Missouri Times - January 14, 2019

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The Missouri Times

JANUARY 14, 2019

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GENERAL ASSEMBLY

SWEARS IN

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The Missouri Times

OPINION 225 Madison, Jefferson City, MO | (573) 746-2912

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Scott Faughn, Publisher | scott@themissouritimes.com | @ScottFaughn Rachael Herndon Dunn, Editor | rachael@themissouritimes.com | @TheRachDunn Alisha Shurr, Reporter | alisha@themissouritimes.com | @AlishaShurr Aaron Basham, Multimedia Producer | aaron@themissouritimes.com

THIS WEEK IN MISSOURI POLITICS

SETTING THE STAGE FOR 2020

Scott Faughn As is typically the case, the year before the election is about making policy and preparing for the election year ahead. However, the last session brought such a flood of major legislation it may be more preparing than normal.

Unless, of course, you’re an attorney – then it could be a long session.

As is the case with such complex legislation as tort reform very few members of the General Assembly truly understand every aspect of, and will likely lead to a late night compromise in the Senate if a deal is struck at all.

One of the more amusing sights of 2019 has been the celebration of Clean Missouri’s lobbyist gift ban.

Herein lies the problem with trying to tell people how to spend their money. The most clueless and liberal (takeaway whatever parallel you like) will tell you that the dragon is slain and harmony will now reign as everyone will brown bag it to Jeff City and magically expand Medicaid and become pro-choice and anti-gun.

However, in reality, lobbyists will simply make a bit larger contribution to a legislator’s campaign account and you will see more of those campaign funds spent on dinner.

Or in a particularly cruel twist of irony, those legislators who are independently wealthy will just start picking up the dinner bill and inherit whatever goodwill the lobbyists were supposedly receiving.

But don’t let reality reign on the media’s parade. Remember, even after Josh Hawley’s election, many of them will tell you how devastatingly unpopular President Donald Trump is while holding seashells up to their ears listening for proof of that blue wave they just know is coming.

It really was the political genius of Clean Missouri, accomplishing their goal of redistricting reform while ginning up liberals in the media who don’t like the conservative General Assembly and combining that with the many conservatives who don’t like anyone at all to change the redistricting process. Genius.

However, while that genius may have worked well to win the campaign, the real loser of the Clean Missouri campaign is likely Nicole Galloway. Fair or unfair the State Auditor’s office will now get the credit or the blame for the redistricting.

Normally there is far more blame than credit.

To this hillbilly, there are only a couple of different ways the House map can go, Galloway can draw a bunch of shoestring districts and decimate the majority of minority districts which would come at great peril to her career (ask Jay Nixon if anyone has forgotten desegregation) that might, if a Republican is in the White House in 2022, pick up 8-15 House seats. Or on the other hand, she could just tinker with the suburbs and stretch some districts beyond their traditional county line boundaries and pick up 4-8 seats.

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Keep in mind, even if Galloway went with the most radical plan, as long as the national Democratic party is ardently pro-choice and pro-gun control, and especially if it’s a party is led by a socialist, then even in the best redistricting scenario, the House is 100-63, or on a great year, 95-68. Joe Biden at the top of their ticket in 2020 might do just as much.

Secretly most savvy house leaders have always said they prefer a house majority of around 95-100 because it gives most senior legislators something real to work on while still allowing them to ignore the kooks and let members in tough districts take walks on controversial bills.

In the Senate, it’s a different story.

You wouldn’t have to radically change the lines that much to have a major impact. You could adjust the lines in the Republican-held 8th, 34th, 19th, 23rd, 15th, 22nd, and the 3rd and they could be very different districts.

The 1st and the 17th could also be drawn to protect Democrats’ hold on the seats.

Currently, the Senate is 24-10. It’s likely that number is 23-10 at many points in a Republican administration due to appointments into the executive branch. If in the next redistricting, you were to help keep the 1st and the 17th as well as changing the partisan demographics of say 3 of those 7 districts held by Republicans mentioned above, you would see a 21-13 Senate. While still a sizable Republican majority, you have to keep in mind the PQ (which ends debate) requires 18 votes.

No floor leader that is used to his PQ threats being taken very seriously wants to see a group of 4 senators be able to take that threat out of his arsenal.

Look at the current Senate. You now need 7 senators to balk at a PQ in order for it not to move forward.

Senator Gary Romine is a throwback to the old Senate where you didn’t even mention PQs. Last session, three freshmen (Senators Eigel, Hoskins, and Koenig) stood their ground on PQs. While Senator Libla has voted for PQs in the past, he has been a critique of the procedure. Lastly, new Senator Lincoln Hough may end up supporting PQs, but he is no one’s partisan hack. Also, it’s probably wrong to think Senator Bill White will be a lap dog.

You assume on something like tort reform those 7 would not all vote no on a PQ motion, but imagine the number needed is 4. You take one out for an appointment, add someone angry they were passed over for a chairmanship, mix in a couple senators who dig their heels in and all of a sudden everyone is a senator again. That may be the real difference of Clean Missouri.

Also…

Following in the footsteps of George Caleb Bingham, Mel Carnahan, Sarah Steelman, and Bob Holden, Scott Fitzpatrick steps into those large footprints as State Treasurer. He will

do very well, and the first example of such is that he is waiting for his swearing-in until the date that he will be eligible to serve two terms.

Something many feel Lauren Arthur should have done last year. Some may complain, but that is the guts to chart your own course that typically foreshadows success.

Now former State Treasurer Eric Schmitt isn’t the only tie that that office has to the Attorney General’s office. It was the same federal government abuse of Missourians that installed Mr. Bingham as State Treasurer that turned a young western Missouri man from a life of farming to a life of robbery and murder. That young man’s last train robbery was in the city of Glendale, Missouri, also known as the hometown of Eric Schmitt. That young Confederate bushwhacker turned train robber was Jesse James.

The same Jesse James that the Missouri Attorney General had a handsome reward out for the capture of. The same Attorney General who was installed by the same federal government that installed George Bingham as State Treasurer. So that is Eric Schmitt to Jesse James in 4 degrees of separation. Two less than Kevin Bacon to Victor Callahan (keep in mind Victor Callahan was an extra in the Gary Sinise film Truman).

Wednesday will be an exciting day in the Capitol. Watching many of the people that will go on to lead Missouri being sworn in for the first time. However, the most interesting moment will be the coming out event for Speaker Elijah Haahr. Many are looking to his speech, delivered by one of the youngest men to ever hold the gavel to be one of forward-looking optimism. Looking to move forward from a tumultuous period into one of taking Missouri into a new decade with a new outlook and new confidence.

Something overlooked by many was the move of former Nixon Chief of Staff John Watson to St. Charles County government. Tremendous pick up for Steve Ehlmann, and for St. Charles County.

Congrats to the St. Louis Post-Dispatch on the sale of their historic building they have called home for decades. That building has been a landmark through the years, even though the changing the address of it. Their announced plan to utilize historic tax credits to rehabilitate the building has been seen as a welcome improvement by many in downtown St. Louis.

Lastly, the state lost a giant with the passing of the former head of the Carpenters Union Terry Nelson. He was an innovator in Missouri labor and business. I still remember his endorsement of Matt Blunt’s 2004 campaign for Governor. They broke the mold when they made Terry Nelson, he will be missed.

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HOT LIST PRO TEM SCHATZ

The new Senate leader gave a speech well regarded on both sides of the aisle, setting a strong tone for the session with little left open to interpretation.

RYAN NONNEMAKER Speaker Haahr’s first speech as speaker was heartfelt and genuine. Nonnemaker deserves recognition for offering a vital assist on its creation.

CLERK MILLER

House Chief Clerk Dana Miller is batting 1.000 so far and the reception she led after the swearing in was just one more grand slam on her record.

STATELINE STRAT

Sammy Panettiere and former Rep. Jeremy LaFaver have teamed up and started their own lobby shop. With a client list like theirs, we can expect to see them everywhere.

PHOTO OF THE WEEK The real belles of the Legislative Ball.

Photo credit of Amy Fitzwater.

Tweets of the Week Highlights in 280 characters or less.

Hunter Woodall @HunterMw Walking around meeting lawmakers. One asked “are you the one that made that sunshine request?” Well, making public records requests is one way to make an introduction, I suppose. #moleg #ksleg

Gregg Keller @RGreggKeller My sole New Years resolution is to publicly chastise more loud talkers.

Jeff Smith @JeffSmithMO Young state rep to me just now at the inaugural ball: “This is the thing about having a 36 yr-old Speaker: every song they’re playing is legit great” (Cc: @elijahhaahr)

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SUNDAY MORNINGS KANSAS CITY - 38 THE SPOT AT 10:00 A.M. ST. LOUIS - ABC 30 KDNL AT 11:00 A.M. MID-MO - CONNECTIONS 22 AT 11:00 A.M. SWMO - CONNECTIONS 22 AT 11:00 A.M.

STREAM ONLINE AT TWMP.TV

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HAAHR TAKES ROLE AS SPEAKER, PROMISING 'BOLD SOLUTIONS' Alisha Shurr

With the 100th General Assembly now underway, newly sworn in leaders are looking for bold solutions to move Missouri forward in the coming months.

Speaking from the dais for the first time as Speaker of the House, Elijah Haahr addressed his fellow representatives promising “bold solutions” for issues the Missourians face.

“We won't always agree on the policies; we will always agree on the goals: safer neighborhoods for our families, better education for our children, and a stronger economy for Missouri,” said Haahr.

In the spirit of the speaker before him — term-limited Rep. Todd Richardson — Haahr focused, for the most part, on issues that both parties have a vested interest in and encouraged a robust debate on the subjects. He talked about such issues as the opioid epidemic, the “broken criminal justice system,” education, and balancing the budget.

“The issues before us are many, but the question of our time is narrow: did we advance Missouri forward? Did we seize the moment to be bold...or were we satisfied to play it safe?” said Haahr.

One focal point he stressed was the importance of a better education system. The education formula has been fully funded in the two preceding years and Haahr said they will continue that trend.

But just as important as how much is spent is how it is spent, according to Haahr. He noted that the state needs schools that simultaneously challenge and support students.

“Our goal should always be this: to ensure every child, and I mean every child, in this state gets a worldclass education no matter their zip code,” said Haahr.

The message falls in line with creating “21st-century colleges” to help develop a “21st-century workforce.”

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He also highlighted focusing on economic growth by passing policies that “focus on cultivating employers, not controlling businesses.”

Missouri currently has its lowest unemployment rate since the data was collected.

Haahr also pledged that they will continue the 15-year-trend of balancing the budget without raising taxes and to continue eliminating wasteful spending. A part of the agenda is to continue to fight against the “opioid epidemic raging across our state.”

“And while we are at it, we must provide opportunities to those in a broken criminal justice system,” said Haahr. “Last year the House unanimously passed reforms to our sentencing laws and we will again lead on these reforms.”

Republicans hold the supermajority in the House with 115 members while Democrats have 47 representatives for the 2019 session. Haahr told the minority party that he will “always value the ideas that you bring to the table.”

Along those lines, he encouraged representatives to talk about the issues and bring forth their ideas.

“We will not fear spirited, intellectual debate; in fact, we will encourage it because a robust argument is a sign that our great Republic is working. But may we always be passionate about the issues and not personal attacks,” said Haahr. “We are a family with a common cause: to make Missouri a better place.”

The greatness of Missouri and the United States is that, no matter where a person starts, they can achieve something, said Haahr.

Birthplace and income don’t dictate achievement or birthright. With hard work anything is possible.

“We are brimming with optimism and energy, ready to embrace innovative ideas for our state,” said Haahr.

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IP REFORM IN DEMAND

Ashcroft aims to reform the initiative petition process in a content-neutral way Alisha Shurr Following the last election cycle, talk of overhauling the process is drawing renewed interest. Less than 2 percent of initiative petitions filed with the Secretary of State's Office turned in signatures. The IP process led to the voters approving significant constitutional and statutory changes in 2018.

The trick to changing the initiative petition process will be doing it in a content-neutral way, according to the Secretary of State Jay Ashcroft. Overhauling the system is not a new topic, just one that has gained a renewed spotlight as the 100th General Assembly is set to convene.

“This has been a two-year process because there is a real concern about how do we do it in such a way that protects the right of the people to petition their government for redress but also says, ‘wait a minute...why should we be subsidizing someone who files 60 petitions and isn’t going to get signatures on any of them,’” said Ashcroft.

He pointed to the differences between the 2008 and 2018 election cycles on why changes to the current system are needed.

In the 2008 cycle, there were 55 initiative petitions filed, 25 were approved for circulation, and 3 made it onto the ballot.

In the 2018 cycle, there were 371 initiative petitions filed, 148 were approved for circulation, and 5 made it onto the ballot.

Specifically looking at the initiative petitions for the 2018 election, one Missourian filed 60 petitions, another filed 57 petitions, and another filed 30 petitions.

In all, only 32 different Missourians filed the 371 initiative petitions received by the Secretary of State’s Office.

“If you are gaming the system to try to get a magic word used or a word not used

in your initiative petition by filing 10 or 20 of them, I just think that brings disrepute on the whole process. I want the people to have faith in that process,” said Ashcroft.

The ability for Missourians to propose laws and constitutional amendments is a right guaranteed in the state’s constitution. This process gives citizens the ability to directly take part in the Missouri democracy.

In the 2018 election cycle, three major topics were taken directly to the voters through the initiative petition process.

Medical marijuana legalization, an ethics overhaul of the General Assembly, and a minimum wage hike are all Democratic-backed issues that got the voters stamp of approval after the measures bypassed the legislature and were taken directly to citizens.

And the process has already begun for the 2020 election cycle.

The problem that stakeholders are finding with the process is that the Secretary of State’s Office has been bombarded with hundreds of petitions — exponentially more than a decade ago. Some Missourians will file dozens of petitions aiming to get a specific wording on the ballot language, some never attempt to gather signatures on petitions approved for circulation, and others file petitions that are incomprehensible.

“Section 67.1572rsmo,1.mo.CID act invoking. 2.provide for incorporate a county of .mo, homeless shelter district act law entity, under section 67.1572rsmo,” states one initiative petition filed with the Secretary of State’s Office. Another sought to tell women when arrested that they have the right to a big shirt.

As of January 8, 2019 — two months after the general election, 33 petitions have been filed for the next election, 24

of which are from four individuals. None have yet to be approved for circulation.

One Missourian filed four petitions on the same topic, each with slightly different wording.

“I think this is a process we can make better, we can make more secure, without taking away the ability of the people to petition,” said Ashcroft. “This ability to redress the government for grievances is important.”

of petitions are the voters.

“The problem is how do we do it in a content-neutral way because you don’t want the Secretary of State saying ‘Oh, I don’t like your idea, it's rejected.’ And that is what has taken us the most time: How do we put up barriers to frivolous things that are content neutral and are not true barriers for the people to be able to get something done if they want,” said Ashcroft.

Through taking an in-depth look at the current process, talking with lawmakers and stakeholders, and evaluating other states’ systems, a few ideas have been thrown around at how to do that very task.

Instituting a refundable filing fee for initiative petitions is one idea for decreasing the so-called frivolous filings. There isn’t a magic amount for the filing fee, Ashcroft notes, but it needs to balance between being a deterrent for abuse on the system and not being a barrier for Missourians trying to exercise their constitutional rights.

To be on the ballot as a candidate in Missouri, the state does require a filing fee. It costs $200 to run for a statewide office, $100 for state senator, and $50 for state representative. None are refundable.

Looking at other states, California re-

“If you are gaming the system to try to get a magic word used or a word not used in your initiative petition by filing 10 or 20 of them, I just think that brings disrepute on the whole process. I want the people to have faith in that process.”

When it comes to making changes to the process, Ashcroft repeatedly stressed the need for it to be done in a content-neutral way. He noted that it is the Secretary of State’s job to be a neutral referee in the process and that the only folks who should be judging the content

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quires a $2,000 filing fee for all initiative petitions while Washington state charges $5. Neither are refundable.

Current proposals in Missouri include a $250 to $500 refundable filing fee for initiative petitions. Which is less than the cost to print out the petitions for signatures collections, Ashcroft noted. Making the filing fee refundable upon turning in signatures would be a way hopefully deter folks from dozens of petitions that they have no interest in circulating while not preventing Missourians from exercising their constitutional rights.

“The idea being, we don’t want to stop people from being part of the process, but we want to stop the frivolous side of it,” said Ashcroft.

There have been several bills prefiled for the 100th General Assembly to consider on the very topic. One looks to increase to signature requirements, one looks to start a $500 filing fee per petition, and another seeks to charge per signature page turned in.

Ashcroft noted that there is not one specific measure he is looking at as the so-called correct way to improve the current system, rather he looking to open debate and for lawmakers to find the best solution to the problem.

“One thing we have tried to do with the legislature is, we had some bills introduced and we said...throw every idea you have into those [bills], let’s have a good conversation about it and let’s make sure we have an open debate about what should be done,” said Ashcroft.

“We want to find a non-partisan, good government way...We do want people to be active, we do want people to be civically-minded and to be active in government and active in politics.”

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PSC MEC FINES GARDNER $63K FOR approves CAMPAIGN VIOLATIONS St. Louis Circuit Attorney Kim Gardner has been fined $63,009 for an array of ethics violations dating back to her tenure as a state Representative. The Missouri Ethics Commission noted they had evidence to believe Gardner used campaign funds for personal expenses and failed to accurately, and timely, report numerous contributions and expenditures.

According to the 25-page consent order from the Missouri Ethics Commission, Gardner used campaign funds to pay a membership fee to Planet Fitness

and for $2,855 in housing costs which were reimbursed by the General Assembly — she reimbursed her campaign in June 2018 for those 2015 and 2016 expenditures.

Gardner’s campaign failed to either report or accurately report more than $70,000 in expenditures between 2015 and 2017, according to the consent order.

The order also details more than $15,000 in contributions not reported along with thousands more not reported accurately.

The commission also noted contribu-

tions and expenditures exceeding limits along with failure to accurately and timely report numerous filings.

Gardner will be on the hook for $6,314 of the fine, provided she pays within 45 days and has no further ethics violations within two years.

The Missouri Ethics Commission also fined a political action committee $3,000 for failing to report financial information accurately and timely.

Jefferson County Organization to Reinforce Citizens Awareness was found to

have failed to timely report changes to official fund depository, failed to terminate committee upon closure of official fund depository, failed to timely and accurate file campaign finance disclosure reports and/or Limited Activity Statements.

The committee will only have to pay $300 of the fine, provided they cut a check within 45 days and have no further ethics violations within two years.

PARSON APPOINTS Former MOGOP chair CHAMBERLAIN joins Health Facilities TO FILL VACANCY Review Committee IN CLAY COUNTY CIRCUIT COURT

5 new CON applications approved

Alisha Shurr

The vacancy on the Clay County Circuit Court left open by the retirement of Judge Larry D. Harman has been filled.

Alisha Shurr Gov. Mike Parson announced that he appointed Associated Judge David Chamberlain to Circuit Judge for Division 4 of the Seventh Judicial Circuit in Clay County.

The vacancy arose the retirement of Harman, effective December 16, 2018.

He served more than 26 years as a circuit judge.

Chamberlain was one of three names submitted to Parson by the Seventh Circuit Judicial Commission on December 6, 2018. The other two up for the position were Louis Angles and Karen L. Krauser,

both of whom are associate circuit judges for the Seventh Judicial Circuit in Liberty.

David Chamberlain has been an Associate Circuit Judge in the 7th Judicial Circuit since 2008. Prior to his appointment to the bench, he was a Partner with Patton & Chamberlain, P.C. During his 19 years as a practicing attorney, he tried criminal and civil jury trials in both State and Federal Courts. He holds a bachelor’s degree in economics from Missouri State University and a Juris Doctorate from the University of Missouri School of Law, Kansas City.

The Missouri Health Facilities Review Committee welcomed a former head of the state Republican party as a new board member for their first meeting of 2019.

The Monday meeting was the first with David Cole on the board that administers the Certificate of Need statute.

Appointed by Gov. Mike Parson during the interim to fill a vacant seat, Cole can serve until approved by the state Senate — whom has 30 days to consider interim appointees once they convene.

The former-chairman of the Missouri Republican Party is a practicing lawyer in Cassville, Missouri. Cole is a currently Chairman of the South Barry County Hospital District Board of Directors and the Chairman of the Mercy Health System Western Region Board of Directors.

He has previously served on the Coordinating Board of Higher Education for the State of Missouri, the Crowder College Foundation Board of Directors, the Cassville R-IV Board of Education, and is a past president of the Cassville Area Chamber of Commerce.

The committee, which administers the Certificates of Need by statute, met on January 7, 2019, for a full meeting where they worked through six new business items and four old business items.

The Delta South Nursing and Rehabilitation facility in Sikeston, Missouri, was

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denied its application to add nearly two dozen skilled nursing beds. The facility, which opened in August 2017, has made the request for additional SNF beds twice previously.

Delta South was looking to convert 15 assisted living rooms — and forfeit the licenses on those beds — and existings space within the facility to create 22 SNF private rooms. On January 8, 2018, a CON application by the applicant to add 25 SNF beds to the facility was approved for 3 SNF beds. These beds have been licensed. On May 7, 2018, a CON application to add 15 SNF beds to the facility was denied.

The unmet need formula used by the committee currently shows a 497-SNF bed surplus. Other facilities in a 15-mile radius have between a 50 percent and 62 percent occupancy rate. Once Delta South has been up and running for 18 months, they will have the option of purchasing SNF bed licenses from other facilities.

“Mr. Cole appears to be running an excellent facility, and I am grateful for service he is providing at Delta South,” Rep. Jack Bondon, chair of the committee, told the Missouri Times. “There remains a remedy by purchasing beds from another

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rate decrease for Ameren customers Alisha Shurr

he Missouri Public Service Commission worked through five agenda items during their first meeting of 2019, denying two applications for rehearing, approving new rates, and approving an application for a telecommunications carrier.

The regular agenda meeting got underway on Thursday morning, where the commissioners worked their the agenda items in less than half an hour.

Ameren Missouri was denied their application for a rehearing in their request to to establish a Renewable Energy Standard Cost Recovery Mechanism in conjunction with the application for a certificate of convenience and necessity to construct and operate a wind generation facility.

The Public Service Commission did approve changes to that will adjust Ameren Missouri’s fuel and purchased power adjustment charge as well as the Energy Efficiency Investment Charge.

Under the filings approved by the commission, a typical residential customer will see the FAC drop by approximately $2.15 a month (from $1.96 a month to a refund of $0.19 a month) and the EEIC drop by approximately $3.33 a month (from $3.74 a month to $0.41 a month). The two reductions total approximately $5.48 a month and will take effect on January 25, 2019.

Aristotle Unified Communications’ request to be designate as an Eligible Telecommunications Carrier was approved.

The commission also denied a rehearing regarding Missouri-American Water Company’s application to establish an infrastructure system replacement surcharge.

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SWEARING IN 2019

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SWEARING IN 2019

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What voter-approved Clean Missouri changes and does not change Alisha Shurr

At the start of November, Missourians overwhelming decided to overhaul the current ethics system in the General Assembly and replace it with significantly more stringent limits.

The new standard approved at the ballot box institutes lower campaign contribution limits, limits lobbyist gifts, and opens up all lawmaker communications to the state’s open records law.

Most of the changes made by Amendment 1, backed by the campaign committee Clean Missouri, will go into effect on December 6, 2018. One of the more controversial provisions within the measure will not be utilized until legislative districts are redrawn after the 2020 U.S. Census.

There is already talk of a potential battle in the courtroom and possible scrutiny in the General Assembly in the upcoming years. A campaign committee has also been formed to consider a revised redistricting measure on the 2020 ballot.

But what does the passage of Amendment 1 mean for lobbyists, lawmakers, and the average Missourian?

For lobbyists, lawmakers, and Missourians, the new regulations will affect all communications within the General Assembly and the makeup of the legislature following the next redistricting.

A provision within Amendment 1 expands Missouri’s open records and retentions laws to include members of the state House and Senate.

Lawmakers though the years have maintained that their individual communications were exempt from Missouri’s Sunshine Law — which allows members of the public to request records from any public governmental body.

The constitutional change could give the public a glimpse into the inner working of the legislature, including lobbyist communications and how lawmakers meet the needs of their constituents. But, it is emails between legislators and constituents that has fueled the argument for keeping those records private for several years.

Before the passage of Amendment 1, some lawmakers said that their constit-

uents’ emails with problems that can be very personal and sensitive and those shouldn’t be available for everyone to view.

“Constituents now face reality that all their personal issues will be made public,” tweeted Rep. Jean Evans. To which, another Twitter user replied, “A veteran needing something in government fixed to help with his benefits should expect privacy.”

Proponents of the legislation pushed back on that narrative, saying all other elected officials, from the governor to city councilpersons, have been complying with the law since it was enacted 45-years-ago.

“There are protections built into the Sunshine Law,” said Ben Singer, communication director for Clean Missouri, the campaign backing Amendment 1.

He noted that sensitive information in emails can be redacted or withheld.

The other highly controversial provision within the amendment related to the changes to the way legislative maps are drawn. The changes laid out in Amendment 1 for redistricting is a multi-step process involving members of both parties and input from the public.

Under Amendment 1, a “non-partisan state demographer” would draw the state’s legislative districts following the completion of the 2020 U.S. Census. Individuals would apply to the state auditor to be the demographer and then the auditor — currently Democrat Nicole Galloway, who was just elected to a fouryear term — would submit a list of at least three names to the Senate.

If the Senate majority and minority leaders agreed on one of the names submitted, the process would end there and that person would become the demographer. If the two party leaders disagreed, they would each be able to take names off the list before the demographer would be picked through a lottery system.

Any Missourian that has served in a partisan, elected position within four years of applying to be the demographer is not eligible for the position. And the selected demographer is barred from

holding office as a member of the general assembly for four years following the date of the presentation of his or her most recent legislative redistricting map to the house apportionment commission or the senatorial apportionment commission.

“Districts shall be designed in a manner that achieves both partisan fairness and, secondarily, competitiveness,” the amendment states. “Partisan fairness means that parties shall be able to translate their popular support into legislative representation with approximately equal efficiency. Competitiveness means that parties’ legislative representation shall be substantially and similarly responsive to shifts in the electorate’s preferences.”

The map, once drawn, still goes to a House-appointed commission, whom then will still hold meetings, public comment hearings, and have the ability to make changes to the map.

Amendment 1 gives the commission 10 days after receiving the proposed legislative map to meet and organize three public hearings. The measure also gives the commission no more than two months to submit a final map to the Secretary of State’s Office.

Some opponents have expressed concern that the measure would allow noncontinuous, noncompact district and limit minority representation.

The same group of opponents who tried to boot the initiative off the ballot say they are mulling further legal action over the redistricting provision. There have also been rumblings by lawmakers that the General Assembly will take on revamping the changes.

A campaign committee, called Fair Missouri, has been formed to revise the recently-approved redistricting plan before it takes effect in 2021. Eddy Greim, who attempted to get Amendment 1 removed from the ballot, is listed as the committee’s treasurer.

For lobbyists, the new measure directly limits the amount they can spend at one time as an expenditure to a lawmaker. All gifts to state legislators, or their

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New lawmaker looks to protect minors while combatting sex trafficking Alisha Shurr

In Missouri, a 16-year-old cannot legally consent to have sex but that same adolescent can be charged with prostitution and one incoming-lawmaker is looking to change that.

Rep. Mary Elizabeth Coleman has filed her first piece of legislation which aims to fight sex trafficking and protect children. The pre-filed bill, HB 397, makes three distinct changes with the intention of combating sexual exploit at ion while putting state law in line with federal standards. “ There has been a tremendous amount of work done,” said Coleman.

“What we have in place just doesn’t go far enough.”

The issue was brought to her attention while she was campaigning for the opportunity to represent her community — which includes parts of Jefferson and St. Louis Counties — in the General Assembly.

One of the women in Coleman’s district is a sex trafficking survivor and a veteran, who also does a lot of work in both of those areas. The constituent shared her story and shared the issue facing other youth in the state.

“I don’t know if you can hear someone’s personal story like that and not be moved, and then to find out our laws are not written in a way that allows appropriate punishment for those that are benefitting and allows those being victimized to be charged, without wanting to do do

“I don’t know if you can hear someone’s personal story like that...without wanting to do do something.”

something,” said Coleman.

The problem was multifaceted, she noted. The safe harbor provisions aren’t quite enough to do what they were intended to do, survivors aren’t always treated as survivors, and the statutes don’t adequately cover those profiting off of sex trafficking.

So, after looking at the laws in other states, conversations with stakeholders, and a lot of research, Coleman filed a bill to address the problem.

HB 397 would expand the definition of gang activity to include commercial sex trafficking, eliminate the coercion portion of affirmative defense for minors, and allow for those convicted of prostitution while a minor to have that record expunged.

The changes would put Missouri statutes in line with those on the federal level and other states that are having better success combating sex trafficking and commercial sex with children.

Under Missouri law, a minor cannot consent to sex but can be charged with prostitution. There is an affirmative defense for a minor charge with prostitution but it includes being under the coercion of an agent. Dropping the coercion requirement is an effort to protect children, according to Coleman.

“The idea is to try and make it so those that are victims are treated as victims and given resources rather than being criminally charged,” said Coleman. The same theory applies to allowing previous prostitution convictions of minors to be expunged.

And broadening the definition of gang activity “allows prosecutors to go after those who are financially benefiting, but not necessarily involved on the ground level.”

She noted that there are those who are involved in the sex trafficking trade making decisions that have no contact with the children and the definition change would allow prosecutors to go after those guys.

“It is such an obvious problem with a clear cut solution that other states have been doing…if there is a way I can help then how could you not?” asked Coleman.

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The Missouri Times

SCHATZ STRESSES QUALITY OVER QUANTITY Alisha Shurr

As the ranks of Missouri’s Senate gains new members, some enter politics for the first time while others are seasoned veterans of the General Assembly and the chamber gained new leadership.

Sen. Dave Schatz has been elected by his colleagues to fill the void left by Sen. Ron Richard when he termed out. Speaking to his fellow senators for the first time as President Pro Tem, Schatz noted that the quality of the measures passed will be of focus.

“When I look back on this session, I will not measure our success by the quantity of legislation we pass but by the quality. We won’t measure ourselves by the number of days we spent here—but by the lives we positively impact,” said Schatz.

In a media availability, Schatz’s noted that the priorities for the session aren’t his personally, but rather the members of the caucus and the people they represent.

He noted that the chamber must work to reduce the burden of government by promoting reforms to our regulatory, tort, and tax systems to ensure Missouri

can compete and win in the 21st century.

Every elected official owes it to the people of Missouri to remain committed to great schools, good jobs, and safe communities.

Transportation infrastructure is a bipartisan priority that has no easy solution. In November 2018, voters rejected a motor fuel tax increase that would have gone to fund roads and bridges.

“I think we all understand the need for investment in infrastructure,” Schatz told the media. “There are creative things that can be done out there that will have to explore and look at. Having the voters reject Prop D was disappointing, but the problem is still there and we have to solve it. We are going to have to be creative.”

Schatz pledged to be fiscally responsible and pass a balanced budget while making sure that education and infrastructure “receive the investment they deserve.” He also said it was “unlikely” that the right-to-work proposals gain any traction this session.

Talk of making changes to Amendment 1 — the so-called Clean Missouri measure that made sweeping ethics

changes — has come up often. Majority Floor Leader Caleb Rowden noted that the constitutional amendment needs some tweaks.

“I’m not questioning the intention of Clean Missouri. I think it was very poorly written. And I think we are going to have to come back and make some changes to it that aren’t designed to change the intent but to make it so that actually functionally does what the folks want it to do,” said the Senate Floor leader.

Throughout all of the issues, Schatz noted that it is important to remember why voters sent them to Jefferson City.

“We can disagree without being disagreeable—it’s a choice we must consciously make every day. The work we do here isn’t glamorous and it often attracts harsh and sometimes hurtful feedback— but it’s important work nevertheless,” said Schatz. “The faith our constituents have placed in us is immense—we have a responsibility to them to look beyond our differences and find common ground.”

BLACK CAUCUS TO FOCUS ON CRIMINAL JUSTICE REFORM The Legislative Black Caucus elected new leaders, putting Rep. Steven Roberts at the helm.

Alisha Shurr Two incoming representatives were also elected to posts, with Rep.-elect Ashley Manlove to serve as vice-chair and Rep.-elect LaKeySha Bosley to serve as secretary. Rep. Richard Brown was voted in as treasurer.

“We have a great team put together,” said Roberts. He noted that five members of leadership in the House are members of the Black Caucus.

“One of the things I am most excited about is that, after watching what happened last session, Republicans seem to have an appetite for criminal justice re-

form,” said Roberts. “We passed the Raise the Age bill and there has been interesting in getting rid of mandatory minimums. We hope that we will be able to continue passing some of those criminal justice reforms that need to be done.”

Part of the criminal justice reform he would like to focus on is the current cash bail system along with mandatory minimums for some crimes and working in preventative measures.

“The one thing that is going to cut down on crime is a good paying job,” said Brown.

And vocational training along with a

good education is a way together with a good paying job, according to Bosley. She mentioned that bringing trade programs back into the public school system would be beneficial to Missourians.

Workforce development is not only a priority of the Black Caucus but also a hallmark of Mike Parson’s governorship.

“I think one of the new things we are excited about is Gov. Parson and that we are not dealing with any scandal,” said Brown. “Gov. Parson has been very welcoming and inviting to members on both sides of the aisle. He is listening, he wants

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to actually govern the state of Missouri.

So I am very excited to be able to work with him and try to pass legislation that is beneficial to all Missourians.”

Brown noted that public safety will also be a point of focus along with some “common sense” gun regulations.

“People are dying. We have to do something,” said Brown. “We are not saying ‘take guns away from people.’ We are saying ‘use common sense.’”

Brown said that it was personal. As a public school teacher, he had students killed by handguns and a friend was

killed at the Pulse nightclub shooting.

Manlove noted that throughout her campaign, safety was a common concern brought up by her constituents. She said high schoolers comments on being fearful of hanging out at their school.

Roberts noted instituting some safety measures moving forward wasn’t out of the realm of possibility. In 2018, he had a firearmssafetybillpassedoutoftwoHousecommittees.

All in all, the new leadership of the Black Caucus said they were optimistic and excited for the 100th regular session of the Missouri General Assembly.

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Iowa Sen. Ernst to speak at 2019 MOGOP Lincoln Days The junior U.S. Senator from Iowa will be the keynote speaker at the 2019 Lincoln Days.

Alisha Shurr The Missouri Republican Party announced on Monday that Sen. Joni Ernst will speak during the Saturday night banquet at the annual Lincoln Days conference. The conference is set to take place March 1 - 3 in St. Louis. For tickets: visit mogop.org or email tickets@mogop.org “Joni will be a big draw, sharing her story of growing up on her family farm in southwest Iowa, working

construction jobs to help pay for college, serving more than twentythree years in the United States Army, and ultimately becoming the first female combat veteran to serve in the United States Senate,” said MOGOP Chairman Todd Graves. “Joni has fought for farmers, for cutting taxes, and put herself in harm’s way to serve – she is someone who unquestionably shares Missouri values, and we can’t

wait for her to join us at Lincoln Days.”

Ernst is currently serving her first term in the U.S. Senate, elected to the position in 2015. She served in the Iowa Army National Guard from 1993 to 2015, retiring as a lieutenant colonel, and from 2011 to 2014 she served as an elected official in the Iowa state senate.

Missouri’s largest medical marijuana conference coming to St. Louis Attendees will convene at St. Louis’ historic Union Station this spring with opening remarks by DHSS’ new marijuana director On Tuesday, the Missouri Medical Cannabis Trade Association (MoCannTrade) announced the state’s largest medical marijuana trade conference, MoCannBizCon + Expo, will take place on March 11 and 12 at Union Station in St. Louis.

In the November 2018 general election, Missourians overwhelmingly approved Amendment 2, with over 66% voting yes, making Missouri the 31st state to allow doctors to recommend medical marijuana to patients with serious and debilitating illnesses. MoCannBizCon + Expo will provide an expected 1,000-1,500 attendees the knowledge and resources to successfully participate in Missouri’s new medical marijuana industry.

Under Amendment 2, the Missouri Department of Health and Senior Services is charged with implementing and regulating Missouri’s medical cannabis program. The department announced last month that former State Rep. Lyndall Fraker will be the state’s medical marijuana director.

Fraker will be the opening keynote speaker at the MoCannBizCon + Expo.

“It is important that as the medical marijuana industry builds in Missouri, people interested in investing or participating have access to credible resources and knowledge,” said Andrew Mullins, Executive Director of MoCannTrade. “This will be an opportunity to gain insight and address questions for potential Missouri medical marijuana license holders.

Participants will also benefit from an expansive agenda of seasoned industry experts and speakers covering every aspect of Missouri’s emerging medical cannabis industry.”

MoCannBizCon + Expo will be the largest medical marijuana industry-related event in Missouri to date and will feature keynotes, panel discussions, and workshops.

The conference will also feature a service provider expo hall where industry vendors will showcase banking, legal, security, greenhouse, lighting, license application, IT systems,

operations, insurance, marketing and other services to help prepare attendees to participate in Missouri expected $500M+ market.

The two-day conference will be held at St. Louis’ Union Station in

“It is important that as the medical marijuana industry builds in Missouri, people interested in investing or participating have access to credible resources and knowledge.”

downtown St. Louis on the western end of the Gateway Mall and is produced by event production company Midwest Canna Expos. Vendor booths, conference sponsorships and attendee tickets are all available now and going fast. For vendor, sponsorship, attendee information and ticketing visit the MoCannBizCon+ Expo website: www. mocannbizcon.com.

The Missouri Medical Cannabis Trade Association (MoCannTrade) is an association of business owners, health care providers, professionals, patients and residents responsible for helping to implement a successful, safe, compliant medical marijuana program in Missouri. The membership-based association is directed by a board of diverse professionals experienced in medical marijuana, healthcare, law, pharmaceutical, science, agriculture, law enforcement, security, commercial real estate, finance, public affairs and regulatory sectors. To learn more about MoCannTrade and implementation of the new law, please visit www. mocanntrade.org.

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Lobbyist Moves Courtesy of the Gate Way Group

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