April 22, 2011

The Missouri General Assembly is entering its final three weeks prior to the May 13th adjournment.

Redistricting dominated a great deal of time as the Missouri Congressional delegation all made trips to the Capital this week to discuss the plans drawn by the House and Senate Congressional redistricting committee.

The Senate sent back their plan to the House and it will now go to a conference committee. Undoubtedly, the plan will eventually go to the courts. In the meantime the House and Senate worked Thursday and Friday on the redistricting plan.

The budget dominated the Senate this week and the Senate version will now go to the House. A conference committee will be appointed and differences negotiated.

Teamsters President James Hoffa (Jr. not Sr.) was also in the Capital this week to visit with key lawmakers on several labor oriented bills. Specifically, Hoffa talked about payroll deductions for union dues. Provisions to provide early payments on a nuclear power plant stalled Tuesday. The legislation would allow current customers to pay on nuclear plant costs before approval of the plant by the Nuclear Regulatory Commission. The House and Senate adjourned late Thursday. However, the House is scheduled to return Friday to debate the redistricting bill.

News this week includes:

Mega Tax
The Senate version of the “mega sales tax” was heard Thursday.

I believe the intention is to keep the bill in the public eye.

It will not pass however it gains more attention with each public hearing. Numerous associations testified against the bill and the Show Me Institute (Rex Singqufield) and others under his jurisdiction testified for the legislation.

Health Services
HB 29 (Sater) establishes a Volunteer Health Services Act allowing licensed health care providers to render volunteer professional health care services for a sponsoring organization.

Cigarette Tax
Representative Kelly’s HB 1023 increasing the excise tax on cigarettes from 17cents per pack was heard in the House Ways and Means Committee.

It is a noble effort that has no chance this year.

Nuisance Lawsuits
HB 209 (Guernsey) was given final approval by the legislature.

This act modifies the laws regarding nuisances.

This act specifies what types of damages may be awarded in a action for private nuisance where the alleged nuisance emanates from property used for farming, agriculture, crop, or animal production purposes. If the nuisance is a permanent nuisance, compensatory damages shall be measured by the reduction in the fair market value of the property. If the nuisance is a temporary nuisance, damages are measured by the decrease in the fair rental value of the property.

If a person or their successor brings successive claims against another person or their successor for temporary nuisance, and the successive claims are related to a similar activity or use of the property, and that activity or use of property is deemed a nuisance, the activity or use of property shall be considered a permanent nuisance and the person and their successor shall be limited to the remedies available for permanent nuisance.

No person has standing to bring an action for private nuisance unless they have an ownership interest in the property alleged to be affected by the nuisance.

Currently, in a private nuisance case if the amount in controversy exceeds one million dollars, if requested by either party, the court or jury shall visit the property alleged to be affected by the nuisance. This act requires the court or jury to visit the property if a party requests it, regardless of the amount of money in controversy in the case.

The act does not prohibit the recovery of damages for crop destruction, crop damage, or a diminution of crop value resulting from contamination of the seed or grain supply.

This act is similar to the perfected version of SB 187(2011), SB 25 (2011), and HB 1303 (2010).

As written this bill will not impact local public health ordinances on CAFO’s.

Bath Salts
Representative Franz bill HB 641 changing the law on controlled substances was heard in Senate Judiciary. The bill expands definitions of cannabinoids to include so called bath salts.

Each year some new substance comes out to be abused. Franz believes this should cover most of these substances.

Core Public Health
As reported early the Senate reduced the $1.3 million added by the House for CORE Public Health programs in the county health department.

The Senate took the Governor’s recommendations. When conferees are named I will ask for contacts to be made to the Representatives and Senators.

Next Week
The next step for our state’s budget is that differences between the House and Senate versions of the budget bills will now be ironed out by legislators in conference committees. Negotiated versions must return to the House before obtaining Senate approval to advance to the Governor. As required by the constitution, the budget must pass by 6 p.m. on Friday, May 6th.

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