House endorses new abortion provider regulations; sends bill to the Missouri Senate

The Missouri House has passed a Senate bill that proposes new restrictions on abortion.  The House made several changes to the bill, so it goes back to the Senate for consideration.

Representative Diane Franklin carried Senate Bill 5 in the House during the legislature’s second extraordinary session of 2017. (photo; Tim Bommel, Missouri House Communications)

The bill would allow the attorney general to prosecute abortion law violations without first involving local prosecutors; repeal a St. Louis ordinance that bars discrimination in housing and employment against women who have had an abortion, use birth control, or are pregnant; and require annual, unannounced state inspections of abortion facilities, among other provisions.

“The bill that we received from the Senate, we thought, was a good framework but it did not really specifically meet the governor’s call, so we re-put in provisions that helped to provide for the health and safety of women,” said Representative Diane Franklin (R-Camdenton), who carried Senate Bill 5 in the House.

Democrats argue the legislation is not about women’s health and safety, saying it is about making it more difficult for women to get abortions in Missouri.

“For the entire last week the only word I’ve heard was, ‘abortion,’” said Representative Deb Lavender (D-Kirkwood)“It’s actually a scam that we think – we’re saying – that we’re protecting women when actually all we’re doing is putting additional hurdles in their way for them to access healthcare.”

Franklin said a key provision for her is language that would require that all tissue removed after an abortion is sent to a pathologist, rather than a sample as is required now.  A pathologist would have to account for all tissue and note any issues.  The Department of Health would follow up any inconsistencies with an investigation.  It would also report annually to the legislature all information it gathers regarding fetal tissue handling.

Franklin has carried various forms of such language going back several sessions, after a series of videos emerged alleging that Planned Parenthood was selling fetal tissue after abortions.

“I think that especially important that I worked on have been the fetal tissue portion of that – the tracking of that – so that we have the assurance that it is indeed going where it should be going and that our department is able to keep track of that,” said Franklin.

The bill also aims to bar laws that would interfere with the operations or speech of alternatives to abortion agencies.  Representative Hannah Kelly (R-Mountain Grove) says those agencies do a lot to help pregnant women.

“They offer pregnancy testing; ultrasounds – I’ve heard many, many, many stories directly from young mothers who … were in a place where they didn’t have any other options.  They needed alternatives and they needed help, and coming back to me, in particular, and saying, ‘I saw my baby.  I saw my baby move,” said Kelly.

Democrats are critical of information given out at alternatives to abortion agencies, saying it is medically inaccurate and skewed toward discouraging a woman from having an abortion.  Republicans say the agencies give women information with which they can form their own decisions.

Representative Cora Faith Walker offered an amendment that would have required quarterly reporting from alternatives to abortion agencies, but it was voted down. (photo; Tim Bommel, Missouri House Communications)

Ferguson Democrat Cora Faith Walker also questioned the effectiveness of those agencies.

“In total there are about 70-plus alternatives to abortion agencies that exist here in the state of Missouri and yet we still have issues with infant mortality rates and maternal mortality rates that surpass national averages,” said Walker.  “In specific areas of Missouri where there seem to exist several alternative to abortion agencies that are supposed to be providing healthcare and other services to women as an alternative to abortion, we still have these very, very high infant mortality rates.”

The legislature returned to Jefferson City in a special session to consider abortion legislation at the call of Governor Eric Greitens (R).  Democrats used debate of SB 5 to criticize the governor for what they said was a stunt meant to help him politically.

“Make sure we’re not letting a governor bring us back to special session for political gain,” said St. Louis City Democrat Bruce Franks, Junior“I know how passionate you (Republicans) all are about this issue.  I would never take that away from you.  I know how passionate we (Democrats) are.  But we’re not paying attention to how we’re being played … Now just because this is one of our particular issues that we feel so strongly about doesn’t mean it’s right that we’re here.”

Republicans called the session an important opportunity for the state to reaffirm a commitment to protecting unborn children and making sure women receive proper care from abortion providers.

House Speaker Todd Richardson (R-Poplar Bluff), when asked about lawmakers’ attitudes toward the governor, said, “I think we’ve been focused here in the House on issues, and I think the issues that we’ve worked on back in regular session and through these two special sessions are issues that are of particular importance to the House, and they’re of particular importance to members of the Senate as well, so the fact that we’ve got a governor that’s willing to engage on these issues has been positive and helpful.”

Representative Jay Barnes (left) talks with House Speaker Todd Richardson. Barnes offered several amendments that contributed to the final form of Senate Bill 5. (photo; Tim Bommel, Missouri House Communications)

Democrats note courts have ruled against laws that placed similar restrictions on facilities that provide abortions, and say this legislation will likely be thrown out as well.

“You already know this is going to straight to litigation once it goes into effect, and you also know the [financial cost to the state of defending it],” said St. Louis Democrat Stacey Newman.

Richardson believes if the bill the House passed is challenged in court, it will be upheld.

“This is obviously a very highly litigated area of the law.  It will continue to be a highly litigated area of the law in every state, but I’m very confident that the state of Missouri, if this law is challenged, will prevail,” said Richardson.

The state Senate is expected to debate the House’s changes to SB 5 in the coming days.

Despite Governor’s call, House postpones utility modernization debate to another day

The state House has worked to answer Governor Eric Greitens’ (R) call to an extraordinary session on one of the two issues he set before it, but not the other.

Representative Jay Barnes (photo; Tim Bommel, Missouri House Communications)
Representative Jay Barnes (photo; Tim Bommel, Missouri House Communications)

It sent to the Senate on Wednesday a bill that would let the Public Service Commission (PSC) consider lower rates for new facilities that use more than 50 megawatts of electricity per month.  It was prompted by two companies – one looking to restart an aluminum smelter near Marston; the other saying it will build a new steel mill at New Madrid.  Both are in Southeast Missouri where lawmakers agreed jobs are needed badly.

Earlier story:  House uses special session to pass bill aiming to bring jobs to Bootheel

The House did not include language that would give utilities more leeway to set new rates ahead of new infrastructure investments.  That was part of Greitens’ call, but the issue is considered controversial and lawmakers in the House thought including it would keep the rest of the legislation from passing in the Senate.

Some lawmakers, however, said the issue is one that needs to be discussed.

“I think our state needs to have a conversation about energy policy for the next 40 years and not just the next four months,” said Representative Jay Barnes (R-Jefferson City), who brought the infrastructure-related language to the floor in order to have legislators discuss it before he withdrew it.

Barnes said the language that was originally in House Bill 1 was too broad, and instead supports legislation that would allow the PSC to consider increasing rates ahead of improvements to power grids and other infrastructure in order to pay for those improvements.

“At least for one utility in this state there are four coal plants that are on average at least 50 years old.  Some of those need retrofitting and there are those in American society who would want those closed down altogether,” said Barnes.  “Half of the substations for the utility company that services my area are over 40 years old … much of the electrical infrastructure underground in St. Louis that supports our state’s biggest city is 80 to 100 years old.  As a state we are living on the investments of our grandparents … there are tough decisions to be made about how to modernize that infrastructure.”

Critics like St. Louis Democrat Tracy McCreery say what Barnes is discussing would give a “monopoly utility” the chance to get “extra money.”

“That’s what grid modernization is.  It’s the ability for them to get money ahead of time and faster in order to do things that I think they should be doing already,” said McCreery.

Representative Tracy McCreery (photo; Tim Bommel, Missouri House Communications)
Representative Tracy McCreery (photo; Tim Bommel, Missouri House Communications)

Barnes said he hopes the legislature will revisit the discussion of grid modernization incentives.  House Speaker Todd Richardson (R-Poplar Bluff) agrees.

“I think the State of Missouri needs to have a longer-term conversation about energy policy and what that needs to look like.  The status quo with energy policy right now isn’t working particularly well,” said Richardson.  “Our ratepayers in Missouri are seeing significant increases almost every 12 to 18 months.”

Richardson said the House in this week’s special session was focused on passing the other issue called for by the governor so those two companies would not pull out of plans to come to Missouri.  Barnes noted grid modernization legislation in the past has been “stymied” in the Senate.

House uses special session to pass bill aiming to bring jobs to Bootheel

The Missouri House worked quickly this week to let the Public Service Commission (PSC) clear the way for some 500 or more jobs in Southeast Missouri.

Representative Don Rone (photo; Tim Bommel, Missouri House Communications)
Representative Don Rone (photo; Tim Bommel, Missouri House Communications)

The House has passed to the Senate a bill that would let the PSC consider lower utility rates for two companies – one that says it will reopen the Noranda aluminum smelter near Marston; the other saying it will to build a new steel mill at New Madrid, both in Southeast Missouri.

Both companies want lower utility rates that would allow those facilities to be profitable.  House Bill 1’s main provision would allow the PSC to consider whether to grant those rates.

Its sponsor, Representative Don Rone (R-Portageville), spoke passionately numerous times to his colleagues about the need for jobs in his region and the need for this legislation.

“On behalf of the people from my district I want to thank everybody in this body on both sides of the aisle whether you voted for it or against it, that’s fine.  The outcome was good for my people,” said Rone.

House Speaker Todd Richardson (R-Poplar Bluff) said it is poetic that one of the facilities will be in an industrial park that bears the name St. Jude.

“I cannot think of anything more appropriate than to have the patron saint of lost causes be the location for this extraordinary project,” said Richardson.  “If you travel across rural Missouri there are people that believe industry is never coming back to rural Missouri … but the notion that we cannot bring industry and we cannot bring business back to rural Missouri is wrong, and we’re going to show it today.”

Similar language passed out of the House during the regular session 148-2, but did not pass out of the Senate.  Governor Eric Greitens (R) called legislators back to Jefferson City to reconsider the issue, and it was met with less support.

Some Democrats, including Fred Wessels (D-St. Louis), said granting lower utility rates doesn’t make sense when the state has other incentives to help lure businesses to Missouri.

“This is a nutty way to do business when you have alternative sources,” said Wessels.

Representatives Judy Morgan (D-Kansas City) and Sarah Unsicker (D-St. Louis) were among Democrats who didn’t feel comfortable with the fact that the name of the company proposing the steel mill hasn’t been shared publicly.

“I was just so uncomfortable with the fact that there was no guarantee on the number of jobs, there was no guarantee on a clawback provision, there was no guarantee on a salary … I think I would’ve supported the bill if it had some of those items in it,” said Morgan.

“We’re letting this unknown company dictate the terms of the negotiation without holding their feet to the fire to say, ‘You need to do what you’re promising,” said Unsicker.

Representative Fred Wessels (photo; Tim Bommel, Missouri House Communications)
Representative Fred Wessels (photo; Tim Bommel, Missouri House Communications)

Some Democrats also contend that if the PSC grants a lower utility rate for those two companies other Ameren customers will have to pay more to make up the difference.

“My constituents, our constituents, don’t really care whether they’re writing a check to the IRS or the Missouri Department of Revenue or to Ameren, I mean it’s still money,” said Representative Tracy McCreery (D-St. Louis)“Should we be doing economic development on the backs of people who pay their electric bills, and is that the right way to make policy for this state?”

Rone said there’s no way to know for sure whether Ameren customers’ rates will increase.

“Everybody’s assuming – they don’t know.  What crystal ball are they looking at?” asked Rone.  “I’ve been working this since last January and I can’t tell you what the average rate is at that location.”

The special session was called by Greitens one week after Rone called attention to the issue in a passionate floor speech, in which he called several senators “heartless,” and “selfish,” for rejecting his proposal.

Rone’s bill goes to the Senate on the strength of a bipartisan 120-17 vote.  It includes a clause that would make it effective immediately upon being signed by the governor.

(VIDEO) Rep. Bruce Franks discusses chairmanship of new panel on police/community relations

Representative Bruce Franks, Junior (D), has been chosen by House Speaker Todd Richardson (R) and Representative Don Phillips (R), the chairman of the House Committee on Crime Prevention and Public Safety, to chair the newly formed Subcommittee on Police/Community Relations.

Franks discusses why the House Republican supermajority’s leadership considers him an “ideal choice” to head this committee, even though he is a member of the Democratic minority.  He also talks about the work the committee will do and  how he plans to approach that task.

Franks sits down to discuss the new subcommittee with House Communications’ Mike Lear.

Missouri Legislature approves House Bill to toughen penalties for illegal herbicide use

The legislature has passed a House bill that would toughen penalties for those who illegally apply herbicides.

Representative Don Rone says hundreds of farmers in the Bootheel suffered damage due to illegal herbicide use.  (photo; Tim Bommel, Missouri House Communications)
Representative Don Rone says hundreds of farmers in the Bootheel suffered damage due to illegal herbicide use. (photo; Tim Bommel, Missouri House Communications)

House Bill 662, sponsored by Portageville Republican Don Rone, was filed in response to incidents last year in which farmers applied the product dicamba, resulting in damage to neighboring farmers’ crops that used seeds not resistant to that herbicide.  With Thursday’s vote, the bill goes to Governor Eric Greitens (R) for his consideration.

Under the bill if the Department of Agriculture finds someone has used a particular herbicide on a crop for which its manufacturer did not intend its use, the Department can fine that person up to $10,000.  If that person violates the bill’s provisions twice in three years, the fine can be up to $25,000.

The House had proposed fines up to up $1,000 per acre on which the herbicide had been applied and up to $2,000 per acre for what the bill terms “chronic violators.”  The Senate changed those fines and the legislature adopted the Senate’s version.

Rone explained the Senate’s proposal could actually be tougher on a violator.

“When you put that into a per-violation, it will become a larger penalty than we had at $1,000 an acre,” said Rone.  “What I mean by that is if you look at this document that I just received at our local distributor, there’s 11 items on here that you have to do to use the compound of dicamba.  Each one of those, if you don’t do that, is a violation.  So this, if you didn’t  do any of these things that the label requires you to do, that’s $110,000 for a field, so they really did increase the ability to fine someone for the illegal use of it.”

Rone said farmers whose crops are damaged by improper herbicide application could still go to court to seek civil penalties against those responsible.

After the House agreed with the senate and approved House Bill 662, House Speaker Todd Richardson signs it so it can be sent to Governor Eric Greitens for his consideration.  (photo; Tim Bommel, Missouri House Communications)
After the House agreed with the senate and approved House Bill 662, House Speaker Todd Richardson signs it so it can be sent to Governor Eric Greitens for his consideration. (photo; Tim Bommel, Missouri House Communications)

The bill includes an emergency clause, which means it would become effective immediately upon being signed by Governor Greitens.  Normally legislation goes into effect on August 28 unless otherwise specified.

St. Louis Democrat Tracy McCreery said that emergency clause is important.

“It’s because we’re dealing with planting seasons and growing seasons and that kind of thing, so this absolutely, for it to have any teeth, has to go into effect before August 28 or we will have missed our window of time to make a difference,” said McCreery.

The bill also gives the Department additional powers to investigate claims of illegal uses.  Farmers penalized for illegal uses would be liable to the Department for its expenses and for personal property affected.

Fines collected under HB 662 would go to the school district local to the effected farms.

A University of Missouri Extension plant sciences expert told lawmakers 150 or more farmers last year lost an average of 35-percent of the crops when wind and temperature changes caused illegally applied herbicide to spread onto nearby fields.

Though such improper use of herbicides is illegal, Rone said many farmers would still do it if it offered them an advantage because current fines are not enough of a deterrent.

The House voted to pass HB 662, 143-12.  Governor Greitens could sign the bill into law, veto it, or allow it to become law without taking action on it.  Rone and other legislators are hopeful he will sign it into law in time for farmers to begin work toward planting season.

Earlier stories:

Missouri House proposes bigger fines for illegally applying herbicides, after Bootheel farmers’ losses

House asked to consider tougher penalties for illegal herbicide use that cost farmers crops

House makes good on Speaker’s promise: gift ban proposal first out of gate

The Missouri House made good on its speaker’s promise that the first bill it would send to the Senate this year is a proposal to ban gifts from lobbyists to legislators.

Representative Justin Alferman's gift ban proposal garnered more votes than its 2016 version.  (photo; Tim Bommel, Missouri House Communications)
Representative Justin Alferman’s gift ban proposal garnered more votes than its 2016 version. (photo; Tim Bommel, Missouri House Communications)

House Bill 60 is sponsored by Hermann Republican Justin Alferman.  He said its goal is to ban the giving of, “individually, personally consumable gifts,” to legislators.

“What we are limiting is legislators’ ability to take free things,” said Alferman.

Under the bill, meals to which all members of the General Assembly and all statewide elected officials are invited to and that are held in Missouri with 72-hours’ notice would be allowed.

The bill was amended from its initial version to remove language regarding legislators accepting meals at events at which they speak.  Alferman said a review of other state law and the Ethics Commission’s interpretation, that language was found to be unnecessary.

“What we were trying to do was make sure that individuals can still speak to their local chambers or local business organizations and do so as part of a public presentation.  We quickly realized that the language that we included was unnecessary and probably was actually a loophole that could have been exploited,” said Alferman.

Other changes in the bill clarify that flowers and plants may be given to legislators as “expressions of condolence or congratulation,” and plaques given by organizations to recognize a lawmaker would be exempted from the ban as well.

The bill goes to the Senate which last year failed to advance a similar proposal.  Alferman thinks HB 60 is as likely as it can be to reach Governor Eric Greitens, who he notes has been supportive of a gift ban.

“I think with the added push from [Governor Greitens] and with the dedication of [Senate President Pro Tem Ron Richard] and [Senate Majority Floor Leader Mike Kehoe] and Senator [Bob] Onder, I am confident that it has the best opportunity of passage that it ever has,” said Alferman.

The bill cleared the House with overwhelming bipartisan support, 149-5.  Some Democrats did say they hope it will not be the last action the House takes to address ethics, and Alferman said he agrees.

      “I think the next one on the plate absolutely should be Representative [Shamed] Dogan’s (R-Ballwin) bill to basically address the lobbyist concern that we have on local governments, that being cities, counties, school boards, school administrators,” said Alferman.  “I think that’s probably one of the most under understood and underutilized lobbyist restrictions that we have currently in the state.”

House Speaker Todd Richardson (R-Poplar Bluff) said on the opening day of the session that he wanted a gift ban to be the first bill the House sent the Senate.

House committees to deep dive into Missouri business regulations and licensing

Two state House committees are preparing to dive into the state’s framework of regulations and licensing requirements in an effort to make it easier to own and operate a business in Missouri.

House Speaker Todd Richardson (photo; Tim Bommel, Missouri House Communications)
House Speaker Todd Richardson (photo; Tim Bommel, Missouri House Communications)

House Speaker Todd Richardson (R-Poplar Bluff) announced in his opening day address that he’s instructed the House Committee on Government Efficiency and the House Committee on Professional Registration & Licensing to review those requirements.

Richardson said Missouri regulations have slowed the success in Missouri of ridesharing companies Uber and Lyft and lodging companies HomeAway and AirBnB, and he said there are other examples.

“We’ve talked a lot time talking about hair braiding.  It’s ridiculous to me that you’ve got to go through the kind of hundreds hours requirement that you have to go through in this state just because you want to braid hair to make a little extra money,” said Richardson.

Richardson said he wants those committees, “to look at the places where Missouri is out of step with the regulatory requirements necessary to protect the public’s safety.” 

Representative Robert Ross (photo; Tim Bommel, Missouri House Communications)
Representative Robert Ross (photo; Tim Bommel, Missouri House Communications)

The Committee on Professional Registration & Licensing is chaired by Yukon Republican Robert Ross, who said tempering business regulations is a balancing act.

“We have a responsibility to protect the individuals across the State of Missouri, but yet when the scale moves too far the other direction – when regulations become burdensome to business, that aren’t really effectively serving that purpose of protecting the public … it’s our responsibility to step in and pare those back to where we effectively meet the needs of protecting the public while, however, not being overly burdensome to businesses across the state,” said Ross.

Representative Delus Johnson (photo; Tim Bommel, Missouri House Communications)
Representative Delus Johnson (photo; Tim Bommel, Missouri House Communications)

St. Joseph Republican Delus Johnson chairs the Committee on Government Efficiency, who said it could be a multi-year process to vet all the regulations and requirements that are in place.

“Having these committees working hand-in-hand is going to be an asset for every person that’s either trying to get a job or to create a business that creates jobs in the state,” said Johnson. 

Ross is also going to file legislation known as, “The Sunshine Act,” which would require an analysis of proposed regulations before they are enacted.

Both committees are expected to begin meeting in the coming weeks.  The 2017 legislative session began Wednesday.

Missouri House to investigate reports of harassment within Department of Corrections

The state House of Representatives will investigate reports of harassment within the state Department of Corrections, which has reportedly victimized numerous employees and cost the state millions in legal settlements.

House Speaker Todd Richardson (photo; Tim Bommel, Missouri House Communications)
House Speaker Todd Richardson (photo; Tim Bommel, Missouri House Communications)

A recent article on Pitch.com outlined multiple cases in which, it said, court documents showed some Corrections employees were the victims of harassment, retaliation, and threats based on sex, age, religion, or physical ability.

In several of those cases, the employees or former employees making the allegations agreed to a settlement with the state.  Between 2012 and 2016 those settlements totaled more than $7.5-million.

“The things that have been reported coming out of the Department of Corrections are unacceptable.  They’re unacceptable for our state.  They out to be unacceptable in any workplace environment,” said House Speaker Todd Richardson (R-Poplar Bluff). 

“They’re doubly concerning here in Missouri because it’s leading to a huge budget impact.  The cost to the state to have to settle these claims has been significant,” said Richardson.

He said the House would take up a “very thorough review,” of what’s been happening at the Department.

“That will involve our budget committees but it’s also going to involve our policy committees, so we can get to the bottom of what’s going on and most importantly – how do we make the environment better than it is today,” said Richardson. 

Representative Kathie Conway (R-St. Charles) chairs the House committee that deals with the Department of Corrections’ budget.  She said the reports of harassment never came up in her committee, even though they were resulting in sizable settlements.

“That is a personnel matter, and other than how many employees they have or need or have positions to fill, as far as budget goes that’s the only personnel issues we become involved with,” said Conway. 

The line in the state budget from which money for settlements with the state comes does not have a finite dollar amount in it.  Rather, it has an “E” at the end of that line, meaning it includes an estimated amount.  That allows for additional money to be used for that purpose, as needed.  Conway said that is one reason the settlements never came to the attention of a legislative committee.

Richardson said details on how the House investigation will proceed will be released in coming weeks.

House Speaker expects results, passage of right-to-work, after 2016 General Election

Missouri’s House Speaker is pleased with a general election that saw his party retain supermajorities in both his chamber and the state senate, as well as in the governor’s office and other statewide offices.

House Speaker Todd Richardson (photo; Tim Bommel, Missouri House Communications)
House Speaker Todd Richardson (photo; Tim Bommel, Missouri House Communications)

Republicans will have 117 members in the state House and 24 in the Senate.

Speaker Todd Richardson (R-Poplar Bluff) said he has spoken several times, including last night, with Governor-Elect Eric Greitens (R) and would meet with him soon.

“I think we’re going to find a tremendous amount of common ground and it’s built around a common vision for what Missouri looks like,” said Richardson, “That’s a Missouri that respects and protects individual freedom.  That’s a Missouri that has a stronger, more vibrant, dynamic economy than we have today.  It’s a Missouri that has a strong education system for every Missourian no matter where they were born or where they live.”

Richardson said for his party to have control of both chambers and the governor’s office presents something of a mandate to get things done.

“I’ve been very proud of the record of accomplishments of this General Assembly over the six years that I’ve had the chance to be here,” said Richardson, “The ability that we’ll have over the next two years to affect long-lasting positive change for the state is a unique opportunity and we’re going to be ready to seize on that as soon as the General Assembly comes back in January.”

Richardson said his chamber’s top priorities will be issues that his party believes will improve Missouri’s economy.

“That means a universe of labor reform, tort reform, and education reform,” said Richardson, “I think if we’ll focus on those issues as well as removing some of the government barriers to innovation and economic development, we’ll have the workings of a pretty good agenda to start with

Richardson expects that will include passage of legislation that supporters call, “right to work,” which aims to prevent employees from being required to pay union dues as a condition of employment.

“A lot of this election cycle was on that issue,” said Richardson.  “There were clear contrasts between Governor-Elect Greitens and Attorney General Koster on that issue, and I think there’s always been and continues to be strong support for right-to-work in the General Assembly.  I know it’s an issue that Eric [Greitens] cares deeply about and so I anticipate that will be something that moves its way through the General Assembly very quickly.”

Richardson said ethics reform will also be a priority early in the 2016 session, as legislators  again attempt to pass a ban on gifts from lobbyists to lawmakers.