AIM Capitol Cast

Senate Debates Employment-At-Will Legislation

2008-04-15T08:39:48-07:00

On Tuesday (04/07/08), the Missouri Senate debated Senate Bill 1046, legislation sponsored by Sen. Robert Mayer, R-Dexter, that would codify the employment-at-will doctrine, which is among Associated Industries of Missouri’s legislative priorities. AIM worked closely with Sen. Mayer in 2006 and 2007, when he introduced similar bills but was unable to push past opposition in the minority party.

Missouri’s employment-at-will doctrine has public policy exception that recognizes an employee may not be terminated because the employee:

Was a whistle-blower, meaning the employee reported unlawful conduct by the employer.
Refused to perform an act at the request of the employer that, if proven, would have been illegal.

Recent court decisions, however, altered that definition.

In two cases, the Eastern District Appellate Court of Missouri found that “it was unnecessary for an employee to ‘allege or prove conclusively the law has been violated in order to state a cause of action’ when the employee held a reasonable belief illegal conduct or conduct against a clear mandate of public policy has occurred.”

These rulings protect employees who merely believe that the company may in the future commit an act that may or may not be illegal. Prior court decisions required employees to prove past illegal conduct by the employer.

“These court decisions mean a discharged at-will employee need not prove any wrongdoing by his or her employer in order to receive whistle-blower protection in this state,” said Gary Marble, president of Associated Industries.

Under the provisions of SB 1046, evidence of wrong-doing on the part of an employer would be required before an employee could receive whistleblower protection. It also would require evidence that any act which the employee refused to conduct would have violated the law.

“Sen. Mayer’s bill would return the employment-at-will law to its original purpose,” Marble said.

Lawmakers Debate Tax Credits for Canadian Company

2008-04-15T08:32:17-07:00

National Post – Missouri lawmakers kicked off a colorful debate this week over a series tax credits aimed at courting the final assembly of Bombardier's yet-to-be-launched CSeries aircraft.

The state Senate spent several hours Wednesday debating the incentive program that would see up to $40-million a year in tax credits awarded to Bombardier if it moves the final assembly of the 110-to-130 seat to a new factory that would be built near the Kansas City airport.

In exchange, the state would see the 2,100 jobs associated with the assembly move there and would share in the proceeds of each plane assembled there.

However, not everyone is a fan of the plan, according to a report in the Kansas City Star.
Sen. Matt Bartle compared the incentive package to “Western European socialism” and said it wasn't up to the state to play Warren Buffet, according to the report.

Read National Post Article

SJR 43 Would Allocate Millions of Dollars for MoDOT, Without Tax Increase

2008-04-15T08:27:37-07:00

Legislation currently being considered by the Missouri Legislature would generate millions of much-needed additional funds for the Missouri Department of Transportation (MoDOT), without raising the taxes of the citizens of Missouri. Senate Joint Resolution 43 would annually allocate 10 percent of general revenue for the Missouri Department of Transportation (MoDOT).


Sen. John Loudon, R-Chesterfield, said that after extensively studying MoDOT’s funding situation, he decided to introduce SJR 43.


“This is more than just a road initiative,” Loudon said. “This is about jobs and economic growth. In a time when many workers are uncertain about their job future it is important to invest in the state’s economy to create jobs and attract business.”


Officials with the Missouri Department of Transportation warn that transportation funding is about to “fall off a cliff.”


In 2010, Amendment 3 bond money must go toward repaying bonds that were sold to fund the statewide road improvements that have taken place over the last four years.


That same year federal funding will drop, reducing MoDOT’s $1.2 billion construction program in 2005 to $569 million.

Finally, the cost of building and maintaining roads and bridges continues to rise.

The Missouri Transportation Development Council (MTD), a division of Associated Industries of Missouri (AIM), believes that passage of SJR 43 is an important beginning to adequately funding Missouri’s transportation system and will give MoDOT immediate relief from the pending drop in funding.


Using 2008 as the base year, Loudon said the plan will generate $36 million for transportation in 2010, and would grow to more than $1.3 billion by 2030.


The investment in Missouri’s infrastructure would create jobs, raise revenues and save lives.

According to the Federal Highway Administration, every $1 billion invested into transportation creates about 42,100 jobs.

To view a video of Sen. Loudon discussing SJR 43, go to www.aimcapitolcast.com

Two Transportation Articles Worth Reading

2008-04-15T08:16:44-07:00

The I-70 Plan

Columbia Tribune – What’s not to like? Separate lanes for trucks is the best basic design possible for interstate highway traffic.

All of us have traveled on four-lane roads with trucks limited to the two right-hand lanes. Even when the lanes are not separated, the safety and convenience of trucks-only lanes are great. The Interstate 70 plan unveiled recently by the Missouri Department of Transportation has four truck lanes in the middle - two each way - divided by a concrete barrier and two auto lanes each way on the outside separated from the truck lanes by grass medians.

Read Columbia Tribune Column by Hank J. Waters III


Meeting Looks At Transportation Needs

Southeast Missourian – A map of Missouri bled red Tuesday after community leaders circled ports they would like to see updated, roads they want extended, and sites where they say transit facilities are needed.

The map will be used by Delta Regional Authority officials, who are in the process of developing a 20-year strategic plan. They will present policy recommendations to Congress this summer, and a final plan is expected to be complete by January 2009.

"We need a facility in the worst way," said Shirley Allen with the Mississippi County Transit System. She and Shirley Tarwater, who works on the Missouri Department of Transportation's transit staff, highlighted four areas where they would like to see a transit facility, including East Prairie, Mo., and Dexter, Mo. The facility would provide housing for vehicles and a location for routine maintenance.

Read Southeast Missourian Article

Two AIM Members Employ “Teacher of the Year” Nominees

2008-04-15T08:06:08-07:00

Gov. Matt Blunt on Wednesday presented awards to nominees for the Missouri Council on Public Higher Education’s "Teacher of the Year" award.

Three of those nominees are from schools that are members of Associated Industries of Missouri: Lowell Shelton, Linn State Technical College; Dr. Daniel Beckman, Missouri State University; and Cathy Proffitt Boys – Missouri State University (West Plains).

“On behalf of Associated Industries, I’m proud to congratulate these two nominees,” said Gary Marble, president of AIM. “Our state’s colleges and universities are among our most valuable assets.”

Sen. Jack Goodman, R- Mount Vernon, and Associated Industries of Missouri (AIM) urge all Missouri school districts to comply with the new uniform school start date passed by the Missouri Legislature in 2007. Changes made in Senate Bill 64, allow school districts to set their own starting dates, providing only that the date cannot be earlier than 10 days prior to Labor Day without the board holding a public hearing allowing district patrons to voice their concerns on the issue.

Sen. Jack Goodman and AIM Urge Missouri School Districts to Comply with Uniform School Start Date

2008-04-15T08:00:07-07:00

Sen. Jack Goodman, R- Mount Vernon, and Associated Industries of Missouri (AIM) urge all Missouri school districts to comply with the new uniform school start date passed by the Missouri Legislature in 2007. Changes made in Senate Bill 64, allow school districts to set their own starting dates, providing only that the date cannot be earlier than 10 days prior to Labor Day without the board holding a public hearing allowing district patrons to voice their concerns on the issue.


Associated Industries continues to support this change as a positive move for both Missouri’s families and the state’s economy.


Due to work commitments, summer camps, summer school and a myriad of other activities, many families can only fit vacations at the end of the summer.


“A uniform school-start date protects families’ ability to take summer vacations, be involved in sports and summer camps and take advantage of other important non-classroom learning opportunities,” said Sen. Goodman. “Student attendance has also been shown to increase as school starts later.”


Teachers from throughout the state were among those who voiced strong support for a start date later in August, explaining that the earlier start date meant that the frequently hotter than 90 degree temperatures impaired students attention and even forced early dismissals.


“We worked closely with school officials and lawmakers to craft a bill that would accommodate the needs of all involved,” said Chip Mason, chairman of AIM’s Tourism Committee. “That’s why I was so disturbed to learn that a number of school districts are opting out of the uniform start date, and instead bringing students back to the classroom in the heat of the early days of August and causing them to miss quality family time.”


A recent study conducted by the University of Missouri and the Department of Economic Development found that the state loses $1.58 million per day in much-needed tax revenue generated by tourism for every day that school is in session before Labor Day.


The later start date helps maintain state and local tax revenues, and enables school districts to pay less on such operating expenses as student transportation, air conditioning and electricity.


“This is a simple change for our state’s school districts, but a vitally important change for Missouri’s families and businesses,” said Gary Marble, president of Associated Industries.


Sen. Goodman and AIM encourage all concerned citizens to attend school board meetings and write letters to their school districts and to local newspapers, urging every district in Missouri to comply with the uniform start date.

Joint Hearing Will Assist Small Businesses

2008-04-15T07:54:43-07:00

The Small Business Regulatory Fairness Board will hold a public hearing from 9:30 a.m. to noon on May 6, at the Center for Emerging Technologies, 4041 Forest Park Ave., St. Louis. Registration will begin at 9 a.m.

The event is part of the 2008 Small Business Week of Eastern Missouri, Inc.

The hearing will be a joint hearing of the SBRFB and the U.S. Small Business Administration’s Region VII Regulatory Fairness Board. The region encompasses the states of Missouri, Iowa, Kansas and Nebraska.

SBA National Ombudsman Nicholas Owens (pictured right), members of the SBA’s Region VII RegFair Board, members of the state SBRFB and representatives of federal and state regulatory agencies will hear comments and complaints about regulatory enforcement and compliance, and will discuss the impact of federal regulations on small business.

“One of the leading concerns small business owners face is unfair enforcement of federal regulations,” Owens said. “They are also concerned about telling their stories because they fear retaliation by federal agencies. Small business owners want to play by the rules and comply with federal regulations. We want to encourage Federal regulators to provide effective compliance assistance, rather than go straight to the penalty stage. Regulatory enforcement should be effective, not excessive.”

This forum offers small business owners a chance to express their concerns about federal and state compliance practices and to learn how to more effectively deal with federal and state regulatory requirements.

Comments and complaints presented during this forum will be directed to the appropriate federal and state regulatory agency. Federal agency’s responsiveness will be shared with federal officials in the National Ombudsman’s Annual Report to Congress. Information collected at this hearing will also be shared with state officials in the SBRFB’s Annual Report to the Missouri Governor, and with leadership of federal and state regulatory agencies to assist them with their enforcement actions.

Comments and concerns about federal enforcement actions can be addressed by contacting Christina Marinos of the SBA National Ombudsman’s Office at 888-734-3247 (REGFAIR) or by email at Christina.marinos@sba.gov before the forum. Should small business owners or representatives be unable to attend, written testimony may be sent in advance of the forum to be included in the public record. For more information about the National Ombudsman and the Missouri forum, please visit the web site www.sba.gov/ombudsman.

Comments and concerns about state regulations can be addressed by contacting Krista Zurkamer, coordinator for the SBRFB.

Ray McCarty with a "TRIM Tax Watch" Update

2008-04-14T06:57:09-07:00

Ray McCarty gives a "TRIM Tax Watch" update for the week ending on 4-11-2008. For more tax information be sure to visit TRIM's Official Website at www.motaxpayers.com.

Senator John Loudon Discusses Senate Joint Resolution 43

2008-04-10T07:41:34-07:00

In this segment, Senator John Loudon, R-Chesterfield, discusses Senate Joint Resolution 43, which would allocate 10 percent of new general revenue for the Missouri Department of Transportation.

To download the Press Release Click Here

Senate Joint Resolution 43

AIM CapitolCast Weekly Round Table for 04/04/2008

2008-04-04T15:26:29-07:00

Gary Marble and Ray McCarty sit down to discuss "This week in the Missouri Legislature", for the week ending 04/04/2008.