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Missouri bill would loosen child labor law by removing work permit requirements

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A push to eliminate Missouri’s requirement for children under 16 to obtain official work permits before they can begin a job could be debated by the House this week.In order to work in Missouri, 14 and 15 year olds must obtain a certificate issued by their school, with information from their prospective employer about the details of the job as well as parental consent and age verification.The child’s school, or if they are homeschooled, a parent, must review that information to ensure it’s in line with state laws that restrict the kind of work children can do and their hours. Once the school issues the certificate, a copy is filed with the Missouri Department of Labor and Industrial Relations.Children under 14 are generally not permitted to work and those 16 and older aren’t subject to the same restrictions.The bill, sponsored by Republican state Rep. Dave Hinman of O’Fallon and a similar one sponsored by state Sen. Nick Schroerof Defiance, would eliminate the formal work permit process. Instead of being overseen by schools and the state labor agency, the only requirement would be that a parent sign a permission slip for the child’s employer.Proponents have characterized schools’ role in the process as unnecessary and outdated, and said parents should have the largest role.“With discussions with our superintendent and other folks around here,” Hinman said in an interview with The Independent this week, “we felt it was better that the parents make that decision instead of schools being the ones that sign off on it.”Hinman’s bill was voted out of committee in March, and he hopes the full House will debate it before session ends — perhaps as early as this week. The Senate version of the bill was heard in committee earlier this month and hasn’t been voted out yet.The bill is about “empowering employers and youth,” Schroer said in a committee hearing earlier this month.“While easing the regulations, this legislation also prioritizes parental involvement by mandating signed permission slips…ensuring that parents are informed and involved in their child’s work activities” Schroer said.Arkansas passed a similar law last yeareliminating youth employment permits, though it didn’t include the parental permission slip piece. It faced opposition from child advocacy groups and others, who worried it would remove a layer of oversight protecting child workers in a time when child labor violations have gained attention nationally for being on the rise.Proponents have insisted that the bill won’t affect child labor violations because businesses will still be required to comply with state and federal law.In Missouri, the legislation has flown largely under the radar: No one testified in opposition during hearings on the bill the last two years. A handful of individuals submitted written opposition.John Fliter, an associate professor of political science at Kansas State University, who studies child labor, said in an interview with The Independent that certificates are an important safeguard for children.“We need to be careful because at the same time that [some states are] doing this, weakening restrictions, we’re seeing an increase in child labor violations and some really bad cases over the last few years,” he said.The certificates, Fliter added, produce a record of employers acknowledging they will follow the law, and allow schools to play a “supervisory role” and ensure children are “not working to the detriment of their education.”State Sen. Doug Beck, a Democrat from Affton, asked during a committee hearing earlier this month how the state could be sure employers were still doing things like age verification if the government wouldn’t be allowed to require permits to oversee the process.“Where’s the enforcement on this bill exactly?” Beck asked. “…Where’s the accountability?”“I think the accountability is with the parents and the business owners,” Schroer replied.Schools’ role

Tristen Rouse

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St. Louis Public RadioKids attending the Ralls County School District board buses at the end of the school day on Monday, Nov. 20, 2023, in Center, Missouri.

Earlier versions of the House bill included language to extend the hours in the day children are allowed to work, but that’s since been removed because the sponsor found out it conflicts with federal law.Children under 16 are legally required to be off work by 7 p.m. during the school year.The reason Hinman initially filed the bill was because he wanted to push that time back, after he was approached by a restaurant owner in his district who was struggling with staffing those later hours.“I’d like to see that time adjusted hopefully, up till eight o’clock, nine o’clock. Just to give a little bit more time for those businesses,” he said.Now, the bill includes a provision that those restrictions apply “unless a later time is allowed by federal law,” which Hinman said is intended so Missouri can automatically change its law if the federal government does.When he started looking into these laws, Hinman found it “an odd thing that the school district did that,” referring to the certification requirements, which led him to look at a bill filed last year and incorporate some of its language.Youth work permits aren’t federally mandated but the majority of states require them.Thirty-four states require youth work permits. The details vary, including whether they’re issued by a state agency or schools and what ages are included.State Rep. Holly Jones, a Republican from Eureka, said in the committee hearing that she “hates” that schools are the ones who sign off on certificates.“I really don’t love the schools having so much power over families and students,” she said.A similar bill last year, sponsored by Sen. Andrew Koenig, a Manchester Republican, didn’t gain momentum, clearing a Senate committee but never being debated by the full chamber.A Washington Post investigation last year found the Florida-based conservative think tank, Foundation for Government Accountability, and its lobbying arm, the Opportunity Solutions Project, has been behind the push to roll back certain child labor protections in state legislatures.“States should be allowing their teenagers to decide, with their parents, to get a job — not the government,” an issue paperpublished by Foundation for Government Accountability last year said. The paper characterized the issue as pitting “parents vs. educators and regulators.”That group played an important role in Arkansas’ elimination of work certificates, the Post reported, and in Missouri, a lobbyist for Opportunity Solutions Project, James Harris, sent Koenig’s staff draft legislation last year before he filed it. Hinman said Harris didn’t approach him with the language.Harris was the first one to testify in the committee hearings this year. In the House hearing, he said his first job as a teen helped him when he was a “law breaker” youth.“I look back at that job and I learned so much,” Harris said.“…Part of this is to help businesses be able to have more of a workforce for people to work,” Harris said during a later discussion about how pushing back the 7 p.m. restriction could cause businesses to worry about breaking federal law and not bolster their workforce.Neither Harris nor the Foundation for Government Accountability responded to interview requests.Other support has come from business groups including the Missouri Chamber of Commerce, Missouri Retailers and Missouri Grocers Association.The legislation was voted out of committee on party lines. Democrats opposed it.Hinson said in an interview with The Independent that while he’s not optimistic it will pass this year — with just three weeks left in session — he is hopeful it will come to the floor and that discussion will help improve the bill for next year.“I would love to have the opportunity to have a full discussion with everybody on the floor, both sides of the aisle and see what the thoughts are so next year if we need to make corrections to the bill, that we can make it an even better bill,” Hinman said. “…[The legislation] is one of my priorities.”‘One more set of eyes’Maura Browning, spokesperson for Missouri’s Department of Labor and Industrial Relations said the agency can’t comment on pending legislation.But speaking broadly about how the state oversees child work requirements, labor department officials said they rely on the current licensing practice and see it as a tool to help ensure kids don’t enter hazardous work or take on excessive hours.The required form is just one page. In it, the child’s prospective employer must provide the specific job duties, hours and an acknowledgment they will abide by state law. Schools verify a child’s age and can review their grades.Todd Smith, who directs the Division of Labor Standards within the state labor department, said schools help identify when the descriptions employers submit should be flagged as hazardous.Kids under 16 aren’t allowed to do certain jobs, like operating a meat slicer or handling any hot oil or grease.“We will enforce whatever the legislature passes, obviously, but in a perfect world, I think it’s important to have that education piece to share with employers,” Smith said in an interview with The Independent.Missouri issued over 10,000 youth employment licenses last year.Patrick Watkins, who works as the wage and hour section manager in the state labor department, said going through the school “gives us one more set of eyes to look at those hazardous job descriptions.”Watkins added that in the current process the employer “agrees that they understand our restrictions, but more importantly, they have to fill in exactly what job duties the child will be performing and we catch a lot of hazardous titles just in that reveal alone.”Child advocacy and social justice organizations reached by The Independent said they are not taking a position on the bill because they are deciding to stay out of the issue or are simply not up to speed on the legislation.This story was originally published by the Missouri Independent.

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Poll: Support for Missouri abortion rights amendment growing

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A proposed constitutional amendment legalizing abortion in Missouri received support from more than half of respondents in a new poll from St. Louis University and YouGov.That’s a boost from a poll earlier this year, which could mean what’s known as Amendment 3 is in a solid position to pass in November.SLU/YouGov’s poll of 900 likely Missouri voters from Aug. 8-16 found that 52% of respondents would vote for Amendment 3, which would place constitutional protections for abortion up to fetal viability. Thirty-four percent would vote against the measure, while 14% aren’t sure.By comparison, the SLU/YouGov poll from February found that 44% of voters would back the abortion legalization amendment.St. Louis University political science professor Steven Rogers said 32% of Republicans and 53% of independents would vote for the amendment. That’s in addition to nearly 80% of Democratic respondents who would approve the measure. In the previous poll, 24% of Republicans supported the amendment.Rogers noted that neither Amendment 3 nor a separate ballot item raising the state’s minimum wage is helping Democratic candidates. GOP contenders for U.S. Senate, governor, lieutenant governor, treasurer and secretary of state all hold comfortable leads.“We are seeing this kind of crossover voting, a little bit, where there are voters who are basically saying, ‘I am going to the polls and I’m going to support a Republican candidate, but I’m also going to go to the polls and then I’m also going to try to expand abortion access and then raise the minimum wage,’” Rogers said.Republican gubernatorial nominee Mike Kehoe has a 51%-41% lead over Democrat Crystal Quade. And U.S. Sen. Josh Hawley is leading Democrat Lucas Kunce by 53% to 42%. Some GOP candidates for attorney general, secretary of state and treasurer have even larger leads over their Democratic rivals.

Brian Munoz

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St. Louis Public RadioHundreds of demonstrators pack into a parking lot at Planned Parenthood of St. Louis and Southwest Missouri on June 24, 2022, during a demonstration following the Supreme Court’s reversal of a case that guaranteed the constitutional right to an abortion.

One of the biggest challenges for foes of Amendment 3 could be financial.Typically, Missouri ballot initiatives with well-funded and well-organized campaigns have a better chance of passing — especially if the opposition is underfunded and disorganized. Since the end of July, the campaign committee formed to pass Amendment 3 received more than $3 million in donations of $5,000 or more.That money could be used for television advertisements to improve the proposal’s standing further, Rogers said, as well as point out that Missouri’s current abortion ban doesn’t allow the procedure in the case of rape or incest.“Meanwhile, the anti side won’t have those resources to kind of try to make that counter argument as strongly, and they don’t have public opinion as strongly on their side,” Rogers said.There is precedent of a well-funded initiative almost failing due to opposition from socially conservative voters.In 2006, a measure providing constitutional protections for embryonic stem cell research nearly failed — even though a campaign committee aimed at passing it had a commanding financial advantage.Former state Sen. Bob Onder was part of the opposition campaign to that measure. He said earlier this month it is possible to create a similar dynamic in 2024 against Amendment 3, if social conservatives who oppose abortion rights can band together.“This is not about reproductive rights or care for miscarriages or IVF or anything else,” said Onder, the GOP nominee for Missouri’s 3rd Congressional District seat. “Missourians will learn that out-of-state special interests and dark money from out of state is lying to them and they will reject this amendment.”Quade said earlier this month that Missourians of all political ideologies are ready to roll back the state’s abortion ban.“Regardless of political party, we hear from folks who are tired of politicians being in their doctor’s offices,” Quade said. “They want politicians to mind their own business. So this is going to excite folks all across the political spectrum.”

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Democrat Mark Osmack makes his case for Missouri treasurer

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Mark Osmack has been out of the electoral fray for awhile, but he never completely abandoned his passion for Missouri politics.Osmack, a Valley Park native and U.S. Army veteran, previously ran for Missouri’s 2nd Congressional District seat and for state Senate. Now he’s the Democratic nominee for state treasurer after receiving a phone call from Missouri Democratic Party Chairman Russ Carnahan asking him to run.“There’s a lot of decision making and processing and evaluation that goes into it, which is something I am very passionate and interested in,” Osmack said this week on an episode of Politically Speaking.Osmack is squaring off against state Treasurer Vivek Malek, who was able to easily win a crowded GOP primary against several veteran lawmakers including House Budget Chairman Cody Smith and state Sen. Andrew Koenig.While Malek was able to attract big donations to his political action committee and pour his own money into the campaign, Osmack isn’t worried that he won’t be able to compete in November. Since Malek was appointed to his post, Osmack contends he hasn’t proven that he’s a formidable opponent in a general election.“His actions and his decision making so far in his roughly two year tenure in that office have been questionable,” Osmack said.Among other things, Osmack was critical of Malek for placing unclaimed property notices on video gaming machines which are usually found in gas stations or convenience stores. The legality of the machines has been questioned for some time.As Malek explained on his own episode of Politically Speaking, he wanted to make sure the unclaimed property program was as widely advertised as possible. But he acknowledged it was a mistake to put the decals close to the machines and ultimately decided to remove them.Osmack said: “This doesn’t even pass the common sense sniff test of, ‘Hey, should I put state stickers claiming you might have a billion dollars on a gambling machine that is not registered with the state of Missouri?’ If we’re gonna give kudos for him acknowledging the wrong thing, it never should have been done in the first place.”Osmack’s platform includes supporting programs providing school meals using Missouri agriculture products and making child care more accessible for the working class.He said the fact that Missouri has such a large surplus shows that it’s possible to create programs to make child care within reach for parents.“It is quite audacious for [Republicans] to brag about $8 billion, with a B, dollars in state surplus, while we offer next to no social services to include pre-K, daycare, or child care,” Osmack said.Here’s are some other topics Osmack discussed on the show:How he would handle managing the state’s pension systems and approving low-income housing tax credits. The state treasurer’s office is on boards overseeing both of those programs.Malek’s decision to cut off investments from Chinese companies. Osmack said that Missouri needs to be cautious about abandoning China as a business partner, especially since they’re a major consumer of the state’s agriculture products. “There’s a way to make this work where we are not supporting communist nations to the detriment of the United States or our allies, while also maintaining strong economic ties that benefit Missouri farmers,” he said.What it was like to witness the skirmish at the Missouri State Fair between U.S. Sen. Josh Hawley and Democratic challenger Lucas Kunce.Whether Kunce can get the support of influential groups like the Democratic Senatorial Campaign Committee, which often channels money and staff to states with competitive Senate elections.

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As Illinois receives praise for its cannabis equity efforts, stakeholders work on system’s flaws

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Medical marijuana patients can now purchase cannabis grown by small businesses as part of their allotment, Illinois’ top cannabis regulator said, but smaller, newly licensed cannabis growers are still seeking greater access to the state’s medical marijuana customers.Illinois legalized medicinal marijuana beginning in 2014, then legalized it for recreational use in 2020. While the 2020 law legalized cannabis use for any adult age 21 or older, it did not expand licensing for medical dispensaries.Patients can purchase marijuana as part of the medical cannabis program at dual-purpose dispensaries, which are licensed to serve both medical and recreational customers. But dual-purpose dispensaries are greatly outnumbered by dispensaries only licensed to sell recreationally, and there are no medical-only dispensaries in the state.As another part of the adult-use legalization law, lawmakers created a “craft grow” license category that was designed to give more opportunities to Illinoisans hoping to legally grow and sell marijuana. The smaller-scale grow operations were part of the 2020 law’s efforts to diversify the cannabis industry in Illinois.Prior to that, all cultivation centers in Illinois were large-scale operations dominated by large multi-state operators. The existing cultivators, mostly in operation since 2014, were allowed to grow recreational cannabis beginning in 2019.Until recently, dual-purpose dispensaries have been unsure as to whether craft-grown products, made by social equity licensees — those who have lived in a disproportionately impacted area or have been historically impacted by the war on drugs — can be sold medicinally as part of a patient’s medical allotment.Erin Johnson, the state’s cannabis regulation oversight officer, told Capitol News Illinois last month that her office has “been telling dispensaries, as they have been asking us” they can now sell craft-grown products to medical patients.“There was just a track and trace issue on our end, but never anything statutorily,” she said.

Dilpreet Raju

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Capitol News IllinoisThe graphic shows how cannabis grown in Illinois gets from cultivation centers to customers.

No notice has been posted, but Johnson’s verbal guidance comes almost two years after the first craft grow business went online in Illinois.It allows roughly 150,000 medical patients, who dispensary owners say are the most consistent purchasers of marijuana, to buy products made by social equity businesses without paying recreational taxes. However — even as more dispensaries open — the number available to medical patients has not increased since 2018, something the Cannabis Regulation Oversight Office “desperately” wants to see changed. Johnson said Illinois is a limited license state, meaning “there are caps on everything” to help control the relatively new market.Berwyn Thompkins, who operates two cannabis businesses, said the rules limited options for patients and small businesses.“It’s about access,” Thompkins said. “Why wouldn’t we want all the patients — which the (adult-use) program was initially built around — why wouldn’t we want them to have access? They should have access to any dispensary.”Customers with a medical marijuana card pay a 1% tax on all marijuana products, whereas recreational customers pay retail taxes between roughly 20 and 40% on a given cannabis product, when accounting for local taxes.While Illinois has received praise for its equity-focused cannabis law, including through an independent study that showed more people of color own cannabis licenses than in any other state, some industry operators say they’ve experienced many unnecessary hurdles getting their businesses up and running.The state, in fact, announced last month that it had opened its 100th social equity dispensary.But Steve Olson, purchasing manager at a pair of dispensaries (including one dual-purpose dispensary) near Rockford, said small specialty license holders have been left in the lurch since the first craft grower opened in October 2022.“You would think that this would be something they’re (the government) trying to help out these social equity companies with, but they’re putting handcuffs on them in so many different spots,” he said. “One of them being this medical thing.”Olson said he contacted state agencies, including the Department of Financial and Professional Regulation, months ago about whether craft products can be sold to medical patients at their retail tax rate, but only heard one response: “They all say it was an oversight.”This potentially hurt social equity companies because they sell wholesale to dispensaries and may have been missing out on a consistent customer base through those medical dispensaries.Olson said the state’s attempts to provide licensees with a path to a successful business over the years, such as with corrective lotteries that granted more social equity licenses, have come up short.“It’s like they almost set up the social equity thing to fail so the big guys could come in and swoop up all these licenses,” Olson said. “I hate to feel like that but, if you look at it, it’s pretty black and white.”Olson said craft companies benefit from any type of retail sale.“If we sell it to medical patients or not, it’s a matter of, ‘Are we collecting the proper taxes?’ That’s all it is,” he said.State revenue from cannabis taxes, licensing costs and other fees goes into the Cannabis Regulation Fund, which is used to fund a host of programs, including cannabis offense expungement, the general revenue fund, and the R3 campaign aiming to uplift disinvested communities.For fiscal year 2024, nearly $256 million was paid out from Cannabis Regulation Fund for related initiatives, which includes almost $89 million transferred to the state’s general revenue fund and more than $20 million distributed to local governments, according to the Illinois Department of Revenue.Medical access still limitedThe state’s 55 medical dispensaries that predate the 2020 legalization law, mostly owned by publicly traded multistate operators that had been operating in Illinois since 2014 under the state’s medical marijuana program, were automatically granted a right to licenses to sell recreationally in January 2020. That gave them a dual-purpose license that no new entrants into the market can receive under current law.Since expanding their clientele in 2020, Illinois dispensaries have sold more than $6 billion worth of cannabis products through recreational transactions alone.Nearly two-thirds of dispensaries licensed to sell to medical patients are in the northeast counties of Cook, DuPage, Kane, Lake and Will. Dual-purpose dispensaries only represent about 20 percent of the state’s dispensaries.While the state began offering recreational dispensary licenses since the adult-use legalization law passed, it has not granted a new medical dispensary license since 2018. That has allowed the established players to continue to corner the market on the state’s nearly 150,000 medical marijuana patients.But social equity licensees and advocates say there are more ways to level the playing field, including expanding access to medical sales.Johnson, who became the state’s top cannabis regulator in late 2022, expressed hope for movement during the fall veto session on House Bill 2911, which would expand medical access to all Illinois dispensaries.“We would like every single dispensary in Illinois to be able to serve medical patients,” Johnson said. “It’s something that medical patients have been asking for, for years.”Johnson said the bill would benefit patients and small businesses.“It’s something we desperately want to happen as a state system, because we want to make sure that medical patients are able to easily access what they need,” she said. “We also think it’s good for our social equity dispensaries, as they’re opening, to be able to serve medical patients.”Rep. Bob Morgan, D-Deerfield, who was the first statewide project coordinator for Illinois’ medical cannabis program prior to joining the legislature, wrote in an email to Capitol News Illinois that the state needs to be doing more for its patients.“Illinois is failing the state’s 150,000 medical cannabis patients with debilitating conditions. Too many are still denied the patient protections they deserve, including access to their medicine,” Morgan wrote, adding he would continue to work with stakeholders on further legislation.Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of newspapers, radio and TV stations statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.

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