Sen. Ed Emery’s Legislative Report for Jan. 27, 2020

The Branches Converge

“The Constitution is government’s stop sign. It says, you, the three branches of government, can go so far, and no farther.” – Michele Bachmann,  former Congresswoman. 

As every student is supposed to know, Missouri government has three branches: the legislative, the executive and the judiciary. These three branches operate independently, but each depends on the others. Together, they provide the checks and balances of government. The Legislature crafts the budget and writes the laws. The executive – the governor and the various state agencies – administer the laws. The judiciary, or the courts, interpret the laws when there are disputes over how the law should be applied.

Each year, these three autonomous branches of Missouri’s state government converge briefly during two speeches delivered to joint sessions of the Legislature. Two weeks ago, the governor appeared before the entire General Assembly to deliver his annual State of the State Address. Last week, Missouri’s top judge briefed lawmakers on the State of the Judiciary. Since the Legislature holds the purse strings, these two annual addresses allow members of the Legislature to hear the vision and concerns of the other two branches of government. It is also an opportunity for the executive and judiciary to enlist the help of lawmakers.

The governor’s 2020 State of the State Address varied little from 2019. Workforce development and infrastructure investment continue to be his priorities. He highlighted successes of those programs and spoke of historically low unemployment, positive job growth and nearly $5 billion worth of corporate investment in our state during the preceding year. On the topic of roads, he touted the success of a $50 million transportation cost-share program. His was an optimistic and sincere message. He concluded his remarks with an emotional tribute to his wife that I am told brought tears to the eyes of some.

The governor did acknowledge some challenges including the crisis of violent crime, especially in our large cities. He vowed to work with the mayors of our state’s largest cities to seek solutions and promised increased resources for law enforcement. He called for greater emphasis on social programs and mental health services to address the underlying causes of crime. In what was surely a disappointment to those who demand stricter gun control, the governor instead reiterated his lifelong support of the Second Amendment. Another issue Governor Parson declared emphatically was his commitment to support life from conception.

Addressing the largest segment of Missouri’s state budget, he claimed an $84 million cost saving in the Mo HealthNet system. The governor defended efforts to bring more accountability by enforcing eligibility requirements. Describing the system as “broken for many years,” he promised to continue efforts to ensure that taxpayer dollars are used wisely. Meanwhile, he expressed concerns about efforts to force Medicaid expansion through the initiative process, calling the proposal “a massive tax increase that Missourians cannot afford.”

The speech included some new programs and spending requests, as well; some of which I may not be able to support. The governor called for money for early childhood and pre-school education programs, and more than $100 million for in-home care and services for Missourians with developmental and behavioral disabilities. He asked for funding to repair flood-damaged levees, improve river ports and expand broadband services in rural areas. He wants programs to combat opioid addiction and homelessness among veterans. The governor’s budget adds $10 million to the Department of Elementary and Secondary Education’s Foundation Formula, bringing total base spending on K-12 public schools to more than $3.5 billion each year. I would have liked that request to include a call for more parental involvement by giving them more choice in the education of their children.

In the State of the Judiciary address, delivered in this bicentennial year of Missouri’s courts, Chief Justice George Draper III recalled his path to the Supreme Court. The grandson of a North Carolina slave girl, he is only the second black jurist to serve on Missouri’s highest court. The first, federal Judge Ronnie White, was in attendance. Draper’s father came to Jefferson City to teach at the then-segregated Lincoln University Law School and later headed the criminal division of the attorney general’s office. Draper recalled how his father could not eat at certain restaurants due to his skin color. It was a sobering reminder of how far our society has come.

Judge Draper praised the expansion and success of treatment courts, which divert offenders away from incarceration and toward substance abuse treatment programs. In 2019, the General Assembly approved legislation encouraging similar treatment courts specifically to serve the needs of veterans. The judge also updated lawmakers on efforts to realign Missouri’s judicial districts to increase responsiveness and reduce drive times within circuits. He renewed a call for increased spending on court automation, citing the need to update Missouri’s once-groundbreaking, but now aging system of online access to court records.

Finally, last week was also the anniversary of the infamous Roe vs Wade Supreme Court opinion that has been responsible for the deaths of millions of babies in the womb. What a horrible mark that is upon the history of our nation, surpassing the barbarism even of slavery. In fact, Centers for Disease Control statistics confirm that it is the African race which has suffered the most fatalities from abortion. It should not be a mystery that the same political party that fought against slavery, today fights against abortion.

Thank you for reading this legislative report. You can contact my office at (573) 751-2108 if you have any questions. Thank you and we welcome your prayers for the proper application of state government.