Monday, February 07, 2022

Kansas City Democrat: Legislature dealing with budget battles, Make Murder Legal Act


(From Rep. Ingrid Burnett, D-Kansas City)

I don’t know if it’s a good thing or a bad thing that the Legislative Session was interrupted by a snowstorm last week. It certainly prevented bad legislation from moving forward, and for that, we should all be grateful.

 It also prevented any more movement on the congressional redistricting assignment to move forward in the Senate. It seems some of our Republican members who are running for congress are more interested in scoring points than they are in preserving Missouri’s dignity.








Senators block confirmation of health department director
Conservative Senate hardliners on Feb. 1 blocked Missouri Department of Health and Senior Services Director Donald Kauerauf from being confirmed a day after roughly 100 protestors rallied in the Capitol to oppose his appointment, largely based on false allegations that Kauerauf
supports mandatory COVID-19 vaccinations.

Kauerauf, a 30-year veteran of the Illinois Department of Public Health with experience in emergency management had been Missouri’s health director since Sept. 1 but needed to be confirmed by the Senate no later than Feb. 4 in order to keep the job. With lawmakers anxious to leave Jefferson City ahead of a snowstorm and the hardliners threatening a filibuster, Senate Republican leaders opted not to bring up Kauerauf’s appointment for a vote.

While the Senate allowed Gov. Mike Parson to withdraw other nominations facing the Feb. 4 deadline so that he can re-appoint them later, senators would not allow him to do so with Kauerauf. 

As a result, Kauerauf, who subsequently resigned after his confirmation was blocked, is constitutionally barred from being re-appointed to the post in the future. 








Although Kauerauf strongly advocated for people to voluntarily be vaccinated against COVID-19 as a vital step toward ending the pandemic, he unequivocally opposed mandates. Parson was livid following the Senate’s refusal to confirm his appointee. 

“It's unfortunate that we now have to disrupt state operations and the leadership at an entire department because the Missouri Senate chose to indulge a few men's egos,” Parson said in a statement. 

“The events that have transpired over the past few days surrounding Don's Senate confirmation hearing are nothing short of disgraceful, unquestionably wrong and an embarrassment to this state and the people we serve. “I've been a conservative Republican my entire life and, contrary to what some Senators believe, tarnishing a man's character by feeding misinformation, repeating lies and disgracing 35 years of public health experience is not what it means to be conservative.”

Governor, except for the part about being a conservative Republican, I couldn’t have said it better myself. I met with Director Kaureauf when he accepted my invitation to come to KC, tour District 19 and see for himself how the local agencies here are struggling to keep up with the overwhelming demand for services related to the lack of stable housing. 

He genuinely cared about finding support through short-term assistance and longer-term systems. I am deeply disappointed to see him go under such a disgraceful display.

Parson appointed Richard Moore to serve as acting health department director until a permanent replacement is chosen. Moore had been the department’s general counsel.








House misses Parson’s target for $5.27 billion spending bill

Gov. Mike Parson’s Feb. 1 deadline for the legislature to grant final passage to a nearly $5.27 billion emergency supplemental appropriations bill came and went without the measure getting even a committee vote in either chamber. 

The bill would distribute federal pandemic relief funds to public school districts and other local governments, as well as provide a significant pay raise to state government workers and funding for various other initiatives. 

Despite the governor’s call for quick action, the supplemental spending bill languished while the House Budget Committee Chairman, Rep. Smith held a hearing on his resolution to amend the State Constitution and allow the legislature to dismantle the Medicaid expansion amendment passed in 2020 by over 60%. 

The House Budget Committee held a hearing on the supplemental budget bill on Jan. 10, but until recently committee Chairman Cody Smith, R-Carthage, took no further action to advance it. Instead, he is bringing forward his own version of the bill that reduces the Governor’s proposed $15/hr baseline pay for all State employees to $12/hr, and limits the discretionary funds for the Department of Elementary and Secondary Education. The committee is scheduled for a Feb. 7 vote on the measure, House Bill 3014 along with HJR117.

Late last year, Parson proposed a 5.5 percent pay hike for all state employees, as well as a $15-an-hour minimum wage for state jobs. Missouri consistently ranks last in the nation in average state worker salaries. 

Parson wanted both pay initiatives implemented by Feb. 1 to address the state’s problems with hiring and retaining workers during an extremely competitive labor market. Our state is also at risk of losing $2 billion in federal funding that is set to expire in late March if not allocated by then. I expect we will pass both bills out of committee today because of the Republican supermajority influence I have seen, but it likely still will be at least a couple more weeks before the bill is sent to the governor to be signed into law. After the committee acts, the full House of Representatives still must vote to advance the bill to the Senate.

Judge mostly upholds ballot language on education proposal

A Cole County judge on Feb. 2 largely upheld the ballot language Republican Secretary of State Jay Ashcroft (looking to run for Governor) wrote for a proposed constitutional amendment that would prohibit diverting taxpayer funding to private schools through vouchers or tax credits. 

Supporters of the proposed amendment sued Ashcroft in October, claiming his ballot language provided a “distorted characterization” of what it would do and was “calculated to prejudice voters against the measure.” 

They are seeking to put the measure on the Nov. 8 statewide ballot through the initiative petition process, which allows voters to propose and enact legislation independently of the General Assembly.

One section of the proposed amendment seeks to preserve revenue available for public schools by largely prohibiting efforts to subsidize private schools with public funds, subject to a list of five narrow exceptions. 

Last year the General Assembly passed a controversial law on a partisan vote that creates a voucher program for students to attend private K-12 schools. 

The proposed amendment would render that law unconstitutional. The amendment’s second section would require the Missouri State Board of Education to establish uniform regulations on public schools and appears intended to ensure basic accountability for charter schools, which currently operate free of many regulations that apply to traditional public schools.

Circuit Judge Jon Beetem, a Republican, upheld the part of Ashcroft’s language claiming the measure would “remove opportunities for disabled, special needs, and those students who are economically disadvantaged” by prohibiting private school vouchers. However, he deleted language stating the amendment would “limit the influence, power and authority of parents, community members and local school boards.” 

The case, Talbot v. Ashcroft, is expected to be appealed. Supporters have until early to collect the roughly 172,000 signatures from registered Missouri voters necessary to qualify for the ballot.

Prosecutor dubs Senate bill the ‘Make Murder Legal Act’

A Senate committee considered legislation on Feb. 1 that one rural prosecutor said essentially would legalize murder in Missouri by creating a presumption in state law that whenever one person kills another, the killer acted in self-defense. 

Under the aptly numbered Senate Bill 666, someone who uses physical or deadly force is presumed to have acted in self-defense and would be “immune from criminal prosecution or civil action.” 

Not only could that person not be prosecuted, but the bill would also prohibit suspects from being arrested, detained or charged with a crime unless authorities can prove “by clear and convincing evidence” that the suspect didn’t act in self-defense. 

Existing law allows a defendant to claim self-defense at trial, but the defendant has the burden of proving use of force was justified. Prosecutors, though, still must prove beyond a reasonable doubt that a crime was committed. 

By contrast, short of a confession of ill intent, SB 666 would set an extremely high bar for authorities to even bring charges by requiring them to prove a negative – that self-defense didn’t happen in a case. 

Police and prosecutors from around Missouri testified against the bill, which is sponsored by state Sen. Eric Burlison, R-Battlefield. Stoddard County Prosecuting Attorney Russ Oliver, a Republican, dubbed the bill the “Make Murder Legal Act” during testimony before the Senate Transportation, Infrastructure and Public Safety Committee, according to the St. Louis Post-Dispatch. In murder cases with no witnesses, Oliver said SB 666 would force authorities to accept the suspect’s version of events.

“So long as the person is dead ... you automatically have immunity because there’s not someone else to even say what had happened,” Oliver said, according to the paper.

And That’s The Way It Is….

So there you have it, folks. One of the ways we entertain ourselves at Casa Burnett is television. Ozark has released the first half of Season 4, and we watched them all. This along with the news we’ve been making recently sure makes me cringe for the impression it must leave on viewers from other parts of the country.

Progress Report

Last week I filed HB 2613 which establishes residency status for higher ed tuition purposes and seeks to prohibit publicly funded universities from denying in-state tuition based solely on the student’s immigration status. 

Currently, there is language within our budget that requires state-funded universities to charge an international rate of tuition to students who do not have immigration status regardless of how long they have been here or the circumstances of their arrival.
 

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