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2014 Fall Capitol Report Contact:
Janson Thomas—(573) 751-2420

Veto Session Recap

Standing Up for Missouri's Electrical Consumers

Fall Safety Tips

Citizens and Law Enforcement Safety Act

Fall Conservation Events

November Ballot Issues

Open Enrollment in Health Insurance Marketplace

 

VETO SESSION RECAP

The General Assembly convened for the annual veto session on Sept. 10. While constitutionally allowed 10 days, Missouri lawmakers were able to override a historic number of vetoed bills and line-items within the budget in less than 16 hours.

In total, 10 bills were overridden during veto session. I voted in support of a veto override on three bills supporting farmers, families and neighborhoods. They include: Senate Bill 727, which grants a sales and use tax exemption for products sold at farmers’ markets, among other provisions; House Bill 1132, which changes the law regarding a tax credit for contributions to a maternity home, pregnancy resource center or food pantry; and Senate Bill 731, which modifies provisions relating to nuisance ordinances and actions.

In addition, 47 line-item vetoes within the budget were also overridden. My colleagues and I were able to override vetoes on funding for Alzheimer’s grants, newborn screenings, and forensic exams in child abuse cases, to name just a few. I successfully secured an override of $1,643,700 for the Missouri Mentoring Partnership, which includes an allocation to support youth programs in North St. Louis County. Unfortunately, a portion of these funds are part of the governor’s restrictions.

On Sept. 11, following successful bipartisan efforts to defeat special interest tax breaks, the governor released $143.6 million for the K-12 foundation formula and higher education institutions. On Sept. 12, the governor released an additional $22 million for mental health services, local governments, job training and other priorities.

The governor announced the restriction of $54,365,962 (including the line-item vetoes acted upon by the Legislature) in order to prevent the growth of government beyond available revenues and ensure a balanced budget. Despite these current funding restrictions, the governor is reviewing the budget in order to determine where there is sufficient revenue to release additional restricted funds. I am hopeful that more state funds may come available as Missouri’s revenues continue to improve.

STANDING UP FOR MISSOURI'S ELECTRICAL CONSUMERS

A few weeks ago, I sent a letter to the Office of Public Counsel (OPC) expressing my disappointment in learning that Noranda Aluminum had requested a rehearing from the Missouri Public Service Commission (PSC) on a proposed compromise to a rate reduction that the PSC rejected back in August. I am pleased to report that on Oct. 1, the PSC voted in a 5-0 decision to deny Noranda’s rehearing request, protecting consumers from a rate increase.

The case began back in February, when Noranda filed a complaint alleging that the current rate they pay to Ameren is unreasonable. In the complaint, Noranda asked the PSC to reduce its rate by 25 percent and to increase the rate of Ameren Missouri’s other customers in order to make Ameren’s adjustment neutral. The PSC indicated they wouldn’t approve such a reduction. Noranda, together with the OPC, then requested a rehearing so the PSC could consider a compromise of a 16 percent reduction with a one percent rate increase for Ameren Missouri’s other customers.

Regarding their unanimous decision, the PSC cited a failure on Noranda’s part “to meet their burden of proving that Ameren Missouri’s current electric rates are no longer just and reasonable.”

Noranda’s financial problems are caused at least in part by Apollo Investments, a New York hedge fund that takes money off the top without investing in the company’s operations in Missouri. Ameren serves approximately 1.2 million electric customers in Missouri. Apollo’s proposed solution of having those customers pay a higher rate to subsidize Noranda was unfair and misdirected.

Not only would those customers have paid one percent more initially, they would’ve also seen a higher tax bill due to the increased utility costs for public schools in North St. Louis County, St. Louis County operations, and local fire departments, as well as increased costs for goods and services from local small businesses.

In addition to job-creating tax credits for businesses, Missouri taxpayers currently pay for public education, basic social services, and transportation. Asking taxpayers to subsidize corporate energy costs as well is asking too much.

Assigning a higher rate to all Ameren customers, struggling North County public schools, recovering small businesses, and individuals, including those elderly living on fixed incomes and the working poor, is wrong. No one wants a significant employer to close its doors, but how is it fair for other taxpayers – many of whom are already struggling to make ends meet – to pay higher rates to sustain Noranda?

The answer is simple: It’s not fair. I am relieved and grateful for the Public Service Commission’s careful consideration of this issue and their decision to protect Missouri’s electrical consumers.
FALL SAFETY TIPS

Fall is officially here, and that means colorful leaves and cooler temperatures. Here are a few tips to help keep you and your family safe during this beautiful and fun-filled time of year:

  • A tree or branch falling into power lines can cause a power outage, serious injury and even death to those standing in the immediate area.
  • Do not use a metal ladder or tools that conduct electricity when lines are nearby.
  • When you use a space heater, make sure that it isn't too close to anything else. The heat generated from a space heater is a potential fire hazard for nearby objects – specifically fabric like drapes or upholstery.
  • Don't use a space heater UNTIL YOU ARE SURE it has been vented properly.
  • Don't move or install a gas appliance or change the connector in any way without professional assistance.
  • Ensure external vents and chimneys are clear of blockages from leaves and other debris; fuel burning appliances require fresh air intake to burn efficiently.
CITIZENS AND LAW ENFORCEMENT SAFETY ACT

During the past two months, I have been in communication with legislative colleagues, the governor and local elected officials in North St. Louis County. I have walked with peaceful demonstrators and visited with law enforcement, as well as Ferguson. I have listened to my neighbors who live in the community impacted by the tragedy and the ensuing civil unrest. Through these experiences, I have come to see we need a more objective and thorough way of investigating incidents like the one that took place in Ferguson.

This is why I have decided to file legislation for the upcoming 2015 session that will address how police officers who are involved in shootings are investigated in Missouri.

The bill, titled the “Citizens and Law Enforcement Safety Act,” will require a team of at least two investigators from an outside agency to lead reviews of officer-involved shootings. It will also state that reports must be publicly released if criminal charges are not filed against the officers involved, and that officers will be required to inform victims’ families of their options to pursue additional reviews via the U.S. Attorney General’s office or a state-level investigation.

The measure is based on bipartisan legislation approved in Wisconsin during 2013. Wisconsin Act 348 had a fiscal note of zero, costing taxpayers nothing. The bill was supported by a diverse group, including the ACLU of Wisconsin, the Badger State Sheriff’s Association, the Wisconsin County Police Association and the Wisconsin Professional Police Association.

Elected officials must do more than just talk. We must act. Concerned citizens are demanding a change in law enforcement practices and procedures. I am committed to restoring the people’s trust in local law enforcement by sponsoring this legislation.

FALL CONSERVATION EVENTS

Several upcoming events are being hosted by the Missouri Department of Conservation, and constituents are encouraged to take advantage of these fun and free opportunities located in the 13th Senatorial District. Both of these events will be held at the Columbia Bottom Conservation Area, near the Confluence of the Missouri and Mississippi rivers.

October Fall Flair!

October is the month for fall flair in Missouri! You are invited to come see the distinctive styles of all the different leaf shapes: cottonwood, sycamore, mulberry, willow and many more. Take a walk outside for inspiration and information about these characteristic trees. Then, join the fun inside to use these beautiful leaves to create your own unique item. Reservations begin Sept. 29 and may be made anytime Wed.-Fri., 8 a.m.-5 p.m.; Sat. & Sun., 8 a.m.-4 p.m. Call (314) 877-6014. Reserve by Oct. 13, 2014.

Where: Columbia Bottom Conservation Area
When: Monday, Oct. 13, 2014, 10 a.m. to 12 p.m.
Who: Ages 8 and up

Six Legged Stroll

We’re not talking about insects! You and your four-legged family member are invited to join other six-legged strolling teams to discover all nature has to offer during this beautiful time of year. Only one dog per human is allowed. Proof of rabies vaccination is required. To save time at check-in, your certificate can be faxed to (314) 877-6021 or e-mailed to colleen.scott@mdc.mo.gov by Thursday, Oct. 16. This event will be held rain or shine, since the dogs certainly don’t mind what the weather is like! Reservations begin Oct. 3 and may be made anytime Wed.-Fri., 8 a.m.-5 p.m.; Sat. & Sun., 8 a.m.-4 p.m. Call (314) 877-6014

Where: Columbia Bottom Conservation Area
When: Saturday, Oct. 18, 2014, 8:30 a.m. to 10:30 a.m.
Who: All ages

NOVEMBER BALLOT ISSUES

House Joint Resolution 16 proposes a constitutional amendment allowing relevant evidence of prior criminal acts to be admissible in prosecutions for crimes of a sexual nature involving a victim under 18 years of age. It will appear on the ballot as Amendment 2

The official ballot title for Constitutional Amendment 2 reads:

"Shall the Missouri Constitution be amended so that it will be permissible to allow relevant evidence of prior criminal acts to be admissible in prosecutions for crimes of a sexual nature involving a victim under eighteen years of age?"

"If more resources are needed to defend increased prosecutions additional costs to governmental entities could be at least $1.4 million annually, otherwise the fiscal impact is expected to be limited."

An initiative petition proposes a constitutional amendment requiring teachers to be evaluated by a standards based performance evaluation system. It will appear on the ballot as Amendment 3. The official ballot title for Constitutional Amendment 3 reads:

"Shall the Missouri Constitution be amended to:

  • require teachers to be evaluated by a standards based performance evaluation system for which each local school district must receive state approval to continue receiving state and local funding;
  • require teachers to be dismissed, retained, demoted, promoted and paid primarily using quantifiable student performance data as part of the evaluation system;
  • require teachers to enter into contracts of three years or fewer with public school districts; and
  • prohibit teachers from organizing or collectively bargaining regarding the design and implementation of the teacher evaluation system?"

"Decisions by school districts regarding provisions allowed or required by this proposal and their implementation will influence the potential costs or savings impacting each district. Significant potential costs may be incurred by the state and/or the districts if new/additional evaluation instruments must be developed to satisfy the proposal’s performance evaluation requirements."

House Joint Resolution 90 proposes a constitutional amendment requiring the establishment of a six-day early voting period before a general election. It will appear on the ballot as Amendment 6.

The official ballot title for Constitutional Amendment 6 reads:

"Shall the Missouri Constitution be amended to permit voting in person or by mail for a period of six business days prior to and including the Wednesday before the Election Day in all general elections?"

"State governmental entities estimated startup costs of about $2 million and costs to reimburse local election authorities of at least $100,000 per election. Local election authorities estimated higher reimbursable costs per election. Those costs will depend on the compensation, staffing, and, planning decisions of election authorities with the total costs being unknown."

House Joint Resolution 72 proposes a constitutional amendment prohibiting the governor from reducing any payment of public debt and requiring notification to the General Assembly when he or she makes specified payment changes of appropriations. It will appear on the ballot as Amendment 10.

The official ballot title for Constitutional Amendment 10 reads:

"Shall the Missouri Constitution be amended to require the governor to pay the public debt, to prohibit the governor from relying on revenue from legislation not yet passed when proposing a budget, and to provide a legislative check on the governor’s decisions to restrict funding for education and other state services?"

"State governmental entities expect no direct costs or savings. Local governmental entities expect an unknown fiscal impact."

OPEN ENROLLMENT IN HEALTH INSURANCE MARKETPLACE

This year, open enrollment will run from Nov. 15, 2014 through Feb. 15, 2015.  There are several ways to learn more about the Affordable Care Act or the federal Health Insurance Marketplace:

You may also visit my Senate Health Care Reform Resource Center for additional information and links to helpful websites.