Session Wrap Up

The final days of the 2nd Regular Session of the 94th General Assembly came to close at 6pm on May 16, 2008. Each session brings with it numerous opportunities and challenges and this session was no different. The top three issues addressed by the General Assembly this year were property tax reform, illegal immigration, and economic development.

Property Tax Reform (SB711)
Judging by the contacts I receive from constituents, property taxes have become a number one priority of the people in Clay County. I have heard from many of you who are struggling to afford to stay in your homes due to steep increases in assessed valuation that in turn lead to a large increase in your property tax bill and the arrogance of our county to make us pay for penalties and interest due to an error of their own making. The legislature was successful in passing legislation that requires that property tax increases exceeding inflation be automatically rolled back to the previous year’s tax rate. Additionally, this legislation requires that counties refund fees or interest charged when the county was at fault. Additional property tax relief will also be available to seniors and the disabled with incomes up to $30,000 for a single homeowner and $34,000 for married couples by increasing the “circuit breaker” tax credit up to $1,100.

Illegal Immigration (HB1549)
Under new legislation the state of Missouri will pick up where the federal government has failed. Inadequate enforcement of our immigration laws by the federal government gave Missouri cause to empower our law enforcement, protect taxpayer benefits, and remove the magnets that attract illegal aliens to Missouri.

This comprehensive legislation requires the Highway Patrol and other law enforcement agencies to verify the immigration status of any person arrested and inform the federal authorities if a person is found to be here illegally and allow additional Missouri law enforcement officers to receive training to enforce federal immigration laws. In addition to empowering law enforcement, this legislation also makes it clear that illegal aliens will not have access to taxpayer benefits, such as state-provided health insurance and food stamps. This will help add greater accountability to our public benefit programs while saving taxpayers money. In addition, this legislation prohibits sanctuary cities designations and criminalizes those who transport illegal aliens in violation of human trafficking laws. Employers who knowingly hire illegal aliens or who intentionally falsify the classification of employees as contractors will also face sanctions and penalties.

Economic Development (HB2393)
Job creation remains a top priority for the legislature. This year, the legislature expanded the Quality Jobs Act and the Enhanced Enterprise Zones program to further attract and retain family supporting jobs. The legislature also approved a “mega project” plan to attract an aircraft assembly plant in Kansas City. This project has the potential to directly employ 2,100 people with many additional ancillary jobs that could double that number. In addition, a proposal was approved to finally clear the way for new development around KCI that could attract new warehousing and light manufacturing opportunities for our region.

In addition to these major initiatives, a wide range of legislation dealing with everything from agriculture to education to autism health care and scrap metal theft were also addressed.

Mortgage fraud legislation passed this session lets those looking to take advantage of homebuyers know that Missouri will not tolerate mortgage fraud. The legislation places local prosecutors on the same footing as federal investigators who were the only ones that were able to prosecute offenders and were extremely inefficient. It also creates civil and criminal penalties for residential mortgage fraud.

Legislation was also passed to create the "Missouri Returning Heroes' Education Act" to assist veterans returning from Iraq and Afghanistan by limiting the tuition public universities can charge. It also creates a tuition grant for survivors of veterans who are disabled or killed in combat and seeks to improve educational opportunities for the sons and daughters of military personnel by removing barriers placed on them caused by frequent moves.

When Washington Stumbles

A nation founded on the fundamental principle of the rule of law must at times remind itself that no one is exempt from that principle. In fact, it is contrary to this founding principle to accept that those who enter this country illegally should be afforded those same privileges under the Constitution and laws of the land as citizens and legal immigrants.

Illegal immigration creates a problem in our state, because it threatens the job security and services available for Missourians. The General Assembly is taking action that will make Missouri’s stance on illegal immigration clear. Last week the Senate passed SB858 and this week the House passed HB1549 which institutes policies that keep our state from becoming a safe-haven for illegal aliens.

Illegal immigration is a growing problem in our country and Washington has failed to act to protect our borders. Missourians are directly affected by the growing population of illegal aliens. The U.S. Census Bureau’s March 2005 population survey suggests that there are between 35,000-65,000 illegal aliens living in the state of Missouri. An Immigration and Naturalization Service (INS) estimate from 2000 found that the illegal alien population in our state rose 38% in a four-year period and 175% in a ten-year period. In 2007, U.S. Immigrations and Customs Enforcement (ICE) deported 8,900 illegal aliens from a six-state area that included Missouri.

Proposals under consideration in the legislation moving through the General Assembly are designed to deter illegal aliens from coming to Missouri. While some cities throughout the nation have adopted policies that would give illegal aliens sanctuary, Missouri will make it clear that this practice will not be tolerated. This legislation would prohibit municipalities within our state from granting sanctuary to illegal aliens. Any city, town, or village that does adopt such a policy would not be able to receive any state grants.

Allowing illegal aliens to receive a driver’s license wrongly validates their residency in this country. Other states have considered schemes that would allow illegal aliens to receive a driver’s license. Legislation this year will prohibit illegal aliens from obtaining a driver’s license from the Missouri Department of Revenue and specifies that a driver’s license issued to an illegal alien in another state would not be valid in Missouri. It also stipulates that commercial driver’s tests must be given in English without the benefit of a translator being present.

Our state provides public benefits such as housing assistance, food assistance, and unemployment for Missourians struggling to make ends meet. This legislation would require public assistance recipients to prove residency before receiving any benefits. The bill would work to make sure that illegal aliens in Missouri are not able to collect non-emergency public benefits.

This legislation also makes Missouri less appealing for taking advantage of illegal aliens for cheap labor. The legislation specifically states that employers are barred from employing unauthorized workers. Businesses that continue to do so would be subject to the suspension of their business permits and licenses. Violators under contract with the state would have their contracts voided and be barred from contracting with the state for three years. Contractors that continue to violate the measure would be permanently barred from contracting with the state. The bill also requires employers on state contracts or using state grants, loans, or tax credits to participate in a federal work authorization program in order to be eligible for state contracts. Public employers would also be required to participate in the program. These provisions also apply to general contractors and subcontractors and would make them potentially liable for instances such as illegal hiring fraud.

Unfortunately, Missouri cannot afford to wait for Washington to act on the issue of illegal immigration. Lady Liberty will continue to hold her lamp of freedom high with an outstretched arm to light the way “beside the golden door” that millions have already passed through legally. America will always welcome those who honor the fundamental principles of our Nation’s founding, but she will always recognize in Theodore Roosevelt’s words that, “Any man who says he is an American, but something else also, isn’t an American at all.”

Progress in Missouri

This past week was a very busy week for the House and the Senate. The House worked into the early morning Thursday to pass over 70 bills that are considered “consent”, i.e. bills that are not controversial, do not come with a cost to taxpayers, and have no penalties associated with them. In addition, legislation passed both chambers that could have a significant positive impact for Missouri.

Property Taxes - HJR43
As I mentioned earlier in the year, the General Assembly is considering a number of ways to help people suffering from the financial strain caused by excessive property taxes. The House has passed a proposed constitutional amendment that, upon voter approval, changes the rollback requirement for the Hancock Amendment by requiring the current levy, instead of the voter approved maximum levy, to be reduced in a reassessment year. These rollbacks are intended to protect property owners from sharp tax rate increases and prevent windfall revenues by taxing entities in reassessment years. If approved by the Senate, it will be on the ballot for voters to approve in November 2008.

Judicial Taxation – HJR41
While we can’t control the actions of federal judges, we can ensure Missouri judges don’t overreach and stake a claim on the power to tax. The House gave approval this past week for a proposed constitutional amendment that would clearly state that the judiciary does not have the power to tax through court order. Specifically, this proposed amendment prohibits the Missouri Supreme Court or any other court of the state from ordering the state, a county, or any city to increase taxes. The amendment also prohibits any Missouri court from controlling how the state, a county, or any city spends, allocates, or budgets, except as expressly authorized by legislation or approved by Missouri voters. If approved by the Senate, it will be on the ballot for voters to approve this November.

Illegal Immigration – SB858
The Missouri Senate kept itself busy this past week by approving legislation dealing with the problem of illegal immigration. The bill has a number of provisions including: prohibiting illegal aliens from obtaining a driver’s license; prohibiting the creation of sanctuary cities in the state; requiring verification of the legal employment status of every public employee; allowing for the cancellation of state contracts for contractors if they hire illegal immigrants; requiring public agencies to verify the legal status of applicants before providing welfare benefits; criminalizing the transportation of illegal aliens for the purposes of human trafficking, drug trafficking, prostitution, or illegal labor; and enacting provisions to punish bad acting employers who hire illegal aliens. This bill is now under consideration of the House.

Protecting Missourians from excessive property taxes; strengthening our Constitution by further defining the roles of the judicial, legislative, and executive branches; and taking leadership to protect our national sovereignty – not a bad week, not a bad week at all.