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Missouri House action sets up confrontation with governor

This article first appeared in the St. Louis Beacon, Sept. 10, 2011 - The Missouri House swiftly approved six bills on Friday, with state House Speaker Steve Tilley declaring afterward that the action demonstrated that the House -- if not the bogged-down state Senate -- knew how to move quickly during a special session.

But the Republican-led House also set up a number of potential confrontations with Gov. Jay Nixon, a Democrat, because most of the bills go beyond the scope of the specific instructions contained in the governor's proclamation of what issues were to be handled during the session, which began last Tuesday.

The House-passed bill delaying the state's presidential primary, for example, also includes a provision that increases the filing fees for any presidential candidate.

Tilley and other House leaders maintained Friday, as the speaker explained, that the governor can dictate the topic to be handled "but can't write the bill."

The state Senate already has seen members make similar declarations regarding the proposed legislation dealing with restrictions on teachers' online communications with students. A Senate panel approved a revision, while Nixon has called for a repeal.

But House leaders acknowledge that one bill clearly does violate Nixon's proclamation. That measure calls for the governor to use the state's Rainy Day Fund to cover up to $150 million in disaster-relief costs, such as the reconstruction in Joplin, hit with a deadly tornado May 22.

State House Budget chairman Ryan Silvey, R-Kansas City, acknowledged during the debate that his aim is to persuade the governor to use the fund and restore the bulk of the $170 million that he has withheld from the regular state budget to cover the state's share of disaster relief.

Tilley, R-Perryville, said at a news conference later that he hoped Nixon would consider expanding his special-session call to include the Rainy Day issue, and that he hoped the governor also would be flexible about the amendments added to other bills.

Silvey claimed to have found a precedent, in 1997, when he said then-Gov. Mel Carnahan, a Democrat, amended his special-session call to accomodate action already taken by the state House, then controlled by Democrats.

Tilley, who is running for lieutenant governor in 2012, emphasized that House leaders weren't engaging in politics. "We're not playing 'gotcha,' " he said. "This is not a partisan thing. We're trying to work with the governor."

Tilley acknowledged that the "worst case scenario" could send the dispute into the courts. But he said he had no desire to get caught up in a legal fight.

Nixon already is. State Auditor Tom Schweich, a Republican, earlier sued the governor over the "withholdings," claiming he does not have the power to do so. Nixon has countered that Missouri governors have withheld money for decades.

On Friday, after the House news conference, the governor's staff declined comment.

List of House-passed bills

HB 1, sponsored by Rep. Jamilah Nasheed, D-St. Louis, that would allow the City of St. Louis to establish and maintain a municipal police force completely under the city's authority. The House passed HB 1 by a vote of 123-27.

HB 2, sponsored by Rep. Tom Flanigan, R-Carthage, that would change the laws regarding the collection of moneys owed to the state. The House passed HB 2 by a vote of 150-0.

HB 3, sponsored by Rep. Tony Dugger, R-Hartville, that would change the laws regarding presidential elections. The House passed HB 3 by a vote of 147-2.

HB 5, sponsored by Rep. Bill White, R-Joplin, that would change the laws regarding the assessment of commercial real property destroyed by a natural disaster. The House passed HB 5 by a vote of 149-0.

HB 6, sponsored by Rep. Ryan Silvey, R-Kansas City, that would appropriate money for the purpose of matching Federal Emergency Management Agency expenditures due to natural disasters in the state of Missouri in 2011 for the period ending June 30, 2012. The House passed HB 6 by a vote of 127-22.

HB 7, sponsored by Rep. Ryan Silvey, R-Kansas City, that would establish the Joint Committee on Disaster Funding. The House passed HB 7 by a vote of 129-22.

--- Source: Missouri House of Representatives

Jo Mannies is a freelance journalist and former political reporter at St. Louis Public Radio.