Cause for Concern No. 1
This week the Senate debated many worthy issues. There are, however, a few issues that we, as the Missouri General Assembly, have not debated that I have been concerned with and wish to address.

The state has long been a leading promoter of ethanol, a corn-based fuel that is blended with regular petroleum gasoline. In 2006, Missouri was one of the first states to mandate that most fuel contain 10 percent ethanol. Despite the objections of many legislators, and the disapproval of the Joint Committee on Administrative Rules, (JCAR) the governor decided to enact a rule that would allow the sale and usage of E15 blends in our state.

I am troubled by the fact that the governor encouraged this rule change despite the fact that the release of the blend is beyond the scope of the 2006 ethanol law. The Joint Committee on Administrative Rules voted last year to not allow the sale of the E15 blend. JCAR is charged with the responsibility to review administrative rules filed by state agencies for compliance with Missouri statutes.  Pursuant to Section 536.014, RSMo., a  rule shall be invalid in the event that there is an absence of statutory authority to promulgate the rule; the rule is in conflict with state law; or the rule is arbitrary and capricious.  Late last year JCAR disapproved a rule promulgated by the Missouri Department of Agriculture that would have allowed greater amounts of ethanol to be blended into the gasoline (E-15) sold for most vehicles.  The decision was based on the fact that the rule went beyond what’s allowed under a 2006 state law that required Missouri gasoline to contain a 10 percent ethanol blend.  It was deemed to be an overreach of power and that the rule was better left to the legislature to make a policy decision, not an executive agency.

But this did not stop behind-the-scenes efforts between the governor and the Department of Agriculture. Together they decided to develop a plan and move forward with a rule allowing the sale of E15.  At this point there is nothing the General Assembly can do to stop this. The change could take effect as soon as May 30 if the Department of Agriculture publishes the rule in time; and the E15 blend could be available as soon as this summer at any of the state’s 3,800 gas stations, if the business chooses to sell the blend.

I do not support the sale of E15; it violates the 2006 law and the ruling by the JCAR, which states: “the Legislature -- not an executive agency -- must make the policy decision about whether to allow it.”

E15 blend may also pose a threat to owners of some vehicles that may accidentally fuel up with the blend, or are unaware that it may not be meant for use in their car.  While it may be a few cents per gallon cheaper than even the E10, many vehicles are not equipped to use the E15 blend, and by filling a vehicle with the blend, it may result in the need for repairs to the engine and possibly void the vehicle’s warranty.

Cause for Concern No. 2
Missouri’s constitution defines marriage as between one man and one woman. In 2004, voters passed a constitutional amendment that bars same-sex marriage in our state.

Just a few months ago, our governor issued an executive order stating same-sex couples, who married in other states, could and should file state income taxes jointly.   The governor claims he is allowing the filings because federal law also allows joint filings, and Missouri law currently requires that the state tax filings mirror those filed with the federal government. Any couple who files a joint federal tax return is now required to file a joint state return.

Missouri is among 32 states that bar same-sex marriage; with the governor’s executive order, Missouri is the only state to allow same-sex couples married elsewhere to file joint returns.

I stand with the people of the state who voted in 2004 to declare marriage to be between one man and one woman in our state. I am deeply worried that the governor issued this executive order knowing full well how the citizens of his state felt. The 2004 vote was overwhelmingly against same-sex marriage in our state. That year, 71 percent of Missouri voters opposed same-sex marriage.

Welcoming Capitol Guests
As always, I appreciate it when groups from around Missouri and from our community back home come to visit me at the Capitol. This week I had visitors from Missouri State Teachers Association; Missouri Library Association; Willow Health Care, Inc.; Ripley County Prosecutor, Chris Miller; members of the Missouri Health Care Association; Dr. Leonard Scott and several other pediatricians from the district; members of the Missouri  Soil and Water Districts; a group of home-schooled children from Willow Springs and last but certainly not least, Andy Miller, assistant district engineer for the Missouri Department of Transportation.

If you would like to arrange a time to come and visit me in Jefferson City, or if you ever have any questions, please don’t hesitate to contact my Capitol office at (573) 751-1882.