Legislative Column for the Week of March 31, 2014
Strengthening the Rule-Making Process for
State Departments

The Missouri Senate spent a considerable amount of time this week debating an issue that has garnered a lot of attention in recent years:  the rule making process for state departments and agencies.

As you know, the Legislature is responsible for passing the laws under which Missourians’ live by. However, due to the highly technical nature of some of these bills, we give broad authority to departments to create the actual rules that implement the law. This is an incredible power, and if left unchecked, is easily abused.

This is exactly what we’ve seen happen, most recently with the Department of Revenue, which implemented new requirements to obtain a CCW permit without any kind of legislative oversight or public input. Countless citizens were outraged, and we worked last year to resolve the problem.

The entire incident could have been avoided if the department simply followed the legislative process for creating new rules, which includes going before the Joint Committee on Administrative Rules to ensure they adhere to state law and don’t represent an undue burden on citizens. The department didn’t do that, and over the last handful of years, fewer and fewer agencies are coming before the committee.

This week, the Senate debated Senate Joint Resolution 42, which, upon voter approval, would require state departments to promulgate rules before the Joint Committee on Administrative Rules. The bill would restore the legislative checks and balances that protect the public from departments that wield a great deal of power.

During debate, a lawmaker offered an amendment to remove the Department of Conservation from this process. I have nothing but the utmost respect for our conservation department. It does a fantastic job of protecting our forests, fish and wildlife so that all Missourians can enjoy some of our greatest resources. But, no agency, even ones that are doing a fantastic job, should be outside the oversight of citizens or their elected representatives.

We also continued debating Senate Bill 739, legislation I’m sponsoring this year to reform and strengthen Missouri’s Medicaid program, also known as MO HealthNet. The issue is one of the biggest currently facing the Legislature. It’s going to take time to craft a comprehensive bill to bolster a program that is facing a financially uncertain future. I expect us to continue working on this bill throughout the rest of the session.

In other news, the Senate approved a measure I’m sponsoring this year. Senate Bill 729 would create a tax credit for companies that donate to innovation campuses, an exciting new program established last year that allows local school districts, higher education institutions and certain businesses to work together to create accelerated degree programs in high-tech fields.

Also up for possible approval soon is Senate Bill 782, which would allow an individual with certification from the American Board for Certification of Teacher Excellence to obtain teacher certification in elementary education. It’s an alternative route to becoming a teacher in Missouri. To strengthen the bill, though, the legislation now requires an additional 30 classroom contact hours.

In addition, the Senate Commerce, Consumer Protection, Energy and the Environment Committee approved Senate Bill 642, which would require proposed surface mining operations to contact all landowners within a half mile of the project. The bill closes a loophole in current state law so that all citizens in the area of a surface mining operation are aware of what’s taking place.

I was happy to meet with a number of Capitol visitors this week, including Linda Wolf, Jennifer Wooldridge and Pattie Christen from the Jefferson County Developmental Disabilities Resource Board; Kim Nash and others with the Parkland Pregnancy Center; Ameren employees Mark Schmitz, Jeff Miller, Alan Halley, and Randall Wakeland; Anna Portell, Deborah Bradley, Christina Davis and R.J. Sloke, along with several social work students, from the University of Missouri-St. Louis and Mineral Area College; numerous constituents from the Communications Workers of America; Mark Conner with the International Association of Machinists and Aerospace Workers from Festus; George Gross, advisor, and Elijah Wilkinson, Megann Finley, Amanda Fasnut and Chris Mathis of the Potosi FFA; and John Moore and Tom Worthen with Moore Funeral Homes on behalf of the Funeral Directors and Embalmers Association. On Tuesday, advocates gathered at the Capitol for Disability Rights Legislative Day. I was happy to meet with so many from our area.

I met with so many constituents and advocates this week that I’m sure I’m missing some. I apologize; although I may have forgotten your name, I have not forgotten your visit or your legislative concerns.

Sen. Romine’s Sponsored Legislation for 2014

Bill Number

Description

Status

Senate Bill 638

Raises the fiscal year cap on the Pregnancy Resources Center Tax Credit from
$2 million to $2.5 million.

Awaiting possible debate on the Senate floor.

Senate Bill 642

Modifies provisions relating to proposed surface mining operations.

Awaiting possible debate on Senate Floor.

Senate Bill 729

Creates a tax credit for donations to Innovation Campuses.

Awaiting approval by the Senate.   

Senate Bill 739

Modifies provisions relating to the MO HealthNet program.

On Senate informal calendar for further debate.

Senate Bill 782 Allows an individual with certification from the American Board for Certification of Teacher Excellence to obtain teacher certification in elementary education. Approved by the Senate; awaiting committee referral in the House.  
Senate Bill 783 Establishes the priority of real property security instruments over other interests, liens and encumbrances.
Awaiting a hearing in the Senate Financial and Governmental Organizations and Elections Committee
Senate Bill 784 Makes a technical change to a statute about anatomical gifts, such as organ donation. Referred to the Senate Veterans’ Affairs and Health Committee.
Senate Bill 800 Authorizes the governor to convey state property to the City of Farmington. Bill combined with Senate Bill 836, which awaits possible debate by the full Senate.

Senate Concurrent Resolution 19

Extends the dissolution date of the Missouri Lead Industry Employment, Economic Development and Environmental Remediation Task Force.

Adopted by the General Assembly.

Contact Me

I always appreciate hearing your comments, opinions, and concerns. Please feel free to contact me in Jefferson City at (573) 751-4008. You may write me at Gary Romine, Missouri Senate, State Capitol, Jefferson City, MO 65101; or email me at gary.romine@senate.mo.gov; or www.senate.mo.gov/romine.