AUTHOR: Crystal Fontaine

Many people enjoy making a splash to beat the summer heat. On most occasions, if you do not own a pool and you aren’t going to the lake, people generally pay to go to a swimming facility.

House bill number 1341 proposes to establish what may be referred to as “Ethan’s Law”. This Ethan’s Law declares that any owner of a business-related, privately owned swimming pool is to maintain adequate insurance coverage. The owners of such swimming facilities will be required to register with the Department of Public Safety and provide proof that they do have the adequate insurance coverage. According to the act, the coverage must entail the amount of at least one million dollars per incident in the event of an injury or death.

Those that do not abide by Ethan’s Law will be subject to a civil penalty of $250 each day up to a maximum of $10,000 that the facility remains in operation with continued violation. Any owner of the facility will also be liable for the costs that may accrue by the state and political subdivision that enforce the law. For those that think they may get away without the mandatory insurance coverage, please beware. Any person who deliberately breaches Ethan’s Law is guilty of a Class A misdemeanor.  What does that mean? Well, that means legal action will be taken and you may be shut down.

Under the bill, the Department of Public Safety as well as local law enforcement has the responsibility to enforce the regulations stated in HB 1341. Also, any insurance company providing coverage to these swimming facilities must inform the Department of Public Safety if the proprietor(s) decides to either terminate their coverage or fail to renew their coverage. Remember that ignorance isn’t an excuse.

AUTHOR: Crystal Fontaine

Summer has finally arrived, bringing the typical blazing hot days and the occasional weather emergency. This is the time of the year to crank up the A/C, go to the lake, and relax. Hopefully, there are some of you out there that will scribble, in your demanding schedules, time to look at what concerns and issues are being brought up in your Missouri legislation. Since hotter days are on the horizon, it is only appropriate to mention the act SB720.

In section 393.108 of SB720, there is the establishment of the hot weather rule similar to bills SB 11 and SB 955. The hot weather regulation is applied to the period between June 1st and September 30th. Let’s just hope there is a cold weather rule, otherwise electricity only runs a half year guarantee and wouldn’t that be ghastly? Under the rule, providers of natural gas and electricity are prohibited from disconnecting their services to residents on those days when going to the mailbox seems like crossing the desert. Whatever did we do without our current A/C systems and ice makers? I feel a little spoiled.

Coinciding with the hot weather plan, the Utilicare Stabilization Fund no longer has a five million dollar cap, but is subject to appropriations each fiscal year. Providers of heating or cooling can sink their teeth into $200 more from the $600 to the $800 allowed from the Utilicare Stabilization Fund. This will be only on the behalf of eligible households. The act also requires that the Department of Social Services utilize a portion of the funds to the Low-Income Weatherization Assistance Program.

Sections 393.171 and 1150 of the bill deal with the construction of electric plants. The Public Service Commission may sanction the production of an electric plant after it has been constructed; however, no approval or permit will deteriorate any private suits or claims against the constructed electric plant and any costs will be prohibited to be recovered from ratepayers. Any plants illegally constructed after the date of August 28, 2008, will be subject to awarding triple the amount of damages to the plaintiff’s real estate with the addition of any fees accrued in a claim.

Finally, bill SB720 creates the Manufacturer Responsibility and Consumer Convenience Equipment Collection and Recovery Act. Try saying that 20 times in a row. What all does this entail? Manufacturers, in order to sell their computers in Missouri, are obligated to utilize recovery plans for the collection and recycling of their obsolete equipment. The plans must be submitted to the Department of Natural Resources. Also, manufacturers must label their equipment. If violations occur, the Department of Natural Resources and the Attorney General are given the authority to assess penalties.

Bill SB720 may seem minuscule in the great scheme of things; however, it is critical to understand that every piece of legislation is important and does affect each one of us. If it wasn’t, then electrical companies and manufacturers could do whatever they pleased.

AUTHOR: Crystal Fontaine

I would like to write one word: Agriculture. When one thinks of agriculture, images of tractors going five miles per hour down the road or illegal aliens working the fields may spring to mind. Agriculture is the unseen, straggling trade that works to produce the food items that we need and want as well as much more.

The bill SB 931 adapts specifications concerning the management of agricultural incentives and agendas. Under the act, the Qualified Beef tax credit and the Family Farm Breeding Livestock Loan tax credit will be subject to the reporting requirements in the Tax Credit Accountability Act for agriculture. The bill also states that any new or used machinery or equipment used for forestry products shall be exempt from local and state sales tax.

According to the bill, Missouri supports the idea of a voluntary animal identification program; however, it prohibits the Missouri Department of Agriculture from authorizing building registration under the U.S Department of Agriculture’s National Animal Identification System program unless it is explicitly approved to do so. If theses conditions prove to disturb marketing of Missouri Livestock, the governor may just waive it all away. SB 931 states under sections 348.230-348.235 that the State of Missouri may pay the first years interest on any relevant deposit program loan for the acquisition of dairy cows. The section also describes any awards a dairy business planning grants may be given.

As people look to agriculture for their beef and other meats, they also see agriculture in the green light. What is greener than alternative energy sources, such as biomass? The bill creates an income tax credit for the costs of constructing property for alternative fuel and its users. These tax credits shall not exceed twenty percent of direct costs. Each year as taxes are claimed, the claims that may be made must not exceed $3,000,000 the first year and subsequently drop each year thereafter.

Under the law, qualified fuel ethanol manufacturers are eligible for monthly grants. SB 931 asserts that fuel ethanol may be produced from biomass that is qualified by the Missouri Agricultural and Small Business Development Authority (or MASBDA for short). Grant incentives awarded for fuel ethanol created from biomass are approved between January 1, 2009 and December 31, 2019. Unfortunately, it only applies to two producers. Isn’t that just a drag?

The images of agriculture before were just the stereotypical of what one thinks farming is all about. However, times have called upon agriculture to spread its wings and provide ways to create a better environment. As the need for environmental protection increases, we may all look to our agricultural producers in a new light as they may pave the way to use our Earth as a renewable source of limitless energy. With this in mind, we must remember that laws concerning agriculture are important and agriculture itself is vitally important.

AUTHOR: Crystal Fontaine

Eat Healthy. Get up and Exercise. Live Healthy. These are things that we attempt to accomplish and that other’s strive to help us achieve every day. Perhaps we are not always the healthiest person on the bloc; however, we strive to not get sick so we won’t have to go visit that doctor who never seems to diagnose us right. Furthermore, it costs money. Despite all of this, Missouri legislation attempts to create a working health system that at least pleases most of us.

The act SB1283 establishes the Missouri Health Cabinet. The purpose of the Cabinet is to ensure that public policy within the state relating to health is developed so health services are designed, distributed, and administered in a holistic and incorporated manner in order to improve Missourian health. The Cabinet will consist of various state members such as the Governor, the director of the departments of Health and Senior Services, etc. Also, a Health Policy Council will be created to assist the cabinet and will replace the State boards of Health and Senior Services.

The bill also launches the Insure Missouri program, which is to offer health care coverage to low-income working citizens. The maximum participation point depends on funds appropriated and each eligible individual may have an established care account if they can provide payments for their participation. As the saying goes, zilch is free.  Effective as of January 1, 2009, there will be modifications within the eligibility restrictions and quality obligations for the Missouri Health Insurance Pool. Under these modifications, the lifetime benefit cap is increased to $2 million while the Pool must offer one plan that meets the criteria for Medicare and Medicaid for uninsurable persons qualified under the Insure program.

But wait, there’s more! SB1283 requires that hospitals report whenever someone (or more specifically, a physician) makes a big mistake, such as accidentally leaving a scalpel in a patient or death due to medication error. Is that a lawsuit, I smell? These big mistakes are to be reported to the patient safety organization, which will publish an annual report providing details to the public such as the number and rate per patient. For some reason, the thought of a surgeon leaving his scalpel in my body makes me a little queasy. Perhaps hospitals should screen perspective doctors for forgetfulness. In addition, the act creates the Missouri Free Clinics Fund, which is to be used by Missouri Free clinics (we have free clinics?) to enhance infrastructure and strengthen their sustainability so they may assist a larger quantity of people more efficiently.

SB1283 highlights many topics relating to health care. Excluding the issues mentioned above, the bill addresses various other things such as Small Employer Health Insurance Availability Act and Cafeteria Plans. It is necessary to address health care because it is a vastly important topic within Missouri and the nation, especially during a time with the need for change.

AUTHOR: Ashton Cope

With all the hype of the upcoming presidential elections, itʼs easy to overlook the
upcoming state-wide elections. In November, all state-wide elected officials,
representatives, half of the senators, and the U.S. representatives will be up for reelection.
Among the notable candidates for governor are Democratic Attorney General Jay
Nixon, Republican State Treasurer Sarah Steelman, and Republican U.S.

Representative Kenny Hulshof. Prior to current Governor Matt Bluntʼs announcement
that he would not be running for re-election, the outcome of the race seemed to clearly
be in Nixonʼs favor. After that January announcement, however, the outcome is
suddenly unclear. While Nixon had in essence been campaigning for several years, his
campaign had mostly been based on anti-Blunt.

The office of lieutenant governor hardly seems as heated and will probably come
down to Republicans vs. Democrats. Among the many contestants, incumbent Lt.
Governor Peter Kinder is running again (heʼs changed his mind since announcing that
he was running for governor) on the Republican ticket and Representative Sam Page of
Creve Coeur on the Democratic.

Secretary of State Robin Carnahan has filed for re-election, running against two
unknowns.

Given that the office of State Treasurer is now incumbent-free, Republican
Senator Brad Lager of Savannah and Democratic Representative Clint Zweifel of
Florissant are facing off.

The office of Attorney General is also open with Jay Nixon running for governor,
and has perhaps received the most press. With only one Republican candidate
(President Pro Tem of the Senate Mike Gibbons) and three known equally matched
Democratic candidates, this election is up in the air. Senator Chris Koster of
Harrisonville, a recent Democratic-convert, has announced candidacy, along with
Representatives Margaret Donnelly of St. Louis and Jeff Harris of Columbia.
Throughout this session, Donnelly and Harris each had different tactics, with Donnelly
putting her duties of being a representative before campaigning and Harris barely
seeing the House floor at all (except for a few key press opportunities).

All state representatives are also up for re-election, and with Democrats tending
to be the favorite, the majority party of the House is expected to change. With only half
of the state senators up for re-election, the majority will most likely remain Republican.

AUTHOR: Ashton Cope

Despite the decision made by the Missouri Supreme Court in 2006 (Weinschenk v. Missouri) that requiring a citizen to show a valid, government-issued photo ID to vote is unconstitutional, the Missouri legislature is again considering reinstating the requirement.  The House of Representatives passed the measure to the Senate last week. (HJR48 HERE)

In 2006, the General Assembly passed a bill that would require Missourians to show a valid, government-issued photo ID in order to vote.  The measure was largely Republican with strong Democratic dissenters, including Secretary of State Robin Carnahan.

According to Republicans, this measure was necessary to prevent voter fraud in the state of Missouri.  Although they were never able to prove there was voter fraud in Missouri that would be addressed by this piece of legislation, they insisted this was necessary to protect the fundamental right to vote and to keep “illegals” from voting.

According to Democrats, Photo ID was a violation of constitutional rights and instituted a form of poll tax.  Many older, underprivileged, and disabled Missourians do not have a photo ID and do not have the means to get one.  The Democrats stated there was once a time when birth certificates were not issued, and a birth certificate is required in order to get a photo ID.  Since there is a fee to get a birth certificate, it was decided that this would be a form of poll tax.  Secretary of State Robin Carnahan was able to produce a list of approximately 240,000 Missourians who would be disenfranchised by this requirement.

Before Photo ID could go into affect, the Missouri Supreme Court declared it unconstitutional in Weinschenk v. Missouri.  So, why did Representative Stanley Cox (R-118) reintroduce Photo ID into the General Assembly?

Indiana recently had a case go before the Supreme Court of the United States (Crawford v. Marion County Election Board) regarding Photo ID, and it was decided that states could require voters to show a form of picture identification.  Already, though, there have been 13 cases of voters in Indiana being turned away for not having the proper identification – one student and twelve nuns.

The main argument being used by the republicans is, as illustrated in a debate by Representative Bryan Pratt (R-55), you have to show a photo id to rent videos, pick your niece up from school, and pay for lunch with a credit card – why shouldn’t you do so with something as sacred as voting?  Democrats are countering that renting videos and using a credit card aren’t rights expressly granted by the constitution, unlike voting.

The Senate Elections committee heard the resolution Monday and it will hit the Senate floor before the end of session on Friday.

AUTHOR: Crystal Fontaine

The term “Melting Pot” has been used to describe the United States throughout its history. We are an immigrant nation and our differences have defined us as a country. Immigration has become an important issue today as thousands of aliens illegally cross our borders each year. What rights do these individuals have despite their lack of citizenship?

According to Missouri legislation, they don’t have many rights. Bill SB858 states that, in order to comply with federal regulations regarding immigration, the Highway patrol is to educate and train their members to enforce Federal Immigration Laws. If attempts to verify the legal status of those in custody are not found to be conclusive, the Department of Homeland Security will take over and verification will be made within 48 hours. In addition, those who are jailed may not be set out on bail if there is reason to believe that the person is an illegal immigrant.

Also, SB858 affirms that it is against the law to harbor or transport anyone who has come into the U.S in violation of the law. This goes not only to individuals, but to municipalities as well. If a city adopts a policy of sanctuary for these illegal immigrants, they will not receive grants presented by the state.
This act reiterates Federal Law in that no illegal alien will be eligible for state or local benefits and one must provide evidence that they are here legally. Many illegal immigrants may have hoped for a short time that they would at least be given the benefit of driving; however, Missouri legislation bursts that bubble. The Department of Revenue will not issue any drivers licenses to any illegal immigrant nor will they accept licenses issued to illegal aliens from other states. So that’s why bike and shoe sells have gone up so much.

Cheap labor is ideal within the business world as it cuts production costs thereby raising the amount of profit they can make. It’s all about the dollar signs, baby. However, illegal aliens, we’re afraid, are off the market as the bill SB858 clearly states that employers are barred from employing illegal aliens. If they violate this law, they are subject to suspension of any permit they may have and any contract with the state will be annulled. In addition, public universities are banned from enrolling any students that are here illegally. But, wait, we do have excellent foreign exchange programs if you’re interested.

The bottom line is this: If we let one thing slip, we’ll see the domino effect. But it won’t be as cool.

AUTHOR: Crystal Fontaine

Children are our most precious gifts on this Earth. They make us laugh, cry, angry, and just plain speechless at times. Yet, above all else, children fill us with love and devotion. This devotion to our children creates a need to make sure that they receive good quality care and a safe, clean environment.

The State of Missouri has developed a Quality Rating System for early childhood and before-and-after school programs licensed by the Department of Health and Senior Services which is to be developed by September 1, 2008. This quality rating system, under bill SB726, will be based off of similar pilots designed by the University of Missouri Center for Family Policy. Parents will have the ability to evaluate child care programs and easy access to the ratings of the quality evaluation system as they will be provided on the internet to the public.

The bill offers more than just the ability to rate the quality of childcare facilities. A tiered system of reimbursement for child care facilities will be developed by the Coordinating Board of Early Childhood. Subsequently, the proposed reimbursement plan will be submitted to the General Assembly and will take affect only after it has been authorized. Furthermore, bill SB726 implements the Quality Rating System Improvement Grant Fund. The funding encompasses all gifts, donations, moneys appropriated by the General Assembly, etc. The Improvement Grant Fund will provide this money to any certified provider seeking quality enhancement.

The act also states that the Children’s Division within the Department of Social Services will modify the income eligibility criteria for receiving financial assistance. This allows families that have earnings that are below 160% of the poverty level to obtain subsidy benefits. These benefits are to be distributed based on a sliding scale fee for children. However, the fee may be waived for children with special needs. A waiting list may be established if there is not enough money to distribute as well as a set of rules explaining the prioritizing of families who receive the funds. In addition, the bill shall create the Child Care and Development Fund, which consist of money received by the Federal Child Care and the Development Block Program.

It should be noted that certain neighborhood youth development programs will be exempt from the child care licensing requirements as long as the programs follow the provisions of the bill. These provisions within the bill allows for quality child care through improvements in facilities as well as the necessary funding. Every child deserves the finest quality that can be provided.