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Missouri HB 2078 Fails: Post Mortem Play-By-Play
Since we alerted our audience to the shenanigans surrounding Missouri’s HB 2078, a couple of other news medias have picked up the story and reported on the dramatic end of session climax. As we rest in the glow of the denouement, we want to provide a follow up for those who may have missed the final outcome and offer some words from Jim Baller, who was deep in the trenches.
Here's What Happened...
If you have not yet heard, the language from HB 2078 was ultimately not adopted by the Missouri State Legislature. Whew. Readers probably recall that, when HB 2078 stalled on its own, the author of HB 2078, Rep. Lyndall Fraker slipped some of the more damaging language into SB 765, a traffic ticket bill that had nothing to do with municipal networks.
Fortunately, advocates of municipal networks had been able to educate Members who were part of the appropriate conference committee. Those elected officials decided to remove the language from SB 765 before final passage. Anti-muni Members also attempted to amend the language into a third bill, HB 1912, which concerned county buildings. The sponsor of the amendment then turned around and chose to strip out the language that began in HB 2078 from his amendment, once he learned that its inclusion would have sparked a filibuster and killed the entire amendment.
A Tough Fight That Isn't Over
Jim Baller, the nation’s leading telecommunications attorney who was directly involved with defeating the bill told Communications Daily:
MO Fight Not Over 'Til It's Over: Time To Call
The direct assault stalled but now anti-muni legislators in Missouri are going for the flank.
If The Bill Ain't No Good...
In February we learned about Missouri bill HB 2078, the latest legislative attack on municipal networks. Since our story, it has passed through the House committees on Utility Infrastructure and the Select Committee on Utilities. The bill seems to have lost momentum since mid-March but its sponsor, Rep. Lyndall Fraker, is taking another approach to make sure his bill gets passed, come hell or high water. Session ends May 13th, so he is now banking on procedural tricks, rather than the substance of his legislation.
On May 2nd, when a bill relating to traffic citations, SB 765, came before the body, Fracker proposed to amend it with language from HB 2078. Some of the amended language is even more destructive than the original proposal in HB 2078.
SB 765 had already passed the Senate with a 32 - 0 vote.
Advocates in Missouri report that, even though a number of Democrats wanted to strike the language as not germane to the substance of the bill, the Republican leadership presiding over the session would not recognize them so they could not move to strike the amendments. Fraker’s amendments were passed by only four votes, even though the House is controlled by an overwhelming majority of Republican Representatives.
Now, SB 765 goes back to the Senate for further approval after the Fraker amendments. Considering the outcome in the House, it's possible that an expression from voters can influence the ultimate outcome of this bill. This is the time when a phone call to your elected official can change the course of connectivity.
If you don’t know who represents you in the Senate or House, you can use the Missouri Legislator Lookup to obtain names, phone numbers, and email addresses. You can also contact the sponsors of SB 765 and explain how you feel about amendments that do not relate to the substance of their bill and urge them to clean up their legislation by striking the amendments themselves.
Missouri's HB 2078 Advances
Dear Readers: Since I first wrote this story with my attempt to analyze this bill, I have revisited my earlier interpretation. If you read this bill analysis before, you will notice some changes.
It is starting to become an annual pilgrimage to Jefferson City. Each year, House and Senate leaders on the telecom industry dole, introduce the same anti-competition bill.
This year the bill we are watching is HB 2078 in the House, yet another AT&T bill. We briefly introduced you to it in January when we requested you call Republican Representative Lyndall Fraker and the other Members of the House Utility Infrastructure Committee. Fraker is Chair of the Committee, often an indication that the committee will hear the bill.
AT&T donated $20,000 to the House Republican Campaign Committee, reports Ars Technica. Even though the check was deposited on February 15, 2016, Ars learned it was actually donated in September 2015, before session began. Regardless of when the money was donated, it is notable that AT&T contributed a total of $62,500 to political committees in Missouri, a place where the incumbent does not shy away from flexing its lobbying influence.
Last year, HB 437 was introduced and, after opposition from a number of private entities and public sector representatives, stalled in the House. Many of HB 437's anti-competitive characteristics are resurrected this year in HB 2078.
There are many things we don't like about this bill because it forces local governments to hold expensive referendums, dictates how they spend local revenue, and decrees cryptic rules that discourage partnerships with private providers.
Missouri Legislature Off to Another Anti-Muni Session: Pick Up Your Phone and Call!
If you pay attention to state laws affecting municipal networks in Missouri, you are experiencing an unsettling feeling of deja vu right now. On January 7, Representative Lyndall Fraker introduced HB 2078, a bill much like last year's Senate anti-muni bill. Fraker is Chair of the House Utility Infrastructure Committee, where the bill is now awaiting a hearing, so it has a good chance of being heard sooner rather than later.
Your Phone Call Required!
Time to call Members of the Committee, especially if any of them represent you, and let them know that you expect them to vote against this bill. It is anti-competitive, opposed to local authority, and prevents new investment. Bad bill!
Preventing Partnerships to Maintain The Status Quo
This bill would not only make it extremely difficult for local communities to invest in publicly owned Internet networks, but would complicate and delay public-private partnerships. A number of communities across the country already own infrastructure and are exploring ways to partner with private providers who want to use it to serve schools, businesses, and residents. If a community wants to lower telecommunications costs or obtain better services, this legislation would have them first jump through a series of obscure, expensive, and cryptic hoops. This legislation creates barriers that serve no purpose except to erect hurdles that discourage local communities from finding better providers.