Missouri Times — June 15, 2019

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The Missouri Times

100-YEAR ANNIVERSARY JULY 15, 2019

BEVY OF BILLS SIGNED NEXT STEPS SERIES www.missouritimes.com


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The Missouri Times

OPINION 225 Madison, Jefferson City, MO | (573) 746-2912 tips@themissouritimes.com

@MissouriTimes

Scott Faughn, Publisher | scott@themissouritimes.com | @ScottFaughn Alisha Shurr, Reporter | alisha@themissouritimes.com | @AlishaShurr Kaitlyn Schallhorn, Reporter | kaitlyn@themissouritimes.com | @K_Schallhorn Hunter Bassler, Multimedia | hunter@themissouritimes.com | @hunterbassler

No ‘safe spaces’ for feral hogs on public lands By Chris Dinkins For months I’ve joined property owners, farmers, hunters, and community leaders in fighting a ban on the hunting of feral hogs on public lands and, most recently, in the Mark Twain National Forrest. While some government bureaucracies have continued to push for more and stricter restrictions on the hunting of feral hogs, the majority of Missourians support an “all of the above” approach to the eradication of feral hogs. These government bureaucracies refuse to listen to the thousands of landowners, farmers, and ranchers feeling the harsh impact of the feral hog problem in our state. They refuse to learn from the trial and error approach other states have taken and recognize that the hunting of feral hogs has a role to play in their eradication. Even worse, measures have been taken to make the transfer, sell, and use of the feral hogs harder and harder. By making the use of the hogs more restrictive, they are trying to further limit the role individual landowners play in hog eradication. Recently Congressmen Jason Smith joined the ranks of hundreds of his constituents and local lawmakers calling for an “all of the above” approach to hog eradication and an end to the prohibition of feral hog hunting in the Mark Twain National Forrest. I commend Congressman Smith for his strong leadership on this important issue. We understand that

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by creating “safe spaces” for feral hogs to live and reproduce we will only be increasing their population. Local landowners and members of the agriculture community deserve a prominent voice in this conversation. Instead, a harmful narrative is being driven by governmental bureaucracies that have a financial incentive to limit local eradication efforts and keep our farmers, ranchers, and property owners out of the conversation. Rural Missourians must stand together and support an “all of the above” approach to feral hog eradication. It is time to end “safe spaces” for feral hogs on public lands. Chris Dinkins represents Washington, Wayne, Reynolds, and Iron counties in the Missouri House.


The Missouri Times

HOT LIST

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Carol Comer

Missouri Department of Natural Resources Carol S. Comer announced she has been diagnosed with cancer and will begin chemotherapy. But Comer isn’t letting that stop her! She said she is still in the office full time and predicts that will continue through most of her treatment.

Kansas City Chiefs

PHOTO OF THE WEEK Chuck Basye- @ChuckBasye47 - July 11

Alice the puppy is thrilled SB514 is going to be signed into law today! So is her buddy Nathan Schelp, @robyn_schelp @RepDistrict58 @RachelBauerCOS @DLHoskins @GovParsonMO

Tweets of the Week Highlights in 280 characters or less.

Shamed Dogan @Dogan4Rep I’m accepting the #VisitAPrison challenge from @FAMMFoundation because I have a responsibility to learn as much as I can about Missouri’s criminal justice system. I challenge my #moleg colleagues to also #VisitAPrison in the next 12 months! Sonya Anderson @RepSonya131 DNR Director @CarolSComer1 is a Rockstar and I am looking forward to continue working with her for the betterment of Missouri! She’s an inspiration! #womenwholead #modnr #moleg

Mike Cierpiot @MikeCierpiot Rebecca Roeber is making tremendous progress. Her sense of humor has completely healed.

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It was a celebratory week for the Kansas City Chiefs. Quarterback Patrick Mahomes took home the “Best NFL Player” honors at the annual ESPY awards, and the Chiefs were designated the official NFL team of Missouri with legislation Gov. Mike Parson signed.

Freshmen representatives

Throughout the past week, several freshman representatives saw their own legislation or bills with their attached provisions signed by the governor. Rep. LaKeySha Bosley said it was a “milestone of her career” for the governor to sign legislation that included her provision upping the amount of restitution paid to wrongfully incarcerated Missourians. And Rep. Raychel Proudie prayed over Gov. Mike Parson as he signed a bill adding protections for victims of domestic and sexual violence — legislation she aided.


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The Missouri Times

COURTS

Appeals court orders Ashcroft to approve abortion referendum for circulation By Alisha Shurr The secretary of state acted outside his purview in rejecting a referendum petition on constitutional grounds, a Missouri appellate court ruled. On Monday, just hours after hearing oral arguments in the case, the Western District Court of Appeals ordered the state to withdraw its rejection of the petition based on constitutional grounds. The court also ordered written notice “immediately” be sent to the ACLU of Missouri approving the referendum as sufficient to form — which will allow the collection of signatures to begin once sample ballot language is issued. “The Secretary of State was without authority under section 116.332 to reject the Sample Sheet on constitutional grounds,” the 31-page decision states. “The Secretary of State identified no issues relating to the sufficiency as to form of the Sample Sheet, and concedes in these proceedings that the only basis for rejecting the Sample Sheet was on constitutional grounds. The Secretary of State was thus obligated by section 116.332 to approve the Sample Sheet as sufficient as to form, as defined by section 116.030.” The Secretary of State’s Office declined to comment at this time. The ACLU applauded the

“To be clear, this Opinion expresses no opinion about, did not need to decide, and does not decide, whether the emergency clause ... defeats the power of referendum for the remaining sixteen provisions of HB 126 which are not subject to emergency clauses.” — Western District Court of Appeals decision. “The Missouri Legislature and Secretary Ashcroft tried to block two constitutional rights — the right of the people to challenge a state law through referendum and the right of the people to receive an abortion,” said Tony Rothert, legal director for the ACLU of Missouri. “Blocking the ballot box was a cowardly move designed to silence the people’s voice. We are pleased with the court’s decision and will evaluate next steps in ensuring this law does not go into effect.” The state and the ACLU requested the case be transferred to the Missouri Supreme Court. Both requests were denied. The ACLU filed the lawsuit against the state after Secretary of State Jay Ashcroft rejected a referendum petition on a sweeping anti-abortion bill. Cole County Judge Dan Green dismissed the legal challenge with prejudice last month. Ashcroft said he rejected the petition “for failure to comply with the requirements of the Mis-

souri Constitution.” At the same time, he also rejected another similar referendum petition filed by Lowell Pearson on behalf of GOP megadonor David Humphreys. The issue with both petitions, according to Ashcroft, is the emergency clause attached to the bill. The emergency clause resulted in a portion of the bill going into effect immediately after Republican Gov. Mike Parson signed it. The provision in effect is the requirement for both parents to be notified of a minor seeking an abortion. The vast majority of the provisions — banning abortion at eight weeks, along with “nestled” components to include restrictions at 14, 18, and 20 weeks should a court overturn a portion of the law, and an outright abortion ban if Roe v. Wade is overturned — will go into effect on August 28. The ACLU contended in the appeals court that rejecting the petition based on constitutional grounds was outside of Ashcroft’s authority

under the law. The appeals court sided with the ACLU. The ruling by the appellate court makes no decision on the emergency clause. “To be clear, this Opinion expresses no opinion about, did not need to decide, and does not decide, whether the emergency clause applicable to section 188.028 of HB 126 is self-actuating to defeat the constitutional power of referendum or is subject first to a judicial determination of its legitimacy; or whether the emergency clause applicable solely to section 188.028 of HB 126 defeats the power of referendum for the remaining sixteen provisions of HB 126 which are not subject to emergency clauses,” the opinion states. Once sample ballot language is issued by the Secretary of State’s Office, the ACLU will need to gather and submit signatures from 5 percent of legal voters in six of eight congressional districts — at least 100,126 Missourians — by August 28 to put it on the ballot.

Two open records lawsuits against state dismissed By Alisha Shurr Two Cole County judges on Monday dismissed a pair of lawsuits brought against the Missouri Governor’s Office — albeit, two different office holders — for alleged violation of the state’s Sunshine Law. In one case, Judge Jon Beetem ruled former Gov. Eric Greitens’ use of a message-destroying application did not violate the law because automatically deleted text messages were never officially retained. In the other case, Judge Patricia Joyce ruled Gov. Mike Parson’s administration had the discretion under Missouri law to charge or waive fees related to open records requests. The two civil lawsuits, the former filed in December 2017 and the latter in October 2018, took issue with how different governors handled Missouri’s open records law. One lawsuit focused on the use of Confide by state employees while the other took issue with the cost to obtain records. The allegation that the Governor’s Office violated the Sunshine Law by failing to turn over

cell phone records was the sole count not dismissed. Elad Gross v. Michael Parson “Gross’ petition pleads no facts to support even the inference that the Governor’s Office engaged in any conduct to knowingly or purposefully violate the Sunshine Law,” Joyce wrote in her decision Monday. “Courts routinely strike or dismiss threadbare, speculative, and conjectural allegations of conspiracy.” Elad Gross filed a legal challenge in October 2018 after the Parson administration said it would cost more than $3,500 to process the extended Sunshine Law request. Gross, who previously worked in the AGO, is currently running for attorney general as a Democrat. Gross was seeking records related to Greitens. The open records request included 54 points, and Parson’s office estimated it would take nearly 91 hours to complete. At $40 an hour, the request would cost Gross $3,618. Joyce dismissed the lawsuit over the cost of the records, ruling the law gives the office the discretion to charge or waive fees.

At the time of the records request, Gross was also suing A New Missouri, a political nonprofit linked to Greitens; that case that was also dismissed. Ben Sansone v. Eric Greitens Beetem dismissed the lawsuit determining automatically deleted text messages were never officially retained and a private citizen has no authority to enforce records retention laws. In December 2017, Ben Sansone, with Mark Pedroli on behalf of The Sunshine Project, sued Greitens alleging public employees were using Confide to undercut the Sunshine Law. The two St. Louis attorneys sought to get the answers that then-Attorney General Josh Hawley couldn’t into the use of Confide by Greitens and his staff. Hawley ultimately concluded there was no evidence the Governor’s Office broke the law but said if the Attorney General’s Office (AGO) has subpoena power in the investigation, it could be reopened. The suit into the use of Confide did turn up answers the AGO investigation didn’t — mostly who was using the message-destroying applica-

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tion. At the time of Greitens’ resignation, there were 15 staffers and 4 former employees of the Greitens administration — and the governor himself — who used Confide, according to documents submitted on June 1, 2018. Attorneys representing the state argued automatically deleted messages could not be retained and thus were unavailable to be produced in a records request. While Beetem originally dismissed that argument last year, he ultimately sided with the state on Monday. Beetem ruled with no records in existence, the issue did not fall under Missouri’s open records law. Before Greitens resigned last June, Beetem dismissed that line of thinking. He said the Governor’s Office’s argument “holds less water than a policy of using disappearing ink for all official documents.” There was one facet to the lawsuit not dismissed by Beetem: The allegation that the Governor’s Office violated the Sunshine Law by failing to turn over cell phone records. A hearing has been scheduled for July 23 on the topic.


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CAMPAIGNS | SENATE

David Cole launches Senate campaign By Kaitlyn Schallhorn David Cole, a lawyer from Cassville, is throwing his hat in the ring for state Senate with a bid for the 29th district. The former chairman of the Missouri Republican Party, Cole said he’s only held elected office once: as the Barry County prosecuting attorney in 1994. But that’s just indicative of the fact that he does not want to “climb the political ladder,” he said. “I am running for the Missouri Senate because I believe in southwest Missouri conservative values,” Cole said in a statement. “Our faith is important to us. We believe in protecting life and our Second Amendment rights, and that government works for us, not the other way around. Those values made this country great.” As for the district he is seeking to represent, Cole, a fifth-generation resident of Barry County, said citizens are concerned about transportation, education, tourism, and agriculture in particular. He wants to bring some “common sense solutions to issues families of the 29th face.” “This is a great state, and we’ve come a long way in building a bet-

ter Missouri,” Cole said. “But there is more work to do. We need to offer the best possible education to our kids; we need to make Missouri the most pro-life state in the country; and we need to build our economy and bring good-paying, quality jobs to our state and area.” Cole told The Missouri Times he’s long been active in his community and involved with politics. Running for state Senate is a way for him to continue to serve his community. In addition to owning his own law firm, Cole is the chair of the South Barry County Hospital district board of directors. He previously served on a Mercy Health System board and is a former president of the Cassville Area Chamber of Commerce. He also currently is a member of the Missouri Health Facilties Review Committee — Cole was appointed by Gov. Mike Parson earlier this year — which is charged with issuing certificate of needs. The district Cole is running to represent is currently represented by Repubican Sen. David Sater who cannot run for re-election due to term limits. Cole said Sater has provided “excellent representation” of the district during his time in the Capitol.

David Cole is running for Senate (PROVIDED).

Richard Orr mounts another challenge to Bill Eigel By Kaitlyn Schallhorn Democrat Richard Orr has decided to run for SD-23, his second challenge against incumbent Sen. Bill Eigel. Orr, who has worked in the outdoor sporting field for nearly four decades, challenged Eigel in 2016. Eigel brought in more than 60 percent of the vote while Orr garnered nearly 37 percent. Still, despite the loss, Orr said he’s confident in taking on Eigel again in 2020 as he’s spoken to district residents about “concerns … they would like to see in the legislature that doesn’t seem to be getting addressed.” Orr has a myriad list of issues he’d like to tackle in the state Senate he can rattle off: Medicaid expansion, additional school funding, continued

opposition to right-to-work efforts, campaign finance reforms, a gasoline tax to fund transportation and infrastructure needs, and more local control across Missouri. “The state clearly wants to be in charge of what the cities and counties do instead of letting them run their own areas,” Orr told The Missouri Times. “Even though they say they’re for local control, every time they have a chance, they prove that they’re not.” “It’s just a broad range of things I have concerns about, and frankly, my opponent seems like a one-trick pony,” he said. Additionally, Orr maintains people in the 23rd district are “concerned about the services they’re not getting,” such as schools and affordable healthcare. He also wants to place an emphasis on Missouri State Parks

and the Department of Conservation if elected. “Parks and the Conservation Department always seem like they’re under attack from the legislature, cutting their funding and changing the way they’re operated in a way it would benefit certain groups of hunters over others,” Orr said. “The biggest thing of all right now is to ensure that the four new state parks created by [former Gov.] Jay Nixon before he left office are kept in the public sphere because there have been moves to sell some or all of those parks just really out of spite. I think that would be a horrible precedent and action to happen.” By the April quarterly filing, Eigel had more than $101,000 cash on hand. Orr did not have a financial summary available by the April quar-

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terly filing. The latest campaign finance data will be public in less than a week. “The folks of St. Charles know that I’ve done exactly what I said I would four years ago. I have cut taxes, fought to get the government off the backs of families and small businesses, and defended our most important rights to life and bear arms,” Eigel told The Missouri Times. “With St. Charles being one of the fastest growing and most prosperous areas of Missouri, now is not the time to turn away from these successful policies in favor of big government that trends further and further towards socialism.” “Nancy Pelosi, Bernie Sanders, and Chuck Schumer will be thrilled with their newest recruit. Mr. Orr would be a reliable ally in their march

toward a socialist America,” Joe Laklin, Eigel’s campaign strategist, added. Born and raised in the St. Louis area, Orr has never held political office. In fact, his 2016 race against Eigel, a member of the Senate Conservative Caucus, was his first foray into a political campaign of his own. However, his family does have a history of political campaigns in the Show-Me State. The first person in his family to run for office, according to Orr, was his great-great uncle, Sample Orr, who nearly won a gubernatorial bid in 1860. His uncle, Sam Orr, also unsuccessfully ran for a U.S. congressional race in the 1960s, he said. “Previously, the tradition has been to lose, and I hope to break that,” Orr said.


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CAMPAIGNS | HOUSE

Roeber announces 2020 re-election bid following serious car accident By Alisha Shurr A serious car accident sidelined Rep. Rebecca Roeber for the second half of the 2019 regular session, but the dedicated school choice advocate has no intentions of letting that stop her. Using the tag line “It’s no accident… Rebecca Roeber will continue to work for the 34th District,” Roeber announced Tuesday her intention to seek re-election in 2020. “I have stuff I want to work on. There are issues I am not done with,” Roeber told The Missouri Times, pointing to topics such as school choice, grandparents rights, and the foster care system. She added that she will be back in Jefferson City in January to finish out her third term, saying “my electorate voted for me and I owe them that.” The Republican lawmaker from Lee’s Summit was first elected to the Missouri House in 2014 and was re-elected in 2016 and 2018. Each year in the legislature, the former teacher has advocated for expanding charter schools in order to improve the education landscape in the state. She has yet to get the school choice legislation across the finish line. “I believe parents know there kids best,” Roeber said. “If a particular school is not serving that child needs, they should have the right to seek a different school out. Right now, they don’t have that choice unless they can pay

New Melle mayor makes bid for House By Alisha Shurr

for it.” During the 2019 session, Roeber’s charter school expansion proposal made it onto the House calendar but stalled out with the bill’s champion in the hospital. While driving to Jefferson City on March 25, the junior legislator was involved in a twocar collision near Syracuse. According to the crash report, Roeber’s injuries were “serious” while the other driver involved in the collision had “minor” injuries. Both were taken by ambulance to the hospital. Her re-election announcement said she “suffered 18 broken bones and was in critical condition for weeks.” “Now she battled back and is ready to fight

hard for conservative, common-sense values held dear by voters of the 34th District,” the announcement stated. Roeber spoke to The Missouri Times over the phone from a rehab facility in Lee’s Summit. “I am thrilled Rep. Roeber is running for re-election. Her experience in education and passion for helping children makes her voice one of the most important in our state legislature,” House Speak Elijah Haahr told The Missouri Times. “She’s a hard worker and has a great deal of influence in the General Assembly,” Sen. Mike Cierpiot told The Missouri Times. “I’m grateful she’ll remain in my delegation.”

Wallingford, termed in Senate, looks to House ByKaitlyn Schallhorn Before Wayne Wallingford had even completed his first year in the state House in 2011, he was approached by constituents imploring him to make a bid for Senate. Wallingford, a Republican, had a corner office with a view of the Missouri River, sat on various important committees, and overall enjoyed serving the constituents of what was then the 158th district. He had no plans to join the upper chamber. But by the end of the year, after much prayer, he reconsidered. Next year will be Wallingford’s last in the state Senate due to term limits, but he’s not quite ready to leave the General Assembly. There’s still more work to be done, he says. So, he’s campaigning for the House again, this time to take over Rep. Kathy Swan’s seat, now HD-147. “I made a promise when I came into the

House: I would read every bill,” Wallingford told The Missouri Times. “Well, this was my ninth year in the legislature, and I’ve read every bill. I do my own research.” He keeps dozens of binders — both in his office and his condo — meticulously labeled with various topics of his research on economic development, education, veterans issues, transportation, and welfare, just to name a few. Wallingford said he’s enjoyed serving in the Senate — particularly pointing to the influence that chamber wields with its fewer members. In 2019, Wallingford carried 26 bills, not including House bills he sponsored. Of those, 13 passed the General Assembly. “In the legislature, getting that many through is probably a pretty good accomplishment,” Wallingford, the assistant majority floor leader, said. One of the biggest issues facing the House

district he hopes to represent — as well as the state as a whole — is transportation, according to Wallingford. “We had a little fix this year, better than nothing, but it’s not the final solution,” Wallingford said. He predicted the Republican Caucus meeting before the 2020 legislative session would make transportation a “priority.” When he decided to make a bid for the House again, Wallingford said his “good friend” Swan, also a Republican, was his first call. “When people started coming to me — and this has been going on for at least a year — I called Rep. Swan ... and I told her I was thinking about that and praying about that just so she would know,” Wallingford recalled. “Once I announced it, before it came out in the paper, the first phone call was to Rep. Swan to tell her she’d be seeing in the newspaper the next day that I’m running for the state representative position.”

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A police officer for roughly two decades, elected mayor for three terms, and a small business owner, Richard West has played an internal part of the New Melle community. Now he wants to take that a step further as a lawmaker. West is making a bid to represent HD 63 at in the Missouri House. The seat is held by Rep. Bryan Spencer who is in his final term in the lower chamber. “I do not have an agenda. [Spencer] is working on legislation I would like to continue,” West told The Missouri Times. Pro-life, pro-gun, and pro-local rights, West said his job, should he be elected, would be to be a representative of the community he serves — to represent its stances and beliefs and to do right by them. To do that, his leadership needs to be less about his personal stance on a specific issue and more about how the district feels about an issue and what is right for the state as a whole, he said. There is not a specific topic, nor one specific issue, that served as a catalyst for West’s decision to run. Rather, he believes he has the right skill set and personality, in combination with his work ethic and motivation, to move the state forward, make a difference, and better the lives of folks in his community and Missouri as a whole. “I am doing this because I believe we need good people in government who cannot be bought,” West said. West considers his ability to get along with everyone and work with a variety of people towards a solution as one of his biggest assets. “This job requires you to be able to hold your values while working with others to get things done,” West said. “That’s me. You don’t last as a police officer for 20 years, you don’t get re-elected three times, if you can’t work with people.”


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The Missouri Times

BILL SIGNING

GM, workforce development bill signed By Kaitlyn Schallhorn Gov. Mike Parson signed more than a dozen bills into law Wednesday afternoon, including a massive workforce development measure that took precedent for Missouri’s chief executive and Senate Republicans during the legislative session. “From day one, workforce development has been a major focus of our administration,” Parson said. “This legislation gives us the tools we need to be more competitive and shows companies everywhere that Missouri is open for business. We’re excited about this great step forward and will continue to invest in Missouri workers, help companies grow, and keep quality jobs here in our state.” Republican Sen. Lincoln Hough’s SB 68 survived a nearly 30-hour filibuster waged by Senate conservatives before it passed the upper chamber in a 25-8 vote in May. The workforce development package establishes the Missouri One Start Program with incentives spurred by a potential $1 billion investment from General Motors in its Wentzville plant and the inclusion of a Fast-Track grant program. Hough called the legislation a “comprehensive package of economic development tools meant to move Missouri to the top of the pack and send a clear signal to the rest of the country that we want to aggressively cultivate and expand our state’s workforce.” “This new law will help propel

Gov. Mike Parson signs SB 68 (PROVIDED/OFFICE OF THE GOVERNOR). Missourians into better economic opportunities that will allow them to make a better living and support their families,” Hough said in a statement after the bill signing. “Missourians have amazing potential, and this new law will help open the door to those opportunities. [SB 68] is about showing businesses across the country that Missouri is not only open for business, but that we look forward to partnering with companies that make investments in our communities, our working families, and the future of innovation.”

The Missouri Chamber of Commerce and Industry also praised the signing of SB 68. “This law will benefit employers of all sizes in Missouri — from empowering thousands of Missourians to equip themselves with in-demand skills, to giving job creators better access to critical workforce resources, to boosting the effectiveness of our state’s economic development tools,” Daniel P. Mehan, president and CEO of the Missouri Chamber, said, praising Parson and Hough specifically. Parson also signed SB 180 from

Republican Sen. Wayne Wallingford which creates an additional tax credit under the Missouri Works Program for the expansion and improvement of military bases and installations that increase personnel. “SB 180 amends the Missouri Works Program operated by the Department of Economic Development to give Missouri the incentive tools it needs to attract new military jobs to Missouri. SB 180 adds the Department of Defense to employers who are qualified under the program and creates a mechanism to use the in-

centives generated by the Missouri Works Program to support the location of new military personnel and facilities in Missouri,” Wallingford explained. “This is important to our state because defense and national security spending has a $30 billion economic impact on Missouri, provides $10 billion in wages, and is responsible for supporting 180,000 jobs,” he told The Missouri Times. Additionally, Parson signed five other bills Wednesday afternoon. SB 17 from Sen. Gary Romine: modifies provisions related to public employee retirement systems, including the Local Government Employees’ Retirement System (LAGERS) and the Public School Retirement System of Missouri (PSRS) SB 54 from Sen. Sandy Crawford: enacts provisions related to insurance companies SB 89 from Sen. Doug Libla: enacts provisions related to transportation, maintaining commercial driver’s instruction permits are nonrenewable and lengthens the period for which those permits are valid SB 230 from Crawford: modifies various provisions related to venue in guardianship and conservatorship proceedings, including with public defenders, venue for certain corporations in civil proceedings, and the ABLE account assets HB 1008 from Rep. Dan Houx: modifies laws related to state agencies, including the Office of Administration (OA)

Parson adds signature to four tort reform measures By Alisha Shurr Gov. Mike Parson added his signatures to a group of bills making alterations to laws regarding tort case in Missouri’s courts. On Wednesday, Missouri’s chief executive signed four tort reform measures: SB 7, SB 30, SB 224, and HB 959. “During this year’s session, we made major progress improving Missouri’s business climate,” Parson said in a statement. “Today, we took a great step in bringing fairness to our courts and giving Missouri busi-

nesses the opportunity for competitive economic growth.” One of the most notable tort reform bills changes the state statutes regarding joinder and venue. SB 7, championed by Sen. Ed Emery, codifies that plaintiffs cannot use joinder to establish venue and modifies which cases can be brought together — along with carving out a venue exception for insurance agents. It also allows cases with scheduled trials to be grandfathered in under the old rules. The savings clause was part of the compromise between

two warring sides in the Senate. The measure, which goes into effect August 28, requires individuals to bring a claim where they live, where they were injured, or the principal place of business of the defendant. It would require those looking to join cases to have been injured in the same instance or under the same circumstances. The legislation also carves out specific venue regulations for insurance companies — agents, those who sell policies, would not be classified as a business location. “The law signed by Gov. Par-

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son today addresses a major reason why Missouri has annually ranked as having one of the worst legal climates in the nation. Starting today, Missouri will no longer be the nation’s courtroom,” said Daniel P. Mehan, Missouri Chamber president and CEO. “This law was years in the making and was one of the business community’s top priorities coming into the 2019 legislative session.” One of the bills also modified a variety of rules related to discovery. SB 224, backed by Sen. Tony Luetkemeyer, alters the limits on interrogatories and deposits, privileged

information and trial preparation materials, electronically stored information, and requests for production of documents. “Discovery accounts for about 75 percent of the time and cost of any lawsuit,” Sen. Luetkemeyer said. “This legislation streamlines that process and will lower the cost and length of court proceedings for all parties. Plaintiffs who have been wronged can receive compensation sooner, and defendants facing frivolous lawsuits can have them resolved with minimum delay and cost. It’s a win-win for everyone.”


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The Missouri Times

BILL SIGNING

Parson signs bevy of Chiefs are now official NFL team criminal justice, public of Missouri By Alisha Shurr The Show-Me State officially has a designated professional football team: the Kansas City Chiefs. On Tuesday, as part of a bevy of bill signings, Gov. Mike Parson added his signature to SCR 4, championed by Sen. Kiki Curls, making the lone NFL team in Missouri the official team. The Chiefs, which have resided in Missouri for nearly six decades, is the only NFL team in Missouri since the Rams left St. Louis several years ago. “For over 50 years, the Kansas City Chiefs have played an important role in the city and the state,” Parson said in a statement. “Sports are a big part of Missouri’s heritage, and we are proud to have the Chiefs represent our great state in the NFL.” Arrowhead Stadium, home to the Chiefs, also had its funding extended. Parson signed HB 677, championed by freshman Rep. Jon Patterson, which extends state appropriations for the Truman Sports Complex and Bartle Hall as funding is set to expire. The bill also includes funding for improvements to the Enterprise Center in St. Louis. Under the measure, the Truman Sports Complex — home to the Kansas City Royals and Chiefs stadiums — will continue to get $3 million for operations annually through 2029. Bartle Hall will continue receiving $2 million in state funding, and the Enterprise Center — home of the St. Louis Blues — will get $3.5 million for 20 years for improvements. The Senate added a clawback provision that allows the state to recuperate investments if the Blues ever relocate. Lyndon’s Law Parson also signed legislation touted as improving safety for Missouri highway and utility workers and emergency responders.

Lyndon’s Law, HB 499 sponsored by Rep. Aaron Griesheimer, authorizes the Missouri Department of Revenue to revoke the driver’s license of anyone who hits a highway or utility worker in a work zone or an emergency responder in an emergency zone. The measure was inspired by Lyndon Ebker, who was a 30-year employee of the Missouri Department of Transportation (MoDOT) when he was struck and killed in a Franklin County work zone by an inattentive motorist in 2016. “On behalf of the MoDOT men and women who put their lives on the line every day to design, build, operate, and maintain Missouri roads and bridges, I’d like to thank the Missouri General Assembly for passing House Bill 499 and Gov. Parson for signing it into law,” said Michael Pace, chair of the Missouri Highways and Transportation Commission. “It’s a fitting tribute to our fallen worker Lyndon Ebker, whose tragic death in the line of duty was the catalyst for this important change.” The bill includes a provision increasing vehicle fees. A provision within the bill will increase annual licenses from $3.50 to $6; biennial licenses from $7 to $12; transfer of title from $2.50 to $6; instruction permits, nondriver, chauffeur’s, operator’s, and driver’s license from $2.50 to $6; and notice of lien processing from $2.50 to $6. Other bills Parson also signed four other bills covering a wide range of topics including transportation and nuisance properties. SB 203: modifies nuisance actions in certain cities and counties HB 926: modifies provisions relating to dealer license plates SB 368: enacts provisions relating to transportation SB 297: allows individuals 75 years of age or older to be excused from jury duty

safety bills: ‘We have to do a better job’ By Kaitlyn Schallhorn

Gov. Mike Parson signed several bills Tuesday afternoon related to public safety and criminal justice reform. “As a former sheriff and law enforcement officer, I understand the challenges facing those working within the criminal justice system, and we have to do a better job,” Parson said in a statement. “These bills bring bipartisan reform to Missouri’s criminal justice system while also promoting public safety and supporting our local prosecutors.” Parson put his stamp of approval on HB 192, championed by Republican Rep. Bruce DeGroot, and SB 1 from Democratic Sen. Kiki Curls. The House bill strips the punishment of more prison time for someone who cannot afford initial fines, which often created an unbreakable cycle. The legislation from Curls added certain nonviolent crimes to list for possible expungement. “HB 192 goes hand-in-hand with the stated desire of both the Missouri Supreme Court and Gov. Mike Parson. As a state, we need to do a better job of rehabilitating our prison population by putting them back as productive members of society once they have served their term,” DeGroot told The Missouri Times. “This governor did what he said he’s going to do, and I appreciate it.” “Folks sometimes make mistakes as teenagers, and by the time they reach 50 or 60 [years old], it becomes very difficult for them to obtain work, jobs, or other things they’re wanting to do to live a pretty fruitful and successful life,” Curls previously said. The governor also signed HB 243 from Republican Rep. Jim Neely. The legislation — which was pushed in

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the upper chamber by Democratic Sen. Lauren Arthur during the 2019 legislative session — makes it easier for victims of stalking or domestic or sexual violence to move out of an abusive home. The bill prohibits these victims from being denied tenancy, evicted from a home, or found to be in violation of a lease agreement if he or she is a victim or in imminent danger; it included protections for landlords and requires a person to produce specified documentation proving the situation. After the bill signing, Neely said, “It’s all about helping people.” “Today, survivors of domestic violence are a little safer in Missouri,” Arthur told The Missouri Times. “I am proud to have ushered through this legislation, and I thank all who worked to turn this bill into a law. I am especially grateful to the survivors who bravely spoke up to tell their stories.” Republican Sen. Wayne Wallingford’s omnibus bill modifying a range of public safety issues, particularly related to emergency communication services and wireless emergency service charges, was also signed Tuesday. “SB 291 will help clarify the administrative process. It provides the 911 taxing entities, the Department of Revenue, and telecommunication companies the clarification they need to properly implement the law,” Wallingford told The Missouri Times. “It provides the Department of Revenue explicit authority to administer, collect, and enforce the prepaid service charge. It also gives the 911 Board the authority needed to remit these funds back to the counties. Finally, it allows counties the opportunity to opt-back into the collection of the prepaid surcharge and receive the benefits that come with their participation.

Additional bills Parson signed Tuesday afternoon were: SB 12 from Sen. Mike Cunningham: expands eligibility to receive service fee for those issuing summons, writ, subpoena, or other court orders SB 83 from Cunningham: omnibus bill changing provisions regarding relocation of children covered by custody or visitation orders SB 90 from Sen. Doug Libla: omnibus bill changing a variety of employment security provisions SB 306 from Sen. Bill White: modifies eligibility requirements and school registration guidelines, among other things, for military families SB 333 from Sen. John Rizzo: increases maximum rate certain fire protection districts and municipalities can propose on sales taxes HB 547 from Rep. Dave Griffith: mandates each judicial circuit must have a veterans’ treatment court HB 898 from Rep. Sara Walsh: establishes a special “Back the Blue” license plate with contributions made to the Missouri Law Enforcement Memorial Foundation Parson’s office, in particular, lauded HB 547, which will allow prosecuting attorneys to divert certain criminal cases to a special program, as resulting in Missourians soon to “see more criminal justice reform and more support for … prosecuting attorneys.” Attached to HB 547 is a provision from Democratic Rep. LaKeySha Bosley which ups paid restitution for wrongfully imprisoned Missourians to $100 per day from $50 each day. “This is about setting what was wrong … right, giving those who were wrongfully convicted a chance to rejoin society with some hope,” Bosley previously told The Missouri Times.


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State agriculture department follows EPA, allows for sale of E15 during summer months By Alisha Shurr Following new rules set at the federal level, a Missouri agency has issued a policy change to allow for the sale of gasoline containing 15 percent ethanol year-round. On June 1, the Missouri Department of Agriculture issued an Enforcement Discretion to allow the higher ethanol blend, called E15, to be sold during the summer months while the agency develops new rules to reflect the change. “This enforcement discretion will allow for E15 to be sold yearround using the traditional EPA decal,” Sami Jo Freeman, the public information administrator with the Department of Agriculture, told The Missouri Times. “Missouri is an agriculture-friendly state. Our department was proud to step up and ensure our enforcement was in line with the EPA’s decision.” The petroleum industry still has concerns with the ethanol blend that have not changed with a new approach to what fuels can be sold year-round.

The U.S. Environmental Protection Agency (EPA), until the end of last month, banned E15 during summer months over concerns that it contributes to smog on hot days and that the blend releases more emissions into the atmosphere than allowed under the Clean Air Act. The higher ethanol blend is typically 5 to 10 cents lower than standard blends at the pump but — since ethanol has less energy than gasoline — the high blend covers fewer miles to the gallon, according to AAA. On May 31, the EPA granted a Reid Vapor Pressure waiver for E15 to be sold during the summer months — a move that was first signaled by President Donald Trump last year. “Following President Trump’s directive, today’s action expands the market for biofuels and improves the RFS program by increasing transparency and reducing price manipulation,” EPA Administrator Andrew Wheeler said on May 30. “As President Trump promised, EPA is approving the year-round sale of

E15 in time for summer driving season, giving drivers more choices at the pump.” As a whole, the move by the EPA was applauded by the agriculture industry. The American Farm Bureau Federation president called the barriers to E15 “outdated” and noted opening up the markets could create additional fuel choices for consumers. “Nearly 90 percent of vehicles on the road today are 2001 or newer and approved for E15 use. Before this rule was finalized, fuel retailers had to remove E15 from their pumps during the peak driving season,” Missouri Corn Growers Association President Mark Scott said in a statement. “Missouri corn farmers are excited for drivers to have this option and experience lower fuel prices while reducing emissions, improving air quality, and providing greater greenhouse gas reductions.” He added, “We will continue working with our partners in the ethanol and auto industries to ensure the next generation of vehi-

cles are optimized to run on higher blends of American-made, renewable fuels.” But the higher ethanol blend does come additional concerns that have the petroleum industry hesitating at expanding sales of the product. The Clean Air Task Force found corn ethanol’s net greenhouse gas emissions are “28 percent higher than emissions that would result from the use of regular gasoline,” the American Petroleum Institute stated. But it’s more than just the Clean Air Act that has the petroleum industry caution about E15. “MPCA members continue to have serious concerns regarding convenience store equipment compatibility (motor fuel tanks, lines, and pumps) and automobile compatibility, most of which have not been designed, manufactured, or warranted to dispense or use fuel with more than 10 percent ethanol,” said Ron Leone, executive director of the Missouri Petroleum Marketers Association.

Missouri leans on federal law, and not state rules, for medical marijuana advertising By Kaitlyn Schallhorn As Missouri makes preparations to establish medical marijuana facilities, broadcasters are turning to federal law, not the state’s regulations, when it comes to advertising. Broadcasters are licenced with the Federal Communications Commission (FCC) — a federal agency — and therefore view marijuana through the lens of federal regulations, said Mark Gordon, President of the Missouri Broadcasters Association (MBA). While the Farm Bill signed by

President Donald Trump last year did legalize hemp, it didn’t go so far as to include marijuana. “There will never be a broadcaster that should take any advertising whatsoever on medical marijuana — or marijuana of any kind — even though it is legal in the state,” Gordon told The Missouri Times. “If you took advertising for medical marijuana and someone filed a complaint with the FCC, then the licensee could be subject to a fine and/or a revocation of their broadcast license because it’s still considered illegal on a federal

basis.” If and when that changes, Gordon said, then broadcasters could revisit the medical marijuana advertising prohibition. Gordon also said broadcasters haven’t reached out to him or the MBA legal hotline to inquire about advertising from a medical marijuana facility. A spokesperson for the FCC said the federal agency does “not have specific guidance” on medical marijuana advertising and urged stations to consult with attorneys for “guidance specific to the state in

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which they broadcast.” Missourians approved a constitutional amendment legalizing medical marijuana in November. The amendment allows physicians to recommend marijuana or marijuana-related products to treat certain conditions, including PTSD, seizures, cancer, epilepsy, and other “chronic, debilitating” symptoms. The Department of Health and Senior Services (DHSS) is tasked with overseeing the program. The state agency will begin accepting applications from caregivers and patients on June 28.

Schmitt: Impressive progress in tackling untested rape kits By Kaitlyn Schallhorn Attorney General Eric Schmitt met with law enforcement officials, healthcare representatives, and advocates Tuesday to discuss progress made with efforts to tackle the testing of rape kits in the state. Schmitt has made testing the more than 5,400 rape kits a priority of his tenure since he took office in January. He established the SAFE Kit Initiative earlier this year and is creating a statewide protocol for how these kits are handled. At July’s quarterly meeting, the Attorney General’s Office announced it has collected information from untested kits from 79 percent of hospitals and 45 percent of law enforcement agencies in the state, “a significant amount of progress.” “Launching the SAFE Kit Initiative and appointing Judge [M. Keithley] Williams was an important first step as we move forward in logging, tracking, and eventually testing untested sexual assault kits in Missouri,” Schmitt said in a statement. “Gathering these dedicated and knowledgeable individuals from across the state provides invaluable insight and discussion into the path forward with the SAFE Kit Initiative.” “Today’s meeting addressed important concerns with the initiative and discussed the impressive progress that we’re making with this initiative,” he added. “I look forward to continuing to discuss the initiative with stakeholders across the state.” Earlier this year, Schmitt’s office awarded dozens of medical centers around Missouri for being in compliance with the handling of rape kits. Distributed in March and April, 49 hospitals were given a “Healthcare Community Partner Award” for completing 100 percent of the inventory of untested sexual assault kits.


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The proclomation honors the League of Women Voters of Missouri “which arose from the Missouri Suffrage Association [and] has worked to educate and empower voters since its founding in October 1919” (HUNTER BASSLER /THE MISSOURI TIMES).

Ashcroft presents proclamation for centennial of Missouri ratification of 19th Amendment By Kaitlyn Schallhorn In honor of the 100th anniversary of Missouri ratifying the 19th Amendment, ultimately giving women the right to vote, Secretary of State Jay Ashcroft presented a proclamation in the Capitol Rotunda Monday. The proclamation, signed by Republican Gov. Mike Parson on June 10, was presented to members of the League of Women Voters of Missouri and others who traveled to the event from all across the state. It was in honor of the League of Women Voters of Missouri “which arose from the Missouri Suffrage Association [and] has worked to educate and empower voters since its founding in October 1919,” the proclamation stated. On July 3, 1919, then-Gov. Frederick Gardner, a Democrat, signed a bill making Missouri the 11th state to ratify the 19th Amendment. “What we’re celebrating here today occured because people like you, quite a while ago, didn’t listen when they were told that it couldn’t happen, when they were probably told to mind their own business or quit causing trouble,” Ashcroft told the group of mostly women gathered in the Capitol Monday. “Maybe that’s the greatest thing about this: It’s not just what they accomplished, but to celebrate the character, the integ-

Missouri ratified the 19th Amendment to the U.S. Constitution 100 years ago (PROVIDED/LEAGUE OF WOMEN VOTERS OF MISSOURI). rity, the fortitude of individuals who saw what was right, although it had not yet happened. And they worked to make it happen.” Ashcroft told The Missouri Times the work suffragettes did more than 100 years ago to push for the right to vote was “beneficial to our coun-

try and our society.” “It’s helpful to understand the work that people did in history for us to be able to have the life and government that we have,” he said. Evelyn Maddox, president of the League of Women Voters of Missouri, said Missourians

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should be proud it was one of the earlier states to ratify women’s suffrage. “This event is important in that it inspires our members statewide to keep on working to ensure that elections stay free, fair, and accessible. We are inspired by the work of the suffragettes,” Maddox told The Missouri Times, noting many of the members in attendance wore white to the event. Next, the organization — which is also nearly 100 years old — is focused on ratifying the Equal Rights Amendment (ERA) to the U.S. Constitution, guaranteeing rights cannot be denied on the basis of sex. It needs 38 states (three-fourths of those in the nation) to ratify the measure, and Maddox hopes Missouri will be that final state. Earlier this year, the state celebrated the 100th anniversary of Missouri women gaining the right to vote in the state. Before the 19th Amendment was officially adopted, the Missouri General Assembly passed legislation allowing women to vote for president and vice president in the 1920 election. That bill was signed by Gardner on April 5, 1919. The bill was the first introduced in the new state Capitol and was largely championed by the League of Women Voters, then the Missouri Women Suffrage Association.


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A way forward for ‘Wayfair’ internet sales tax? By Kaitlyn Schallhorn Before lawmakers can put a plan to establish a statewide internet sales tax in their carts next session, they’re going to need to come to a consensus on quite a few things first. The U.S. Supreme Court last year handed down a decision allowing states to collect sales taxes from e-commerce companies that do not have a physical presence in that state. Several states enacted online sales taxes after that ruling, but the Missouri legislature was unable to do so in the past session — despite multiple efforts in both chambers. Proponents of the tax said it would eradicate an “unfair advantage” online marketplaces have over brick-and-mortar stores in Missouri. “Government shouldn’t be picking winners and losers as far as how retailers are treated. Time and again, you hear local retailers talk about how they’re a showroom for a lot of online platforms — people come and touch and feel and try on and ask questions and then go home to potentially save a few bucks on the tax side of things,” Traci Gleason with the Missouri Budget Project told The Missouri Times. “In order to treat our mom and pop and Missouri retailers fairly, it’s going to remain an issue until it’s addressed by the legislature.” More than 30 states nationwide collect internet sales tax, according to data from the National Conference of State Legislatures. Taking inventory A bevy of bills aiming to establish a tax on certain internet purchases was introduced in both the House and Senate this year — but none quite made it across the finish line. Republican Rep. J. Eggleston was one such lawmaker who proposed legislation that would establish a sales tax on certain internet purchases while also reducing the top income tax rate. His HB 548 ultimately stalled in the House.

In the Senate, Republicans Sandy Crawford and Andrew Koenig put forth a pair of bills establishing a use tax for online purchases; Koenig’s SB 46 would have cut income taxes — something he was adamant about. The Missouri Department of Revenue (DOR) classifies a sales tax as imposable on retail sales of tangible property and certain services. On the other hand, a use tax is defined by the DOR as imposed directly on the storage, use, or consumption of the property in the state. It is not applicable if the item is purchased at a Missouri retailer and otherwise subjected to the state’s sales tax. Buyer’s remorse From what sort of tax (use or sales) to implement to how the revenue would be used to the hiring of an outside collection agency, there were several roadblocks preventing a successful sale of legislation in 2019 — despite seeming widespread support for establishing some sort of tax. “We have a lot of different ideas of how it should be brought up,” Eggleston told The Missouri Times. “Whether it should be a sales or use tax, whether Missourians should pay more so the government gets more or be offset with a decrease from other taxes, should the money that’s coming in be earmarked for a specific purpose or should it go into the general revenue … or should we have a third-party collection agency that we pay do the collections or should we do that inhouse with the Department of Revenue like we do with other taxes.” “All of these issues or differences between the various bills we had, all of that will have to get hashed out before we can come to an agreement on anything,” he said. Eggleston said he believes “it’s possible” for lawmakers to come to an agreement, but “maybe the lesser of all evils is we do nothing and leave it as it is.” As for him, he’s not quite sure if he will sponsor similar legislation to his HB 548 next year.

Redistricting debate expected to continue next year By Alisha Shurr Missouri’s voter-approved redistricting process was specifically mentioned by the U.S. Supreme Court in both the majority and dissenting opinions. The different perspectives from the nation’s highest court on how the Show-Me State is addressing gerrymandering exemplifies the partisan debate taking place. Last week, in a landmark decision, the U.S. Supreme Court determined federal judges have no authority to correct partisan gerrymandering, effectively kicking the issue to the states. “Our conclusion does not condone excessive partisan gerrymandering. Nor does our conclusion condemn complaints about districting to echo into a void. The States, for example, are actively addressing the issue on a number of fronts,” Chief Justice Roberts wrote for the majority opinion, joined by Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh. Pointing to Missouri, the majority opinion noted, “Voters there overwhelmingly approved the creation of a new position — state demographer — to draw state legislative district lines.” But the dissenting opinion pointed out lawmakers have already made an attempt, albeit a failed one, at walking back changes initiated by citizen petition. “But before the demographer had drawn a single line, Members of the state legislature had introduced a bill to start undoing the change,” wrote Justice Elena Kagan, joined by Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor. The redistricting process approved by voters in November 2018 requires a new “nonpartisan state demographer” to draw legislative

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maps for the state’s General Assembly. Under the so-called Clean Missouri Amendment, the maps will then be submitted to the existing bipartisan commissions for approval. The process directs the demographer to consider “partisan fairness” and “competitiveness” when drawing districts. So what’s next? When lawmakers convened in Jefferson City for session, they made multiple attempts to walk back or alter the changes passed as part of an overachieving ethics reform. Ultimately, none of the proposed bills

to do so in the future. “The massive bipartisan coalition that fought for two years to pass redistricting and ethics reforms isn’t going to give up either,” Sean Soendker Nicholson, who helped pass Clean Missouri last year, told The Missouri Times. The decision by the U.S. Supreme Court does not have an immediate impact on the ongoing redistricting debate in Missouri. Unless Congress decides to take action, how legislative maps are drawn will remain in the purview of the state without federal interference.

“The massive bipartisan coalition that fought for two years to pass redistricting and ethics reforms isn’t going to give up either.” — Sean Soendker Nicholson made it across the finish line. The bill that made it the furthest, HJR 48 championed by Rep. Dean Plocher, would have put the redistricting back in the hands of a bipartisan commission and altered the priorities to be considered when drawing the maps. The proposal, which would have needed voter approval, passed the House but failed to get out of a Senate committee. It is likely the measures will be back before the General Assembly in 2020. “I think it is imperative that our districts be compact and contiguous, and we continue to say ‘communities matter’ rather than just a competitive spirit. I think competitiveness is great but you have to keep communities together first,” Plocher told The Missouri Times. Those in support of Clean Missouri pushed back against proposed changes and promised to continue

“It doesn’t have any impact on [Missouri’s] state legislative redistricting process at all,” said Nicholson. But, according to Eddie Greim, a Kansas City attorney who filed an amicus brief in the Supreme Court case, it could have an impact down the road. He noted courts have ruled individual rights related to voting does not apply to partisan gerrymandering, though Clean Missouri gives those “group rights” to political parties. “I think one interesting question after the opinion is, to what extent does this imposition of a group right by the Missouri Constitution violate individual rights to vote,” Greim told The Missouri Times. “I think it is less likely, although I can’t say for sure, a challenge to Clean Missouri itself would be cognizable just because of this ruling. I think it would have to be after districts are drawn.”


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Reforming civil asset forfeiture By Kaitlyn Schallhorn Measures to reform civil asset forfeiture procedures in Missouri didn’t quite make it through the General Assembly during the 2019 session, but already lawmakers are looking ahead at ways to change the practice. “What I would like to see is to get this thing through public hearings and debate and find out exactly where we stand, what kinds of violations may be happening, and what kinds of reforms may help Missouri,” Sen. Ed Emery told The Missouri Times. “There are a number of states that have already done reforms and a number of states that have looked at reforms, and we also may have some things to learn from those other states.” While Missouri requires a criminal conviction or guilty plea for property to be civilly forfeited, law enforcement agencies can circumvent state law by participating in the federal equitable sharing program. In these instances, local agencies will request a case be transferred to federal investigators and will be able to share the seized assets with the federal government. At the federal level, investigators must simply establish a preponderance of the evidence to tie property to an alleged crime. According to the state standard, assets seized are earmarked for edu-

cation. But property related to cases transferred to federal investigators can go right back to the police departments. Missouri received about $126.7 million from the federal equitable sharing program — more than $9 million per year — between 2000

measures were included in a sweeping omnibus criminal justice reform bill that didn’t pass through the legislature before May. Grading Missouri When it comes to state law regarding civil asset forfeiture, the Institute for Justice has given Mis-

Rep. Bruce DeGroot, a Republican and self-described “law and order guy,” hasn’t decided if he will be the one to file legislation next session but is seriously considering it. He says he’s an advocate for making sure people are given the tools necessary to be “productive members of soci-

“What I would like to see is to get this thing through public hearings and debate and find out exactly where we stand, what kinds of violations may be happening, and what kinds of reforms may help Missouri.” — Ed Emery and 2013, according to data from the Institute for Justice. In contrast, Missouri averaged about $109,000 per year from 2010 to 2014 in forfeitures at the state level. From his own research, Emery said, “It might not be as big a state issue as it is a federal issue … but the state does benefit from federal abuse.” 2019 legislation Emery filed SB 494 during the 2019 session, but it stalled in the Senate. The bill would have prohibited Missouri law enforcement agencies from circumventing the stricter state rules regarding civil asset forfeiture by turning cases over to the federal government’s program. It mirrored HB 444 which didn’t pass the House Rules - Administrative Oversight Committee. Other civil asset forfeiture reform

souri a B+ — a rather high mark compared to other states in the U.S. However, the state ranks 34th with

ety” following an arrest. DeGroot wants to see a bill passed that would require law en-

opposed to pocketing money taken through the federal program, he said. Kevin Merritt, the executive director of the Missouri Sheriffs’ Association, said it’s a “good idea” to review the civil asset forfeiture process to see if “there’s room for improvement.” “Our position is: It’s a valuable law enforcement tool in the fight against crime, but like anything else, it causes a lot of controversy,” Merritt told The Missouri Times. “One of the things that we are trying to get a hand on is those … that really push for reform, what are they trying to accomplish or reform? Is it the fact that they want to look out

“[The Missouri Sheriffs’ Association’s] position is: It’s a valuable law enforcement tool in the fight against crime, but like anything else, it causes a lot of controversy.” — Kevin Merritt its participation in the federal equitable sharing program. “The Institute for Justice’s new report shows that law enforcement is pursuing profit, and its use of federal forfeiture does not reduce crime or reduce drug use and blatantly circumvents Missouri’s good state forfeiture law,” Lee McGrath, senior legislative counsel for the Institute for Justice, told The Missouri Times. So what’s next?

forcement agencies to follow state civil asset forfeiture standards. In an effort to compromise, he would be willing to put seized assets back into the general revenue as opposed to schools, which is where it’s currently directed. This would give law enforcement agencies an opportunity to come before the state legislature, present a case for additional funding, and draw from the general revenue — as

… and protect and are interested in the rights of those who are subjected to having their properties seized and forfeited? Or is their concern the money goes to law enforcement if it’s federal as opposed to the schools?” Merritt said law enforcement officials do not wish “to violate anyone’s constitutional rights” and maintained the association looks forward to continuing discussions with lawmakers next session.

Making alterations to CaseNet records By Kaitlyn Schallhorn While he believes Missouri’s court case management system is one of the best in the nation, Rep. Bruce DeGroot thinks there can be some improvements to it — something he’s deemed a priority for next session. CaseNet allows the general public to search most court records, from docket entries to judgments to charges filed in courts that have implemented the Missouri Court Automation Program’s case management software.

In February, DeGroot introduced a bill that would remove misdemeanor cases from any state court’s automated case management system after five years. HB 1221 was referred to the House Judiciary Committee where it stalled. The Republican lawyer said he filed it to get attention but plans to make reforming CaseNet more of a priority in the coming session. He wants to see certain crimes, such as traffic violations or misdemeanors, either be removed from the system or moved to a level only accessible by certain people.

“I have dealt with a lot of clients who 5-, 10-, 15-years later have a youthful indiscretion following them around on CaseNet available for literally the whole world to see,” DeGroot told The Missouri Times. “I’ve also recently dealt with a woman who 20-years ago made a bad decision and now wants to go back to nursing school but is finding that CaseNet is putting a damper on that idea.” DeGroot said he’d be open to ideas from his colleagues on just how to tweak CaseNet. For now, his original plan would have these

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transgressions hidden or wiped from CaseNet after five years but would still be available to law enforcement officials and prosecuting attorneys. “Once people have paid their debt to society, they should be free of that and free to be able to get back and resume their lives without this hanging over them and prohibiting them from being able to get back into the workforce,” DeGroot said. In the interim, DeGroot said he will be talking to people who are interested and establish a more concrete plan for reform. He did, however, praise the Mis-

souri Supreme Court for its work on CaseNet. “Now it’s very easy to use, not only by law enforcement and the courts but the general public, and it’s free,” he said. “In my opinion, we have one of the best systems in the United States. I think that’s important to recognize.” In his State of the Judiciary address earlier this year, then-Chief Justice Zel Fischer did say lawmakers would need to approve additional funding for CaseNet to improve and implement system updates for the decades-old technology.


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The Missouri Times

CULTURE

Lobbyist Moves Activity Date\Lobbyist Name\Principal\From\To 07/11/2019 Fairfield, John H KC For High Speed Rail LLC aka KC4HSR 12/18/2018 07/11/2019 07/10/2019 Altmann, Jeffrey Revival 98 03/01/2019 07/10/2019 Eaton, Alex Thomas Clovr 07/10/2019 07/10/2019 Eaton, Alex Thomas Harvest 07/10/2019 07/10/2019 Eaton, Alex Thomas Curador Holdings Inc. 07/10/2019 07/10/2019 Eaton, Alex Thomas Secure Elections Project 07/10/2019 07/10/2019 Eaton, Alex Thomas Omnigo Software 11/01/2017 07/10/2019 07/10/2019 Eaton, Alex Thomas Simple Contacts 04/04/2018 07/10/2019 07/10/2019 Eaton, Alex Thomas University of Missouri Health Care 10/12/2017 07/10/2019 07/10/2019 Eaton, Alex Thomas Warby Parker 04/04/2018 07/10/2019 07/10/2019 Eaton, Alex Thomas Seven Points Cultivation 01/07/2019 07/10/2019 07/10/2019 Eaton, Alex Thomas SHI International Corporation 01/09/2019 07/10/2019 07/10/2019 Eaton, Alex Thomas KCP&L 07/18/2016 07/10/2019 07/10/2019 Eaton, Alex Thomas Axis Medical 03/13/2019 07/10/2019 07/10/2019 Gamble, John Wal-Mart Stores Inc 07/10/2019 07/10/2019 Gamble, John Washington University 07/10/2019 07/10/2019 Gamble, John Wine Institute 07/10/2019 07/10/2019 Gamble, John Ticketnetwork 07/10/2019 07/10/2019 Gamble, John True Care Pharmacy 07/10/2019 07/10/2019 Gamble, John Union Electric Co. DBA Amerenue, Ameren Services, Ameren Corp. 07/10/2019 07/10/2019 Gamble, John USS Missouri Memorial Association 07/10/2019 07/10/2019 Gamble, John State Technical College of Missouri 07/10/2019 07/10/2019 Gamble, John Stowers Institute For Medical Research 07/10/2019 07/10/2019 Gamble, John Swope Health Services 07/10/2019 07/10/2019 Gamble, John Special School District of St. Louis County 07/10/2019 07/10/2019 Gamble, John Renovate America Inc 07/10/2019 07/10/2019 Gamble, John Rx Outreach 07/10/2019 07/10/2019 Gamble, John Signature Medical Group 07/10/2019 07/10/2019 Gamble, John Saint Louis Zoo Association 07/10/2019 07/10/2019 Gamble, John RAI Services Company 07/10/2019 07/10/2019 Gamble, John Primary Marking System, Inc. 07/10/2019 07/10/2019 Gamble, John Quest Diagnostics 07/10/2019 07/10/2019 Gamble, John Prairie Township Fire Protection District 07/10/2019 07/10/2019 Gamble, John Penn National Gaming 07/10/2019 07/10/2019 Gamble, John Pharmacy Business Associates 07/10/2019 07/10/2019 Gamble, John Preferred Family Healthcare 07/10/2019 07/10/2019 Gamble, John National Restaurant Association 07/10/2019 07/10/2019 Gamble, John NRDC

Action Fund, Inc. 07/10/2019 07/10/2019 Gamble, John Paul Callicoat 07/10/2019 07/10/2019 Gamble, John Netflix c/o MultiState Associates Inc. 07/10/2019 07/10/2019 Gamble, John MOSERS 07/10/2019 07/10/2019 Gamble, John Missouri Workforce Housing Association 07/10/2019 07/10/2019 Gamble, John Missouri Society of Anesthesiologists 07/10/2019 07/10/2019 Gamble, John Missouri State Alliance of YMCAs 07/10/2019 07/10/2019 Gamble, John Missouri Sheriffs Association 07/10/2019 07/10/2019 Gamble, John Missouri Society For Respiratory Care 07/10/2019 07/10/2019 Gamble, John Missouri Rising 07/10/2019 07/10/2019 Gamble, John Missouri Small Telephone Companies Group 07/10/2019 07/10/2019 Gamble, John Missouri Hotel & Lodging Association 07/10/2019 07/10/2019 Gamble, John Missouri Railroad Association 07/10/2019 07/10/2019 Gamble, John Missouri Residential Care Association 07/10/2019 07/10/2019 Gamble, John Missouri Pharmacy Association 07/10/2019 07/10/2019 Gamble, John Missouri Dental Association 07/10/2019 07/10/2019 Gamble, John Missouri Dermatological Society Association 07/10/2019 07/10/2019 Gamble, John Missouri Fire Service Alliance 07/10/2019 07/10/2019 Gamble, John Missouri Health Care Association 07/10/2019 07/10/2019 Gamble, John Missouri Coalition for Lifesaving Cures 07/10/2019 07/10/2019 Gamble, John Missouri Coalition of Children’s Agencies 07/10/2019 07/10/2019 Gamble, John Missouri Collectors Association 07/10/2019 07/10/2019 Gamble, John Missouri College of Emergency Physicians 07/10/2019 07/10/2019 Gamble, John Missouri Association of County Developmental Disabilities Services 07/10/2019 07/10/2019 Gamble, John Missouri Automobile Dealers Association 07/10/2019 07/10/2019 Gamble, John Missouri Beverage Association 07/10/2019 07/10/2019 Gamble, John Missouri Circuit Clerks Association 07/10/2019 07/10/2019 Gamble, John Missouri Ambulatory Surgery Center Association 07/10/2019 07/10/2019 Gamble, John Missouri Association for Career and Technical Education 07/10/2019 07/10/2019 Gamble, John Missouri Association of Councils of Government 07/10/2019 07/10/2019 Gamble, John MI2 Operating Systems LLC 07/10/2019 07/10/2019 Gamble, John Missouri Academy of Physician Assistants 07/10/2019 07/10/2019 Gamble, John LKQ Corporation 07/10/2019 07/10/2019 Gamble, John Maxim Healthcare Services Inc 07/10/2019 07/10/2019 Gamble, John Independent Colleges & Universities of Missouri 07/10/2019 07/10/2019 Gamble, John Kansas City Missouri 07/10/2019

Rep. Matt Sain is running for minority assistant floor leader (KADEN QUINN/THE MISSOURI TIMES).

Sain looks to serve caucus as assistant minority floor leader By Alisha Shurr A freshman representative who defeated an incumbent to flip a red seat blue, is seeking to step up to party leadership. On Friday, Rep. Matt Sain announced through an email to colleagues his intention to run for assistant minority floor leader. The position has been vacant since the end of April when Rep. DaRon McGee resigned from the Missouri General Assembly. “I believe that the position of assistant floor leader should be held by a member who can assist in running the floor, direct members to speak on bills, and who has an

expansive knowledge of our House rules,” Sain said in a statement. “This is especially important when less than five Democratic bills were introduced on the floor this past session. The majority is stifling our voices and our constituents’ voices.” Residing in Kansas City, Sain was first elected to the Missouri House in 2018, successfully defeating incumbent Republican Rep. Kevin Corlew. In his first session, he focused on improving public schools, senior services, and Medicaid. He also pushed for the Missouri Nondiscrimination Act (MONA) — which he was able to get to the floor as a proposed amendment, though the underlying amendment was

withdrawn by the Republican lawmaker. He was successful in adding an amendment to SB 210 to designate the St. Louis Blues as the official hockey team of the state of Missouri. Sain noted that his experiences in the House “has allowed me to see the positive differences we can make through our continued hard work and diligence to tackle the tough issues facing our state.” He plans on reaching out to the members of his party to discussion legislative agendas, as well as how as a caucus they can more effectively advocate in the General Assembly. Sain said he is looking forward to those visits.

Campbell hired as HRCC political director By Alisha Shurr The Missouri House Republican Campaign Committee (HRCC) has a new political director: Chase Campbell. July 8th marked the first day on the job for the former-legislative aide. Campbell’s new roles encompasses as variety of duties from recruitment to strategic planning. “HRCC is the strongest, most effective team in Missouri politics and I am honored to join the team full- time,” Campbell said. “While I’ll miss working alongside the caucus daily in the Capitol, I look forward to leading them in their re-election efforts and building upon HRCC’s victories.”

The political director has traditionally assisted the executive director in strategic planning and organizational supervision along with aiding in recruiting, training, equipping, and assisting Republican candidates for the Missouri House. Campbell will be working alongside Executive Director Casey Wheat as part of HRCC’s professional staff. Campbell most recently worked as a legislative assistant in the Missouri House. He previously served as the central Missouri regional director for HRCC during the 2018 election cycle and as a Boone County field staffer during the 2016 election cycle. As a student at the University of Mis-

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souri, Campbell interned in U.S. Senator Roy Blunt’s office. “Chase has shown steadfast commitment to building and maintaining a Republican supermajority in the Missouri House,” Majority Floor Leader Rob Vescovo said in a statement. “His work ethic and relationships with caucus members will make him an outstanding addition to HRCC.” “HRCC is excited to welcome Chase to the team in a full-time capacity. Chase is a talented up-and- coming political professional and I have no doubt that he will play a tremendous role in leading HRCC and our majority to new heights,” Speaker Pro Tem John Wiemann said in a statement.


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The Missouri Times

Building a renewable energy future we can all rely on.

KCP&L is committed to delivering safe, reliable, and sustainable energy – today and for generations to come. That commitment helped us generate 22% of our electricity from wind power in 2018. It’s also why we expect to have awarded more than $100 million in solar rebates to our Missouri customers by 2023. Learn more about how we’re embracing renewable energy resources and energy efficient solutions to help power a brighter future.

Please visit us at kcpl.com/environment

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