, we use a disproportionate amount of those services compared to the rest of the state,” she said. “Moving it from 27 [points] to 24 puts us to losing about 1300 jobs in the Southern bootheel counties. For the Bootheel reps, we have the clients that are losing their services, because we do come from the poorest counties, but we’ll also lose a lot of jobs.” Rep. Tila Hubrecht, R-Dexter, spoke on the floor, echoing some of the same concerns she had for people in her district. She spoke from her experience as a former nurse. “I cannot tell you how many people i’ve been at their bedside while they were sick and how many people’s hands I’ve held when they died,” Hubrecht said Thursday. “What we do here has a direct impact on people’s lives. Sick people need medicine, sick people need health care… I’m concerned about the cuts that are proposed in this.” HB 11 was passed 88-68, and HB 10 was passed 98-57. Democrats almost entirely voted against the measures, but several Republicans,

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FIRST 100 DAYS by Benjamin Peters and Travis Zimpfer Following a landslide victory in the November elections, the Missouri GOP took over every statewide office on the ballot. And now, 100 days after being sworn in, each Republican has since been tested in some way or another, each rising to the occasion to meet the challenges of their office. The first 100 days has been marked by several noteworthy events, the first major challenge presenting itself in the form of severe winter weather earlier in the year. Gov. Eric Greitens quickly took command with his team, issuing a State of Emergency and working to prepare the state as much as possible. Through the state’s trials and tribulations, he has been seen front and center, working in the trenches alongside Missourians. But the other newly-elected members have also found ways to lend a helping hand; the new State Treasurer activated disaster relief programs to aid businesses and farms affected by severe weather in April. During that same time, Missouri has seen their elected politicians deliver on some of their campaign promises, the most notable of which was the passage of right-to-work, a monumental testament to the new direction Republicans are leading the Show-Me State. The state also signed off on tort reform measures, continuing to signal a change in politics-as-usual and attempt to expand on their mission to create more jobs and spur growth in the state’s economy. Each official has worked to find an efficiency to the inner workings of their offices amidst a nearly $500 million budget shortfall, while also finding ways to implement new policies as the state legislature continues to wrestle with Missouri’s $27.8 billion budget. With Missouri’s conservative push continuing, the mission of each new statewide official has been simple: earning the opportunity they have been given by the voters. Here’s a look at how each official has fared so far: Greitens’ first 100 days mirrors his campaign When Eric Greitens, a former Navy SEAL, humanitarian and best-selling author, first announced he would run for governor as a Republican in north St. Louis in Sept. 2015, he vowed he would change the culture inside of Jefferson City, even pledging to throw corrupt lobbyists and legislators alike down the Capitol steps himself, if need be. Few believed then, more than a year away from the general election, that Greitens, who had flirted with the idea of running for office as a Democrat as early as 2008, would become the next governor of Missouri. Yet, instead of former Attorney General Chris Koster taking the oath of office, Greitens stood before the Capitol and be-

came the 56th Governor of Missouri Jan.9, 2017. In many ways, Greitens has stuck to the promises and practices of his campaign, and while he has yet to accomplish some of the lofty goals he promised, he has actively attempted to meet the expectations he, and the people of Missouri, put on himself. Still, the common criticisms of his campaign have lingered as he has taken office, as he still seems like a man who never stopped campaigning. He and his staff prefer Facebook live streams, videos, and Q and A’s (as opposed to press conferences) where questions can be asked and minutiae on his grasp of policy determined. The governor’s best moments have also come at unexpected times in the face of nonpartisan trials where his rhetorical skills and ability to act can make for inspiring moments. During his campaign, he put on waders and work gloves and placed sandbags during New Year’s flooding in Jefferson County. When vandals desecrated a Jewish cemetery in February, the first Jewish governor of the state worked to restore the damage and clean the site – with Vice President Mike Pence no less – in a moment only the most cynical could call a cheap photo-op. Policy-wise has been less explosive for the new governor. Greitens has wavered little from the Republican Party line despite his campaign brand as a “political outsider.” The first piece of legislation he signed in office was Sen. Dan Brown and Rep. Holly Rehder’s right-to-work bill, and he later signed Rep. Kevin Corlew’s Daubert expert witness standards bill. The labor and tort reform measures are lockstep with traditional conservative policies meant to favor industry and business. Greitens perhaps most aggressively pushed for ethics reform during his campaign, but no piece of ethics reform from the legislature has reached his desk yet. However, in his first day of office, Greitens signed an executive order banning members of his administration from leaving the office and then lobbying to the executive branch. On the campaign trail, Greitens used his aggression to successfully dig at everyone from lobbyists to legislators and early in his term, he carried that same aggression into the governor’s office, which has arguably hurt more than helped his relationship with the body needed to get things done. Greitens was heavily criticized for his approach to whipping votes on a measure that would reject a recommended state legislator pay increase, which was described by some on the Senate floor as active bullying. Greitens also unilaterally instituted a new paid family leave policy for some members of the executive branch, which concerned Senate President Pro Tem Ron Richard and other Republican leaders enough to stall confirmation of multiple gubernatorial appointments. Whether Greitens stands up to his own ethi-

cal standard placed on Jefferson City politics remains to be seen. Underlying sources of certain campaign contributions, like a $2 million donation from the SEALs for Truth PAC, still remain unknown. A political nonprofit called “A New Missouri, Inc.” has set up shop in Jefferson City specifically to support Greitens’ agenda – with the distinct capability of taking in unlimited donations with complete anonymity for their donors – serving, at the least, as a distinct distraction in the media from the new Governor’s work. Greitens’ first 100 days continue to look a lot like his campaign – for good and bad – but his early and initial supporters have found little reason to complain. Greitens has done so far in his first 100 days what he said he would do, with the possible exception of throwing lobbyists down the steps of the Capitol. Parson’s new take as lieutenant governor Meanwhile, Mike Parson is already looking to leave his own mark on the office of the lieutenant governor. Held by Peter Kinder for three terms, the lt. governor’s office itself is the perfect example of the changes brought by the new elected official. Following Kinder’s departure, the office underwent major makeovers, with Parson’s chambers reflecting the simple yet elegant style of the former state senator. But perhaps the most noticeable change is how often Parson can be seen in the Senate, presiding over the proceedings. He can often be found sitting at the dais, gavel in hand, ready to reign in or direct the proceedings, which his experiences in the Senate truly primed him for. And it’s that unique hands-on approach that may just set him apart from predecessors. In fact, he may already have set a record for most appearances within the first 100 days. Lt. Gov. Parson finds himself in the unique position of being the only elected official serving in both an executive and legislative capacity. Parson also serves on a number of boards and commissions, as commanded by state statute. In that capacity, the Lt. Gov. has already cast votes as a member of the committees, echoing Missouri’s commitment to bringing jobs to the Show-Me State. In early March, he cast his first official votes as a member of the Missouri Development Finance Board, voting to approve two BUILD projects bringing new jobs to the Central Missouri region, which should lead to roughly 500 new jobs between American Outdoor Brands Corporation and Aurora Organic Dairy, which are expected to bring in millions in the coming years. Parson said it was made possible by making Missouri a right-to-work state. His office is also working with public and private sector entities on

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a "Buy Missouri" campaign to promote products made within the state. One look at the @MOLtGov Twitter account can show you just what the Lt. Gov. has been up to: meeting with Missourians. His visibility to the public and accessibility has been noticed by many, whether it has been meeting with visitors to the State Capitol, attending Lincoln Day events, or taking part in ceremonies to honor those who sacrificed their lives in the service of the country. Parson was a vocal supporter of two resolutions in the Missouri House and Senate (HCR 35 & SCR 18) urging the Defense POW/MIA Accounting Agency to prioritize the cases of 15 Missouri soldiers who are still unaccounted for in Vietnam. Plans are also underway within the Lieutenant Governor's Office for a kickoff to Veteran's Week in November for all veterans, with special recognition given to World War II and Korea veterans. And despite the changes, Parson has remained true to his roots as farmer and cattleman. In fact, this year, Parson was named the Missouri Cattlemens’ Association Cattleman of the Year. He still remains a strong advocate for agriculture, the state’s number one industry. Parson also sponsored a resolution on agriculture that was adopted in March by the National Lieutenant Governors Conference in Washington, DC. The resolution stressed the importance of continued and expanded access to export markets for agriculture. “Global exports of agricultural products generate over 20% of U.S. farm income, and it is very important for us to work with the federal government to lower trade barriers and strengthen the agricultural sector to promote overall economic growth,” Parson said. With the amount of work the new Lieutenant Governor has already put into his office, it is safe to say there is a new sheriff in town. Ashcroft and the fight to establish Voter ID After 100 days in office, Secretary of State Jay Ashcroft’s top priority still remains implementing and educating the public in regards to the new voter ID law. Missouri voters in November passed a measure that would require voters to show a photo identification card when going to the polls. And with his landslide victory in the Secretary of State’s race, Ashcroft replaced Jason Kander, meaning a Republican would lead the charge to put the new law in effect. The issue before Ashcroft and his team has been one of much debate for the first 100 days: what is the best way to get the word out to voters, and how much funding is needed to do so? Kander had requested roughly $5.2 million over a two-year period to implement voter ID, but in a tight budget crunch year, Ashcroft’s plan calls for considerably less. Under his plan, the Republican asked for $1.4 million, saying that by cutting television ads and direct mailings to the state’s registered voters, he could still accomplish the goals while saving money. Instead, his plan relies on personal interactions with Missouri voters and partnerships with community groups in order to spread the word. Democrats have vehemently decried that number, saying the plan is inadequate and disingenuous, that it doesn’t show a real commitment to

make sure every voter is reached. But while finishing their work on the state’s budget, the House of Representatives surprised everyone when they called for another vote on a proposal by Rep. Peter Meredith, which sought to increase the amount of funding to be put toward voter ID. After voting it down the first time, the House returned to the item in question later, passing the measure to include roughly another $1.5 million to nearly double the funding for it. While the legislature works to decide how much money will actually be given to the purpose, Ashcroft has already been working to get the message out about the new law before the upcoming August elections. The Secretary of State announced his education initiative, called “Show It 2 Vote,” earlier in March during a press conference in St. Louis, in which he was joined by Rep .Bruce Franks and the bill’s sponsor, Rep. Justin Alferman. Franks opposes the law, but says he had agreed to work with the Secretary of State in developing a plan to educate voters, especially those whom Democrats say will be disenfranchised, namely the poor and minorities. But the real public information campaign isn’t scheduled to begin until June 1, 2017, while the state budget goes into effect on July 1. “We will work to develop public service announcements and advertising placement. We plan to run media advertisements weekly leading up to future elections and distribute posters and pamphlets to clearly articulate the new requirements. We will also notify every person that files as a candidate for office, making easy-to-understand information available to ensure their own supporters can satisfy the photo ID requirements,” Ashcroft wrote in an op-ed in early March. In the meantime, Ashcroft has also continued his work in fighting for libraries throughout the state to ensure they receive the funding they need. According to the Secretary of State’s office, in the 2017 Fiscal Year the Missouri State Library has approved a total of 96 grant applications in the amount of nearly $700,000 in federal awards to libraries throughout the state. Meanwhile, the Securities division has been hard at work, actively investigating claims of abuse and fraud, with the creation of the new Vulnerable Citizens Services Unit will serve with a focus on preventing and reducing investor harm and paying particular attention to vulnerable citizens, including the elderly. “It’s great to highlight the successes made in the first 100 days, but we are just getting started,” Ashcroft said. “Our next steps will include efforts to streamline business laws; review state-government imposed costs for businesses; implement photo voter ID; continue to write fair, accurate, concise ballot language; and bring common sense solutions to government. We will work diligently to ensure the office is both effective and efficient, trying to save every penny we can, while ensuring Missourians receive the top-notch service they deserve.” Schmitt sets records The new state treasurer, Eric Schmitt, is already making waves of his own. The former senator has embraced the role as treasurer like a fish to water, already setting new records beyond being both the tallest senator - and now tallest treasurer - in Missouri’s almost 200-year history. When it comes to unclaimed property, Missouri’s last treasurer, Clint Zweifel, was a pro. But

Schmitt has shown a knack for the job, becoming the first treasurer in the history of the state to return $1 million in unclaimed property in his first 11 days in office. The previous record was 17 days. In all, his office has returned $12 million in unclaimed property and issued nearly two million payments and checks, while earning $7 million in interest on the state’s investment portfolio. Schmitt’s goal is to streamline the process and make it more efficient than ever before, in hopes of cutting down the average processing time. Schmitt has also been vocal about fixing Missouri’s pension system, saying that it threatens the state’s AAA credit rating. In February, the treasurer called on stakeholders to stop “kicking the can down the road and start working together to come up with long-term solutions to fix the problem of our insolvent public retirement system before it's too late." He warned that if not acted upon soon, it could mean less resources for schools, roads and health services later on. Schmitt has also been quick in efforts to provide relief to those affected by disaster, quickly approving programs to those affected by severe storms and flooding this spring. But perhaps Schmitt’s biggest move is still yet to come: the treasurer is preparing to launch the Missouri Achieving a Better Life Experience (ABLE) program, which will allow individuals with disabilities or their families to create tax-advantaged savings accounts for expenses related to disabilities and special needs. “I can tell you, as a father, these are the issues that keep me up at night, or that you wake up in the middle of the night and wonder what’s going to happen,” Schmitt said. “The piece of mind that this can give to families cannot be overstated. The security and independence that it can give to individuals living with disabilities cannot be overstated.” That launch is scheduled for April 24th, and is what many are already calling Schmitt’s crowning achievement. Schmitt will join the first #TWMPLive - a Facebook Live stream of This Week in Missouri Politics (TWMP) host and Missouri Times publisher Scott Faughn interviewing live from the Capitol - for a review of his first 100 Days. If you have a question for Schmitt, tweet, comment, message or email it with #TWMPLive. Additionally, nominations and subjects for future episodes of #TWMPLive are welcome in any form. Higher office discussion already surrounds Hawley The biggest question surrounding Hawley’s first 100 days in office is whether or not he’ll occupy that office in two-years-time. That’s not to say he will be forced out the door by an angry mob. He’s not mired in controversy, and thus far, he has upheld the conservative ideology and rhetoric he campaigned upon. Voters have gotten what they voted for in Hawley, who won by the largest margin of any statewide candidate in November’s election – a margin larger President Donald Trump. If anything, that popularity may propel him to higher office as many influential Republicans stated last week when they wrote a letter to Hawley, asking the young attorney general to run for U.S. Sen. Claire McCaskill’s seat. Former U.S. Sen. Jack Danforth and longtime officeholder and former Lt. Gov. Peter Kinder signed onto that letter, not to mention Republican mega-donor and the majority of the money behind the right-to-work

effort, David Humphreys. “I wish I could clone him,” former Sen. Jane Cunningham, one of the cosigners of the letter, said April 10. “If you just go to his characteristics, his intellectual capacity, exceptional academic background, his constitutional conservatism, his faith, and his popularity with voters, I think he’s the natural candidate.” Hawley has announced initiatives aimed at combatting human trafficking in Missouri with the formation of a human trafficking task force, announced in a safehouse for trafficking victims in St. Louis and accompanied by an editorial on CNN’s website. He also created a new ethics policy for the attorney general’s office which, among other stipulations, forbids AG staff from taking gifts from lobbyists or accepting campaign contributions from anyone under investigation by the AG office. Outside of that work, he has also projected his views on everything from his support of Neil Gorsuch’s Supreme Court nomination to his requests to the Environmental Protection Agency to return more authority to state governments. Hawley was also among the many cheerleaders in Jefferson City when Trump dismantled the Obama administration’s Clean Water Plan. “As we have long argued and as legal experts from across the political spectrum have recognized, these regulations are flatly unconstitutional,” Hawley said in late March. “We fought these job-killing regulations in court and soon they will be gone. Relief is on the way for Missouri families.” However, even before the letter urged him to run was sent out, there was idle talk he might be a popular choice to represent Missouri in Washington. In many ways, Hawley’s actions over the last 100 days put him in the position to serve as a foil to McCaskill. McCaskill elected to join Democratic opposition to Gorsuch and to the new EPA head Scott Pruitt, seen by many liberals as someone less concerned with protecting the environment than repealing regulations against industry. Hawley also ran as an anti-establishment, outsider figure, and should he win a primary and face McCaskill, that would put him in sharp contrast with McCaskill, a veteran of Missouri politics since Hawley was just three years old. The road thus far for Hawley has not been without its share of bumps, however, he was criticized early in his administration for not residing in Jefferson City as required by statute, instead, living in Ashland, about 20 miles north of the state capital instead. Even after saying he did not need to live in Jefferson City, he rented an apartment in the town. He has also been criticized for bringing in defense lawyers from the prestigious firm of Shook, Hardy, and Bacon in Kansas City – instead of using cheaper in-house counsel – over a Department of Corrections disability discrimination case even after his office had offered a settlement agreement. Regardless, Hawley has stayed mum on what he plans to do in the future. He did not comment on the letter asking him to run, and even though he did not receive a ton of contributions in April, his campaign is still sitting on just over $1 million thanks to $1 million in donations from Humphreys and Humphreys’ sister, Sara Atkins, just before the new campaign contribution limits went into effect in December. With that money, his ability to campaign and natural charisma, Hawley may be in prime position to usurp McCaskill.


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Dark money debate turns into a question of honor on the Senate floor by Benjamin Peters

benjamin@themissouritimes.com

Honor. That one single word, a simple term, affects everything in the Missouri Senate in their every action, thought, or emotion. Ethics. Another word, one that seems to go handin-hand with the first. Having finally finished the budget late Thursday night, the Senate returned Friday morning to finally take up an ethics bill, a topic that has plagued the General Assembly for years now. Ethics has been on everyone’s mind since before the November election when current Governor Eric Greitens ran on a campaign promising ethics reform in Jefferson City by getting rid of politics as usual and fighting against “corrupt career politicians.” But recent events, particularly an attack on Sen. Rob Schaaf by A New Missouri, a nonprofit 501c4 seeking to promote the governor’s agenda, have wreaked emotional havoc in the Capitol’s chambers. Each senator knew that Friday’s debate over Sen. Mike Kehoe’s SB 305, a bill seeking to put a cap on lobbyist gifts, would not be an easy one. And while it started in a fashion that surprised few, with sides being quickly drawn, the Senate showed their true colors as the battle was waged on the floor of the chamber. Schaaf took little time to file an amendment, creating his “Dark Money Disclosure Act,” legislation he said was needed in order to put a ban on “dark money” without being disclosed. “Secret money has become a major force in the state. Secret money was used in attempts to influence politics in the Missouri legislature this year,” Schaaf said. “It creates a risk of corruption… and is corrosive to our process. There should be no such influence as is occurring now by the executive branch trying to influence the legislative branch.” But as Schaaf stood to champion the fight against dark money, he was quickly met by the other side’s champion, Sen. Bob Onder, who led the filibuster of the bill. Onder deftly countered each one of Schaaf ’s movements throughout the day, arguing that his amendment was an attack on free speech and privacy, constantly on his toes to deflect each swing

Schaaf took at pushing his agenda through. “It’s a very fine day to defend liberty today,” Onder said, echoing words spoken by Schaaf earlier in the legislative session. “We’re talking about free speech. It’s my hope that when this gets to a vote, it will defend First Amendment rights, and treat everyone equally. Your bill would require disclosure from nonprofits, even if the primary purpose of that nonprofit is non-political.” Onder argued that nonprofits like the NRA,

for a 501(c)(4) or anyone else. “Right now, the executive branch has set up a 501(c)(4)… and to me, that is a campaign,” Holsman said. “Should we know who paid for the attacks? Yes or no,” Holsman asked Onder. “If they attacked the senator from the 34th, we should know?” Onder said nonprofits should not be forced to disclose. Onder had quoted the George Orwell classic Animal Farm earlier in his argument, which Holsman turned against him by saying some 501 organizations are treated “more equal than others.” While the debate over free speech and dark money continued for hours, the senators did not seem to move any closer to any form of compromise. But as the lines of contention seemed to only grow longer, something changed when Sen. Bob Dixon rose to speak. Rather than revealing party lines, differences in opinion, or the inability to find common ground, the Senate’s mettle was proven when Dixon laid bare the emotions from his fellow statesmen. His chosen topic? Honor. “I’ve heard the words dark money for as long as I can remember this session. Unfortunately, that has been the story of Missouri politics this session: dark money and dysfunction. It’s more than dark money. Despite all of its complexities, we live in a binary world. This is about darkness and light,” Dixon said. “There are two choices: life and death, darkness and light, on and off, right and wrong, open and closed. We debate complexities in this beautiful chamber, all of us men and women of honor. I know we’re all trying to make a good choice, and everyone has a different perspective as to what that is.” Holsman, along with Sen. Bob Dixon, Sen.

“Secret money has become a major force in the state. Secret money was used in attempts to influence politics in the Missouri legislature this year,” Schaaf said. Americans for Prosperity, PROMO, Missouri Farm Bureau, and Planned Parenthood would be affected Schaaf ’s amendment. “Even churches would be impacted,” Onder said, pointing out that the language exempted unions. “We’re talking about our most cherished and sacred right – our free speech. I really do not see that because one senator feels that a particular 501(c)(4)’s Facebook ads went over the line that we should inflict First Amendment restrictions on others.” Sen. Jason Holsman said that any political activity should be treated the same, whether it’s

Doug Libla, Sen. Gary Romine, and Sen. Ryan Silvey, were apparently the targets of the next attacks from A New Missouri, per a Springfield News-Leader report. But rather than cower, each of the senators seemed to welcome the attacks, Dixon said. “I want to say, that with every fiber of my being, I am honored to be found on a list with those mentioned. Every single one. Why? Because they are senators,” Dixon roared, his defiance laid bare on his face. “Honored. Men and women of honor, what every single person is in this body. “Mr. President, I have tried to keep my mouth shut in the press in deference to the governor,” Dixon continued, telling the Senate how he had been taken back by a quote from Rep. Steve Cookson about Ronald Reagan’s 11th commandment, saying it warmed his heart. “Republicans should not publicly attack fellow Republicans,” Cookson had said. “They can fight and slug it out in private meetings and caucus.” Dixon said that he didn’t think that commandment was being used by all, particularly A New Missouri. “I bet that’s where we find Reagan’s 11th commandment there – in the trash can. Austin Powers, Austin Chambers, whatever… I’m going to vote for the Blue Alert, for crying out loud. He’s preaching conservative principles while Ronald Reagan is in the trash can,” the senator from Greene County thundered, slamming his hands onto his desk. “Trashing him, trashing the Missouri Senate, systems of government and people of honor… leadership would’ve put an end to that a long time ago. The duty has fallen to the Missouri Senate, which is filled to the brim with men and women of honor.” Despite all of the amendments filed and the hours of debate on the bill, the Senate ended up pulling the measure from the calendar. While pulling the bill off the floor, Kehoe took a moment to say that attacking senators is where the line is drawn, and that it is unacceptable. “I do want to let the body know that I think attacks on fellow senators are way, way, way out of whack,” Kehoe said, receiving a chuckle from his fellow senators. With just one week of the legislative session left, it’s hard to imagine a compromise can be found on that issue of dark money. Schaaf says it may fall on the voters of Missouri to handle it. But a common ground has been found elsewhere. The Senate now knows that they can stand together when one of their own is attacked.


The Missouri Times

Campaign contribution amendment largely overturned in federal court $2,600-donation limit remains

by Travis Zimpfer

travis@themissouritimes.com

KANSAS CITY, Mo. – The Western District Court of Missouri overturned the one of popular ballot issue in the state Friday when it ruled the state needs to stop enforcing Article VIII of the Missouri Constitution, which went into effect because of the passage of Amendment 2 in November. Amendment 2 limited campaign contributions to just $2,600 per candidate per election, banned contributions between candidate committees, and prevented corporations or labor committees from contributing to campaign committees that only campaign on ballot measures, among other campaign regulations. Some of those provisions were overturned by Senior Judge Ortrie Smith, as he sided with the plaintiffs in the case, Free and Fair Election Fund and the Missouri Electric Cooperatives. The $2,600 limit will remain, but Smith struck

down the part of the law which forbids committee-to-committee transfers. However, to give time for an appeal to be filed, Smith stayed enforcement of the order for 45 days. An appeal would have to be filed to the 8th District U.S. Court of Appeals. The amendment passed in November by nearly a 70-30 margin. Its easy passage seeming to indicate that the people of Missouri largely approved of campaign contribution limits, which was the major provision of the amendment. Eddie Greim, a partner of the Graves Garrett law firm for the defense, celebrated the decision, calling AMendment 2 “deeply flawed.” “The federal district court’s order provides an example of federal judiciary’s essential role in protecting First Amendment rights from infringement by states, even an unlawful state constitutional amendment,” Greim said. “But today’s judgment sends a clear message that a statewide vote cannot trump the freedom of

speech.” The “Graves” in Graves Garrett is Todd Graves, the Chairman of the Missouri Republican Party and a lawyer for the defense. Supporters of the amendment, were quick to ask Attorney General Josh Hawley to appeal the decision. Stephen Webber, the chairman of the Missouri Democratic Party, attacked Graves for his role in the case. “It’s no wonder the Missouri Republican Party’s Chairman was the chief lawyer fighting to reopen these dark money channels – today’s ruling will make it easier for Eric Greitens and Missouri’s Republican officeholders to continue relying on special interests and billionaires with a pay-to-play agenda to advance policies that benefit big corporations at the expense of working Missourians,” Webber said. “Attorney General Josh Hawley should honor the will of the voters and take immediate legal action to restore these campaign finance rules.” The full case can be read online.

‘Holly PAC’ and the campaign contribution atmosphere after Amendment 2 by Travis Zimpfer

travis@themissouritimes.com

The next permutation of political donating in Missouri has emerged in response to the passage of a new constitutional amendment in November which overhauled Missouri’s campaign finance rules. Rep. Holly Rehder will begin fundraising for a new political action committee (PAC), called “Holly PAC,” which will donate to other candidate committees, though without her oversight, approval or direction. Those decisions will fall to the discretion of PAC Treasurer James Thomas, and it will not legally be able to benefit Rehder in her own campaigns. Amendment 2, which passed by a 70-30 margin, limited campaign contributions to $2,600 per candidate per election, meaning a donor now can only donate a maximum of $5,200 to an individual candidate in an election cycle – $2,600 during a primary and

$2,600 in the general. However, another major function of the bill will stop contributions between candidate campaigns. For example, Sen. Caleb Rowden received hundreds of thousands of dollars from Republican senators in the run up to his win in 2016 over former Rep. Stephen Webber. Exchanges from committee to committee were common on both sides of the aisle before the approval of Amendment 2. Rehder has been one of the most prolific Republican fundraisers in the Missouri House over her tenure, and this new endeavor, she says, is a way to ensure she can help the caucus. “In the past, I’ve been very aggressive at raising money and giving to individual candidates, and of course, we can’t do that with the new rules,” Rehder said. “So, our only other opportunity to help other candidates are these outside PACs.” The Holly PAC will likely not be alone. Rehder said other candidates had also begun looking at exploring the same option. The Holly

PAC, and the other which will probably follow, will still be limited to those $2,600 maximum contributions per candidate per election, but it will still allow skilled fundraisers to help other candidates on their side of certain issues. For Rehder, that means helping candidates with tort and labor reform measures. The PAC has about 40 seats targeted for the 2018 race. Aaron Baker, an associate with Axiom Strategies, said her leadership on issues like rightto-work made her someone who could help candidates and fellow House members who have been targeted by opposition groups in next year’s races. Axiom is the political strategy group that will run Rehder’s 2018 House campaign. “Holly has been aggressive in trying to find ways to support her colleagues’ re-elections. You’ve probably noticed she isn’t afraid to take on tough issues like right-to-work,” Baker said. “A lot of her colleagues will be attacked for taking on trial lawyers and labor unions next year. Holly is a leader on many of these issues.”

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MEC continues work to educate on campaign contribution changes by Travis Zimpfer

travis@themissouritimes.com

On December 8, 2016, Article VIII, section 23 of the Missouri constitution went into effect, limiting campaign contributions to candidates seeking statewide office. Since then, Missouri Ethics Commission (MEC) Director James Klahr says things at the MEC have been busy as filers and donors across the state have wanted to learn more about the intricacies of the constitutional amendment and what it may mean for their own campaigns, or campaigns they support. “We consider our role to be a resource for filers and for committees,” he said. “It’s certainly within our regular role to try to handle these issues, but it’s certainly been busy for the last three months, almost four months now, since the effective date of Amendment 2.” Amendment 2, as it was known on the ballot, was a significant change in the state’s campaign finance rules and laws, namely because it instituted campaign contribution limits to $2,600 from individuals. Before that became law, Missouri allowed unlimited campaign contribution limits, which starkly divided legislators. The vote, however, proved anything but divisive. It passed with almost 70 percent of the vote, a margin representing over 1 million more people statewide. However, Klahr and the MEC have constantly had to answer major questions about the law. In their latest newsletter, they answer some of the basics. No, the campaign contribution limit does not apply to local elections. Yes, there are still provisions of Amendment 2 that pertain to local elections, such as candidate committees not being allowed to donate to other campaign committees. Yes, candidate committees can still donate to political party PACs. The yeoman’s work so far has occurred within the office. The MEC updated their website with a “Contribution Limits and

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Will Missouri be declared a federal disaster zone? It all depends on Trump by Benjamin Peters

benjamin@themissouritimes.com

The state of Missouri is still in the process of recovering from deadly flooding that roared through the state last week, but the question on the minds of many is this: will a federal disaster be declared? The Show-Me State has expended all available resources to provide relief to those affected by the floodwaters, but many are now hoping and praying that President Donald Trump will declare the state a disaster zone. The main disaster aid comes from the federal government through the Federal Emergency Management Agency, and the man holding the trigger to release those funds: President Trump. To release the funds, which would allow victims to qualify for grants of about $3,000 through FEMA and business loans through the Small Business Administration, he has to declare the floods a federal disaster. Several of Missouri’s politicians have stated their willingness to advocate for federal assistance, including U.S. Senator Roy Blunt, Rep. Jason Smith and Rep. Billy Long. Smith says he’s had “multiple” conversations with the White House about a federal disaster declaration, and each of the politicians says they have been in touch with Gov. Eric Greitens as well. State lawmakers are waiting to see how

much damage there is, and since the budget was passed last Friday, any more funds necessary would most likely be done through a supplemental appropriation during next year’s session. The State Emergency Management Agency received $138 million last year, and an extra $4 million was put in the state’s budget after flooding that occurred in 2016, allowing Missouri’s governor to activate the National Guard at a moment’s notice. Another $4 million should be available for the governor to use on July 1, thanks to the passage of the budget during the legislative session last week. But victims also have other options available for aid, like deductions for flood damage to property through the IRS’ casualty loss program, while farmers can take advantage of some funds through the U.S. Department of Agriculture. FEMA grants, Small Business Administration low-interest loans, and National Flood Insurance Program payments. If that decision is going to come, it could happen over the course of the next few days. In 2016, President Barack Obama declared an emergency for the 33 counties affected by flooding that had occurred in late December just a week after the first flooding. Within a few months, those counties had received more than $90 million in disaster relief. And while Greitens, according to KWPM, says he’s con-

fident about a federal disaster declaration, but the fact of the matter is that there’s a process, which could take months. To begin the process, the governor of the state must first declare the area a state disaster. The Robert T. Stafford Disaster Relief and Emergency Assistance Act states that: “All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State.” The first step in the process is for the governor to request a joint federal/state Preliminary Damage Assessment (PDA). The assessing team will survey the impacted areas to determine the extent of the disaster and its impact on the individual and public facilities. They also evaluate what type of federal assistance may be needed. The PDA is required to be completed within 30 days of the disaster’s occurrence. Once the PDA is completed, the President has three options when it comes to making a declaration: he can either make an emergency declaration or a major disaster declaration. An emergency declaration does not provide much relief, as it limits what can be done in terms of aid and comes with a $5 million cap. Any expenditures beyond that cap must be reported to Congress. His other option could be to do nothing. Greitens has been in contact with the White

House on the matter since the flooding first began, saying in a Facebook post during the time of the flooding that they had “opened communications with the White House early to ensure that we can unlock federal disaster relief funds as quickly as possible.” Missouri has been declared a major disaster zone each year since 2002, through either severe storms, flooding or tornadoes, except for the years of 2012 and 2005. Only nine emergency declarations show up in FEMA’s records. Michael Cappannari, the External Affairs Director for FEMA Region VII, confirms that Missouri has completed a PDA, which they received on Friday. But for now, it all comes down to a decision from the President. President Trump has approved an emergency declaration before. In February, he signed off on an emergency declaration in regards to the emergency conditions resulting from the potential failure of the emergency spillway at Lake Oroville Dam. He also approved a major disaster declaration for the Resighini Rancheri, ordering federal aid to help the tribe’s recovery efforts in the areas affected by flooding in February. That declaration from the President came on May 2, 2017. To see more on how the process works, and what kind of aid is included, visit FEMA.gov.

Hoskins, Schaaf call out Greitens’ ‘senior advisor’ for ‘dirty politics’ by Benjamin Peters

benjamin@themissouritimes.com

The ongoing struggle between the Senate and the Governor’s Office has taken another turn, this time with different players. Following the events of the past weekend, in which political nonprofit A New Missouri attacked Sen. Rob Schaaf on issues of lobbyist gifts, term limits, and ethics while releasing the Senator’s personal cell phone number to the public, senators retaliated on the floor against Gov. Eric Greitens’ senior advisor and the person speaking on behalf of the not for profit, Austin Chambers. A New Missouri, Inc. was created to support Gov. Eric Greitens and his agenda, and while the governor has stated that it is a separate entity in which he is not involved. Hoskins said that Chambers, on the other hand, works for three bodies: the Governor’s Office, the governor’s campaign, and A New Missouri. Austin Chambers told the Associated Press, A New Missouri is using radio ads, digital ads, and robocalls against Schaaf and added that similar tactics would be used to push Greitens’ agenda. Chambers was vocal over the weekend, tak-

ing to Twitter to speak out against Schaaf. “This isn’t about just something against Sen. Schaaf,” Chambers told AP. “If there are others who are standing in the way or if there are others who are being very supportive of the agenda, then we will engage with them.” That quote, however, proved to be the line for members of the Missouri Senate. Sen. Denny Hoskins, R-Warrensburg, spoke out against the actions and words of Chambers on the Senate floor Tuesday morning, calling for an end to “dirty politics”. “I’ve got a message for Austin Chambers,” Hoskins said at the beginning of a long denouncement of Chambers’ tactics. “Number one, beware those with a sharp tongue, for they may cut their own throats, and number two, don’t throw stones in a glass house. “When Austin Chambers, the senior advisor to the governor, throws out corruption charges against my colleagues, I take offense to that,” he continued. “In my heart, I know that my colleagues here, whether Republican, Democrat, liberal, or conservative, they are not corrupt. “It’s really easy to go around and throw corruption charges around, especially when you’re a 21-year-old senior advisor to the governor, and flop out bombs on Twitter or Facebook.

That’s just dirty politics. These dirty politics has to stop. “Mr. President, I’ve never met this Austin Chambers, nor do I care to meet him. But I know that we have a job to do here in the Senate, and by God, I’m not going to let some 21-year-old immature senior advisor to the governor derail what voters put me here to do.” Sen. Schaaf also rose from his seat to address Chambers’ comments, pointing to the Governor. “He takes his marching orders from the governor,” Schaaf said. “Everything that Austin Chambers does, it’s the governor who is doing it. We have a balance of power, we have checks and balances, and basically what Chambers is saying is ‘we now have another lever to put onto the legislature.’ “That is not OK. We are not going to change the structure of our state government, and we are not going to allow this. Every single member of this body has to be able to have a free and fair discussion, not a discussion in which we are afraid of doing the right thing because we fear the governor running $3,000 in our home district to stop us, to push us to do his work, his agenda, when it may not be ours. That is not OK. We are not going to stand for

this, and as far as I’m concerned, Governor, I don’t care what your agenda is.” Schaaf said his agenda is to do the work of the people, and pass the budget, as they are constitutionally required to do so. But Schaaf didn’t stop there. He then named A New Missouri as “public enemy number one,” saying it is the enemy of both the House and the Senate and the people of Missouri. He said it must be stopped. “The only way it can be stopped, and we can move forward, is to pass ethics legislation that discloses the dark money that’s being used against us,” Schaaf said. “Else, every single one of us will be under the threat of the governor using his newfound power and stopping us from having a fair discussion that we have to be able to have.” The Missouri Times reached out to Chambers for comment on this story, but as of the time of publishing, no response had been given. As of this time, he has not taken to Twitter to respond either – an outlet he frequently uses to address politics.


The Missouri Times

Greitens named to Council of Governors by Trump by Travis Zimpfer

travis@themissouritimes.com

Gov. Eric Greitens received good news Monday when he was one of just seven governors named to the Council of Governors by President Donald Trump. The Council of Governors, a bipartisan organization made of state governors, advises on matters of national defense, the national guard and defense support to local authorities. Gov. Terry Branstad of Iowa currently chairs the committee. Greitens will hold a two-year term in the office alongside Gov. Rick Scott of Florida, Gov. Bill Walker of Alaska, Gov. Mark Dayton of Minnesota, Gov. Steve Bullock of Montana, Gov. Dannel Malloy of Connecticut, and Gov. Mary Fallin of Oklahoma. Scott, Fallin and Greitens are Republicans; Dayton, Bullock and Malloy are Democrats; and Walker is an Independent.

Governors can also sit on the committee for more than those two years, needing only to be appointed by the president again. Greitens has thus far enjoyed ties to the Trump administration. Greitens has traveled to Washington on numerous occasions since Trump has taken over the White House. “We’ve had a great relationship with the new administration,” Greitens communications secretary Parker Briden said. “We had the EPA commissioner, Scott Pruitt, in here recently. The governor has met with several top-level cabinet officials. The vice president has been here multiple times… We’re really eager to work with the White House, the President, anybody who’s willing to fight for the people of Missouri and help us get results for them.” Briden credited Greitens’ conversation with Trump yesterday regarding flooding in southern Missouri as another piece of evidence of that connection.

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Greitens dark money group set to attack Libla despite long record on law enforcement

The Springfield News-Leader reported Thursday morning that A New Missouri, Inc., a dark money nonprofit designed to further Gov. Eric Greitens agenda, would release more social media advertisements directed at senators, specifically for standing in the way of a blue alert measure meant to support law enforcement. A New Missouri has come under scrutiny because of its prior attack on Sen. Rob Schaaf, who filibustered about managed care expansion while a bill establishing a Blue Alert system in Missouri was on the Senate calendar. The Blue Alert bill would create a system to warn citizens via text message when a police officer is wounded. Greitens has made it a major priority of his agenda. However, law enforcement groups haven't been as outspoken about the bill. The advertisements reportedly accuse a new crop of senators of stalling progress on Blue Alert. Yet among those senators listed is Sen. Doug Libla, who has a nearly 40-year history of supporting law enforcement. Libla, R-Poplar Bluff, was a charter member of the Missouri Association of State Troopers Emergency Relief Society (MASTERS) which

exists to help the families of officers killed in the line of duty. The organization helps provide emotional support in a time of grief, as well as helping out with short and long-term financial needs, from cash on hand and funeral expenses to mortgage payments and college funding. “Our deal is to help them stay financially stable, get the kids through college, and be of assistance anywhere they might need help,” Libla said, adding that 21 families had received help from MASTERS since its inception in 1979. Although the advertisements have not yet been released by New Missouri, the photos obtained by the News-Leader are described as having a heavy insinuation that Libla and the other senators do not support law enforcement. Poplar Bluff Police Chief Danny Whitley vouched for Libla’s commitment to law enforcement because of his deep connection to the MASTERS program. “Obviously, if you support that, you’re a strong supporter of law enforcement,” Whitley said.

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Constituent contact campaigns fear ramifications of ‘kicking can down the road’ on grid by Rachael Herndon Dunn

rachael@themissouritimes.com

Constituent coalitions, including the Consumer Energy Alliance (CEA), Lake of the Ozarks Regional Economic Development Council (LOREDC), and Missourians for a Balanced Energy Future (MBEF) are pleading with the Legislature not to kick the utility grid modernization down the road, hoping to see Sen. Ed Emery’s SB 190, the Economic Development and Infrastructure Act, passed by the General Assembly. Meanwhile, other coalitions, including the Consumers Council of Missouri, are protesting. Advocates claim that not passing the bill would hold the state back from Ameren’s investment proposal, which they believe will provide a 2-to-1 benefit-cost ratio for customers. The estimate is consistent with states who have passed similar legislation. Those states also showed decreased maintenance costs, whereas states without a modern grid are seeing an increase in maintenance costs and unreliability, which hurts businesses across the respective state. The nonpartisan and nonprofit MBEF explained that the current utility infrastructure in the state was built over 50 years ago, limiting stability, efficiency, and security. Missouri is one of four states who has not passed legislation to enable grid modernization. Seeking to upgrade aging grid infrastructure, St. Louis-based Ameren Missouri said passage of a bill now under consideration in the Missouri Senate is critical to providing electric customers with new choices and greater convenience while ensuring Missouri remains competitive with other states. “Did you know Missouri’s electric utility laws are nearly 100 years old?” CEA’s advocacy site asks. “Our state’s aging electric infrastructure is also 50 to 60 years old and dated regulations won’t allow it to be upgraded for another 40 years! Even worse, Missouri’s ability to restore power after a storm is among the worst in the nation.” The coalitions are all promoting a constituent contact campaign, encouraging Missourians to contact their legislators to voice their support for the bill. One letter from the CEA reads: Much of Missouri’s electric infrastructure is more than 50 years old. While we are among the nation’s leaders in reliability – when we do get power outages they generally occur because of winter storms or tornados – our state is near the bottom in time taken to restore service. We must improve our ability to restore service while maintaining our excellent reliability record. Fortunately, the Economic Development and Infrastructure Investment Act offers

solutions by helping to update our nearly 100-year-old utility regulatory structure with a forward-looking plan that would generate up to $1 billion in private investment in electric infrastructure, while enhancing consumer protection and oversight. These upgrades for Missouri families would include new electric infrastructure and the inclusion of more smart-grid technologies to prevent power outages, grid security threats and restore power more quickly. The proposed legislation would also create thousands of new jobs for families all across the state while adding incentives for Missouri’s renewable energy. It is estimated that the legislation would trigger the creation of over 3,000 well-paying jobs. LOREDC has gone as far as contacting their local newspaper to mobilize constituents. “Imagine if Missouri’s energy utilities could take a similar path,” Tim Jacobsen, LORECD president wrote in a recent letter to the editor. “What if aging, failing substations that use decades-old equipment were replaced with the most modern, technologically advanced equipment? Think about what could happen if equipment not prone to failure were deployed everywhere, providing electricity even more reliably and affordably than it is today. Stable and affordable energy is a priority for today’s consumers and businesses. “The General Assembly is considering legislation to update the Missouri’s energy plan and make it easier for our utility companies to deploy more advanced equipment into their substations. “The Lake of the Ozarks Regional Economic Development Council (LOREDC) feels the legislation, SB 190/HB 628, must be passed now to ensure we have a more efficient and dependable energy grid in Missouri.” MBEF lauds the legislation is necessary if Missouri is not to fall behind, but also to give a boost to the state’s stagnant economy. “To guarantee a safer and more modern grid, SB190 will lead to thousands of good paying jobs for working men and women,” MBEF touts. “The installation of smart meters, storm-resistant polls and wires and upgrades to transmission stations require thousands of hours of labor for Missouri’s utility workers.” The legislation would support Ameren Missouri’s proposal for a $1 billion, five-year grid modernization plan, which would include investments in smart meters, substation replacement, storm hardening and distribution automation to improve reliability. There is also now an amendment on the table that would create a provision for Doe Run and to encourage the re-opening of a Noranda smelter in southeast Missouri. The Doe Run provision would also

Senators present list of bills they will not filibuster by Travis Zimpfer

travis@themissouritimes.com

A group of Missouri senators used their time yesterday when the Senate adjourned after less than 10 minutes to produce a list of bills they felt would be uncontroversial if taken up by the chamber. Sen. Rob Schaaf, who has stood against Senate leadership and Gov. Eric Greitens in the past two weeks, has crafted a list of House bills in the Senate that he and another group of senators say they will not filibuster. Schaaf did not name other senators, though Sens. Doug Libla and Ryan Silvey also were confirmed in those meetings. The list of bills came with the following message. “A group of senators has reviewed the calendar, and the group suggests that given the limited time left in the session, House Bills for Third Reading on the May 2 calendar [that] are not on this list might take significantly more time and might be better brought toward the end of our legislative session,” the message reads. “We offer this list only as a way to streamline the legislative process and maximize our productivity.” Schaaf added during floor debate he and the other senators had met in his office and spent hours going through yesterday’s calendar, asking whether or not they had problems with a given piece of legislation. If any single one of them had objection to the bill, they took it off the list. “This is nothing more than information that we thought would be helpful,” Schaaf said during an inquiry with Sen. Jamilah Nasheed Wednesday. “I’m not asking for these bills to come up.” Schaaf, however, apparently remains adamant, though he has relented by adding more bills that he would not stonewall. Most of the bills Schaaf listed passed through the House easily. The story surrounding Schaaf this session has turned into a saga as he has become a crusader for ethics reform and the fight against “dark money” political organizations. Schaaf threatened to shut down debate on any bills that were not budget bills or pieces legislation that would force dark money groups to disclose their donors. The Missouri Senate has been mired in politics and parliamentary procedures for the previous two days, as Senate Majority Leader

Mike Kehoe was nowhere to be found in the Capitol. The Cole County senator was stuck on his farm, with each outlet road flooded, closing off any way of getting to the Capitol. He made it to the Capitol Wednesday. Meanwhile, conference budget committees have been rescheduled, the Senate adjourned after just 10 minutes Tuesday without bringing up any bills, and now Schaaf appears to be setting the tone in the Senate for what will and will not be truly deliberated as intended in the Senate, directly taking over Kehoe’s duties as the man who sets the calendar. Nasheed who herself has previously filibustered bills this session took some offense to the coup, despite protests from Schaaf that he and his group were not trying to obstruct the business of the Senate. “When did that become your duty?” Nasheed asked Schaaf, later calling their group a “dark meeting.” Schaaf and his group, however, comprise only one ongoing filibuster in the Senate. Democrats have still largely opposed a controversial budget measure that would take a nearly $50 million tax credit from senior renters, Sen. Will Kraus and several other senators oppose Real ID legislation, and Sen. Maria Chappelle-Nadal promised Wednesday she would grind the Senate to a halt if the House does not move on a bill that would grant money for buyouts in Spanish Lake near the West Lake Landfill. “If we can’t save lives, I will be the one who shuts this down,” Chappelle-Nadal said. The full list of bills Schaaf and his group will not filibuster can be read below.

Benjamin Peters also contributed to this story. House Bills for Third Reading READ FULL LIST ONLINE HB 35-Plocher (Dixon) – Modifies admissibility of chemical test results in intoxication-related proceedings HCS for HB 54, with SCS (Emery) – Modifies provisions relating to vacancies in certain elected offices HCS for HB 57-Haefner, with SCS (Libla) – Modifies provisions relating to law enforcement HB 61-Alferman (Schatz) – Designates a bridge on a portion of State Highway 100 in

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The Missouri Times

Senate leadership snubs Silvey for budget conference by Benjamin Peters

benjamin@themissouritimes.com

“Senator, correct me if I’m wrong, but aren’t you the vice chairman of the appropriations committee?” Sen. Rob Schaaf asked. “Unless something changed while we were at ease,” Sen. Ryan Silvey replied. “I thought so,” Schaaf said. “So, tell me if I’m wrong, but isn’t it just usually kind of tradition that the vice chairman be on the conference committee?” Silvey replied that it was. With just a few days left to put the finishing on the touches on the state’s $27.8 billion budget, the Senate needed to announce their picks for the conference between the House and the Senate this week, and it needed to be done quickly. Senate leadership finally got around to picking five senators to represent them in conference this week on each bill, but their picks came with some confusion. Sen. Ryan Silvey, R-Kansas City, was not on a single committee. Silvey’s resume in the budget process rivals that of most legislators. He’s served on the conference committees for the past six times they’ve met, as both the youngest House budget chair in the history of the state and as the current vice chairman of the Senate Appropriations committee. “I’m kind of wondering… what’s going on?” Schaaf asked after the names for the committees were read on the Senate floor Monday evening. “It’s probably because I voted to fully fund education,” Silvey said. “You mean to say that you voted to fund the foundation formula?” Schaaf exclaimed. “I did,” Silvey said. “At my own peril.” Schaaf said it seemed that Silvey was “being spanked for doing the right thing for kids.” And it seems there’s some truth to that, as senators banded together on the floor last week to fully fund the formula, going against the leadership’s direction. Schaaf said that he felt a certain “sadness.” saying that their “proceedings seemed to degenerate into this level of action.” “It’s just sad that things would go this way

and that people would be treated this way. It actually makes me not only sad, but a little disgusted,” Schaaf said. But this isn’t the first time the senators have butted heads with the leadership. In fact, it’s not even the first time that Silvey has openly opposed leadership. Silvey has spoken out against Senate President Pro Ten Ron Richard with strong words in recent weeks, addressing concerns of corruption and ethics. “Gov. Greitens told us for over a year during the campaign that there was a culture of corruption in Jefferson City,” Silvey said. “Sen. Richard has been both Speaker of the House and the President Pro-Tem of the Senate. If in fact there has been corruption in our Legislature, then Sen. Richard either presided over it or was ignorant of it. Neither is a hallmark of strong leadership.” Richard has recently taken flack for allegations of corruption, with some claiming he filed legislation for conservative mega-donor David Humphreys, a Joplin businessman who had contributed $100,000 to Richard just a few days after the senator filed SB 5. SB 5 would institute large changes to the Missouri Merchandising Practices Act (MPA), which is designed to protect consumers from false or erroneous advertising when products cause injury or monetary harm. Humphreys’ own company, TAMKO Building Products, Inc. is currently facing a class action lawsuit for allegedly faulty shingles. But on top of that, the Kansas City senator made a point of questioning Richard last week about an item that had been slipped into the Senate’s budget, a $1 million appropriation to be put toward private hangars at the Joplin airport, the same district that Richard represents, and home to Humphreys. Humphreys’ company has two jets listed under TAMKO that fly from Joplin’s airport, and the appropriations of $1 million for an airplane hangar has left a number of people scratching their heads in confusion, particularly as to why the state should pay for a private hangar and why it’s a priority over other issues. “We have a $1 million earmark for the construction of hangars at the airport in Joplin, which is in your district,” Silvey said to Richard on the Senate floor. “I was wondering if you could tell us a little bit about that project.”

“Sure. There’s such a demand for hangar space that the city would like to build more so that they can increase the fuel tax, so other airports can share,” Richard responded. “So, this wasn’t asked for by a department, it wasn’t in the governor’s recommendations, or in the House’s recommendations,” Silvey said. “It was asked by the airport manager for the last two years,” Richard replied. Silvey asked how much the state would be paying for as compared to the airport. “You know, I don’t remember, but I think it’s a paid for a part, they gotta pay for the infrastructure to get to it,” Richard said. “The airport is responsible for the concrete and paving, this is just for the hangar itself.” Richard said it had been in the budget last year, too, and was withheld. “Well, they did it last year, too, they withheld it. That’s how it works around here,” Richard replied. Silvey says that while legislators have had to fight for so many things in the budget, from Medicaid and other programs, the President Pro-Tem put a priority on putting funds in for the hangar. He says that’s up to them to prove the necessity. “The Missouri Times article today is the first I learned of proposed legislation of state funding for hangars at the Joplin airport,” Humphreys said in a statement. “TAMKO already has the leases needed to operate out of the airport for many years ahead. We have modified our hangar to meet our specifications and have no interest in any additional hangars. Also, as a taxpayer, I see no need for this project and certainly would support efforts to save these funds for a rainy day (like the one we’ve just suffered).” When asked if he thought all of that had lent itself to leadership’s decision to exclude him from the conference, Silvey said it was possible. “It’s what we’ve come to expect from Sen. Richard,” Silvey said. “Clearly, a lot of the people that fund Ron Richard’s campaigns are not my biggest fans, and I think he listens to them more than he does to reason.” “I’ll be honest about it,” Silvey said. “Fully funding the foundation formula was my biggest priority in this budget, so since that’s already taken care of, I’m fine.”

13

Silvey ‘thanks’ Richard for leaving him off budget conference committee by Benjamin Peters

benjamin@themissouritimes.com

Just hours after Sen. Ryan Silvey, R-Kansas City, was left off the Senate’s list of budget conferees, he released a letter he penned to the Senate President Pro Tem, Ron Richard, saying that he could not, in good conscience, follow the chairman in defending some of the Senate positions on the state’s budget. In the letter to Richard, whom Silvey referred to as “Senator Ronnie” after crossing out the original text of “Senator Richard,” he “thanked” the President Pro Tem for giving him a week off. However, he noted Richard’s decision to leave him off of the conference committee “transparently epitomizes the worst of petty political and flies in the face of 196 years of Senate tradition, it is a load off my mind not to be tasked with cleaning up the mess you have created.” Silvey, the former House Budget chair and current vice-chairman of the Senate’s appropriations committee, was noticeably not included in the Senate leadership’s five picks to represent the chamber. “My exclusion from the conference committee was purely political and unprecedented,” Sen. Silvey said in a release. “It seems that personal grudges and vendettas determine how leadership runs the Senate.” In an exclusive story from the Missouri Times, Silvey said he believed he was left off because he had voted in favor of fully funding the K-12 education foundation formula in the budget passed by the Senate last week. “Perhaps Senate leadership is retailiating against me because I voted to give our children and school the funding that we annually promise to give them but never do,” Silvey said in the release. The conference committee is expected to meet during this week to agree on a budget proposal to send to the House and Senate for approval before it can be presented to the governor for his signature. Silvey’s letter can be read online in its entirety.


14 www.themissouritimes.com

5

THINGS THAT HAPPENED LAST WEEK

1. Uber bill breaks through General Assembly, headed to governor’s desk 2. Cornejo, Rehder prelude announcements to run for speaker on This Week in Missouri Politics 3. Vescovo, Mathews throw hats into MFL race for 2019 4. Missouri Democratic Party announces Elizabeth Zerr as new political director 5. House, Senate compromise on budget, passes before deadline Read these and more online at www.missouritimes.com. Email your news to pressreleases@themissouritimes.com

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15

Ten Best and Five Worst Days of the Greitens Administration Thus Far Gov. Eric Greitens rode a wave of Trumpism to the Governor’s Mansion, and combined with the Republican supermajorities in the General Assembly, he has already begun leaving a mark on the state. We took a look at his 10 best days in office that are mostly filled with accomplishments that Republicans have long lusted for, and half that many rough days which are mostly filled with self-inflicted ethics issues. With the General Assembly having 10 legislative days left, many wonder if any of those days will make the list and which list they make.

April 24 – Signing the Ride-Sharing Bill In an odd legislative quirk, Missouri was one of the last remaining states where it was illegal to take an Uber or a Lyft. The governor made it a priority in his state of the state address and the House ran hard with it. Overcoming some unexpected issues in the Senate, it was passed, and the governor signed the bill in front of a packed house in St. Charles while taking a ride through Taco Bell right after. While good for a Facebook post, it was also something that has long been a legislative priority.

TEN BEST DAYS Feb. 6 – Signing Right-to-Work Greitens’ best day was one where he kept a campaign promise to sign right-towork into law. The House and Senate put this on the fast track and Democrats in the Senate acquiesced to the will of the people. Greitens’ signature made a dream of several Republicans a reality less than a month into his term.

April 25 – Putting Powell on the Supreme Court Republicans groused about the panel put forward, and from the day the finalists were listed, it was likely that Judge W. Brent Powell would be the next judge named to the court. After a vetting process, the governor selected Powell and, in doing so, placed a conservative on a court where many argue that perspective is under-represented.

Jan. 9 – The Inauguration On what has to be one of the biggest days of anyone’s life, Greitens was sworn in as Missouri’s 56th Governor in a celebration that has not been matched since that of Gov. Bob Holden in 2001. While it was a bit controversial as many corporations who have business before the Governor donated to a dark money fund to pay for the party, Greitens showed an oratory skill that likely surpasses that of most of his modern predecessors in a speech that was as on point as it was well-delivered. April 6 – Layman, Farmer, and Chatman confirmed as MU curators One of the biggest problems Gov. Jay Nixon left for his predecessor was the chaos as the University of Missouri. While it’s unlikely the university system is turned around in a day, his first three appointees to the Board of Curators were universally acclaimed. A unilateral move on paid leave slowed down their confirmation, but his first curator appointees seem to have been a home run.

Feb. 23 – Photo-Op with the Vice President Little more than a month into office, Missouri played host to Vice President Mike Pence and on the stage with him was the governor. They talked about jobs at Fabick in Fenton then spent an hour together picking up brush at the recently vandalized cemetery. April 13 – Allowing religious organization to apply for state funds In Missouri, religious groups have not been able to apply for state grants in a policy that was strictly at odds with most of the republican base. Greitens was hailed as he reversed that decision, and gave his base another piece of red meat to chew on. Feb. 9 – Steelman, Chinn, and Karsten confirmed It took a few weeks longer than he had hoped, but, in the end, Sarah Steelman was confirmed as Commissioner of Administration, Chris Chinn as director

of the Department of Agriculture, and Sandra Karsten as Colonel of the Missouri Highway Patrol. While the governor’s out-of-state hires have been panned, these three hires won the Governor near universal praise. March 13 – Paid Leave While very unpopular in many conservative circles and among separation of power advocates, the governor issued an executive order granting six weeks paid leave to mothers and three weeks to new fathers who are state employees. The move was widely praised in the media and even by Democrats who would like to broaden the number of state workers eligible. March 5 – Power Player of the Week It’s no secret the governor enjoys Washington D.C., and there aren’t many bigger hugs the Washington elite can give than being named the Fox News Sunday Power Player of the Week. The interview with Chris Wallace was overwhelmingly positive and detailed the governor’s impressive resume and highlighted some of the goals of his administration. FIVE WORST DAYS April 21 – Dark money committee attacks Republicans It was one of the worst days that any senator had all session. Sen. Rob Schaaf had lost his managed care amendment in committee, a bill died in the House while invoking his name, and he faced a contentious inquiry on the floor that closed the week. However, a dark money attack from the governor’s nonprofit resurrected his session with a new cause. The ads were as ridiculous as they were tone-deaf, calling Schaaf liberal and against ethics reform. It’s one thing to be forced to make a tough call that doesn’t go well. It’s quite another to make an unforced error of this magnitude. April 28 – Ethics violations Normally, when a politician gets dinged with an ethics violation it’s a ho-hum

affair. When that politician is the governor and that politician spent two years proclaiming others are corrupt, then it’s a big, big deal. One former senator once said that the problem with ethics reform is always its flawed messengers. Well, that is certainly the case now. Jan. 30 – Threatens Senate Governors are typically unsuccessful in lobbying senators. Well, Greitens took it to an all-new level with his first entry into legislative lobbying. The Senate was working through their biannual rejection of a pay increase when the governor started tweeting. Then, he followed that by going up to President Pro Tem Ron Richard’s office and threatening and getting into confrontations with a group of Senators. Some tucked tail and went along with him, however, he made a few enemies that night that are still coming back to bite him. March 8 – Starts a dark money committee In a story in the Kansas City Star, leading capitol reporter Jason Hancock detailed a new dark money committee started by Greitens’ staffers. This was a first in Missouri and stood in stark contrast to the “throw the special interests down the steps of the Capitol” rhetoric of Greitens’ campaign. When faced with attacks from similar committees in 2015 Greitens said, “I have repeatedly challenged (my opponent) to accept responsibility for these recent attacks, but like a typical politician, he has ducked and dodged. We don’t need more of that in Jefferson City.” April 8 – Gets involved in the Speaker’s race It was first mentioned by Capitol scoop-meister Dave Drebes that aides to the governor were lobbying House members on who should be the next Speaker. Up to now, the House has been famously compliant with the Greitens’ wishes. If he gets involved and loses a Speaker’s race, he may see a much more independently-minded chamber in 2019.


16 www.themissouritimes.com

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