JEFFERSON CITY – More legislation reaches the governor’s desk for his approval, with just a couple weeks left in the 2013 legislative session.  In addition, work continues on the operating budget for FY 2014 as lawmakers are assigned to conference committees to settle differences between the two chambers’ budget plans that fund the state’s major departments and programs.

Bills Delivered to the Governor

Nearly 20 Senate bills were “truly agreed to and finally passed” by the Legislature this week and delivered to the governor.  Some of those bills include Senate Bill 16, sponsored by Sen. Brian Munzlinger, R-Williamstown.  The measure would exempt farm work performed by children under the age of 16 from certain child labor requirements, including prohibited hazardous jobs, such as operating and maintaining power-driven machinery, climbing ladders, operating vehicles and working with certain chemicals.  Young Missourians would only be able to work on their own family farms or others, as long as they have the permission of their parents.

Legislation sponsored this session by Sen. Will Kraus, R-Lee’s Summit, would define two terms used when examining reasons to disqualify an individual for unemployment benefits.  Senate Bill 28 would redefine “misconduct” to knowingly disregarding an employer’s interest and violating the standards the employer expects.  Misconduct standards would also apply when the conduct is reasonably related to the job environment and the job performance, regardless of whether or not it occurred at the workplace or during working hours.  The bill would also define “good cause” as a compelling reason for an employee to cease working or require separation form work due to illness or disability.

Senator Dan Brown, R-Rolla, is sponsoring legislation this session that would ensure the remains of Missouri veterans are property handled and honored.  Senate Bill 186 would allow funeral establishments and coroners that have unclaimed cremated remains of Armed Service members to release them, upon proper verification, to a veterans’ service organization for burial at a state or national veterans’ cemetery.  Current law is unclear as to how these remains can be claimed.  This legislation would lay out the procedure for release of these remains so veterans’ services can take care of internment.

Members of the Senate also gave their final approval to Senate Bill 188, sending to the governor legislation sponsored by Sen. Gary Romine, R-Farmington.  His bill would address civil commitments of sexual violent predators by defining “sexually violent offense,” adding the prosecuting attorney of the jurisdiction where the sexually violent predator is released to the list of individuals who would be served with a petition for conditional release, and providing access to real-time and recorded information of an electronically monitored sexually violent predator to certain law enforcement agencies while the offender is on conditional release.

The Senate’s Daily Audio/Video Clips for May 1 include Sen. Romine, and Senate Minority Floor Leader Jolie Justus, D-Kansas City, discussing SB 188 before it was set aside for further consideration.

Other bills on their way to the governor for his signature include:

• Senate Bill 287, sponsored by Sen. Scott T. Rupp, R-Wentzville, changes Missouri’s current captive insurance law to allow for the formation of sponsored captive insurance companies — insurance companies that are created and wholly owned by one or more non-insurance companies to insure the risks of its owner or owners. 
• Legislation that would allow hospital districts to permit higher education institutions to use space for health care education or training.  Senate Bill 376 is sponsored by Sen. David Sater, R-Cassville.
• House Bill 159, handled in the upper chamber by Sen. Kraus, would exempt proof of residency when a student living in Missouri registers for school and his or her family moves because one or both of the student’s parents are serving in the military.

Conference Committees Established

Also this week, the 13 House bills that make up the state’s operating budget were assigned conference committees.  Senate conferees include Senate Appropriations Chairman Kurt Schaefer, R-Columbia; Sen. Rupp; Sen. Mike Kehoe, R-Jefferson City; Sen. Shalonn “Kiki” Curls, D-Kansas City; and Sen. Gina Walsh, D-Bellefontaine Neighbors.

Legislation proposing a constitutional amendment affirming the right of farmers and ranchers to engage in agricultural production and ranching practices (House Joint Resolution 11) was also assigned to a conference committee, which includes Sen. Mike Parson, R-Bolivar; Sen. Munzlinger; Sen. Brown; Sen. Justus; and Sen. Scott Sifton, D-St. Louis.

Senate Bill 23, sponsored by Sen. Parson, addresses sales tax on motor vehicles, alcohol-related traffic offenses, moving traffic violations, tax emptions for disaster relief agencies, data storage centers tax incentives, and the Missouri Angel Investment Act, among other provisions.  Sen. Parson; Sen. Kehoe; Sen. Mike Cunningham, R-Rogersville; Sen. Justus; and Sen. Curls were appointed to serve on the conference committee for Senate Bill 23. 

Senators Deliver Revised Measures back to the House

Earlier this week, the Missouri Senate took up House Bill 34 for consideration.  The measure, handled in the upper chamber by Sen. Brown, would change Missouri’s prevailing wage laws, which establish a minimum wage rate that must be paid to workers on public works construction projects in the Show-Me State, such as bridges, roads and government buildings.  The prevailing wage rate applies to all public works projects constructed by or on behalf of state and local public bodies, and differs by county and for different types of work.

House Bill 34 would define and redefine several terms found in current prevailing wage law, including “collective bargaining agreement” and “labor organizations” or “unions,” as well as “construction” and “maintenance work,” respectively.  The bill would only allow the county in which the work is to be performed to be used as a basis for determining the prevailing wage for certain counties; currently, the determination may encompass two or more counties adjacent to the one in which the construction is to be performed in certain instances.  For third and fourth class counties and Newton County, the prevailing wage rate would be determined using new hourly configurations.  House Bill 34 goes back to the House for its approval.

The Senate’s Daily Audio/Video Clips for April 30 include Sen. Brown and Sen. Ryan McKenna, D-Crystal City, debating HB 34 on the Senate floor before it was delivered to the House for final approval. 

The Senate also sent back to the House legislation that would make changes to economic incentives for various entities.  Sen. Eric Schmitt, R-Glendale, handled House Bill 698 in the Senate.  He is also the sponsor of similar legislation, Senate Bill 120, which is currently under consideration by the House.  One provision in House Bill 698 would create data storage center tax incentives.  In order to receive the sales tax exemption provided for new data storage center facilities, applications for certification would have to show that the project would result in at least $2 million of new facility investment and create at least two new jobs with wages of at least 150 percent of the county average wage over a three-year period.  Existing data storage facilities would have to show that the project would result in at least $1 million of new facility investment over a two-year period and create at least one new job with wages of at least 150 percent of the county average wage over a two-year period. 

The bill also changes state law regarding Historic Preservation Tax Credits, which are intended to aid in the redevelopment of historic structures in the State of Missouri.  House Bill 698 would, starting in FY 2014, prohibit the Department of Economic Development from approving more than $60 million in Historic Preservation Tax Credits for projects receiving at least $275,000 in tax credits.  Projects that would receive less than $275,000 in tax credits would have a $10 million fiscal year cap. 

In addition, House Bill 698 would increase the cap on Pregnancy Resource Tax Credits from $2 million to $2.5 million for each fiscal year.  The legislation also continues the Wood Energy Producers Tax Credit until June 30, 2019 and caps the program at $3.5 million each fiscal year; authorizes a $50 million fiscal year cap for 9 percent Low-Income Housing Tax Credits and a $5 million cap for 4 percent Low-Income Housing Tax Credits beginning FY 2014; creates the Missouri Export Incentive Act that would authorize air export tax credits for certain cargo flights; establishes the Missouri Angel Investment Incentive Act that would provide tax credits to investors in certain qualified businesses; caps the Brownfield Remediation Tax Credits at $20 million for each fiscal year; and eliminates the Neighborhood Preservation Act  and the Self-Employed Health Insurance Tax Credit.

The legislation contains an emergency clause for provisions relating to Low-Income Housing Tax Credits, Neighborhood Preservation Tax Credits, the Missouri Export Incentive Act, Historic Preservation Tax Credits and Brownfield Remediation Tax Credits, meaning these provisions would take effect immediate upon the bill becoming law. 

The Senate’s Daily Audio/Video Clips for April 30 include Sen. Schmitt; Senate President Pro Tem Tom Dempsey, R-St. Charles; Sen. Maria Chappelle-Nadal, D-University City; and Sen. Curls speaking on HB 698 when the legislation was before the full Senate for debate.

House Bill 256, 33 & 305, carried through the upper chamber by Sen. Kehoe, would address provisions relating to the closure of certain records, meetings or votes under Missouri’s open records, law, commonly known as the Sunshine Law.  Among other provisions, the bill would create a new basis for closing the portion of records that identify security systems or access or authorization codes for those systems.

The Senate’s Daily Audio/Video Clips for May 2 include Sen. Kehoe discussing HB 256 before lawmakers in the Senate before the body advanced the legislation back to the House for its approval.

Members of the Missouri Senate also sent back to the House this week a bill that contains several provisions relating to firearms.  House Bill 436, handled by Sen. Brian Nieves, R-Washington, would create the Second Amendment Preservation Act, which lists various declarations of the Missouri General Assembly regarding the U.S. Constitution and the scope of the federal government’s authority.  This provision is similar to Senate Bill 325, also sponsored by Sen. Nieves. 

The House bill would prohibit political subdivisions from banning anyone with a valid concealed carry endorsement to openly carry a firearm; allow schools to designate teachers or administrators as school protection officers who would have to carry a firearm at all times while on school property; make it a crime to publish identifying information about a firearm owner or applicant for a firearm; prohibit health care professionals from being required to ask patients if they own a firearm, document ownership in medical records, or notify other entities about patients’ gun-ownership status; and lower the age for conceal carry from 21 to 19 years old.  An adopted amendment, offered by Sen. Chappelle-Nadal, would recognize responsible gun ownership, including parental supervision of minors in proper use, storage and ownership of all firearms, as well as the prompt reporting of stolen firearms. 

The Senate’s Daily Audio/Video Clips for April 30 and May 2 include Sen. Nieves and Sen. Chappelle-Nadal discussing HB 436 in the Senate chamber. 

Senators Consider Various Bills during Debate

Lawmakers this week also spent time on the Senate floor considering legislation that would reinstate a cap on non-economic damages in medical malpractice lawsuits in Missouri.  Currently, Missouri follows the common law of England as of 1607, unless the General Assembly abrogates, or authoritatively dissolves, from the common law statutorily.  From 1607 onward, English common law was applied to the colonies and most states still use English common law as the basis of their criminal and civil codes.  House Bill 112, handled in the upper chamber by Sen. Brown, would exclude the English common law claims that result from providing or failing to provide health care services by a health care provider, such as pain and suffering. 

The legislation was filed in response to the Missouri Supreme Court’s decision striking down medical malpractice caps for non-economic damages passed by the General Assembly.  In 2005, legislation was signed into law that reformed the state’s civil liability, or tort, system, by lowering the caps on jury awards for punitive damages in medical malpractice cases, among other provisions.  This week, the bill handler explains to his colleagues that the medical malpractice caps in place in Missouri from 2005-2012 resulted in the reduction of frivolous claims and an increase in doctors moving to Missouri to practice medicine.  The measure, identical to Senate Bill 105, sponsored by Sen. Brown, would allow Missouri to create civil causes of action through legislation for damages against health care providers for personal injury or death as a result of health care services provided or failed to be provided.

The Senate’s Daily Audio/Video Clips for May 1 feature Sen. Brown and Sen. Justus debating HB 112 in the upper chamber before it was set aside for further debate.

The Senate worked on Senate Bill 78, legislation sponsored by Sen. John Lamping, R-Ladue, which would bar members of the Missouri General Assembly from acting as lobbyists.  The legislation would impose a 10-year “cooling-off” period for lawmakers in the Legislature before they may become lobbyists.  The bill would also bar lobbying for such individuals who have active campaign committees.  The measure was set aside for further debate.

The Senate’s Daily Audio/Video Clips for May 2 include Sen. Lamping and Sen. Justus during debate on SB 78 before it was laid over.

Senators also considered legislation this week that would change several provisions relating to agriculture.  House Bill 542, carried by Sen. Munzlinger, also known as the Career and Technical Education Student Protection Act, would establish the Career and Technical Education Advisory Council to develop a statewide short-range plan for career and technical education, identify legislative recommendations to improve career and technical education, and promote coordination of existing career and technical programs.  This provision is identical to Senate Bill 17, sponsored by Sen. Munzlinger, which is currently in the House for its final approval.  

The bill would also allow the development of Urban Agricultural Zones on blighted areas of land (similar to Senate Bill 228, sponsored by Sen. Jason Holsman, D-Kansas City), enact additional civil penalties to be imposed for violations of the Missouri Livestock Disease Control and Eradication Law (identical to a provision found in Senate Bill 9, sponsored by Sen. David Pearce, R-Warrensburg), and raise the loan amount issued by the Missouri Agricultural and Small Business Development Authority for livestock feed and crop input from $40,000 to $100,000 (identical to a provision found in Senate Bill 342, sponsored by Sen. Parson), among other provisions.

The Senate’s Daily Audio/Video Clips for May 1 feature Sen. Munzlinger and Sen. Holsman addressing the legislation on the Senate floor before HB 542 the bill was referred to the Senate Governmental Accountability and Fiscal Oversight Committee. 

House Bill 432, handled in the upper chamber by Sen. Brad Lager, R-Savannah, would authorize the Missouri Public Service Commission to intervene in federal administrative, regulatory and judicial hearings on behalf of the state.  This legislation is substantially similar to Senate Bill 294, sponsored by Sen. Schmitt.  During debate, the bill handler offered a substitute that would allow electric utility companies to pass along surcharges to their customers in order to pay for infrastructure updates by implementing an Infrastructure System Replacement Surcharge, commonly referred to as ISRS.  An amendment was also offered to the legislation by Sen. Holsman pertaining to a renewable energy tax credit offered to utility companies.  However, before votes could be made on this amendment and the underlying bill, the measure was set aside for future consideration.

The Senate’s Daily Audio/Video Clips for May 2 feature Sen. Lager and Sen. Holsman discussing HB 432 on the Senate floor.

Before senators concluded their legislative workweek, lawmakers spent time debating the final passage motion for Senate Bill 437, legislation that would create a model for funding the state’s public higher education institutions.  Sponsored by Sen. Pearce, the bill is largely based on the Joint Committee on Education’s final report submitted this year.  Currently, the state appropriates funding to institutions on a base-plus distribution, an across-the-board increase or decrease.  This new funding model would be based on schools’ costs and outcomes by calculating their core operational expenditures.  Ten percent of each school’s appropriation would be designated and set aside as performance-based funding, with the school receiving 10 percent if it meets certain measures established by the Coordinating Board for Higher Education.  An additional 10 percent of state funding for colleges and universities would be allocated based on each institution’s job placement record.  Each community college’s state funding would be calculated separately by the new funding model.

Senate Committees Vote “Do Pass” Several Measures

The Senate Judiciary and Civil and Criminal Jurisprudence Committee this week gave its approval to House Bill 400, legislation that would require the physical presence of physicians who prescribe or dispense any abortion-inducing drugs, such as RU0486, while the drug is administered.  Under the bill, the physician inducing the abortion, or a person acting on his or her behalf, would be required to make all reasonable efforts to ensure that the patient returns within a certain timeframe after receiving the drugs for a follow-up visit so the doctor can confirm that the pregnancy has been terminated and assess the patient’s medical condition.  Noted in the patient’s medical records, including the date and time, would be the identity of the person making efforts to ensure the patient returns for a follow-up visit outlined in the bill.

Members of the Senate Veteran’s Affairs and Health Committee gave unanimous approval to House Bill 274.  The act would create “Chloe’s Law,” which would require every child born in Missouri to be screened for critical congenital heart disease starting Jan. 1, 2014.  The bill outlines procedures for screening the baby, providing informational material to the family and reporting and referring treatment for the child, if necessary.  Congenital heart defects occur in about 1 in 110 births in the United States and nearly 25 percent of these defects are considered critical congenital heart disease.  Children who are diagnosed with this disease need surgery or other procedures within the first year of life and are at risk for death or disability if their heart defect is not detected soon after birth.  Additionally, House Bill 274 would require the Department of Health and Senior Services to develop an informational brochure regarding meningococcal disease for the department’s website and to make these brochures available to public higher education institutions, which would be required to distribute the information to all students and parents (if their student is younger than 18).  Also known as meningitis, this disease is a serious bacterial infection of the brain’s lining and body’s spinal cord, and it is a leading cause of bacterial meningitis in children 2 through 18 years old in the United States.

This same committee gave its approval to House Bill 168, which would allow certain individuals who are separating from the military to have resident student status in order to attend public higher education institutions in Missouri.  The legislation would also create “Clark’s Law,” which would prohibit these schools from requiring members of the National Guard to take tests within 24 hours of returning from active duty or training.  This House bill is similar to Senate Bill 117, sponsored by Sen. Kraus, which is in the House for its consideration. 

The Senate Small Business, Insurance and Industry Committee voted out several bills this week, including House Bill 30, which would require parity between the out-of-pocket expenses charged for physical therapist services and the out-of-pocket expenses charged for similar services provided by primary care physicians.  The act is similar to Senate Bill 159, sponsored by Sen. Schmitt, which is now over in the House.

Legislation that would allow proof of financial responsibility and other insurance-related documents to be provided or presented using an electronic device was approved by the same committee.  House Bill 322 is substantially similar to Senate Bills 317 & 319 — sponsored by Sen. Romine and Rupp, respectively — which were delivered to the House for its consideration. 

Finally, the Small Business, Insurance and Industry Committee voted “do pass” House Bill 339, legislation that would enact a “no pay, no play” law requiring uninsured motorists to forfeit recovery of non-economic damages from insured motorists when the insured motorists are alleged to be at fault.  However, this provision would not apply if the accident is caused by someone who operated a motor vehicle under the influence of drugs or alcohol, or is caused by a person convicted of second degree manslaughter or second degree assault.  Passengers in an uninsured motor vehicle would not apply to the terms in this legislation. 

Senate Concurrent Resolution 4, sponsored by Sen. Schmitt, was approved by members of the Senate Rules, Joint Rules, Resolutions and Ethics Committee this week.  The resolution would establish the Joint Interim Committee on Funding for Elementary and Secondary Education to study the foundation formula that provides funding for elementary and secondary education.  The 10-member committee would hold hearings during the interim — the time between legislative sessions — and would submit a report with its recommendations to the Senate President Pro Tem and Speaker of the House by Jan. 8, 2014. 

In the Senate General Laws Committee, the panel voted out House Bill 170, legislation that would lower the age for Missourians to be eligible for concealed carry licenses from 21 to 19 years old; make it a crime to enforce certain federal laws that take effect after Dec. 31, 2012, including the banning or restricting of ownership of a semi-automatic firearm or any firearm magazine, or requiring the registration of firearms, magazines or other accessories (provisions similar to Senate Bill 150, sponsored by Sen. Munzlinger); and exempt friends and relatives engaged in selling or transferring ownership of firearms or ammunition from the federal national instant criminal background check system.

Members of the Senate Seniors, Families and Pensions Committee gave their approval to House Bill 442.  The measure would add “professional therapy dog” to the definition of service dog.  A professional therapy dog, under the bill, is selected, trained and tested to provide specific physical therapeutic functions under the direction and control of a qualified handler who works with the dog as a team as part of the handler’s occupation or profession.  However, this would not include dogs used by volunteers in visitation in therapy.

Lawmakers Hear Testimony on Various Bills

Members of the Senate Judiciary and Civil and Criminal Jurisprudence Committee also heard testimony this week on House Bill 320.  The legislation would change Missouri’s law regarding the Missouri Human Rights Act (MHRA) and employment discrimination.  The MHRA makes it illegal to discriminate in any aspect of employment because of an individual’s race, color, religion, national origin, ancestry, sex, disability or age (40-69).  Currently, it is against the law under the MHRA when the protected trait is a contributing factor in the decision to discriminate.  The bill would change that standard to a motivating factor standard, except in adverse impact cases; in those cases, states would follow federal anti-discrimination law.  In addition, the legislation would change the definition of “employer,” allow discrimination cases under MHRA to request a jury trial, and address non-economic and punitive damages.

House Bill 320 would also bar employers from discharging the follow individuals:

• Someone who reports an unlawful act or an act that is believed to be unlawful;
• A person who reports serious misconduct of the employer or its agent that violates a clear mandate of public policy;
• An individual who refuses to carry out a directive that would be a violation of law; or
• Someone who engages in conduct otherwise protected by state statute or regulation.

This House measure is similar to Senate Bill 319, sponsored by Sen. Rupp, and Senate Bill 353, sponsored by Sen. Lager.

Members of the Senate Financial and Governmental Organizations and Elections Committee held a hearing on House Bill 290, which relates to adoption investigations in Missouri.  The bill would add a licensed professional counselor or a psychologist associated with a licensed child placing agency to the list of those authorized to conduct a full investigation into whether an individual is suitable as an adoptive parent for a child.  House Bill 290 also requires the Missouri Supreme Court to develop a standardized form — included as part of the adoption record — to be used in all adoption cases, which would include a checklist to verify all the documents and procedures have been followed and reviewed by the judge prior to entering a final order.

The Senate Transportation and Infrastructure Committee considered legislation that would prohibit the Department of Revenue from retaining copies, in any format, of source documents presented by citizens applying for or renewing their driver’s or non-driver’s license.  Under House Bill 787, the department would be banned from using technology to capture digital images of source documents so they could be retained in electronic format that could be stored or transferred.  Also, the act would prohibit DOR from requiring workers to scan source documents in order to issue a concealed carry weapon endorsement and require the department to create an in-house process for printing CCWs to be available upon request of the applicant.  Additionally, House Bill 787 would require DOR to securely destroy any source documents that were obtained after Aug. 28, 2013, from driver’s and non-driver’s license applicants.

The committee also heard testimony on Senate Bill 187, sponsored by Sen. Brown.  The measure would exempt anyone 21 or older from wearing a helmet while riding a motorcycle.  Similar legislation has been filed in the General Assembly for more than 10 years. 

In the Senate General Laws Committee, senators heard a series of bills, many of which would designate certain dates of the year.

• House Bill 340 would establish the “Daylight Saving as New Standard Time Pact,” which would permanently change Daylight Saving Time to a new standard time.  Once at least 20 states pass legislation entering into the pact, each state would switch clocks to Daylight Saving Time for the last time and the twice-a-year occurrence would be eliminated.
• House Bill 585 would designate each Nov. 21 as “Stan Musial Day” in Missouri, when citizens would be encouraged to observe the date with appropriate activities to honor “Stan the Man.”
• House Bill 632 would designate each Dec. 4 in Missouri as “Alpha Phi Alpha Day,” when individuals would commemorate the founding of the first African-American intercollegiate Greek-letter fraternity. 
• House Bill 634 would designate each month of February as “Turner Syndrome Awareness Month.”  Turner syndrome is a chromosomal condition that effects girls and women who have common features that are caused by complete or partial absence of the second sex chromosome, and it occurs in approximately 1 of every 2,500 female births and in as many as 10 percent of all miscarriages.

This same committee also held a hearing on House Bill 47, which would require parents or guardians to appear in person each year to sign a statement noting they have read and understand the warnings regarding tanning in order for a minor younger than 17 years old to tan in such facility.

Members of the Senate Rules, Joint Rules, Resolutions and Ethics heard testimony on House Concurrent Resolution 7.  The resolution would direct the State Historical Society of Missouri to develop plans to commemorate and celebrate the State of Missouri’s bicentennial in the year 2021.  The measure is substantially similar to Senate Concurrent Resolution 2, sponsored by Senate Majority Floor Leader Ron Richard, R-Joplin.  

The committee also considered House Concurrent Resolution 10, which would designate April 2013 as “Donate Life Month” in Missouri.  The resolution would raise and promote awareness and share information about the need for organ and tissue donors, as well as encourage people to become an organ and tissue donor.

Next week, May 10, is the constitutional deadline to pass the state’s operating budget for FY 2014.  There are just two weeks left in the First Regular Session of the 97th General Assembly, which concludes on May 17 at 6 p.m.

To follow these and other issues before the Missouri Senate, visit www.senate.mo.gov.  Visitors can track legislation considered by the General Assembly during the 2013 session, learn more about their legislative district, and listen to streaming audio of legislative debate as it happens on the Senate floor.

For more legislative news, please visit the Senate newsroom at www.senate.mo.gov/newsroom, where you will find various audio and video programs and other informational services, such as:

• Missouri Legislative Update – A video program produced throughout the legislative session and interim that provides an overview of news in the Missouri Senate and House of Representatives.  The program features news interviews with lawmakers conducted by Missourinet’s Bob Priddy and stories on issues concerning Missourians.
• This Week in the Missouri Senate – A weekly, five-minute audio program that wraps up the week’s news in the Missouri Senate.  Programs are posted online every Friday in .mp3 format.
• The Senate Minute – A condensed, one-minute audio report of current Senate news.  Programs are posted in .mp3 format and are available through podcast.
• Daily Audio/Video Clips – Throughout the year, the Senate Newsroom posts broadcast-quality audio and video highlights from Senate committee hearings, floor debate, press conferences and other legislative events.  Please note: Clips linked to this Capitol Briefing are only available for the legislative week referenced in the publication.