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| Senator Holsman's Legislative Update for October 3, 2013 | |||||||||||||||||
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| Join Us For Upcoming Town Halls Throughout the 7th Senate District | |||||||||||||||||
Throughout the month of October, Sen. Holsman will be visiting with constituents in a series of town hall meetings scheduled in each State Representative District that makes up the 7th Senate District. There will be four opportunities to visit with Sen. Holsman and the corresponding State Representative in each area. Topics of discussion will include a review of the 2013 legislative session, review of the 2013 veto session, and a preview of the 2014 legislative session. There will also be an opportunity for question and answers from audience members. Hope to see you at one of these upcoming meetings.
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| Review of the 2013 Legislative "Veto" Session | |||||||||||||||||
Following the 2013 legislative session Governor Nixon took action on each individual piece of legislation that passed through both the House and Senate. Governor Nixon vetoed 29 pieces of legislation as well as issued four line-item vetoes. Those vetoed measures were reconsidered by the General Assembly in mid-September. Whereas in regular session a piece of legislation can pass through a body with a simple majority vote, vetoed bills can only be overridden with a two-thirds constitutional majority vote (109 votes in the Missouri House, and 23 Votes in the Missouri Senate). The legislature overrode ten pieces of legislation previously vetoed by Governor Nixon. Listed below are those vetoed measures, with an accompanying link to the Governor's original veto letter indicating the precise reason for rejecting the bill.
Legislation Overridden by Constitutional two-thirds majority during 2013 Veto Session: *TAFP stands for "Truly Agreed and Finally Passed", the term used to describe a piece of legislation that has passed through in its final version both the House and the Senate during regular session.
HB 19 (STREAM), Section 19.006: Line-item veto of $1 million from the Fair Share Fund for the reconstruction of the Pike-Lincoln Technical Center. Veto Session: House, 112-47; Senate, 28-5 In his veto message, Gov. Nixon said the appropriation conflicts with RSMo. 149.015.7, which says money from the Fair Share Fund shall be distributed to local public school districts in accordance with the state Foundation Formula.
HB 278 (BRATTIN): Prohibits any state or local governmental entity; public building, park or school; or public setting or place from banning or restricting the practice, mention, celebration or discussion of any federal holiday. TAFP: House, 114--32; Senate, 28-2. Veto Session: House, 114-45; Senate, 24-9
In his veto message, Gov. Nixon said the broadly worded bill "constitutes a direct assault on local government authority and curtails the flexibility that cities and counties need to address pressing public safety concerns." In particular, Nixon said the bill, perhaps inadvertently, prohibits the enforcement of local fireworks ordinances around Independence Day and allows government employees to demand leave from work to celebrate any federal holiday. HB 329 (DUGGER): Changes the laws regarding financial institutions. TAFP: House, 143-17; Senate, 34-0. Veto Session: House, 109-51; Senate, 25-9 In his veto message, Gov. Nixon objected to the bill's doubling of the maximum fees that payday, title and consumer installment lenders can charge customers. Nixon also said the bill creates a loophole in strong consumer protections relating to pre-need funeral contracts enacted in 2009 following the 2008 financial collapse of National Prearranged Services Inc., Missouri's largest seller of pre-need funeral plans. HB 339 (WIELAND): Prohibits uninsured drivers from collecting non-economic damages in lawsuits against an insured driver alleged to be at fault for an accident. TAFP: House, 104-55; Senate, 32-1. Veto Session: House, 109-51; Senate 26-8 In his veto message, Gov. Nixon said the bill "is riddled with ambiguity that will generate excessive litigation over how and to whom its provisions would apply." HB 650 (ROSS): Changes the laws regarding the Department of Natural Resources. TAFP: House, 94-63; Senate, 22-10. Veto Session: House, 110-50; Senate, 26-8. In his veto message, Gov. Nixon said a provision of the bill restricting punitive damages against a single company, Doe Run Resources Corp., in lawsuits related to lead contamination violates the Missouri Constitution's prohibition against "special laws" that apply only to certain companies or individuals instead of generally. Since the bill seeks to apply the restriction to existing cases, Nixon said it also violates Article I, Section 13 of the Missouri Constitution, which prohibits laws that are retrospective in operation. HB 1035 (KELLEY): Changes the laws regarding political subdivisions. TAFP: House, 144-0; Senate, 31-1. Veto Session: House, 117-44; Senate, 26-8 In his veto message, Gov. Nixon said a provision of the bill authorizing cities to annex neighboring unincorporated areas simply by adopting an ordinance doing so, and without a vote of residents in the area to be annexed or declaratory judgment by a court, deprives affected residents of the ability to reject an attempted annexation. SB 9 (PEARCE): Omnibus agriculture bill. TAFP: House, 133-21; Senate, 32-1. Veto Session: House, 111-50; Senate, 23-10. In his veto message, Gov. Nixon said a provision of the bill allowing up to 1 percent of Missouri agricultural land to be foreign owned did not go through the committee process to receive a sufficient public vetting. Foreign ownership of Missouri agricultural land is prohibited under existing law. Nixon also said another provision creating the new crime of animal trespass is poorly worded and could lead to animal owners being criminally charged for benign actions. SB 110 (BROWN): Establishes procedures to follow in child custody and visitation cases for military personnel. TAFP: House, 154-0; Senate, 33-0. Veto Session: House, 109-52; Senate, 25-9 In his veto message, Gov. Nixon said a "well-intentioned" provision of the bill pertaining to background checks on foster parents "instead proposes a convoluted and cumbersome solution to a process that can be streamlined in a simpler, more straightforward manner." Nixon also said the provision is unrelated to the underlying bill in violation of state constitutional provisions prohibiting legislation that is changed from its original purpose or that contains multiple subjects. SB 129 (SATER): Establishes the Volunteer Health Services Act to allow for licensed health care professionals to provide volunteer services for a sponsoring organization. TAFP: House, 115-41; Senate, 28-6. Veto Session: House, 109-52; Senate, 25-9 In his veto message, Gov. Nixon objected to a provision of the bill providing volunteer health care providers with immunity from civil liability. "It would be bad public policy to deny individuals who receive poor medical care access to the legal system simply because the person who provided the care was a volunteer," Nixon said. SB 170 (CHAPPELLE-NADAL): Allows elected members of public governmental bodies participating in a meeting via videoconferencing to cast roll call votes. TAFP: House, 142-8; Senate, 34-0. Veto Session: House, 109-51; Senate, 31-3 In his veto message, Gov. Nixon said requiring elected officials to be physically present in order to vote, as existing law mandates, "is a small and reasonable obligation placed on office holders. Removing that requirement erodes this very basic level of engagement we must expect from our officials."
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| A History of "Veto" Session in the Missouri State Legislature | |||||||||||||||||
The practice of convening a separate legislative session solely for the purpose of reconsidering vetoed bills is only about four decades old and evolved from a series of constitutional amendments ratified in 1952, 1970, 1972 and 1988. Prior to 1952, the General Assembly did not have a mandatory adjournment date for regular legislative sessions. As a result, lawmakers could simply recess until the governor's constitutional deadline for acting on bills had passed and then reconvene the regular session to consider veto overrides. When mandatory adjournment dates were established, however, it created a situation in which lawmakers had no opportunity to attempt overrides on bills vetoed after the legislative session had ended The mandatory veto session provided a solution to this problem and was adopted as part of a 1970 constitutional amendment that also established annual regular legislative sessions. (Previously, the General Assembly only regularly met in odd-numbered years.) A 1972 constitutional amendment tweaked the veto session provision to clarify that bills vetoed late during the regular legislative session, but prior to adjournment, also can be taken up during a veto session. Under both the 1970 and 1972 versions, veto sessions were only held in even-numbered years. So, from 1971 through 1988, bills vetoed from the first regular session of a given General Assembly stood reconsidered during the second regular session held the next year, and vetoed bills from the second regular session stood reconsidered in the separate veto session held the following September. Another constitutional amendment in 1988 created the existing practice of holding annual veto sessions.
GOV. NIXON'S VETOES Gov. Jay Nixon vetoed 29 of the 145 non-appropriations bills passed by the General Assembly during the 2013 legislative session. He also issued four line-item vetoes to eliminate $1.135 million in spending from three of this year's 17 appropriations bills. In 2012, Nixon vetoed 14 bills and issued three line-item budget vetoes. In 2011, Nixon also vetoed 14 bills, while making a single line-item veto. In 2010, he vetoed just five bills and made one line-item veto. In 2009, he vetoed 23 bills and issued 65 line-item budget vetoes. During Nixon's first four years in office, the Republican-controlled General Assembly overrode the Democratic governor twice, on a congressional redistricting bill in 2011 and on a 2012 bill allowing employers and insurance companies to refuse to provide coverage for contraception under employee health benefit plans. A federal judge later ruled the contraception bill unconstitutional. Gov. John Dalton, a Democrat, set the single-session veto record in 1961 when he rejected 35 bills. The legislature did not override any of those vetoes. More recently, Gov. Bob Holden, also a Democrat, vetoed 30 bills from the 2003 regular session, plus two more from a subsequent special session for a total of 32 vetoes that year. Lawmakers overrode him on three bills, all from the regular session. |
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| JobOne Opens New Facility in Grandview | |||||||||||||||||
On Thursday September 19th area leaders joined Aaron Martin, CEO of JobONE, and staff for the ribbon cutting of their new facility at 4405 E. 140th Street in Grandview, MO. It was only five years ago that their original facility hosted its ribbon cutting. Then operating as Foundation Workshop Incorporated (FWI), the facility was Grandview's first community drop-off recycling center at a site on Main Street. JobOne is a nonprofit agency that provides jobs for adults with disabilities in the Kansas City region through partnerships with government organizations and the business community. JobOne Recycling Services operates the drop-off recycling center largely with the help of adults who have developmental disabilities. JobOne aims to expand community employment options for people with disabilities while promoting sustainability in Grandview and providing valued services to local businesses and residents. Despite the heat at the ribbon cutting, an estimated 85 people attended the event to support the recycling center's growth, including JobOne staff and board members, recycling center workers, customers, vendors, Grandview city staff and aldermen, Grandview Chamber of Commerce staff and community members. Speakers included Grandview Public Works Director Dennis Randolph, Missouri Sen. Jason Holsman, Missouri Rep. Joe Runions and Jake Jacobs, executive director of Development Disability Services of Jackson County. A performance by local musical entertainer Eco Elvis kept the mood festive as people toured the building and asked questions.
Sheltered workshops were created as a safe and caring environment for people with disabilities to join the workforce. In the past several decades JobOne has grown into more than a traditional sheltered workshop with 20% of their employees working at community-based businesses. To learn more about JobOne, and its contribution to the community click here. |
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| Local School Districts Receive High Marks on MSIP 5 | |||||||||||||||||
"Investing in education is the best economic development tool there is," Gov. Nixon said. "The students at Grandview and Liberty High Schools, and throughout the Kansas City area, demonstrate a positive return on our investment with their solid test scores and high number of graduates going on to college. Kansas City is known for fostering innovation and entrepreneurship, and it's clear that the next generation of leaders can be found right here in our area high schools." Also of note is Lee's Summit West High School who was recognized as a 2013 "Blue Ribbon School" by U.S. Department of Education Secretary Arne Duncan. Blue Ribbon Schools are selected by rigorous criteria set by the U.S. Department of Education in an effort to identify and recognize some of the most successful schools in the nation. For 2013, only 286 schools were selected for this level of distinction of which Missouri has eight schools. To learn more about Blue Ribbon schools click here. Find the Governor's press release on his trip to Kansas City here. To learn more about MSIP 5 please visit this link. |
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| Conservation Department Update | |||||||||||||||||
Upcoming Events at the Anita B. Gorman Conservation Discovery Center
Explore ten acres of gardens, wetlands, walkways and wildlife that surround the Department of Conservation's Anita B. Gorman Conservation Discovery Center building, located near the banks of Brush Creek at Troost Ave. in Kauffman Legacy Park. The environmentally friendly building houses information and outreach services of the Missouri Department of Conservation. The Department is hosting several events in the Kansas City Region. Here's a partial list of upcoming events at the Anita B. Gorman Conservation Discovery Center. Face your Fear Spooktacular Location: Anita B. Gorman Conservation Discovery Center Walk-in (all ages) Do creepy crawlies make your skin crawl? Many people are afraid of something in nature. Today is a day to overcome some of those fears. Participate in fun games and interact with some living creatures that will help you understand and feel more comfortable with our natural neighbors. Meet and learn about some of nature's most misunderstood creatures. Did you know? Each year, 10,000 to 12,000 citizens volunteer more than 250,000 hours to Department programs such as Stream Teams, Forest Keeper, Master Naturalist, Hunter Education, nature and education centers, and shooting ranges. For more information please visit: In the News! Emerald Ash Borer in Missouri
Location: Anita B. Gorman Conservation Discovery Center No registration required (adults; ages 14+ are welcome to attend with an adult participant) Since its arrival in Missouri in 2008, the emerald ash borer (EAB) poses a serious threat to our ash trees. Join us at Discovery Center where Urban Forester Wendy Sangster will discuss the history and current status of EAB in the US and Missouri. Wendy will discuss the emerald ash borer, its effects on ash trees, methods to reduce the spread of EAB and management options. A reception with light hors d'oeuvres will start at 6:30 p.m. followed by the presentation at 7 p.m. Stop by the Missouri Department of Conservation's Burr Oak Nature Center for special events, hike a trail on your own or get acquainted with some fantastic Missouri wildlife. Free and open to the public. Teachers are invited to schedule a program that will enhance grade-level expectations. The Department is hosting several events in the Kansas City Region. Here's a partial list of upcoming events at Burr Oak Woods Nature Center:
What's for Dinner?
Location: Burr Oak Woods Nature Center Time: 3:30 PM Walk-in (all ages) Discover what's for dinner at Burr Oak Woods as the captive amphibians, fish and turtles enjoy their feast every Wednesday and Saturday. The snakes are fed every other Friday (Oct. 4 & 18). For more information email burr.oak@mdc.mo.gov. Introduction to Deer Hunting
Location: Burr Oak Woods Nature Center Registration required at 816-228-3766 (ages 11+ with an adult) Have you thought about hunting but just don't know where to start? Deer hunting is a challenging yet exciting tradition here in Missouri. Come out to Burr Oak Woods and learn the basics of pursuing white-tailed deer. We will cover everything from scouting locations to hunting methods and processing your own deer and more. For more information email burr.oak@mdc.mo.gov.
Did you know? There are 520,000 deer hunters and over two million wildlife watchers in Missouri? In addition, Missouri's deer herd is an important economic driver supporting 12,000 Missouri jobs and providing a $1 billion annual boost to state and local economies.
Find a Hunter Education Class
Click here to see a list of scheduled courses this winter and spring. Check back regularly as classes are periodically added. MDC recently revised its Hunter Education curriculum to enhance student convenience and emphasize mentorship and hands-on training. Did you know? Low permit cost is one more reason Missouri is a great place to hunt and fish. For comparison, Missouri residents pay $12 for an annual fishing permit, while residents in the eight neighboring states pay an average of $20.80 for the same privileges. Missouri's $17 Resident Any-Deer Permit is a fantastic bargain compared to the average of $46.63 for equivalent privileges in surrounding states.
Upcoming Events and Classes at the Lake City Shooting Range
Stop by the Conservation Department's Lake City Shooting Range to practice your shooting skills, attend a hunter education class or attend an outdoor skills class. The Department is hosting several events in the Kansas City Region. Here's a partial list of upcoming events at the Lake City Shooting Range:
Women's Firearms Safety Phase II
Location: Lake City Range Registration required (Women only, 18 & up) Pre-requisite is Phase I! Let's learn more about handguns! This course is designed for women who are interested in gaining more information about firearms. Topics discussed will include storage of firearms, different types of handguns and calibers. Build your marksmanship skills with more range time then learn to clean your firearm. To register, call 816-249-3194.
Field to Freezer
Location: Lake City Range Registration required. (All ages) What do you do after you have harvested your deer? This course will demonstrate how to properly field-dress a deer, then skin and quarter it for getting it back to your vehicle. For those of you who have a big buck to take to a taxidermist, we will show you the proper techniques to preserve that trophy. After you have quartered your deer, you will learn how to properly cut up the deer into choice cuts for your freezer. To register, call 816-249-3194 or sign up at the check-in window.
Did You Know? The Department hosts more than 2,000 programs with instruction in hunting, fishing, trapping and shooting sports, with more than 114,000 people attending annually. More than 1 million individuals have graduated from the Missouri Hunter Education Program. |
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