Missouri Times - March 26, 2018 by Missouri Times

The Missouri Times

MARCH 26, 2018

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MEC SCREECHES TO HALT PAGE 7

TRIAL SET FOR

MAY 14 Motion to move trial to April denied PAGE 11

PAGE 5

RTW VOTE: WHEN?

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Missouri Times

EDITORIAL

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NAFTA important to all Missourians By Matt Yutzy I was recently fortunate enough to meet President Trump after he landed at the Lambert Airport in St. Louis and we had a short interaction before he headed off to speak with Boeing. There, discussion was planned to revolve around how tax cuts have stimulated our economy. I’m certain the North American Free Trade Agreement (NAFTA) was also a likely topic. It was exciting to meet the President of the United States and shake his hand; I wore my MAGA hat as I was an early supporter of his campaign. I have supported Trump and much of his agenda. Although some trade deals aren’t going great and aren’t in the best interest of Americans, the agreement with Canada and Mexico, NAFTA, has been very beneficial for Missourians. My business relies on products from Canada, for instance, and a tariff on this products will only cost my business and my customers more. We are an agriculture state and the impact on farmers and Missouri in particularly will be most significant. The Show Me State exported more than $3.6 billion dollars of agricultural products in 2016 with 51% of all exports going to Mexico. Missouri’s pork exports to Mexico would be

subject to a 10% tariff if the U.S. were to withdraw from NAFTA and a 25% tariff imposed on beef. Missouri’s farmers are depending on the Trump Administration to maintain a positive relationship with Canada and Mexico as free-trade markets for agricultural products. Since the agreement’s inception in 1994, NAFTA has made a positive difference for Missouri’s farmers and ranchers. We have seen growth in export figures nearly triple since 2000 when exports were $1.3 billion for agricultural goods. Our state is dependent upon the success of the agriculture industry as it trickles down into every aspect of economies for the small towns spread across Missouri. If the farmers in my home area of Osage County are not doing well financially, they will not be able to do as much business and the effects ripple throughout the community. Missouri’s farmers and ranchers along with the small towns where they reside are dependent upon NAFTA to remain in place. There are points in the agreement needing to be updated to meet the needs of 21st Century commerce. President Trump’s tax cuts have made a positive impact on farmers and small businesses. I hope the Trump Administration will continue working through negotiations for free-trade markets with Canada and Mexico to keep America great.

The Missouri Times

TWEETS

Dana Rademan Miller @DanaRademan At the #MoCapitol this AM-crews from #JCMO Meyer Electric removing bronze griffin lamps-which are enroute to #STL to be cleaned & refurbished @MissouriOA #moleg https://capitol.mo.gov/

OF THE WEEK

Highlights in 280 characters or less.

Tim N @T_N_B7 Greitens not wanting a jury trial is ultimate voter suppression effort. #moleg

PHOTO OF THE WEEK

Ryan Silvey @RyanSilvey Today’s lesson in Utilities: 1. The PSC regulates Steam Utilities. 2. Steam is still a thing. #TheMoreYouKnow Lauren Trager @LaurenTrager Judge told parties he would not be influenced by things “West of here,” referring to #moleg Committee investigating Gov @ EricGreitens . @KMOV

HOT LIST

SPRING BREAK

It was needed, but now it’s over. Before the break, the legislature went through hundreds of bills, with four TAFP and close to 100 total to the other chamber. It’s safe to say this will not be a record-breaking low year.

CALENDAR

For subscribers and legislators, a version of the weekly Capitol Calendar

has been made that can sync to any calendar software like Outlook, Apple Calendar, or Google Calendar. Not a subscriber? You can subscribe just to the calendar and leave the keystrokes and staff time to us.

30 UNDER 30

Look in late April for the new Magazine, featuring the 30 Under 30. Team Missouri Times wrapped the

copy over spring break and cannot wait to share it with you.

HAWLEY

A partisan letter attacked his office over the Confide app investigation, but his office fought back. Additionally kind of funny to celebrate Sunshine Week in Missouri without strong open records laws. Check missouritimes. com for coverage.

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SUNDAY MORNINGS KANSAS CITY - 38 THE SPOT AT 10:00 A.M. ST. LOUIS - ABC 30 KDNL AT 11:00 A.M. SPRINGFIELD - MCN 22 AT 11:00 A.M. MID-MISSOURI - MCN 22 AT 11:00 A.M.

STREAM ONLINE AT TWMP.TV

The Missouri Times

Could Republicans move right-to-work vote to favor the party in November election? by Benjamin Peters

benjamin@themissouritimes.com

The issue of right-to-work is still up in the air in the Show-Me State, despite the passage of the legislation during the 2017 legislative session, and there are a number of questions still to be answered before voters make the final call on the issue. Though Republicans managed to power the legislation through early in the year, it gave their opponents more than enough time to gather the signatures needed to call for a referendum on the law. And with more than 300,000 signatures, the law was stalled and left to the will of the people. But a number of scenarios could still play out in regard to right-to-work’s mission in Missouri. Swapping dates An interesting turn of events could arrive with a date change for the right-to-work vote. Republican lawmakers are expected to put forward legislation that would move up the timetable, placing Prop A on the August primary ballot instead of the November general election. The ballot measure in effect has been slated for November 6, 2018, but that only holds unless a different date is selected by the General Assembly. Rep. Holly Rehder and Sen. Dave Schatz, the handlers of the right-to-work bill during the last legislative session, both filed resolutions

(HCR 102 & SCR 49) before the deadline seeking to order the election to be moved to Aug. 7, 2018. The intent, Republicans say, is to give voters a chance to weigh in on the matter as soon as possible. To change the dates, the legislature would simply need to sign off on one of the resolutions. Why August? Democrats, however, say the reason for putting the measure on the August primary ballot is for more political reasons. That’s because fewer voters typically hit the polls in an August primary than in a November general election. But more importantly, leaving the proposition on the November ballot could play into the turnout for the general election. If left there, it could mean a higher turnout of Democratic voters, labor union members and supporters, who have historically leaned to the left. And in a year where Republicans are hoping to unseat U.S. Senator Claire McCaskill, it could mean a boost in Democratic numbers. Meanwhile, August elections typically see turnouts more conservative, while also withholding any potentially added support to McCaskill’s election. Some good news for everyone involved is that the Secretary of State’s Office says that changing the date would not affect any costs or absentee ballots.

The battle of two ballots Currently, the only ballot initiative appearing in the November 8 general election is Proposition A, which asks the voters if they want to adopt SB 19, the right-to-work legislation. The legislature, however, has other plans in mind. Currently, SJR 40 and HJR 103, which have been referred to as the “freedom to work” proposals, are also awaiting a vote from the General Assembly. Those resolutions would offer an amendment to put right-to-work into the state Constitution. But aside from actions of the legislature, there are other avenues being tried. Several constitutional amendments have been filed through the initiative petition process and are currently gathering signatures to land on the ballot. The Secretary of State’s Office says that those petitions if having the necessary signatures would be placed on the November ballot unless the Governor were to decide to move it. As the Missouri Consitution states: All amendments proposed by the general assembly or by the initiative shall be submitted to the electors for their approval or rejection by official ballot title as may be provided by law, on a separate ballot without party designation, at the next general election, or at a special election called by the governor prior thereto, at which he may submit any of the amendments. Those filings have until Sunday, May 6, to turn in the necessary signatures, after which they would need to be certified by the Secretary

of State’s Office and the local election authorities, a process that typically takes a couple of months. But what would happen if two opposing initiatives appeared on the same ballot, and both passed? That answer lies in the Missouri Constitution – Section III, Article 51, to be exact. “When conflicting measures are approved at the same election the one receiving the largest affirmative vote shall prevail.” Of course, the assumption would be after that one side would be the presumed loser, and would then turn to the courts in hope of some remedy. Filibuster? If the resolutions in the Missouri legislature are brought forward, it would stand to reason that Democrats would be prepared to filibuster the resolutions. So, the question then becomes: How does one filibuster a resolution in the House? Well, in simplest terms, it doesn’t matter that much, because it would most likely see the moving of the previous question and force a vote. In the Senate, however, the resolution might face a filibuster, and to see how that could play out, one need only look to the last resolution that was filibustered in the Senate. That was SJR 39, in which Democrats took turns standing against the bill for nearly 40 hours, which also ended with a PQ vote, passing the bill onto the House.

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6 THE GENERAL ASSEMBLY

Saying farewell to Rep. Cloria Brown

by Benjamin Peters

benjamin@themissouritimes.com

ST. LOUIS – The Missouri Legislature is mourning the passing of one of their own. Rep. Cloria Brown, after battling cancer, passed away last Sunday evening. The Republican state representative from St. Louis County has served terms in the House since 2011, though not consecutively. Earlier in the legislative session of 2018, Brown shared that she would not be seeking re-election, due to her fight. Legislators and staffers shared their sentiments, saying Brown will be remembered for her staunch and passionate work for her constituents, her dedication in the fight against sex trafficking and to improving the lives of children, her commitment to serving her community, but perhaps the quality she will be most

missed for is her heart. “One of the toughest parts of this job is hearing one of our colleagues has been taken from us all too soon. I would like to offer my condolences to Rep. Cloria Brown’s family. No one took their job more seriously than Cloria. If there was a community event, she was there to offer a helping hand. We will always remember her kind presence and the dedication she had towards her job as a representative and her community,” said Senate President Pro Tem Ron Richard. “Cloria leaves a lasting legacy. She worked tirelessly to help women, children and the most vulnerable. Her efforts were the driving force behind the passage of House Bill 1246, which combats human trafficking. She will be missed,” said Senate Majority Floor Leader Mike Kehoe.

The Missouri Times

THE GENERAL ASSEMBLY

Before losing quorum, MEC selects new chair and vice chair by Benjamin Peters

benjamin@themissouritimes.com

In what might be the final meeting for awhile, due to the lack of a quorum, the Missouri Ethics Commission has elected a new chair and vice chair for its six-member panel. Thursday’s scheduled open to the public portion of the meeting only lasted about seven minutes, with the commission approving minutes from two previous meetings. Commissioner Kim Benjamin was unable to attend the meeting, due to being at a trial, and Commissioner Eric Dirks was also out of town, but the rest attended by phone, except Vice Chair Bill Deeken, who was there in person. March 15 marked the end of the terms for three commissioners: Republican Bill Deeken, Democrat Nancy Hagan, and Democrat Eric Dirks. And with the chair and vice chair on their way out, the commission voted to elect a new chair and vice. Don Summers was named the new chairman, with Kim Benjamin serving as the vice chair. The commissioners also received an update on bills before the legislature, noting that the lobbyist gift ban bill sponsored by Rep. Justin Alferman still sits on the Senate’s informal calendar, but could come up for debate sometime after spring break. They also noted that HB 2223, sponsored by Rep. David Gregory, another one they’ve been watching, just had a hearing before the House Judiciary Committee. The next scheduled meeting is April 25 at 9 a.m. via teleconference.

Senators not happy about lame duck Ethics Commission, suggest that Lt. Gov. make MEC appointments by Benjamin Peters

benjamin@themissouritimes.com

“Beware the Ides of March.” March 15th has always been associated with the betrayal and assassination of Julius Caesar, and has, for more than two millennia, served as a stark warning of caution to politicians. But in the year 2018, the Ides of March carries another reason for concern in the ShowMe State. As of March 15, the terms of three members of the Missouri Ethics Commission – Bill Deeken, a Republican from Jefferson City, and Democrats Eric Dirks of Kansas City and Nancy Hagan of Springfield – have all expired. Without those three members, the six-member commission does not have a quorum, and cannot meet or issue any decisions following March 15. That’s because, unlike other boards and commissions, MEC commissioners cannot serve beyond their four-year terms. “Our statutes require there to be at least four commissioners to conduct the business of the commission, in terms of taking complaints and taking other matters, advisory opinions,” MEC Director James Klahr told the Missouri Times in early March. “There are some things

Dixon. Dixon then discussed the fact that a new ethics complaint had been filed against the Governor this week. Former state Democratic Party Chairman Roy Temple said last week that he would be fil-

“So you’re telling me, Senator, that there’s an ethics complaint filed against the Governor, and that as of tomorrow, there won’t be a quorum on the ethics commission and that in order for there to be a quorum to look at the ethics complaint that was filed against the Governor, the Governor himself will have to appoint someone to the ethics commission,” said Sen. Rob Schaaf. that we have to have four commissioners to be able to do.” However, Klahr explained that the commission has been in this type of scenario before, and that it usually means that complaints would potentially need to be refiled. But members of the Senate are concerned about one thing in particular: to return the quorum to the MEC, Gov. Eric Greitens must make at least one appointment. And that, to some senators, is not OK. “I have been told by Mr. Klahr that, as of tomorrow, they won’t have a quorum, and they won’t be able to look at any complaints,” Sen. Rob Schaaf said while inquiring of Sen. Bob

ing a new complaint that alleged Greitens had falsely reported how his campaign got a hold of the donor list from The Mission Continues, the charity he founded. Temple’s complaint asks the MEC to refer the case against Greitens to a prosecutor and demand that a fine be paid from his campaign. “So you’re telling me, Senator, that there’s an ethics complaint filed against the Governor, and that as of tomorrow, there won’t be a quorum on the ethics commission… and that in order for there to be a quorum to look at the ethics complaint that was filed against the Governor, the Governor himself will have to appoint someone to the ethics commission,”

Schaaf said. Dixon replied with an affirmative. “There was one phrase that came to mind: kangaroo court,” Dixon said. “Even if someone is appointed, my concern at this point is that we have a constitutional crisis on our plate. He would have to appoint someone to decide his case.” Schaaf pointed to the State Board of Education, saying that history shows that the Governor would appoint those who would do his bidding. Dixon said that letting the Governor appoint someone to the Ethics Commission would “violate all principles of checks and balances to allow the accused to appoint the judge.” “How in the world does that work?” Dixon exclaimed. “What can the Senate do to help solve the problem of the Ethics Commission?” Schaaf asked. Dixon said he believed it would be a good idea to find some piece of legislation to serve as a vehicle to allow those appointments to be made by Lt. Gov. Mike Parson. “We need to figure out how to do that,” he said, saying that it was necessary to defeat airs of impropriety. “I’ve had it up to my eyeballs with governors who do not want our advice and tried everything to get around our consent,” Dixon said. “This is the farthest thing from leadership that I have ever seen in my entire life.”

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8 THE GENERAL ASSEMBLY

Still waiting on tuition freeze deal, House committee signs off on budget bills by Benjamin Peters

benjamin@themissouritimes.com

The House Budget Committee has officially wrapped up their work, sending the proposed $28.7 billion budget to the House for approval. Working on the 13 bills Wednesday afternoon, the committee’s work list consisted of more than 80 proposed amendments from the committee members, as well as an another 60+ changes from budget chairman Rep. Scott Fitzpatrick. The biggest takeaway from the committee’s work over the course of more than ten hours was in education. The only amendment that was brought forward for the budget of the Department of Higher Education was that of Fitzpatrick. His amendment would reallocate collaborative programs to “respective institutional cores.” It removed $12 million from general revenue and replaced it with $10.2 million, and was passed with a voice vote. The significance of this amendment is that Fitzpatrick’s proposal would grant $37 million in core funds, as well as fund Access Missouri to the tune of $30 million, with one stipulation: universities and colleges must hold tuition at current levels. “If the institutions are going to try to get all the money back and raise tuition, I just don’t like that,” Fitzpatrick said. No agreement has been reached yet, but Fitzpatrick said that the talks are still ongoing. One of the first items targeted with amendments was the foundation formula in the education bill, HB 2002. The first amendment heard by the committee was a $15 million amendment to the budget, proposed by Rep. Kurt Bahr, removing $15

million from the Small School Grant Program and consolidate school districts and add it to the Consumer Directed Services funding and eliminating the 60 percent cost cap. He withdrew the amendment after several members spoke in opposition, with Rep. Craig Redmon saying it was not Bahr’s place to “force consolidation.” Rep. Lyle Rowland said that even tinkering with one line is still tinkering with the education foundation formula. Rep. Bart Korman’s amendment, which sought to decrease the funding by $10 million and add it to foundation transportation, was withdrawn for similar reasons. “The foundation formula is not a sacred cow, it’s a policy with a whole lot of numbers to it,” Bahr said, noting that nobody there had even been present when it was established. He noted that the foundation formula needs to be looked at more closely and that a more equitable way of figuring where the dollars are used should be found. Fitzpatrick said that when they do not fully fund the formula, it could create distortions and cause problems among the school districts, saying that it was his intention to fully fund the formula to keep the status quo.

MoDOT wasn’t immune from the work of the budget committee, either. Both Reps. Spencer and Korman had amendments seeking to ensure that MoDOT would be prohibited from using appropriations for the advancement, development, study or anything relating to toll roads, Spencer’s was passed. An amendment seeking to boost pay for MoDOT employees further than the proposed state worker increase that Greitens proposed was shot down, though the sponsor noted that turnover continues to be an issue for the department. The committee also shot down a proposal diverting $250,000 from a state computer upgrade to fund neighborhood watch programs in St. Louis, and also rejected rep. Kathie Conway’s plan to take $499,999 from saturation patrols and putting it toward vehicle checkpoints. One of the hot topics during last year’s budget work was the metal detectors, and once again it reared its ugly head. This time, however, it was Bahr attempting to be proactive about the metal detectors. He put forward an amendment that took $1 from the Capitol Police budget and set it aside for metal detector maintenance, in an effort to prevent any further funding being used

against the wishes of the legislature. Some tense moments arrived late in the night when the committee was discussing the Bourbon virus. Rep. Justin Alferman put forward some amendments related to the Department of Health and Senior Services. The first one, which passed with a voice vote, cut DHSS’ director’s budget by half, removing 10 full-time employees. The second would remove the state health lab from the Dept. of Health and Senior Services and put it under the Dept. of Public Safety, questioning their ability to do the job. When Rep. DaRon McGee asked whether the Dept. of Public Safety was willing to take on the state health lab, Rep. Fitzpatrick said it didn’t matter what they thought, refusing to hear from DPS on the matter. “That’s bullshit,” McGee said. After standing at ease for a few minutes, both Fitzpatrick and McGee returned and apologized before proceeding. The committee also approved an amendment by Rep. David Gregory, which takes $496,500 from the Medicaid Reorganization Project and placing it the Missouri Health Net Task Force. One of the biggest shocks of the night might have been the fact that, for the second year in a row, Rep. Deb Lavender put forward an amendment, and one of the groups affected by the change was not present to defend their funding. Last year, it was the Missouri Attorney General’s Office, this year, it was the Department of Agriculture. The bills now head to the House, though they are not expected to be taken up until after spring break. Fitzpatrick said they will most likely bring them up that following Monday and lay them over.

Full repeal of prevailing wage passes with narrow margin by Alisha Shurr

alisha@themissouritimes.com

With just seven votes to spare, legislation that would repeal Missouri’s prevailing wage laws was given approval by the House. The bill, a House Committee Substitute for HBs 1729, 1621, 1436, would eliminate the requirement that contractors and subcontractors on public projects pay employees the prevailing wage where the project is being completed. Rep. Jeff Justus’ legislation would instead require workers to be paid the state or federal minimum wage, whichever is higher.

“It’s a bad bill,” said Rep. Kevin Engler, who was one of twenty Republicans that joined Democrats in an attempt to kill the legislation. He predicted the current version of the bill would not pass the Senate. During perfection, Engler said the bill “does not help Missouri” and that it would “create a nightmare.” “We have a bill that is backed by union and non-union contractors that represent a hundred thousand workers and we won’t hear it,” said Engler. “ And yet we have to vote on this.” The bill he was advocating for would set the prevailing wage by county and eliminate the

standard for some altogether. Opponents say fully repealing prevailing wage would lower wages and be bad for construction workers. On the other hand, supporters of the bill argue that by repealing the law, the market would set the wage rate and cost of construction projects would decrease. The debate got contentious when Rep. Jon Carpenter pressed Justus on what cost would actually go down. “What part are you lowering the cost of? Are you lowering the cost of paint, the materials? Or are you lowering the cost of the wages?” asked Carpenter.

“It will bring the wages down,” said Justus. As they continued the discussion, talking over each other at times, Justus portrayed lowering wages as a good thing, a move that would save taxpayer dollars by not setting artificial standards. Carpenter saw it as a bad thing. Ultimately, the bill passed in an 89-62 vote — to pass the House, a bill needs 82 votes in favor — and now moves to the Senate. The upper body of the Missouri legislature is working on their own version of prevailing wage legislation, which falls short of a full repeal at the moment.

The Missouri Times

THE GENERAL ASSEMBLY

House approves Gregory’s bill for state to regulate amateur MMA, kickboxing by Alisha Shurr

alisha@themissouritimes.com

Rep. David Gregory’s “child safety and deregulation bill” was given final approval by the Missouri House on Thursday. HB 1388 would put amateur kickboxing and mixed martial arts under state supervision. In amateur MMA certain moves would prohibited — elbow strikes and knee strikes to the head during the first five bouts — and minors would be unable to participate. “This bill seeks to shift the regulation of mixed martial arts from the sanctioning body to the Office of Athletics. I repeat we are shifting the supervision over. We are not adding regulations,” said Gregory. “As a matter of fact, this bill seeks to eliminate three other regulations within the industry and only add one. We are going to be getting rid of regulations on announcers and managers and we are also going to be eliminating the requirement of cable companies to report their pay-per-view sales. “Now the regulation being proposed is not allowing kids under the age of 18 to get their heads bashed in in a cage fight. They can still

The bill still got some pushback, with opponents arguing that this is an increase in regulations and takes away the rights of parents. The bill would allow the State of Missouri

“While I implore too much government regulation, I think this fits what most of our constituents would say is common sense,” said Rep. Derek Grier. train, they can still fight in all mixed areas of martial arts, they just can’t ground and pound in a cage.”

to regulate a sport it is not currently allowed to regulate thus adding to regulations. This legislation goes against what Republicans say they

stand for, according to the opposition. “Why are we picking and choosing which sports that children can participate in?” asked Rep. Wanda Brown. “It is a parental decision.” Opponents argued that putting age restrictions on these sports takes away to rights of parents to make decisions for their children and puts government unnecessarily in people’s lives. One Representative called the restrictions “only surface level protection.” Supporters say the rules are meant to protect children. Everyone seems to have a consensus that the sport is extremely dangerous, ac-

cording to Gregory. Doing a sport that causes a lot of injury at a young age, when growth plates are still developing and the brain is still developing, has a great potential for harm. While headgear is used for training, the same is not true for actual fights. When competing in the cage, there is no protection. In an exchange on the floor, Rep. Nick Schroer and Gregory talked through placing age restrictions on some things and not others. “Let’s take cigarettes for example,” said Schroer. “Why has the government restricted certain things like cigarettes, that parents just can’t go out and consent, ‘Hey, I’m going to go buy my 12-year-old a pack of smokes.’ Why is that in place?” “It is in place to protect kids,” answered Gregory. “Why cigarettes? Why not playing legos? Why is it cigarettes, we picked in this governing body?” Schroer asked. “Because cigarettes are harmful,” said Gregory. “Just like taking a roundhouse kick to the head without protection,” responded Schroer. Supporters also say that those involved in MMA like this bill. They want to protect the sport and they don’t want people getting hurt or dying. This bill would help protect the integrity of the sport, according to proponents. “While I implore too much government regulation, I think this fits what most of our constituents would say is common sense,” said Rep. Derek Grier. The legislation was sent to the Senate in a 112-29 vote.

Rural broadband grant program moves to Senate by Alisha Shurr

alisha@themissouritimes.com

Legislation establishing a grant program for the installation of broadband internet services in unserved and underserved areas in the Show-Me State is one step closer to become reality. On Thursday, the Missouri House gave final approval of Rep. Delus Johnson’s HB 1872, which will enable corporations and organizations to apply for a grant within the Department of Economic Development to fund up to 50 percent of the installation of broadband infrastructure. The grants will not exceed $5 million. The one caveat to the bill, the money will only be available should it be appropriated.

“I strongly hope that not only does [the] bill pass but that we actually put some money into it,” said Rep. Peter Merideth. “That we stop just

talking about rural broadband and do it.” Roughly 61 percent, or one million people in Missouri, do not have access to broadband internet, according to Johnson. The bill is based on a successful rural broadband expansion plan from Minnesota. Supporters say the bill will help rural Missourian in business, agriculture, and accessibility. In an exchange with Rep. Justin Hill, Johnson walked through the logic and logistics of the legislation. “I want rural broadband to expand but I question the merits of the method,” said Rep. Justin Hill. “If you are forcing an extra expense on a utility company before they can make money over here, they lose incentive, right?” The internet service providers that he talked

to are extremely supportive of the grant program, according to Johnson. The way the bill is written, companies can apply for up to 50 percent funding for a project through the state and still apply for a grant through the FCC, potentially getting the complete cost of the project funded. Hill was curious if this program would slow down development in populated areas but Johnson said that was not the case. The bill has no effect on populated areas, according to Johnson. “The sole intent is unserved areas which are going to be your lower populated areas,” said Johnson. Gathering bipartisan support the bill was sent to the Senate in a 136-11 vote.

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10 EXECUTIVE BRANCH

Schmitt announces Missouri FIRST initiative to help small businesses, farmers by Benjamin Peters

benjamin@themissouritimes.com

SPRINGFIELD, Mo. – Missouri State Treasurer Eric Schmitt is back on the road this week, announcing the revamping of the state’s linked deposit program. Speaking in Springfield, Schmitt announced the launch and rebranding of the program, which will now be called Missouri FIRST (Financing Investment in our Rural, Small Business, and Technology communities). The initiative will be aimed at helping small businesses and agricultural operations grow and expand through the issuing of low-interest loans. “Small businesses and farms are the backbone of our state’s economy, but many that were set back by the recession have been struggling to grow ever since,” Schmitt said. “Missouri FIRST will create jobs for hardworking Missourians and revitalize Main Street by encouraging investment in our state’s economy. This program is about expanding opportunity and reaching our fullest economic potential as a state.” Over the past year, Schmitt and his team have spent time gathering feedback from various small business owners, farmers, and lenders on how the program might be improved to

benefit everyone. By placing an emphasis on cutting the red tape, expanding access and modernizing the system, Schmitt announced several new changes to the program: The lifting of single-use restrictions on borrowed, allowing them to re-apply for loans after their five-year terms are up Eliminating the yearly certifications in order to reduce the amount of paperwork needed from borrowers

DED releases February jobs report Employment in Missouri grew by 6,600 jobs in February, while the unemployment rate remained steady at 3.7 percent. For comparison, the seasonally adjusted U.S. rate was 4.1 percent in February, and the not-adjusted rate was 4.4. Missouri’s seasonally adjusted rate has been lower than the comparable U.S. rate for 34 straight months. Nonfarm payroll employment reached 2,891,300 in February, as most industry groups grew over the month. The largest increase was in administrative, support and waste management services, which grew by 3,600 jobs. Retail trade employment was up by 1,700, while financial activities and health care and social assistance each added 1,100 jobs. Over the past year, Missouri employers added 27,300 jobs, on

net, a gain of 1.0 percent. This growth was concentrated in the private service-providing sectors. Professional, scientific, and technical services added 9,000 jobs over the year, while employment in health care and social assistance grew by 8,400. Administrative, support and waste management services employment was up by 6,400 jobs, while financial activities added 3,500. In the goods-producing sector, durable goods manufacturing employment was up 5,200 jobs, but construction employment decreased by 4,000. Missouri’s smoothed seasonally adjusted unemployment rate was 3.7 percent in February, the same as in January. Neither the total employment figure nor the number unemployed changed significantly from their January levels.

Expanding the eligibility criteria for agricultural loans to increase accessibility Streamlining the linked deposit application process Moving the internal process to a digital interface in order to speed up the approvals for borrowers and save taxpayer money It also marks an opportunity for the state’s investment portfolio, as Schmitt is authorized to invest up to $720 million through the linked

deposit program. “At a time when small businesses are still struggling, Treasurer Schmitt has stepped up to the plate and delivered a solution for kick-starting our economy,” said Dan Mehan, President of the Missouri Chamber of Commerce and Industry. “Missouri FIRST gives our state a new competitive advantage when it comes to creating and retaining jobs.” In addition to job creation and retention, another goal of Missouri FIRST is to encourage rural economic development by increasing linked deposit participation among farmers and ranchers. “Farmers often struggle with securing reasonable financing for starting or expanding their operations,” said Blake Hurst, President of the Missouri Farm Bureau. “Treasurer Schmitt is addressing that problem head-on with Missouri FIRST, which is an important new tool for spurring economic development in rural Missouri.” Existing linked deposit partnerships mean nearly one-third of Missouri lending institutions are already qualified to take part in the program. As of now, there are about 115 qualified Missouri FIRST linked deposit lenders with 350 branches throughout the state. To find a full list of lenders and program eligibility guidelines, visit MOFIRST.mo.gov.

PSC approves seven tariffs and new orders by Benjamin Peters

benjamin@themissouritimes.com

The Missouri Public Service Commission approved seven tariffs and new orders on Wednesday, with the majority of the orders concerning Ameren Missouri and Kansas City Power & Light The first concerned an application from Ameren Missouri seeking the authority to issue $425 million in longterm indebtedness, which they intend to use pay and refinance outstanding short-term debt. No other parties responded in the matter, and the PSC ruled that it was in the public interest to grant the application. The second item of the day concerned Highway H Utilities, which asked authority to transfer water and waste assets to the City of Waynesville and to Pulaski County Sewer District. The commission also reviewed the recommendation from staff regarding Kansas City Power & Light’s semi-annual fuel adjustment clause (FAC) true-up. The company requested a true-up amount of $1,574,675, without interest, which is the result of an under-collection of $1,602,590, an interest calculation error of $30 during Accumulation Period 2, and an over-collection due to a transmission expense error of $27,885

during Accumulation Period 1. For a residential customer using 1,000 kWh (kilowatt-hours) of electricity a month, the FAC will drop by approximately $1.87 a month. The change is expected to take effect on April 1, 2018. The order was passed with a 5-0 vote. The commission also approved a written territorial agreement between Farmer’s Electric Cooperative and the city of Cameron, designating the boundaries of each electric service supplier within portions of DeKalb County. The PSC also approved Veolia Energy Kansas City, Inc.’s adjustment to its PACC tariff, adjusting customer rates to recognize costs, resulting in a reduction of $0.16412 per million pounds (“mlb”) of steam to customer bills. The order passed with a 5-0 vote after a quip from Commissioner Scott Rupp about people “letting off a little steam.” In addition to that, they also signed off on KCPL’s application to modify their technical resource manual (TRM), and add new program measure incentive ranges and change some previously approved program measures incentive ranges. The final approval granted in the meeting concerned the PSC staff ’s prudence review of Ameren Missouri’s fuel adjustment clause, which was approved 5-0.

The Missouri Times

GREITENS TRIAL SET FOR MAY 14 Motion to move date to April denied by Alisha Shurr

alisha@themissouritimes.com

ST. LOUIS, Mo. — A St. Louis Circuit judge has rejected a request to move Gov. Eric Greitens’ trail to the beginning of April. In a Wednesday hearing, Circuit Judge Rex Burlison decided to keep the original trial date of May 14, turning down the defense motion to speed up the trail.

the prosecution challenged that the defense was trying to manipulate the court for political reasons. The Governor is also facing a Missouri House committee investigation that is expected to finish by April 8 — which is after the earlier trial date the defense was seeking. The committee, chaired by Republican Rep. Jay Barnes, will release a final report that will include transcripts of it’s hearing and their findings. “The case is set for the 14th of May regardless of what is happening west of here,” Burlison said. “I’m going to keep what’s going on outside the courtroom away so I’m not influenced.” The defense has also requests for a bench trial instead of a trial by jury. Burlison did not rule on that on Wednesday with a hearing scheduled for March 26 on that request. A bench trial is opposed by Circuit Attorney Kim Gardner. Greitens’ defense cities concerns of finding jurors “untainted” by negative press. Greitens has said he is a victims of a “reckless liberal prosecutor” with an agenda and a judge with be better able to discern lies in the media. “There has been a lot of negative pretrial publicity, a lot of very false statements made, so we think a judge can waid through that pretty easily,” Dowd said.

“The case is set for the 14th of May regardless of what is happening west of here,” Burlison said. “I’m going to keep what’s going on outside the courtroom away so I’m not influenced.” Greitens was charged in February with felony invasion of privacy stemming from an extra-marital affair that took place in 2015. The charges allege that took a photo of the woman who he was having was having an affair without her consent and then transmitted the photograph. The Governor has denied wrongdoing but has not clarified if he took a photo. “Our whole goal from the beginning of when these charges were brought is to get an early trial setting to prove that the Governor is innocent of these charges, which he is,” said Ed Dowd, Jr. Greitens’ defense attorney. The defense argued that the trial should move quickly do to a lack of evidence while

COMMUNITY INVOLVEMENT As a company, we work with a number of community-based partners throughout our service areas to positively impact the overall quality of life where our employees and neighbors live and work. It takes more than a one-time grant or volunteer effort to make a lasting difference, so we seek out and support organizations that understand how to best meet the needs of the community.

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12 INVESTIGATION

Uncertainty surrounds legal defense as a lobbyist gift from former ‘at no cost’ attorneys by Rachael Dunn

rachael@themissouritimes.com

Dowd Bennett exited as the defense for the Governor on a lawsuit against the Governor for using a message-deleting app to conduct state business last week, but not before they registered as lobbyists for Eric Greitens himself – while conducting a pro bono, or “at no cost,” defense. In January 2017, after being sworn in as Missouri’s 56th Governor, Greitens went upstairs to the second-floor office and immediately signed his first order of business, an executive order barring anyone in the executive branch from receiving lobbyist gifts or becoming a lobbyist upon leaving the branch. There are two lines in the executive order that outline the ramifications for violating it. One of the last lines reads: “This Order is intended to provide guidance for employment-related conduct and is not intended to create any right or benefit enforceable by law.” Another line reads: “Any state employee of the executive branch that violates this Order is subject to disciplinary action, up to termination of employment.” It is unclear what the procedure is for the Governor if he, himself, were to accept lobbyist gifts, or if any part of the Governor’s executive order is enforceable. It is also unclear to the Missouri Ethics Commission if the defense constitutes a gift or a lobbyist gift. “I do not know,” James Klahr, executive director of Missouri Ethics Commission, said, saying that it is something the Commission could explore if there were to file a complaint. However, the Governor, who on the campaign trail called lobbyists “snakes,” registered lobbyists for himself in February. Two of those who registered were Ed Dowd

and Jim Bennett, the naming partners of the defense firm eventually appointed by the Attorney General to defend the Governor in a lawsuit brought challenging whether the Governor and his staff could use message-deleting apps, like Confide, to conduct state business – allegedly effectively destroying generally Sunshine-able state records. The two registered on March 3, 2018, speculatively because of the quasi-legislative intricacies of the Governor’s situation who is facing a House committee investigation, as well as investigations from the St. Louis Circuit Attor-

ney’s Office and Missouri Attorney General Josh Hawley. With Dowd and Bennett registering as lobbyists for the Governor while providing legal services “at no cost,” questions have arisen whether the Governor violated his own and first order of business: Executive Order 17-02. “At no cost” was not clarified by the law firm, leaving the Capitol to buzz about how much the Governor was racking up in in-kind and donated legal expenses as he faces multiple investigations ranging from allegations stemming from an affair, ethics laws, and open records laws, as

it isn’t completely clear which of the seven law firms retained by the Governor and his staff are doing what. In addition to wondering whether the Governor receiving “at no cost” legal defense constitutes a lobbyist gift, questions have also arisen as to whether office staff of the Governor’s office would be also inadvertently violating the executive order, as well, if lobbyists were to donate to the recently-created staff legal fund. When asked, Klahr was also uncertain as to whether this would be a violation due to the unprecedented nature of the situation.

Barnes confirms subpoenas have been used in investigation by Alisha Shurr

alisha@themissouritimes.com

Detailed information regarding the progress of the House investigation into Gov. Eric Greitens is being tightly restricted, with Rep. Jay Barnes providing an update without giving any substantive information away. He would not disclose how many witnesses had been interviewed, who has been interviewed, who will be interviewed, or if the probe has been expanded. He did confirm that the committee has exercised their power to subpoena witnesses but did not provide any further information.

“We are moving quickly,” Barnes said. “We have had five hearings in two weeks, spoken to a number of witnesses, there are additional witnesses with whom we plan to speak.” The investigation is expected to be completed within the 40 day time period allotted in the House Resolution. “But I’m going to put an asterisk by that, you can always find some fact out that causes further delay,” said Barnes. There has been a court recorder at the hearings, transcribing the meetings. The transcriptions will be released at the conclusion of the investigation — barring redacted information.

The Missouri Times

CAPITOL CONVERSATIONS CAMPAIGN

Hawley becomes latest target for an ethics complaint by Benjamin Peters

benjamin@themissouritimes.com

Hawley targets McCaskill’s support of Clinton in campaign ad by Alisha Shurr

alisha@themissouritimes.com

In his bid for U.S. Senate, Josh Hawley launched a campaign ad targeting Sen. Claire McCaskill’s support of Hillary Clinton in the 2016 presidential race. “Claire McCaskill stuck to her liberal party line and proudly endorsed Hillary Clinton in 2016, and these latest comments make it abundantly clear how out-of-touch they are with the middle-class way of life we cherish and fight for here in Missouri,” said Attorney General Josh Hawley. “Our hardworking families are tired of being devalued by Washington elites who think they know it all. This is exactly the kind of McCaskill-endorsed rhetoric that will send her home in November.” Clinton can be seen in the video saying “So

I won the places that are optimistic, diverse, dynamic, moving forward. And his whole campaign, ‘Make America Great Again,’ was looking backwards. You know, you didn’t like black people getting rights, you don’t like women, you know, getting jobs, you don’t want to, you know, see that Indian-American succeeding more than you are, whatever your problem is, I’m going to solve it.” Hawley’s campaign is capitalizing on McCaskill being the first lawmaker to endorse Clinton — in June 2013 — in a state where Donald Trump won by nearly 20 points. The Senator has also continued to defend the former-presidential candidate after Clinton has made remarks that don’t portray Missourians in a positive light. In September 2016 Clinton said: “You know, just to be grossly generalistic, you could put half of Trump’s supporters into

what I call the basket of deplorables. Right? The racist, sexist, homophobic, xenophobic, Islamaphobic — you name it.” “She, I think, was wrong in casting such a wide net for the people that I think represent the worst among us, our prejudices and our bigotry that we have in this country,” McCaskill said in response. “But the point she made was a valid point.” When reporters on Capitol Hill asked McCaskill about Clinton’s most recent comments she said: “Oh, come on,” adding, “You’re killing me here.” McCaskill isn’t the only Democratic Senator running for re-election in a red state that is not helped by Clinton’s “backwards” comment. “I don’t really care what she said. I just think that that’s not helpful,” Ohio Sen. Sherrod Brown told the Huffington Post.

Governor Eric Greitens is not the only statewide politician facing an ethics complaint now. Missouri Attorney General Josh Hawley is the latest politician to be named in an ethics complaint filed with the Missouri Ethics Commission this week by Democratic attorney and lobbyist Jane Dueker, former chief of staff for Gov. Bob Holden. The complaint, filed on Tuesday, claims that Hawley did not disclose free legal representation from a Washington, D.C. law firm in his state campaign finance reports or personal financial disclosures. According to a Kansas City Star report, Hawley received pro bono representation from Cooper & Kirk PLLC during his 2016 campaign. The representation in question involves a 2016 lawsuit over an open record request to the University Missouri for the then-professor’s emails and documents. Cooper & Kirk represented Hawley at no cost in that lawsuit, which was dismissed in September 2016. Dueker represented Kevin Elmer, a former state representative who filed the records request and subsequent lawsuit. Elmer filed a lawsuit against Hawley, the University of Missouri and law school dean Gary Myers, accusing all three of “violat[ing] the Missouri Sunshine Law to hide Hawley’s use of state resources as part of his campaign.” Elmer received some of the documents, estimated to be about 25 percent of what he asked for, and then filed suit, calling for an investigation into Hawley’s “improper comingling of University assets and…political activities” before the election. The lawsuit sought to determine whether Hawley inappropriately used university computer resources to benefit his campaign, as well as the allegation that he was improperly given paid leave from the university while raising money for his campaign. Dueker’s complaint says that Hawley is either liable for not listing the free representation as an in-kind contribution or that the services should have been disclosed as a gift on his personal financial disclosure. The filing asks that the Missouri Ethics Commission investigate the alleged violations.

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THINGS THAT HAPPENED LAST WEEK

1. Rep. Cloria Brown passes. 2. 6 attorneys,including a former Supreme Court judge, pen a letter attacking AG Hawleyâ&#x20AC;&#x2122;s Confide investigation. 3. Re-election campaigns kick off, garner strong attendance for incumbents. 4. The Mission Continues subpoenaed in ethics investigation. 5. Missouri Times launches syncing Capitol calendar for subscribers Read on these and more online at www.missouritimes.com. Email your news to pressreleases@themissouritimes.com

The Missouri Times

LOBBYING

Lobbyist Moves Courtesy of the Gate Way Group

Starner to join Cerner’s government affairs team in Western U.S. by Rachael Dunn

rachael@themissouritimes.com

A familiar face in the Missouri Capitol is now expanding her reach to western states. Kristian Starner, currently with Clout Public Affairs, a subsidiary of Axiom Strategies, will soon join Cerner’s government affairs team. Starner will oversee efforts in Northwestern states as a government strategist. “As a Kansas City native with my experience at Axiom and Clout, Cerner was a logical career move,” said Starner. “I couldn’t be more excited to parlay my experiences in Jefferson City and take them to the next level. I look forward to joining Cerner’s team in order to meet

their legislative goals.” Last election cycle, Starner was active in Eric Schmitt’s successful campaign for State Treasurer and she subsequently helped lead the launch of Axiom Strategies’ new public affairs arm, known as Clout Public Affairs. Starner began her career in politics in late 2008, gaining experience working with Brent Hemphill & Associates, one of the top lobbying firms in Missouri. Since this time, Kristian worked on a variety of issues for clients in the education, healthcare and agriculture sector. “It has been an honor to work at Axiom and Clout. Their commitment to data-driven results and follow-through has only made me

a better employee,” said Starner. “I am really excited for this next chapter in my career. The timing was right and everyone at Axiom has been really supportive of this opportunity.” “No one can outwork Kristian Starner,” said Jeff Roe, founder of Axiom Strategies. “In the capitol or from a sales perspective with political campaigns, Kristian was a high-volume employee that got results for clients and our company.” Kristian worked alongside Aaron Baker, the Vice President of Clout Public Affairs, in the state capitol. “It was an honor to work with Kristian and I look forward to watching her successes at Cerner,” said Baker. “She will be an invaluable asset to the company.”

Changes on: 03/19/2018 SOUTHWESTERN BELL Jessica Almy TELEPHONE COMPANY Added THE GOOD DBA ATT MISSOURI AND FOOD INSTITUTE INC ITS AFFILIATES Jordan Goldberg Sarah Topp Added Added AMERICAN NATIONAL INSTITUTE COLLEGE OF OBSTETRIFOR REPRODUCTIVE CIANS AND GYNECOLOHEALTH GISTSMISSOURI SECTION Joanna Grossman Sarah Topp Added THE GOOD Added 1800CONFOOD INSTITUTE INC TACTS INC Rachel Merlo David Willis Added GOOGLE LLC Added Catalyst Group AND ITS AFFILIATES James Avery John Schillo Deleted SCHULTZ Added LUNDBECK MYERS LLC Jeffery N Brooks Eugene Yoscovits Deleted Added AMERICAN CONGRESS QUICKEN LOANS OF OBSTETRICIANS AND Katherine Casas GYNECOLOGISTSMISSOUDeleted SAS INSTITUTE RI SECTION INC Jane Dueker John Schillo Deleted LACLEDE CAB Deleted LUNDBECK COMPANY PHARMACEUTICALS Kathryn Gamble SERVICES LLC Deleted Changes on: 03/16/2018 AMERICAN CONGRESS Julian F Malasi OF OBSTETRICIANS AND Deleted GYNECOLOGISTSMISSOUMALLINCKRODT PHARRI SECTION MACEUTICLAS Cynthia Gamble Changes on: 03/15/2018 Deleted Bradley J Ketcher AMERICAN CONGRESS Deleted OF OBSTETRICIANS AND BALLOT MEASURE GROUP GYNECOLOGISTSMISSOUChanges on: 03/13/2018 RI SECTION Rodney Boyd Brian J Grace Added Deleted SOUTHWESTERN BELL PEDNET COALITION INC TELEPHONE COMPANY Jorgen Schlemeier DBA ATT MISSOURI AND Deleted ITS AFFILIATES AMERICAN CONGRESS Jeffery N Brooks OF OBSTETRICIANS AND Added GYNECOLOGISTSMISSOUAMERICAN COLLEGE OF RI SECTION OBSTETRICIANS AND GYBridget Sharpe NECOLOGISTSMISSOURI Deleted PROFESSIONAL SECTION BEAUTY ASSOCIATION Jeffery N Brooks Kelvin L Simmons Added Deleted MCI AVIATION 1800CONTACTS INC GROUP LLC Katherine Casas Kelvin L Simmons Added Deleted SOUTHWESTERN BELL BRIDGE LEADERSHIP TELEPHONE COMPANY ACADEMY DBA ATT MISSOURI AND Sarah Topp ITS AFFILIATES Deleted AMERICAN Jane Dueker CONGRESS OF OBSTETRIAdded ROBERTSON CIANS AND GYNECOLOFIRE PROTECTION DISGISTSMISSOURI SECTION TRICT Carter Weil William A Gamble Deleted HALCYON Added CAPITAL MANAGEMENT 1800CONTACTS INC LP Kathryn Gamble Changes on: 03/12/2018 Added Andrew B Blunt AMERICAN COLLEGE OF Added AUTORETURN OBSTETRICIANS AND GYJack Cardetti NECOLOGISTSMISSOURI Added PRIORITIES SECTION USA Cynthia Gamble Heath C Clarkston Added Added CIOX HEALTH AMERICAN COLLEGE OF William Cummings OBSTETRICIANS AND GY Added NECOLOGISTSMISSOURI BREVAN HOWARD ASSET SECTION MANAGEMENT LLP Kathryn Gamble Harry Gallagher Added Added CIOX HEALTH 1800CONTACTS INC William A Gamble Cynthia Gamble Added Added AMERICAN COLLEGE OF 1800CONTACTS INC OBSTETRICIANS AND GYBrian J Grace NECOLOGISTSMISSOURI Added SECTION SOUTHWESTERN BELL Cruz Giovanni Garibay TELEPHONE COMPANY Added DBA ATT MISSOURI AND ENOVA ONLINE SERVICES ITS AFFILIATES INC David Michael Jackson David Michael Jackson Added Added 1800CONTACTS INC AMERICAN COLLEGE OF Jorgen Schlemeier OBSTETRICIANS AND GY Added NECOLOGISTSMISSOURI AMERICAN COLLEGE OF SECTION OBSTETRICIANS AND GYChristopher P Moody NECOLOGISTSMISSOURI Added AUTORETURN SECTION Doug Nelson Jorgen Schlemeier Added CIOX HEALTH Added Jay Reichard 1800CONTACTS INC Added AUTORETURN Kelvin L Simmons Kurt Schaefer Added Added CIOX HEALTH

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Paid for by Missouri REALTORS®, John Sebree, CEO.

Support the Missouri First-Time Homebuyer Initiative Here’s how the program works:

Most Americans still dream of owning their own home. Homeownership strengthens communities, provides stability for families and helps build financial strength. But saving enough money for a down payment and closing costs is too hard for many Missourians—especially for young people and those looking to buy their first home. Low paying jobs, the cost of living and high student loan payments are tough obstacles to overcome. Many people don’t know where to start. That’s why we need the Missouri FirstTime Homebuyer Initiative—a new idea to help prospective homebuyers save for their first home.

• Individuals could deposit up to $1,600 ($3,200 for couples) annually into a savings account to go toward a first home purchase.

We should be doing more to help first-time homebuyers— not with government handouts but by providing incentives to encourage people to save more of their own money towards the cost of a home. That’s why we need to ask our legislators to approve the Missouri First-Time Homebuyer Initiative.

• The maximum amount that can be deposited over the life of the account is $25,000; the maximum total amount in the account is limited to $50,000. • Parents or grandparents can contribute to this account as well. • An amount equal to 50% of the annual contribution may be deducted from the contributor’s taxable gross income and any gain within the account would not be subject to state income taxes. • Money from the savings account would have to be used toward the purchase or construction of a first home.

Ask Your Legislator to Support the Missouri First-Time Homebuyer Initiative (HB 1796) Today! MissouriFirstHome.com MO_FTHB_MOTimes_9.75x11.indd 1

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