Carter: Updates from Committees, State Happenings, and General Revenue Report

At right: Representative Chris Carter and Representative Mary Still with the Granddaughter of Dred Scott

As your Representative in Jefferson City, it is of utmost importance that you, the constituent, know what I am doing and how I am working to serve you.  Recently in the Healthcare Transformation Committee on which I sit, a bill [HB1377] was introduced that would develop a system to screen and drug test work-eligible applicants and recipients of Temporary Assistance to Needy Families, taking away aid from individuals who tested positive and either refused drug treatment or failed to stay clean once they had completed a drug treatment program.  While I understand the chronic drug problems we face as a state and a nation, and the frustration taxpayers may have concerning tax dollars possibly being spent on illicit drugs, I believe this bill is a public policy disaster, and for the following reasons I opposed it in committee.

1. This bill is not revenue-neutral; it will cost the state money.  Enough money will not be recouped from not making payments to recipients who use drugs to pay for the program.  In the current state budget crisis, the creation of a new system to find ways to take assistance from people already in dire circumstances is unacceptable.
   
2. This bill unjustly targets poor people, who, according to testimony given during the committee hearing, are not statistically more likely to use drugs.
   
3. This bill will add names to an ever-growing waiting list for individuals seeking drug treatment from the State of Missouri.  Our current system cannot accommodate all who seek treatment, yet this bill adds to that system.

Lastly, this bill has major constitutional problems, and whether or not it is upheld by the courts, the state will have to mount a costly legal defense. Proponents of this bill actually said in committee that while this bill may cost money, the social benefit of fighting drugs is worth the cost.  I could not agree more, but I believe the best way for us to move forward and fight drugs, while defending families from the awful affects of drug abuse is for us to better fund the system we already have in place, not by infringing on the rights of poor families.  Using the money this bill would cost on more drug treatment and for more social services will help achieve the stated goals of this bill much better then the bill itself.  To address the concerns that some have about the use of state funds for illicit drugs, I will propose an amendment to the bill when it comes before the House insisting that everyone who receives state money, whether they are students receiving scholarships, farmers receiving subsidies, or state officials, including the Governor, who receive a salary, be screened and tested too, since this is the only way we can ensure that no state funds are supporting illicit drug use.

FLOOR ACTIVITY

All activity as of January 25, 2010

# House Bills Filed -625
# of HBs Referred to Committee -37
# HBs Reported Do Pass - 4
# HBs Reported Do Pass Consent - 0
# HBs Perfected - 0
# HBs Third Read - 0
# HBs Reported Do Pass in the Senate - 0
# HBs Third Read in the Senate - 0

COMMITTEE ACTION

On the Week of January 4, the following bills were referred to the House Special Committee on Health Insurance:

• HB 1311 - Requires health carriers issuing or renewing a health benefit plan to provide coverage for the diagnosis and treatment of autism spectrum disorders.
  
• HB 1341 - Requires certain health benefit plans to provide coverage for the diagnosis and treatment of autism

During the Week of January 19:

• The House Special Standing Committee on General Laws voted do pass a committee substitute for HCR 18, which urges the Missouri Congressional delegation to vote against the federal health care reform legislation.
  
• The House Health Care Transformation Committee voted do pass a committee substitute for HB 1377, which requires the Department of Social Services to test applicants for or recipients of Temporary Assistance for Needy Families benefits or the illegal use of controlled substances.
  
• The House Job Creation and Economic Development Committee held a hearing on HB 1511, which establishes the Missouri Science and Innovation Reinvestment Act and the Missouri Science and Innovation Authority.
  
• The House Budget Committee heard testimony from State Budget Director Linda Lubbering regarding the Consensus Revenue Estimates for Fiscal Year 2010 and 2011.

OTHER ACTIONS

by Marc Powers, Assistant Minority Floor Leaders Office

NIXON: CAMPAIGN CAPS MUST BE PART OF REFORM

Gov. Jay Nixon on Dec. 30 said restoring Missouri's limits on campaign contributions must be an essential part of ethics reform legislation. Nixon made his comments during a conference call with reporter to discuss ethics reform, which is expected to be a major issue during the 2010 legislative session following a rash of felony charges against Missouri lawmakers in recent years.

Missouri voters first imposed contribution limits with 74 percent support in 1994, but the Republican-controlled General Assembly repealed them in 2008. Repeal supporters argued it would improve transparency since donors could give unlimited amounts directly to candidates without funneling it through other campaign committees. Nixon said that simply hasn't happened as some donors continue to launder funds through committees to obscure the original source. To address the transparency issue, the second component of Nixon's proposal would ban committee-to-committee transfers, thus preventing money laundering.

The remaining two of the "four pillars" Nixon said must be a part of meaningful ethics reform call for banning elected officials from simultaneously serving as paid political consultants – a practice pioneered by former House Speaker Rod Jetton, R-Marble Hill – and requiring lawmakers to wait a certain amount of time after leaving office before they can be employed as a lobbyist.

MISSOURI MAY KEEP NINE CONGRESSIONAL SEATS

The latest U.S. Census estimate indicates that Missouri may keep its current nine seats in the U.S. House of Representatives. Demographers previously had been predicting Missouri likely would lose a congressional seat following the 2010 Census.

The Kansas City Star reported on Dec. 23 that Missouri's 2009 population estimate tentatively shows that Missouri at least has a shot at keeping all its congressional seats. Whether that happens, however, depends on how successful Missouri is in maximizing the number of its residents that are accounted for in the Census and how Missouri's count stacks up relative to population changes in other states.

During the 2011 legislative session, the Missouri General Assembly will draw new congressional districts to reflect population shifts. The state's new congressional map will first be used during the 2012 elections. The loss of a seat likely would make the task even more politically charged with incumbent members of Congress jockeying for support in the state legislature to ensure that they aren't the one redistricted out of office.

Missouri had as many as 16 congressional seats until the early 1930s but steadily has been losing representation ever since. Missouri last lost a congressional seat following the 1980 Census.

SUPREME COURT HEARS CHALLENGE TO MALPRACTICE CAP

The Missouri Supreme Court on Jan. 14 heard a case that challenges the constitutionality of a 2005 law that restricts non-economic damage awards in medical malpractice cases at $350,000. Nearly two dozen groups ranging from patient advocates opposed to the law to business and medical organizations that pushed for its passage weighed in on the case with friend-of-the-court briefs.

The plaintiffs in the case, a husband and wife, won their medical malpractice claim. In addition to economic damages, the jury awarded non-economic damages of $760,000 to the husband and $329,000 to the wife. Although the injury took place more than a year before the 2005 law took effect, the case was filed decided afterward. As a result, the trial judge applied the $350,000 cap, reducing the husband's non-economic damages to that amount. Since the cap is per-incident and not per-plaintiff, the judge eliminated the wife's non-economic damages. Prior to the 2005 law, the state law capped such damages at $579,000, with the cap annually adjusted for inflation, and each plaintiff in a case was subject to a separate cap.

In challenging the restrictions on damages, the couple alleged eight separate constitutional violations. One was that the current statute was unconstitutionally applied to their case since the injury predated it. Another was that by treating the husband and wife as a single unit, the law unconstitutionally deprived the wife of the ability to receive redress for her grievance. The court will rule on the case at a later date.

PSC DENIES AMEREN REQUEST ABOUT PUBLICITY RULES

The Missouri Public Service Commission rejected a request by AmerenUE for the commission to clarify its rules concerning what public comments can be made about proposed utility rate changes outside of filings and proceedings before the commission. Critics of AmerenUE viewed the company's request as an attempt to stifle the activities of a group that opposes an 18-percent rate increase the company is asking regulators to approve.

The Fair Electric Rate Action Fund is a coalition of business groups, consumer advocacy organization and some of AmerenUE's largest industrial customers. The group has mobilized strong public opposition to the proposed rate increase, which would generate and additional $400 million a year, and packed public hearings on the subject with AmerenUE critics. The company's clarification request centered on whether FERAF's activities violate a PSC rule against interested parties attempting to pressure commissioners in rate cases. The PSC voted 4-1 against the company with only Commissioner Jeff Davis in support.

AUDITOR SAYS STATE SHOULD TRACK LOST REVENUE

In an audit of state sales and use tax collections issued on Jan. 13, State Auditor Susan Montee recommended that the Missouri Department of Revenue begin tracking how much revenue the state forgoes as the result of the 131 sales tax exemptions currently established in state law. The department stated in its official response to the audit that implementing the recommendation would require a substantial increase in staff and an overhaul of the computer system, and the department lacks the funding to do either.

Montee also recommended that the legislature eliminate a 50-year-old provision that allows businesses to keep 2 percent of the sales taxes they collect if they pay the remainder to the state on time. Montee said the prompt-pay provision made sense when enacted in 1959 since taxes were calculated by hand but no longer is applicable in the computer age. Removing that exemption would generate about $93 million a year in additional revenue.

Montee said the state could also collect another $69 million a year by eliminating a law that allows businesses who charge customers more sales tax than owed to keep the difference. Both proposals have been floated without success in recent years.

HIGHWAY PATROL SUPERINTENDENT TO RETIRE

Col. James Keathley, the superintendent of the Missouri State Highway Patrol, announced on Jan. 8 that he will retire effective March 1. Keathley has been with the patrol for 33 years and has served as superintendent since 2006. Nixon will appoint Keathley's replacement, who by law must be promoted from within the patrol.

BUDGET, ETHICS EXPECTED TO TOP 2010 SESSION

A dire state budget situation and efforts to improve ethics in government after a recent string of felony charges against current and former state lawmakers look to dominate the 2010 legislative session, which began on Jan. 6.

According to the latest revenue estimates, Gov. Jay Nixon will be forced to cut an additional $200 million from the state budget for the current fiscal year, which ends on June 30. Nixon has already eliminated more than $600 million in operating and capital improvement spending lawmakers approved last year. Revenue collections for the upcoming budget year that starts on July 1 are expected to improve but not sufficiently to avoid even further cuts by the legislature.

In recent years, six House members and a senator have been charged with various felony crimes, though none was related to their official duties as legislators. Those cases resulted in five felony convictions or guilty pleas, one misdemeanor guilty plea and an acquittal. Also, former House Speaker Rod Jetton, R-Marble Hill, is facing felony assault charges. Jetton left office in January 2009 but remained a powerful force in the Capitol as a political consultant until his arrest last month. In addition, federal officials reportedly are investigating pay-to-play practices in the Legislature.

Republicans hold a 23-11 majority in the Senate and an 87-72 advantage in the House of Representatives, which has four vacancies that will be filled in special elections on Feb. 2. The legislative session ends on May 14.

NIXON PUTS LONGTIME AIDE ON COLE COUNTY COURT

Gov. Jay Nixon on Jan. 5 appointed longtime aide Paul Wilson of Jefferson City to fill a vacancy as Cole County circuit court judge. Cole County judges wield significantly more influence than other state trial judges because most cases involving challenges to state laws or state agency decisions must be filed in the county.

Wilson, 48, was a top litigator in the Attorney General's Office under Nixon for more than 12 years. After Nixon became governor last year, Wilson has worked for the Missouri Office of Administration as an adviser on budget matters.

Wilson, whose father McCormick Wilson was a longtime Cole County associate circuit judge, replaces Judge Richard Callahan, who is leaving the bench to accept a presidential appointment as U.S. attorney for the Eastern District of Missouri. Wilson must run in a November 2010 special election to serve out the remainder of Callahan's term, which runs through 2014.

STATE RELEASES DECEMBER 2009 GENERAL REVENUE REPORT

State Budget Director Linda Luebbering announced today that 2010 fiscal year-to-date net general revenue collections declined 10.6 percent compared to fiscal year 2009, from $3.7 billion last year to $3.3 billion this year. Net general revenue collections for December 2009 decreased by 21.7 percent compared to those for December 2008, from $785.6 million to $615.2 million.

GROSS COLLECTIONS BY TAX TYPE

Individual income tax collections

• Decreased 10.4% for the year, from $2.64 billion last year to $2.36 billion this year.
  
• Decreased 26.5 percent for the month.

Sales and use tax collections

• Decreased 6.8% for the year from $962.0 million last year to $896.3 million this year.
  
• Decreased 1.8% for the month.

Corporate income and corporate franchise tax collections

• Decreased 13.1% for the year, from $253.4 million last year to $220.1 million this year.
  
• Decreased 13.5% for the month.

All other collections

• Decreased 5.4% for the year, from $225.0 million last year to $212.8 million this year.
  
• Decreased 16.1% for the month.

Refunds

• Increased 2.6% for the year, from $357.2 million last year to $366.6 million this year.
  
• Increased 2.4%for the month.

SUMMARY OF STATE OF THE STATE SPEECH

On Wednesday evening January 20th, Gov. Jay Nixon delivered the annual State of the State Address. In his address, the governor laid out his priorities for the 2010 legislative session, including job creation, education and ethics reform.

After his speech, House minority leaders agreed with the direction the governor laid out. "Our focus is to create jobs, to make sure the budget is taken care of and ethics reform", said House Minority Leader Paul LeVota.  House Speaker Ron Richard, R-Joplin, commended the governor on his job creation programs. "We believe that is an issue we can all get behind on training and jobs for the future," said Richard. Richard has said many times that job creation and economic development are top priorities for the House this session.

However, House majority leaders had a different opinion of the address. "It was long on promises and short on specifics," said Speaker Pro Tem Bryan Pratt, R-Blue Springs. "We are waiting to see exactly what he meant when he said he was going to cut a bunch of stuff out of the budget."

In the end, both sides hope to work together for the best interests of Missouri, although they know that they will not always agree on what is best for the state.

LEGISLATION FILED THAT AFFECTS CITIZENS OF ST LOUIS

This year, legislation has been filed that I feel will affect citizens of St. Louis City. I have summarized each of these pieces of legislation below.

Restrictions on Temporary Assistance Benefits for Needy Families [HB1377] This bill requires the Department of Social Services to develop a program to screen and test work-eligible applicants for or work-eligible recipients of the Temporary Assistance for Needy Families (TANF) Program benefits who the department has reasonable cause to believe, based on the screening, engage in the illegal use of controlled substances. Applicants and recipients who test positive for th use of a controlled substance which has not been prescribed by a licensed health care provider will, after an administrative hearing by the department, be declared ineligible for TANF benefits for one year beginning on the date of the administrative hearing decision and will be referred to an appropriate substance abuse treatment program approved by the Division of Alcohol and Drug Abuse within the Department of Mental Health.  Any member of a household which includes a person who has been declared ineligible for TANF benefits, if otherwise eligible, will continue to receive protective or vendor payments through a third-party payee.

CENSUS 2010 INFORMATION

WE CANNOT AFFORD TO BE UNDERCOUNTED IN 2010!!
The next Census is scheduled to take place April 2010. You should receive your Census form by March 2010. If you don't receive you it, contact a BE COUNTED Center or your local Census Bureau. It will only take you about 10 minutes to complete the form. When doing so, include everyone who lives within your household on a regular basis. Complete your Census form and return it in the envelope provided by April 1, 2010. If a Census Bureau does not receive your form, a Census taker may visit your home to pick it up. They will have an official U.S. Census Bureau badge. Remember, your census information is completely CONFIDENTIAL.

So make sure to fill out the form and BE COUNTED!!! Your input helps your community receive federal and local funding.

GOOD INFORMATION TO PASS ON TO EVERYBODY THAT YOU KNOW:

2010 Census to Begin
WARNING: 2010 Census Cautions from the Better Business Bureau
Be Cautious About Giving Info to Census Workers
by Susan Johnson
With the U.S. Census process beginning, the Better Business Bureau (BBB) advises people to be cooperative, but cautious, so as not to become a victim of fraud or identity theft. The first phase of the 2010 U.S. Census is under way as workers have begun verifying the addresses of households across the country. Eventually, more than 140,000 U.S. Census workers will count every person in the United States and will gather information about every person living at each address including name, age, gender, race, and other relevant data.

The big question is - how do you tell the difference between a U.S. Census worker and a con artist? BBB offers the following advice:

• If a U.S. Census worker knocks on your door, they will have a badge, a handheld device, a Census Bureau canvas bag, and a confidentiality notice. Ask to see their identification and their badge before answering their questions.  However, you should never invite anyone you don't know into your home.
  
• Census workers are currently only knocking on doors to verify address information. Do not give your Social Security number, credit card or banking information to anyone, even if they claim they need it for the U.S. Census.

REMEMBER, NO MATTER WHAT THEY ASK, YOU REALLY ONLY NEED TO TELL THEM HOW MANY PEOPLE LIVE AT YOUR ADDRESS.

While the Census Bureau might ask for basic financial information, such as a salary range, YOU DON'T HAVE TO ANSWER ANYTHING AT ALL ABOUT YOUR FINANCIAL SITUATION. The Census Bureau will not ask for Social Security, bank account, or credit card numbers, nor will employees solicit donations.  Any one asking for that information is NOT with the Census Bureau.

AND REMEMBER, THE CENSUS BUREAU HAS DECIDED NOT TO WORK WITH ACORN ON GATHERING THIS INFORMATION. No Acorn worker should approach you saying he/she is with the Census Bureau. Eventually, Census workers may contact you by telephone, mail, or in person at home. However, the Census Bureau will not contact you by Email, so be on the lookout for Email scams impersonating the Census. Never click on a link or open any attachments in an Email that are supposedly from the U.S. Census Bureau.

PLEASE SHARE THIS INFO WITH FAMILY AND FRIENDS.

LOCAL CONTROL IN ST. LOUIS

A top priority for the 2010 Legislative session is returning control of the St. Louis Metropolitan Police Department back to the City of St. Louis. The Police Department is currently controlled by the St. Louis Board of Commissioners, 4 of the 5 of the Commissioners being appointed by the Governor, and the fifth being Francis G. Slay, who is the Mayor of St. Louis. St. Louis is one of the only cities in the country that has a state controlled police department.

The recent 2009 State Audit illustrated the innate issue with the outdated arrangements, mismanagement and abuse of taxpayer dollars and the other violations that take with the Department under State controlled management.

Recently, State Representative Jamilah NaSheed proposed legislation that would cause legislators to eliminate the problem of local control over the St. Louis Metropolitan Police Department. Three ballot initiatives have been proposed, which will allow the ballot supporters to collect the signatures needed to put the initiative on a statewide ballot.

Two of the ballot initiatives that are approved for public circulation will transfer the local control over the Police Department back to the City of St. Louis and the police pension system back to City Hall, while the other initiative would only give the power of the department back to the city. Senator Joe Keaveny and Senator Robin Wright-Jones also proposed similar initiatives that would also put power of the St. Louis Police Department back to City Hall.

The St. Louis Metropolitan Police Department has been controlled by the state since the Civil War.

WHAT'S GOING ON IN ST. LOUIS?

Riverview West Florissant Development Corporation is partnering with Alderman from the 2nd, 3rd, and 27th Wards, as well as St. Louis and North Patrol Special Operation to present its 1st Annual, "Blanket Drive".

With the starting of the new year, the organization would like to give away 2,010 blankets to low income families in the 2nd, 3rd, and 27th wards, as well as the homeless within the City of St. Louis. They are asking friends, neighbors, and business owners to donate new or gently used blankets for the drive by January 31.

Donations can also be made in lieu of the blankets to Riverview West Florissant Developement Corporation. All donations are tax deductible. The blankets will be distributing to those in need on February 1, 2010. For more information about the "Blanket Drive" or donating to the organization, contact Antionette Cousins, Executive Director at (314)382-9000

Blanket Drop-Off Sites
27th Ward Office, 6000 W. Florissant, M-F 9-5
RWFDC Office, 6085 W. Florissant, M-F 9-5
Golden Shears Barbershop, 8713 Riverview Blvd. Tu-F 9-5, Sat 8-4
3rd Ward Housing Corp., 1400 Salisbury, M-F 9-5