Brandom: Important Legislation Interview and Census Information

The following text is from an end of session interview with the Sikeston Standard Democrat that highlights many important issues addressed this past legislative session. [abstract of original article]

By Scott Welton
scottw{at}standard-democrat{dot}com

SIKESTON — Like every legislative session, the Missouri General Assembly was able to accomplish some important objectives while others weren’t achieved before adjournment Friday.

“I think without question the budget was the most important legislation this session,” said State Rep. Ellen Brandom, 160th District. “Of course, it was
more important than ever this year.”

Brandom said crafting a budget was particularly difficult this year as money had to be cut from many program.

“That’s always tough to do,” she said. “It deserved a lot of time and attention.”

Brandom said while the budget preparation was a time consuming endeavor this session, it is likely to be even worse in 2011.

“The budget next year is going to overshadow everything,” she predicted.

Foremost among what many consider to be unfinished business during this session was a jobs creation bill. [HB1675]

“I think many of us were disappointed we didn’t pass any economic development legislation,” Brandom said.

Brandom said she was also hoping to see the mandatory drug testing for welfare applicants pass. [HB1377]

“I will go back with that next year,” she said.

One item that was passed but in a less-than-satisfactory form was an ethics reform bill.

“I thought the ethics bill was important,” said Brandom, who was on the House Ethics Committee. “I was disappointed that it was not the bill that the committee put forth. It was sidetracked by a legislative maneuver and, at the last minute, another ethics bill appeared. It was not nearly as comprehensive as the committee report was. We had we spent hours and hours on it.”

Brandom described the ethics bill which was approved, Senate Bill 844, as “a watered-down version, a much weaker bill than the ethics bill that came out of our committee. There were some improvements but not as much as many of us would have liked.”

She said legislators should not be allowed to offer consulting services while serving in office and regrets this restriction didn’t make it into the version that finally passed. “That was my No. 1 priority,” Brandom said.

There were some bright points, however, to the 2010 legislative session, according to Brandom.

“I think one of the good things that passed was changes to Access Missouri scholarships for needy students that are attending two year or four year
Missouri colleges and universities,” she said.

Currently, students at private schools are eligible for larger scholarships. Under the changes approved in Senate Bill 733, “its the same amount of money regardless of where you are going to school,” Brandom said.

Brandom said she was also pleased to see the bill addressing Autism issues, House Bill 1311, pass.

“Autism prior to this time was not covered by health insurance.”

Under this bill’s provisions, group insurance policies regulated by the state must cover the diagnosis and treatment of autistic children including up to $40,000 per year for behavioral therapy.

“Children with autism who receive help when their young can make great strides,” Brandom said.

Brandom described Senate Bill 793 as “pro-life legislation” as it requires additional information to be given to women 24 hours before an abortion including the option to view an ultrasound and listen to the heartbeat of the fetus.

“We don’t want women to be forced into an abortion if its not what they really want,” Brandom said.

Brandom said she was also happy to see House Bill 1764 pass. This bill gives the state’s voters a chance to pass a referendum in August which would exempt Missouri from being compelled by the federal health insurance mandate to have health insurance and from penalties for paying for their own health care.

The state should be able to regulate health care itself, she said, “and citizens should be free to make their own decisions about health care without any penalty.”

Some information for this story was provided by the Associated Press.

Urgent Call to Action

As many of you know we are in the middle of a census count. Unfortunately, the Missouri response rate has been extremely poor in rural areas. If this underperformance continues its present course, our state may lose a representative in the United States Congress and an electoral vote in the presidential election.

I would like to encourage all of you to return your census form and remind your neighbors to do the same.

If you did not receive a form or have misplaced it you can call the Kansas City regional office to request a replacement form at 1-866-872-6868.

This is a very important issue that will have a tremendous impact on the future of our state.

On a personal note, I wanted to thank everyone who visited my office during this past session. It is always a pleasure to have friends, neighbors, and constituents visit.


The Sikeston Jaycees were presented a resolution in the Missouri House of Representatives to honor their tireless dedication to the Sikeston community and support of charities. In the last ten years they have given over 1 million dollars to a number of local charities.

Pictured are Paul Myers the State Jaycee’s President, Ryan Merideth the 2010 Jaycee’s President, Matt Matthews the 2009 Rodeo Chairman, Barry Johnson, Sam Thomas, Bart Ziegenhorn, Brandon Kuehn, Zac Black, Patrick Douglas, Matt Drake, Jason Pounds, Marc Leible, Matt Bain, and Representative Ellen Brandom.

As always, please contact me if you have questions on this or any other issue. My toll-free number is 866-834-9219 or you can email me at Ellen{dot}Brandom{at}house{dot}mo{dot}gov

Ruestman: Mid-Session Report

This week is spring break for the Missouri legislature!

We are midway through session and a lot has happened as we deal with the economy and work to further Southwest Missouri conservative values.  This is a brief summary of some of the more important bills we've been working on.

Continuing budget problems rank #1 and remain our highest priority this session.  After we reconvened, we went immediately to the work of boosting job growth.  A few weeks ago we passed House Bill 1675 which allows companies who create new jobs in the manufacturing fields to keep 50% of their withholding taxes for up to 10 years.  This is a strong incentive to expand our state's economy.

In December, the governor's tax commission decided to raise taxes on farmers by nearly 29 percent.  Obviously, in a rough economy, tax increases do not create or sustain jobs.  This absurd tax increase landed on farmers following one of the worst agriculture income years since the '40s.  This follows our promise to NOT raise taxes.  Again, I reiterate that in bad economic times we should cut taxes, not raise them.  We were able to block this proposed tax increase.

With state revenue dramatically lower than previous years and worse projections, we are making the necessary cuts to maintain a balanced budget.  This is never easy because everyone feels the cutbacks in some manner.  Beyond balancing the budget, the General Assembly has a further responsibility to wisely spending the money you've entrusted to us.  With House Bill 1377, we made an effort to do just that.  This bill requires drug testing for those applying for Temporary Assistance for Needy Families (TANF).  The Missouri House passed this 115-39.  It is an injustice to allow illegal drugs to be purchased with taxpayers' hard-earned money.

Federal issues have been on everyone's mind this session.  Just this week, the House gave preliminary approval to House Joint Resolution 48 which proposes a state constitutional amendment to protect health care rights.  It prohibits any person, employer or health care provider from being compelled to participate in a health care system.

Session has picked up pace and we should see two of my bills in committee the week of March 15^th.  I will not be writing a report this week because my office is closed.  This is an annual break we take so that we may spend much-needed time with our families.  If you have issues or concerns, we will return on March 15^th and would be happy to assist you at that time.

Carter: Legislation affecting St. Louis City, Dropout Prevention Task Force Report

OTHER ACTIONS

by Marc Powers, Assistant Minority Floor Leaders Office
As of February 4, 2010

GOVERNOR CUTS ANOTHER $74 MILLION FROM BUDGET

State general revenue collections for January 2010 plummeted by 22.4 percent compared to January 2009, forcing Gov. Jay Nixon on Feb. 2 to order another $74 million in cuts to the state budget. With the latest round of cuts, Nixon has eliminated more than $700 million in state appropriations lawmakers approved last spring for the fiscal year running from July 1, 2009, to June 30, 2010.

Missouri's net general revenue collections for January 2010 totaled $561.2 million -- $161.6 million less than what the state collected in January 2009. January's sharp drop in revenue collections brought the year-to-date decline in collections for the fiscal year to 12.5 percent compared to the same period the year before. The state has collected $3.88 billion so far this fiscal year – more than a half-billion less than the $4.44 billion it had received at the same point the previous year.

The latest cuts include slicing another $29.18 million from a statewide interoperable communications network for law enforcement and trimming $24.21 million for upgrading broadband access in rural Missouri. Other cuts include reducing funding for the Parents as Teachers program by $2 million and saving $2.19 million by suspending the state's contribution to the deferred compensation program for state employees.

FEDERAL GRAND JURY LOOKING AT PAY TO PLAY IN HOUSE

A federal grand jury convened in Kansas City is investigating pay-to-play allegations in the Missouri House of Representatives, a state senator confirmed on Feb. 2. State Sen. Matt Bartle, who is not a target of the investigation, told reporters for The Kansas City Star, The Associated Press and other news organizations that he testified before the grand jury for about 50 minutes regarding a 2005 bill he sponsored to impose strict regulations on the adult entertainment industry.

After the Senate passed the bill, then-House Speaker Rod Jetton, R-Marble Hill, assigned the measure to a committee whose chairman was known to oppose it. Jetton made the assignment four days after a campaign committee with ties to House General Counsel Don Lograsso, a top Jetton adviser, received a $35,000 donation from strip club owners. The bill died in the House committee.

"The receipt of that money looks horrible, and I think there is a link between that money and the bill dying," Bartle, R-Lee's Summit, told the AP shortly after testifying. In a Feb. 3 St. Louis Post-Dispatch story, Jetton said he believes he is the target of the investigation but maintained he did nothing wrong.

David Byrn, the treasurer of the campaign committee that received the porn industry funds, also testified on Feb. 2. Byrn, who is now a Jackson County circuit judge, said he not a target of the investigation. According to the AP, the grand jury met on Feb. 2 and Feb. 3 and has not issued any indictments. It is scheduled to meet again on March 9.

HOUSE APPROVES BILL ALLOWING TAX STACKING

The Missouri House of Representatives voted 132-19 in favor of a bill that would clarify that municipalities may impose two separate sales taxes of up to 1 percent each, so long as each is approved by voters. Relying on a 1999 statutory interpretation by the Missouri Department of Revenue, about 75 cities have won voter approval for multiple sales taxes. In recent years, however, a Farmington attorney has sued several of those cities on claims that the practice is illegal.

The attorney, former Republican state representative Tom Burcham, controls a political campaign committee that has funneled more than $100,000 to House Majority Leader Steve Tilley, R-Perryville. State Rep. Tim Jones, R-Eureka, told The Associated Press in December that the FBI had questioned him in October about Tilley's role in killing a 2009 bill Jones had sponsored to allow tax stacking. Jones is also the sponsor of this year's tax stacking measure, HB 1442. That bill now goes to the Senate.

SENATE PASSES AUTISM INSURANCE COVERAGE BILL

The Missouri Senate on Feb. 3 gave first-round approval to legislation that would require state-regulated insurance companies to provide coverage for the diagnosis and treatment of autistic children. Earlier in the day, the House Special Committee on health insurance approved a less generous version of the bill.

The Senate version, SB 618, would require insurers to cover up to $55,000 a year in treatment expenses up to age 21. The House bill, HB 1311, would mandate up to $36,000 a year in coverage for children age 9 and under, with the cap dropping to $20,000 a year for those age 10 to 21. The Senate bill requires one more vote before it moves to the House, which is expected to take up its version next week.

CHIEF JUSTICE SAYS TOUGHER LAWS HAVE BACKFIRED

Missouri Supreme Court Justice William Ray Price Jr. told lawmakers on Feb. 3 that a generation of tough-on-crime policies by the legislature has been "a great waste of resources" that has done nothing to reduce crime and has actually increased recidivism among nonviolent offenders. Price made his comments during the annual State of the Judiciary address before a joint session of the General Assembly.

"Perhaps the biggest waste of resources in all of state government is the over-incarceration of nonviolent offenders and our mishandling of drug and alcohol offenders," Price said. "It is costing us billions of dollars and it is not making a dent in crime."

While suggesting no leniency for violent offenders, Price urged the legislature to establish alternative forms of sentencing for nonviolent offenders that stress rehabilitation over incarceration. Alternative sentencing is proven to reduce recidivism and comes at a fraction of the cost of putting people in prison, Price said. On the other hand, Price said 41 percent of nonviolent offenders sentenced to prison commit new crimes within two years of release.

Price was appointed to the Supreme Court in 1992 by Republican Gov. John Ashcroft and is the longest-serving member currently on the court. He is serving his second two-year term as chief justice, having previously held the post from 1999-2001.

ANTI-COURT GROUP URGES SENATORS TO INTERVENE IN CASE

The leader of a group seeking to scuttle the Missouri Nonpartisan Court Plan has urged Republican state senators to contact members of the Missouri Supreme Court about a pending case that could overturn a 2005 law championed by Republicans that limits recovery for damages in medical malpractice cases. In response, the general counsel for the Senate leader warned senators that such interference with the court could be illegal.

James Harris runs Better Courts for Missouri, which is pursuing an amendment to the state constitution that would give the governor and lawmakers control over the judicial selection process. Under the existing process, independent commissions selects finalists for openings of the Supreme Court, Missouri Court of Appeals and circuit courts in the St. Louis, Kansas City and Springfield areas. The governor is required to appoint from among those finalists or forfeit the selection to the commission.

In a Jan. 25 memo to Republican senators, Harris wrote: "Missouri cannot afford for our court to embrace judicial activism in this case. Overturning tort reform would be harmful to our economy and impede access to health care. I encourage you to speak with members of the Court and be prepared to act if they overturn the law."

Brendan Cossette, the general counsel to Senate President Pro Tem Charlie Shields, R-St. Joseph, responded with his own memo to Republican senators on Jan. 27. "Please know that any ex parte communication from you with the Judges about this case or any issue before the court may involve serious legal ramifications and should be avoided at all costs," Cossette wrote.

The court heard arguments in the medical malpractice case, Klotz v. St. Anthony's Medical Center, on Jan. 14. It has yet to issue a ruling in the case.

HOUSE REJECTS PROPOSED CHANGES TO FARMLAND VALUES

The Missouri House of Representatives on Jan. 27 voted 140-15 to reject the State Tax Commission's recommended changes in agricultural land values. State law requires the commission to review the productive values of farmland, which are used to determine property taxes, every two years. The values were last adjusted in 1995.

Under the commission's recommendation, tax values would be lowered on about 65 percent of agricultural acreage but increased on the remaining 35 percent, which accounts for the state's most productive farmland. However, because the increases in tax values would be substantial and the decreases relatively modest, the overall tax value of farmland would go up about 11 percent.

The commission's recommendations will take effect on Jan. 1, 2011, unless the General Assembly passes a resolution rejecting them by March 7. The Senate overwhelming passed a similar resolution on Jan. 28, but both chambers must pass the same measure in order to override the Tax Commission.

HOUSE COUNSEL ON LEAVE AMID FEDERAL INVESTIGATION

House General Counsel Don Lograsso announced on Jan. 22 that he is taking an indefinite leave of absence to seek treatment for failing eyesight. Lograsso's explanation for his sudden departure was met with skepticism, however, as it came on the same day The Kansas City Star reported that the FBI is investigating possible pay-to-play allegations involving Lograsso.

Former state Rep. Bob Johnson, R-Lee's Summit, told The Star that the FBI recently had interviewed him concerning a 2005 bill regulating the adult entertainment industry that then-House Speaker Rod Jetton, R-Marble Hill, had assigned to a committee chaired by Johnson, a known opponent of the bill.

As first reported by The Star in 2006, Jetton assigned the bill to Johnson's committee four days after a campaign committee that Lograsso worked for as a paid fundraiser and consultant received a $35,000 contribution from the adult entertainment industry. That campaign committee in turn funneled the money to Republican candidates for office. By assigning the anti-porn bill to Johnson's committee, Jetton essentially ensured the bill wouldn't advance.

GAMING COMMISSION VOTES TO CLOSE ST. LOUIS CASINO

The Missouri Gaming Commission on Jan. 27 unanimously voted to revoke the license of the President Casino in downtown St. Louis as of July 1. Commissioners said Pinnacle Entertainment Corp., the casino's owner, has intentionally allowed the President Casino to decline since opening a new casino just blocks away in 2006.

The President Casino is located on the century-old Admiral riverboat, which is expected to lose its certification to carry passengers. Pinnacle had hoped to retain its license for the President but move it to a new facility in north St. Louis County, but the Gaming Commission shot down that idea last year when it ruled gaming licenses are nontransferable.

The stakes are high for Pinnacle due to a 2008 ballot measure approved by voters that, among other things, capped the number of statewide gaming licenses at 13. The effort to place that measure on the ballot was entirely bankrolled by Pinnacle and another casino company. Pinnacle officials have vowed to fight the revocation of the President's license, but if the company is unsuccessful, the Gaming Commission could award the license to another company for a casino in another part of the state.

BUDGET AX FALLS HARD ON MISSOURI SOCIAL SERVICES

By David A Lieb, Associated Press Writer

The budget ax fell hard on Missouri's social services Tuesday as House lawmakers began the long and painful process of crafting a state spending plan amid slumping tax revenues.

If the cuts hold up, Missouri would halt funding for crisis pregnancy centers and maternity homes, eliminate its operating aid for community health care centers and cut in half the state subsidies for domestic violence shelters.

Those were just a few of the roughly $60 million in state spending cuts approved Tuesday by the House Appropriations Committee for Health, Mental Health and Social Services as it began work on the 2011 budget.

House Budget Committee Chairmen Allen Icet has instructed the six appropriations committees that serve as a starting point for Missouri's budget to try to trim 5 percent from the $23.9 billion operating budget proposed last month by Gov. Jay Nixon.

Tuesday's decisions show that the cuts for some specific programs could far exceed that. But the cuts embraced Tuesday still could be partially or fully reversed.

Under Missouri's budget process, the spending plans approved by House appropriations committees then go to the full House Budget Committee before moving to the House floor. The budget also must pass through the Senate before going to Nixon for his signature or vetoes.

Advocates for social services warned of potential dire consequences from the cuts.

The House committee, for example, voted to eliminate the entire $9.25 million in state grants for Federally Qualified Health Centers, the vast majority of whose patients are either uninsured or covered by the government's Medicaid program for the poor.

The health centers still would receive Medicaid payments, but if the state operating grants are eliminated, some of the 180 community health sites could be forced to close or lay off doctors and nurses, said Joseph Pierle, CEO of the Missouri Primary Care Association.

"The bottom line is this is going to reduce access to care in both urban and rural Missouri," Pierle said.

The House panel also voted to eliminate the entire amount - nearly $2 million - proposed for the Alternatives to Abortion program, which provides grants to nonprofit agencies that encourage pregnant woman to give birth instead of having an abortion. The agencies provide such services as food, clothing, housing, ultrasounds and parenting skills.

"This is a program that has been funded since the mid-1990s, through Democratic and Republican administrations," said Sam Lee, of Campaign Life Missouri. If the cuts remain, "it could possibly lead to an increase in abortions, and that would be very unfortunate."

Domestic violence shelters would see a cut of nearly $2.4 million - half of their total funding from state general revenues, although their federal funding would not be affected. That cut could prevent thousands of women and children from receiving safe temporary housing, said Colleen Coble, CEO of the Missouri Coalition Against Domestic and Sexual Violence.

Even without cuts, Missouri shelters have been forced to turn away people. About 10,500 women and children received shelter in 2008, the latest year for which statistics were available, while more than 9,000 were turned away because shelters were full.

"All of us understand it is a difficult year" for the state budget, Coble said. "But 50 percent is beyond a fair share (of the cuts), especially for women and children in danger."

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.

Missouri House Gives Preliminary Approval to Bill Authorizing Drug Testing for TANF Recipients and Elected Officials

On Thursday, the Missouri House gave first-round approval to a bill that would set up a system of drug screening for state elected officials and welfare recipients suspected of using illegal controlled substances. HB 1377, sponsored by Rep. Ellen Brandom, R-Sikeston, passed the House by a vote of 113-40.

"This bill is the result of many, many taxpayers concerned that their … tax-paid dollars are being used to subsidize illegal use of controlled substances," said Brandom of the bill that received three days of discussion on the House floor. "Most people today have to take a drug test for their job and they do not understand why anyone abusing the system can have tax dollars and spend them illegally."

The bill would require the Missouri Department of Social Services to drug test work-eligible adults who apply for and receive benefits from the Temporary Assistance for Needy Families program if the department has a reasonable suspicion of drug use. Individuals who test positive or refuse to submit to testing would be denied benefits for one year.

During discussion on the bill, Rep. Ryan Silvey, R-Kansas City, added an amendment that would require drug testing for Missouri elected officials.

"I don't think it's any kind of a burden that we shouldn't subject ourselves to. I don't think anybody in this room has anything to hide in this area. I for one would be happy to take a drug test any time," said Silvey.

Most of the discussion on the bill focused on Silvey's amendment, which received support from members of both parties.

"It is very common for individuals in many trades to have to take random drug testing. I think it is only proper and fitting that we as elected officials do the same," said Rep. Bryan Stevenson, R-Webb City.

"If we're going to make people do it, we need to step up and do it ourselves," said Minority Floor Leader Paul LeVota, D-Independence.

"I do agree it would be less hypocritical of us to single out this particular group for scrutiny that we don't offer to ourselves, and that we're both recipients of state funds," said Rep. Jeanette Mott Oxford, D-St. Louis.

Rep. Scott Dieckhaus, R-Washington, added an amendment to the bill that would immediately cut off benefits for those who test positive for drug use. The original version of the legislation would have allowed individuals who test positive to complete a drug treatment program and still keep their benefits. Dieckhaus said the change would create a strong incentive for TANF recipients to not use drugs.

"I think we need to send them a stern message that they need to get off the drugs and that they need to provide for their children and their families," said Dieckhaus.

Rep. Jeff Roorda, D-Barnhart, expressed concern about the potential impact the change could have on children of TANF recipients. "You work off the assumption ... this money is going for drugs," Roorda said to Dieckhaus. "I work off the assumption that it's going for the bologna sandwiches that keep these kids fed." In response, Dieckhaus pointed out that the legislation allows for children to continue receiving benefits through a third party outside the household.

The bill needs an additional vote in the House before moving to the Senate for discussion.

House Approves Unemployment Benefit Extension

On Tuesday, the Missouri House of Representatives gave final approval to a bill that would extend the state's eligibility to receive federal funds to provide unemployed individuals compensation beyond the current benefit period. The House approved HB 1544, sponsored by Rep. Barney Fisher, R-Richards, by a vote of 145-12.

"This is a federal extension of time that Missouri's unemployed can be on unemployment. This is 100 percent full federal funding. It costs the state of Missouri nothing. It costs Missouri businesses nothing," said Fisher. "It would address the unemployment needs of about 62,000 Missourians."

The bill would extend federal unemployment benefits for workers that have exhausted all state and federal benefits. Legislation passed in 2009, HB 1075, set a cutoff date of December 5, 2009 for the extended benefits. If HB 1544 is signed into law, the sunset provision would be removed and unemployed workers would receive extended benefits as long as the federal government fully funds them.

"What we're trying to do here is eliminate the sunset, cut through the red tape, and get unemployment benefits to our constituents when the (federal government) extends the benefits," said Rep. Gina Walsh, D-St. Louis.

The bill now heads to the Senate for consideration.

Four weeks and 10 bills later, House debates autism measure

House speaker had promised autism bill would be the first debated in 2010

The Missouri House of Representatives today for the first time debated legislation that would require insurance companies to provide coverage for the diagnosis and treatment of autistic children. House Speaker Ron Richard, R-Joplin, had promised the bill would be the first piece of legislation debated on the House floor during the 2010 legislative session; instead it was the 11^th.

"Although parents with autistic children no doubt wish Speaker Richard had kept his promise, House Democrats are pleased to finally be debating the autism insurance bill," said House Minority Leader Paul LeVota, D-Independence. "It's too bad we had to wait a month and spend hours debating nonbinding resolutions, but at least we are finally working on this issue."

During a Dec. 3 conference call with reporters, Richard promised the autism bill would be the first measure debated by the House this year, a pledged reported by numerous news organizations, including the St. Louis Post-Dispatch in a Dec. 4 story.

Instead of the autism bill, HB 1311, the first legislation the House debated this year was a nonbinding resolution [HCR18] to Missouri's congressional delegation on Jan. 19. That bill was taken up four weeks to the day prior to HB 1311.

DROPOUT PREVENTION TASK FORCE DISCUSSES REPORT

The House Dropout Prevention Task Force met to discuss the report it will submit to the Speaker of the House. The task force is led by Rep. Jamilah Nasheed, D- St. Louis, who is concerned by Missouri's current dropout rate.

"This is a silent epidemic. This is a serious issue and there needs to be a school improvement process to increase the graduation rate in Missouri," said Nasheed.

Rep. Jeanette Oxford, D-St. Louis, had several suggestions for the report, including raising the age a student may choose to dropout of school to 18. The group also discussed options for increasing monitoring of children at risk, beginning in the third grade. Monitoring could include a student's reading level, as well as attendance.

"Monitoring is a matter of noticing that a student is exhibiting A, B, and C problems, and then stepping in to intervene," said Oxford. Representatives from the Department of Elementary and Secondary Education echoed that suggestion, saying monitoring before third grade would be even better.

Rep. Doug Funderburk, R-St. Peters, expressed that he wanted to make sure nothing in the report would have unintended consequences for home-schooled children or children who attend private schools. The task force agreed with Funderburk's recommendation.

The task force also discussed the benefits of early childhood education, as well as longer school days. The discussion of the report was tabled to a later date to allow for more research into some aspects of the report.

House Education Appropriations Committee Hears Testimony on Higher Education Budget

Witnesses from the Missouri Department of Higher Education (DHE) testified before the House Education Appropriations Committee on Wednesday, requesting funds for higher education components such as scholarships, student loans, community colleges and University of Missouri (UM)-related institutions.

Early in the testimony, Reps. Mike Thomson, R-Maryville, who chairs the committee, and Maynard Wallace, R-Thornfield, questioned the role of the DHE in the A+ scholarship program and its expansion. The witness said that as long as DHE receives a transfer of funds from the Department of Elementary and Secondary Education (DESE), the department could successfully handle the college scholarship portion of the program. However, other program initiatives like the evaluation of high schools would remain the responsibility of DESE.

The committee also heard testimony on the Missouri Student Loan program, and Rep. Thomson wondered about the potential effects of a federal bill now being reviewed in Congress. A bill currently in the U.S. Senate would require all federal student loans to come directly from the federal government, shutting out private lenders such as banks. Many colleges and universities in Missouri are already preparing to switch to direct lending, a process that would not involve DHE at all.

"It would change our role significantly," DHE Deputy Director Paul Wagner said. "We're confident that there would still be a role for state guarantee agencies several years into the future, but obviously it would fundamentally change the nature of our business."

Representatives also discussed funding for higher education institutions. Rep. Rick Stream, R-Kirkwood, said that although community colleges had agreed not to raise teachers' salaries, some schools still implemented increases.

"We've got Missourians all across this state who are losing their jobs, being laid off, getting less hours, having to pay more money into their benefit programs, and getting their benefits cut," Stream said. "And yet, some institutions felt obliged to give their teachers a four percent pay raise…. I don't think it's right."

Spokespersons for UM-related institutions also testified, stating that recent budget cuts have caused their programs to run at less than full capacity. According to testimony, the Missouri Research and Education Network (MOREnet) struggled last year, eliminating 20 percent of their positions and freezing growth. MOREnet Executive Director John Gillispie testified that further cuts would cause the network to increase fees to the point that some schools would no longer be able to afford internet access.

The committee meets next week to hear more testimony on the budget.

Nance: Welfare Drug Testing, Statewide Special Elections, Balancing the Federal Budget

“Man is not free unless government is limited.” –Ronald Reagan

Mandatory Drug Testing For Welfare Recipients

It is important that we help our state’s most needy citizens. Most of these citizens are responsible, hard-working members of society, just trying to keep their heads above water. However, there are a small number of those who take advantage of the system. I believe in order to receive assistance from the state you must test drug-free.

This week, the House voted to third read and pass HB1377, which might require drug testing for those applying for Temporary Assistance for Needy Families (TANF) as well as drug testing for those who are currently receiving TANF through the Department of Social Services. An individual would be tested if, based upon a screening, there was a suspicion of use.

Applicants and recipients who test positive for the use of an illegal substance will be referred to a treatment program for substance abuse. If the individual completes the treatment program in a reasonable amount of time and tests negative for drug use, they can regain eligibility for welfare benefits.

However, if the individual fails to complete the program or after completing the program still continues to test positive in subsequent drug tests, the Department of Social Services can, after a departmental administrative hearing, declare the individual ineligible for TANF benefits for one year. TANF could still be used for family needs through a third party.

Also tied into this bill is a requirement that all elected officials for state offices must take a drug test before assuming office and then take a test every two years. The costs of such testing shall be paid by such official.

Special Elections for Statewide Office

The House passed HB 1497 this week that will require the governor to call a special election for any vacancy that occurs in a statewide office. Currently, the governor appoints the successor for the remaining balance of the term. All political power originates from the people.

Telling Congress to Balance the Federal Budget

The federal government is not constitutionally required to pass annual balanced budgets like 49 out of the 50 states; this process has continued to spiral out of control.

The federal debt now exceeds 12 trillion dollars and Congress has shown no interest in putting a stop to this dangerous trend. That is why the Missouri House passed Budget Chairmen Allen Icet's House Resolution 34 which urges the United States Congress to submit a balanced budget amendment to the states for ratification. We must stop this trend of out-of-control deficit spending that passes the cost of our projects and programs on to our children and grandchildren. With this resolution, the Missouri House calls on Congress to put a stop to the fiscal irresponsibility and urges them to pass a balanced budget amendment.

Tom Crenshaw visited the capitol to discuss funding for mental health.

In the District

I observed the Excelsior Springs Robotics team’s Mystery Machine on February 6th during their open house.

I participated in career days at the Lawson Middle School on Friday, February 12th.

Five scouts from the Harris family met me on the 13th for a class on the “Bill of Rights”.

On Sunday, I was speaker at the First United Methodist Church celebrating the 100th anniversary of the Boy Scouts.

Congratulations to Excelsior Springs School District on their recognition as a “Distinction in Performance District”.

Schupp: Committee Notes, Freshmen Dems' Learning Sessions, Special Elections for State Office Vacancies

It is easy to stay busy at the Capitol.  Most of my meetings start at 8:00 AM and I usually get back to my apartment between 11:00 P.M. and midnight.  Time goes by quickly.  This past week, my travel buddy, Rep. Kirkton and I took the train to Jefferson City.  It is a wonderful way to travel.  It means a lot to have the ability to read or rest for those couple of hours each way.  Living within walking distance of the Capitol means there is really no need for a car.  It has worked out to be a terrific arrangement for me this year.

We will be focused on budget this week since the budget chair has given us a committee deadline of Feb. 18th to get our work done in our appropriations committees.  Having received the budget mark up booklets at the end of this week means a lot of us will be studying over the weekend.  I will be in Kansas City with Mark, helping move my father-in-law into a new place.  The drive time home will be a good time to continue budget review.

It was an honor to meet with members of the Hispanic Chamber and join in on a small group discussion about issues facing the Hispanic Community.  I thank Jorge Riopedre for the opportunity to be involved.

Thank you for your confidence and this opportunity to serve.  It is an honor to work for you and our state.

Truly,

Jill

Of Note…

From my Committees


Rep. Schupp (middle), alongside Rep. Mary Still (left) and Rep. Sue Schoemehl (right), questioning a witness during the House Higher Education committee meeting this Tuesday.

Higher Education

The Higher Education Committee heard testimony on House Bill 1473 that lowers the grade point average required for renewing an Access Missouri Scholarship from 2.5 (C+) to 2.0 (C) for the first two years of the program.  Initially, I was opposed to this seemingly "dumbing down" of the GPA requirement, but testimony provided insights I hadn't considered.  First of all, this program is about access to college.  Student recipients are getting these dollars based on need, not because of merit.  State merit scholarships, by the way, also require a 2.5 GPA.  We want our students to be able to attend and successfully graduate from college.  Many of these recipients are the first generation in their families to go to college.  Freshmen come in learning to make decisions, juggle schedules and use their time without necessarily living under the watchful eye of their families.  Some have to work in addition to learning in this new environment.  A "C" average for the first two years of college is not unreasonable, and to take away the Access Missouri Scholarship would absolutely mean that many of these students who could go on to succeed and earn a degree would lose their opportunity because college simply would not be affordable without this aid.  This is not Lake Wobegone, "…where are the children are above average."

Appropriations for Public Safety and Corrections

The committee met for five hours to take a cursory glance at the hundreds of pages of budget descriptions from each department.  Through meetings with other ranking members organized by Rep. Sara Lampe, our Ranking Member of Budget, we reviewed the mark up process that will be used this year to make recommendations for movement of dollars within each of our committee areas.  This is a different process than last year, and will likely be more transparent.  Within each of our appropriations committees, we will have to offer decreasing amendments in order add increasing amendments, so within each department there will not be any net budget increases.  We are only allowed to move or manipulate the budgets within Public Safety and Corrections...we cannot look to other areas of the budget for increases or decreases.  Changes across budget areas can happen within the Budget Committee or on the House Floor.  Our Committee Liaison, Mr. Joe Roberts, has been generous with his time and met with some of us twice to address questions, help us understand how to look for areas where changes might be made, and prepare for the budget meetings.

Children and Families

This week, The Special Standing Committee on Children and Families heard testimony on two bills.  HB (House bill) 1365 was described by its sponsor as a bill that ensures that pharmacies are not required to stock abortafacients, but that is not what the bill states.  Currently, no pharmacy, or any business for that matter, is required to stock and sell a particular item.  What this bill does is incorrectly and inadvertantly lumps contraceptives in with abortafacients and allows the legislature to override the powers of the judiciary by exempting pharmacies from liability should a particular customer have a grievance.  I will be offering amendments to correct the inaccuracies and allow an agrieved consumer the opportunity to be heard.

We also heard House Bill 1546 that ask the woman choosing abortion to provide personal information about her decision in order for records to be kept as to why this choice was made.  The information will not be statistically significant, since women who choose to provide this information are a self-selected group.  The language is somewhat unclear in that the word "required" is used even though this participation is voluntary.  The bigger question is about the real purpose of the bill.  What problem does it seek to resolve?  If we find that unintended pregnancies are the result of lack of information about family planning and contraception, will we expand programs to help provide that information and access?  If we find that women are not choosing abortion due to coercion, will we quit hearing that type of legislation? If we find that women believe they cannot afford to have another child, will we help with family assistance and support for that woman and her family? Is this simply another attempt to intimidate women who are making a very difficult decision?

Freshmen Dems’ Learning Sessions

This week, we found our time well spent yet again as two highly informative learning sessions took place to help us make thoughtful and well informed  decisions when addressing future legislative issues.

Sallie Hemenway, from the Department of Economic Development (DED), talked to us about tax credits.  There were a lot of questions as legislators work to ensure they understand how the various credits work and what they do.  The focus of the discussion was on proposed legislation that would subject tax credits to the appropriations process.  DED has not taken a position on this legislation to date.  There were so many questions as we went through the topic (everyone felt they could have listened and learned from Sallie for hours, but we only had one scheduled,) that the question itself was only addressed in this way:  Subjecting tax credits to the appropriations process will change the time line for the developer(s) of the project.  The legislative body will have to determine whether that is something it feels is beneficial to impose.

Our second session for the day (we are fortunate to have a group of people who want to learn, and those who are willing to help us do so) included Dr. Jon Hagler, Director of Agriculture, and Davis Minton, Department Director of Natural Resources.  Our discussion and questions focused on CAFOS( Confined Animal Feeding Operations), local versus state control and information about "puppy mills."  Animal welfare groups and animal lovers in our district have been especially concerned about puppy mills in the state.  Under Dr. Hagler's leadership, a new program, Operation Bark Alert has been implemented.  It is the belief of the department that the big offenders and news headliners exposing  horrible breeding practices and accommodations under which man's best friends live  in Missouri are created by the unlicensed breeders.  Resources for the department are scarce.  It will require additional personnel (currently there are 11 inspectors for the entire state) to continue to inspect the licensed breeders, pounds and facilities and to seek out the unlicensed breeders and shut them down.  To learn more about the department's activities and innovations, you can "google" the Missouri Department of Agriculture.

Next week the caucus will hear from Jason Hall of the Missouri Technology Corporation (MTC), and Dr. Anthony Harris from the University of Missouri, about Missouri's advancement and opportunities in the biotechnology and plant, animal and life sciences fields, and Cynthia Kramer, executive director of SCOPE (Science and Citizens Operating for Purpose and Exploration.)

In the News...

Governor Nixon appointed Major Ronald Replogle as superintendent of the Missouri State Highway Patrol on February 8.  He is a 26-year patrol veteran and currently is commander of its Criminal Investigation Bureau.

Congratulations to Major Replogle.

House Bill 1497 was approved by the house this week. It requires the governor to call a special election to fill a vacancy to the offices of lieutenant governor, secretary of state, attorney general, state treasurer or state auditor. This would take away the governor's ability to appoint someone for the remainder of the term.  It has fiscal implications and time ramifications.  This bill will, for example, take the power away from the Governor to appoint a replacement should Secretary of State Robin Carnahan win in her bid for election to the U.S. Senate.

The House gave final approval for HB 1377, which requires that TANF (Temporary Assistance for Needy Families) recipients be screened and required to take a drug test. If found to be using an unprescribed drug, the $58/month received in benefits will be taken away for one year.  The people who receive TANF benefits are mostly (78%) women with an average in the range of 2-3 children.  This group is in the process of looking for work.  Should the State find them to be drug users, it does nothing to help them overcome drug addiction.  It is punitive, and places this poverty-stricken family in an even more tenuous situation by taking away dollars that could be going for rent and utilities.  This year's form of the bill also requires drug testing for state elected officials and judges.  What is lacking in that regard, is the same kind of punitive response to a positive drug-use finding than TANF recipients receive.

Ervin: Drug Testing and Welfare

"I am for doing good to the poor, but I differ in opinion of the means.  I think the best way of doing good to the poor, is not making them easy in poverty, but leading or driving them out of it." –Benjamin Franklin, "On the Price of Corn and Management of the Poor", November 1766


This week, the Missouri House passed legislation [HB1377] which prevents drug-users from receiving welfare benefits.  The legislation calls for the Department of Social Services (DSS) to establish a drug-testing program for work-eligible applicants and recipients of the Temporary Assistance for Needy Families (TANF) program.  This is a cash-aid program and currently has NO restrictions for those who may use illegal substances.  If passed and signed by the Governor, Missouri would become one of eleven states that practices drug testing provisions for welfare applicants - it's about time.

The legislation says that to be tested, there must be "reasonable suspicion" to believe a person is using illegal drugs.  After an administrative hearing, applicants or recipients who test positive will be declared ineligible for benefits for one year.

This legislation is long over-due.  Most employees, including the military and federal employees, are required to take a mandatory drug test.  Why shouldn't welfare recipients who receive support from OUR hard earned tax dollars be held to the same standard?

The bill also directs the department to develop, implement, and enforce a policy requiring the immediate termination of an employee who fails to report any suspected illegal use of a controlled substance or fraud of the TANF Program by any applicant or recipient of TANF benefits.

In addition, the bill also subjects elected officials to a drug test prior to taking office and once every two years after that while they remain in office.

This legislation will help encourage people using drugs to stop and get help.  It is a necessary intervention.  If people want to receive welfare benefits, they have to be drug-free.  The Senate needs to pass this bill and the Governor should sign it.  This legislation will begin to help and enable our citizens to live a clean and productive lives rather than harming themselves and those around them.

As always, I appreciate hearing your comments, opinions and concerns.  LaTonya Percival, my Legislative Assistant, and I are always available to answer questions and write me at doug{dot}ervin{at}house{dot}mo{dot}gov or regular mail at 201 West Capitol Avenue, Room 412A, Jefferson City, MO 65101.

Ruestman: House Hard at Work

The fifth week of session has come and gone.  The weather doesn't seem to be cooperating very well, but we continue to work on issues important to you.  This week the House voted on two key pieces of legislation important to you and the state budget.

On Tuesday we passed a bill [HB1544] for an extension of the time the unemployed can be on unemployment benefits.  It does not affect the state budget because it is fully funded with federal dollars.  It addresses the needs of about 62,000 unemployed Missourians.  We are also working hard on a jobs bill to help turn around our slow economy.

Drug Testing for TANF

Our last vote of the week was to finalize House Bill 1377.  This bill creates a system to screen recipients of Temporary Assistance for Needy Families who are suspected of illicit drug use.  My office has received numerous complaints about tax dollars going to those who use them to purchase illegal drugs.  While many law-abiding citizens must submit to a drug test for their job, it seems only reasonable to assure them their hard-earned money is not subsidizing the illegal use of controlled substances.

During the debate on this legislation an amendment was added to require drug testing of elected state officials.  It seems fitting and proper to require public servants to verify they are not disrespecting and dishonoring their constituents and office.  As mentioned before, if our constituents must submit to drug tests for their employment, we should not be hesitant to do it for ours.

House Bill 1377 received broad bipartisan support.  The Thursday vote was 113-40 in favor.  It must now receive one more vote on the final version before being sent to the Senate for approval.

Smart Sentencing

This week also saw the annual State of the Judiciary address from the Chief Justice of the Missouri Supreme Court.  Chief Justice William Price delivered an excellent speech.  In it, he highlighted an issue I have been working on since last fall regarding the incarceration of nonviolent criminals.  I'd like to share a short excerpt of his address which I will be writing more about in coming weeks:

"Perhaps the biggest waste of resources in all of state government is the over-incarceration of nonviolent offenders and our mishandling of drug and alcohol offenders.  It is costing us billions of dollars and it is not making a dent in crime."

I look forward to working with Chief Justice Price and his office on finding a viable solution to this growing problem.  We will report more on it as developments take place.

If you have problems, questions or wish to express concern over an issue, please do not hesitate to contact me or my Legislator Assistant, Jonathan, at my Capitol office either by phone 573-751-9801 or by e-mail at Marilyn{dot}Ruestman{at}house{dot}mo{dot}gov.

Burlison: Mandatory Drug Testing for Welfare Recipients

It is important we help our state's most needy citizens. Most of these citizens are responsible, hard-working members of society, just trying to stay afloat. On the contrast, there are a small number of those who are taking advantage of the system.

This week, the House voted to pass HB1377, which requires drug testing for those applying for Temporary Assistance for Needy Families (TANF) as well as drug testing for those who are currently receiving TANF through the Department of Social Services.

In tough economic times, your tax dollars should not be spent on those abusing the system and using your money for illegal drugs.  Many employers, including the military and the federal government, require drug testing to be employed. There is no excuse for welfare recipients not to live up to the same standard.

During debate on the House floor, an amendment was added to the bill that requires all members of the General Assembly to take a drug test before being sworn into office, and once every two years after that.  The House overwhelmingly supported the amendment, feeling that elected officials should be held responsible if they are found to be taking illegal drugs.

Applicants and recipients who test positive for the use of an illegal substance will be referred to a treatment program for substance abuse.  If the individual completes the treatment program in a reasonable amount of time and tests negative for drug use, they can regain eligibility for welfare benefits.

We hope this bill will be signed into law and inspire those who receive welfare and currently use drugs, to end their bad habit and turn their lives around.

Schupp: On the House Floor, Remembering Melanie Shouse, Learning Sessions

The "State of the Judiciary" was delivered to the general assembly this week by MO Supreme Court Chief Justice William Price, Jr.  A major component of the speech was a serious evaluation of whether our taxpayer dollars are being used effectively in our criminal justice system.  He made the case that incarcerating non-violent offenders is a burden to the system.  Rather, he suggests expansion of drug courts for those whose crimes fit into this category, which have proven to reduce recidivism.  

The Chief Justice also stated his rationale for supporting Missouri's non-partisan court plan.

In a move applauded by those on both sides of the aisle, the Chief Justice announced that in this difficult economic environment, the judicial branch of Missouri's government will temporarily give up $2 million to the state to fill funding holes elsewhere until economic recovery progresses.

At the same time, he reminded the assembly that our state judges and public defenders are paid poorly based on the workload they are carrying. Attracting great legal minds to our state going forward must be considered as we budget for our future.

This situation is one of many that will be considered as we adjust our cuts and spending in this difficult budget year.  As you know, Missouri's Constitution requires the state budget be balanced.

That explains why additional budget cuts were made by the Governor this week. With January revenues down over 22% from last year, there are few, if any areas of the budget that will not be affected.  This most recent round of cuts come from areas including the Alzheimer's Association, Parents as Teachers, the Missouri Institute of Mental Health, and through additional elimination of about 120 governmental positions.

As we continue to hunker down and make decisions about how to best create jobs, boost our economy and take care of our citizens, I appreciate hearing from you.

Thank you for your confidence as I work to serve you and our state.

Truly,

Jill

Needy Families and State Elected Officials Subject to Drug Testing

TANF Bill Passes First Round Vote in House

Perhaps you remember last year when I testified against drug testing parents of needy families, who would be tested simply because of their need to turn to the government for assistance while looking for employment.  Most recipients of TANF (Temporary Assistance for Needy Families) are women, single heads of household in their families.  The federal dollars they receive would be about $58 less per month for a period of a year if they were to test positive for drug use.  My testimony last year was based on a trip to the grocery store where I purchased $58 dollars worth of food to demonstrate what this money might provide to the children of those in need.  Last year, this legislation passed in the House and was defeated in the Senate.

This year, the recent passage of this legislation [HB1377] in the House includes the provision that officials (legislators and judges) elected to state office in Missouri will also be subject to drug testing.  In other words, "What's good for the goose…"

In Memoriam:  Melanie Shouse

Memorial Service, Sunday, February 14, 2:30 PM Central Reform Congregation

Melanie Shouse will be missed by her friend and fellow advocate, LaDonna Appelbaum.  Melanie will be missed by family and friends.  Melanie will be missed by those who know of the work she has done, and those who may eventually benefit from it. Melanie will be missed, but not forgotten.  Those who knew her, or those who are just learning about her are invited to a memorial service honoring Melanie's too-short life and inspired work.

We know we have lost a selfless and strong advocate for Health Care Reform as we remember Melanie Shouse.  Melanie's personal battle with stage four breast cancer ended this past Saturday.

Her personal experiences unleashed in her a passion to bring about reform so that others would not have to suffer the way she did. Horrific enough to have cancer.  Then, to suffer the additional burdens and hurdles through insurance and health care policies not designed to help those in the most dire circumstances simply adds deep insult to injury.

Melanie understood the meaning of advocacy and was determined to make the world a better place.  She will be remembered and admired as an inspiring woman with unmatched strength, perseverance, and determination.  Please join in the celebration of Melanie Shouse's life on Sunday, February 14, 2010 at 2:30 p.m.

Freshmen Dems' Learning Sessions

Thank you...Public Transit Officials

We had representation from around the state as our panel this week included Adella Jones from St. Louis Metro, Mark Huffer from the Kansas City Area Transit Authority, Deanna Borland representing the Missouri Public Transportation Association and Bob Jackson on behalf of Springfield Utilities.

It was informative to hear what the plans, both short and long term, are for public transit throughout the state.  It is clear that public transit is essential to a state trying to attract new businesses, drive the economy and help get employees to work.

This Wednesday, we will hear from Department of Agriculture Director Jon Hagler on CAFOs and farmland property tax classifications and Sallie Hemenway from the Department of Economic Development on tax credits being subject to appropriations.

Disaster Relief Information

In the event of a natural disaster such as an earthquake or tornado, these are important tips to keep you safe.  All of this information can be found on FEMA's (Federal Emergency Management Agency) website, http://www.fema.gov/hazard/index.shtm

Earthquake:

If you are inside:

• DROP to the ground and take cover under a sturdy table or chair.  If there is nothing stable by you, crouch in an inside corner.  Cover your face and neck with your arms.
• Stay away from glass and windows, outside doors and walls.
• If you are in bed, stay there until the earthquake ends.  If there is a heavy light fixture above you, move to the nearest safe place.
• Use a doorway for shelter only if it is near you and you know it is strongly supported.
• Stay inside until shaking stops.
• DO NOT use elevators

If you are outdoors:

• Stay where you are
• Move away from poles, wires, and buildings.  The greatest danger occurs when directly outside buildings, at exits, and along exterior walls.

If in a moving vehicle:

• Stop as quickly as possible and stay in the vehicle.  Avoid stopping near or under buildings, tree, overpasses, and utility wires.
• Proceed cautiously once the earthquake has stopped.

TORNADO:

If you are inside:

• >Go to a predesignated safe room, basement, cellar, or lowest level.  If there is no basement, go to the center of an interior room.  Put as many walls between you and the outside as possible.  Get under a sturdy table and use your arms to protect your head and neck.

If you are in a vehicle:

• Get out immediately and go to a nearby building or a storm shelter.  Mobile homes offer little protection from tornadoes, even when tied down.
• DO NOT try to outrun a tornado in a car or truck

If you are outside:

• Lie flat in a nearby ditch or depression and cover your head with your hands.
• Do not get under an overpass or bridge.
• Watch out for flying debris.  Flying debris from tornadoes causes most fatalities and injuries.

Honoring Our Veterans

Veteran George Newell, Senator David Pearce, Rep. Schupp, and Rep. Paul Quinn, District 9, at a reception honoring Missouri Veterans on Tuesday.

Conservationists and Environmentalists Visit

It was busy in the Capitol this week as so many of Missouri's conservationists joined forces!  Thank you to those who came to the office.  Efforts were focused on advocating for protection of Missouri's precious natural resources. Messages from advocates included efforts to increase energy efficiency, ensure  water quality, protect state parks and promote LEED-certified buildings.

Tim Jones: Balanced Budget Amendment, TANF Drug Testing, Health Care Freedom Act Update

At left: Rep. Tim Jones working on legislation on the House Floor with Speaker Ron Richard & Rep. Kevin Wilson.

Leaden grey skies pressed hard upon mid-Missouri and across the greater Midwest this week mirroring the somber mood in the Capitol as we continued to receive sobering news about the state of our economy and the fiscal challenges we face inherent in the 2010-2011 State Budget.  House Republicans remain committed to appropriate and necessary funding in crucial areas such as education with the full knowledge that waste and failed programs must be ferreted out and eliminated and that even well intentioned programs must be scrutinized and narrowed to achieve the constitutionally mandated Budget.  We all remain committed to doing what we can to return government to its proper roles while spending your tax dollars wisely…

"Democracy and socialism have nothing in common but one word, equality. But notice the difference: while democracy seeks equality in liberty, socialism seeks equality in restraint and servitude." –Alexis de Tocqueville

Balanced Budget Amendment

Over the past two years, Congress has added TRILLIONS of dollars to our federal debt.  Because the federal government is not constitutionally required to pass annual balanced budgets, like 49 out of the 50 states federal spending is spiraling out of control like never before.  The federal debt now exceeds 12 trillion dollars and Congress simply continues to raise the debt ceiling.  While Rome burns, Congress continues to simply pour gasoline on the fire.  That is why Budget Chairmen Allen Icet has filed House Resolution 34 [HCR34] which urges the United States Congress to submit a balanced budget amendment to the states for ratification.  We must stop this trend of out-of-control deficit spending that passes the cost of our projects and programs on to our children and grandchildren.  With this resolution, the Missouri House calls on Congress to put a stop to the fiscal irresponsibility and urges them to pass a balanced budget amendment.

Drug Testing for Welfare Benefits

This week, House Republicans perfected House Bill 1377, which will prevent illegal drug users from receiving certain state benefits. The bill would require the Department of Social Services (DSS) to develop a screening process for recipients of the Temporary Assistance for Needy Families (TANF) Program.  To be tested, DSS must have "reasonable cause" that a person is using illegal substances.

In tough economic times, your tax dollars should not be spent on those abusing the system and using your money for illegal drugs.  Many employers, including the military and the federal government, require drug testing to be employed. There is no excuse for welfare recipients not to live up to the same standard.

During debate on the House floor, an amendment was added to the bill that requires all members of the General Assembly to take a drug test before being sworn into office, and once every two years after that.  The House overwhelmingly supported the amendment, feeling that elected officials should be held responsible if they are found to be taking illegal drugs.

If this bill becomes law, it will make a difference.  Not only will this bill reduce the size of government; it will also remove abusers from the government dole AND ensure they obtain the help they need.

HEALTH CARE FREEDOM ACT UPDATE

Over the past year, America has watched as Congress has debated numerous health care reform proposals. The system needs reform.  Uninsured Americans need access to health care and those who have insurance need relief from rapidly rising health care costs.  But the more the American people have learned about the current health care reform proposals in Congress, the less they like them.

Real health care reform should address the root of our current challenges: COST.  To do this, we must work to promote competition and improve transparency, all while maintaining the quality of care that we have come to expect from our current system.  Instead of looking at proposals that would help Americans afford private health insurance, the proposals in Congress rely on expanding taxpayer funded health coverage, increasing taxes on private insurance policies, and penalizing individuals who choose not to purchase health insurance.

In the Missouri House, we have heard our constituents loud and clear: they oppose the current Federal health care proposals.  Therefore, we have worked on legislation this session to protect Missourians from the negative effects of Federal Health Control both in unfunded mandates and excessive taxation.

House Concurrent Resolution 18 passed the House earlier in session with overwhelming bipartisan support.  This important resolution lays out the many concerns that we have with the federal health care proposals including tax increases, mandates, and further regulation of the health care industry.  This resolution also urges Missouri's Congressional leaders to oppose these bills.  This resolution will send a message to Congress that Missourians want real health care reform, not the current badly crafted proposals in Congress.

We also continue to move House Joint Resolution 57 through the House.  HJR 57 is a proposed amendment to Missouri's constitution that would protect Missourians from any attempt to mandate the purchase of health insurance.  The federal proposals include mandates that would require individuals to purchase health insurance or face penalties.  Upon the approval of Missouri voters, this legislation would protect Missourians from both the mandates and the penalties.  With the passage of this extremely important proposal, we will ensure that Missourians continue to have a voice when it comes to their own health care decisions.

The current federal proposals will only exacerbate the challenges of our health care system.  Congress must take a step back and begin to look at real reforms that will rein in costs through market-based solutions.  The American people have spoken…in Virginia, in New Jersey and most loudly and clearly in Massachusetts, and it is about time that Congress starts listening.

I am the chief sponsor of HJR 57. As I have discussed, if it is passed and approved by the voters, it will secure the current rights and freedoms that Missouri citizens have to choose to participate in whatever health care system or care that they want.  Seventy five of my colleagues have co-sponsored this legislation and I am very grateful to them for their support.  You may view the legislation at this link:  http://house.mo.gov/content.aspx?info=/bills101/bills/HJR57.htm

I AM PLEASED TO REPORT THAT HJR 57 WAS VOTED "DO PASS" BY THE HOUSE GENERAL LAWS COMMITTEE THIS WEEK BY A BIPARTISAN VOTE OF 10 TO 4.  IT WILL NOW MOVE ON TO THE HOUSE RULES COMMITTEE WHERE IT WILL NEED APPROVAL BEFORE MOVING TO THE HOUSE FLOOR FOR FULL DEBATE.

Thank you all very much for your continued support of this very important resolution and I will continue to keep you posted on its progress.

SIX FLAGS ST. LOUIS IN EUREKA IS HIRING!!

I am very excited to report that Six Flags St. Louis, which is located in the heart of the 89^th District, is hiring more than 3,000 employees to fill positions for the 2010 season which begins on April 2^nd.  Six Flags will be hosting job fairs to fill these positions on February 6, 20, 27; March 6, 13, 20 and April 3, 10 and 17.  For more information, please visit: http://www.sixflags.com/stLouis/index.aspx

FAST FACTS

February is Black History Month in the United States.  February was chosen because it coincides with the birthdays of the great leader Frederick Douglas and President Abraham Lincoln.  In 1920, Walthall Moore was elected to the House becoming the 1^st African American to serve in the Missouri Legislature.  In 1960, DeVerne Lee Calloway became the 1^st African American woman elected to the House.

Need a Copy of the White Pages?

If you need a FREE copy of the White Pages, you can obtain one!  Contact AT&T toll free at 1.800.792.2665 or visit www.RealPagesLive.com

Tim's Legislative Platform for 2010

So far this year I have sponsored and filed thirteen individual pieces of legislation.  I have co-sponsored numerous other bills.  To review all of the bills that I have sponsored or co-sponsored, please follow this link:  http://www.house.mo.gov/content.aspx?info=/bills101/spon/spn089.htm

Over the past two weeks, four of my bills were heard in committee and the hearings for three of these four very important bills lasted over three hours each!  The topics of the bills were the Health Care Freedom Act, the Prompt Pay Act [HB1498](which is a TRUE health care reform bill that closes a loophole in payments from insurers to providers that will save the providers and patients actual costs) and the Access Reform Act [HB1750](another consumer friendly bill that will reduce subsidies in the telecommunications industry).  One of my bills, [HB1442] which will protect taxpayer approved taxation structures for rural municipalities, has already passed out of the House and is moving in the Senate.  I will continue to work hard to advance good government legislation that benefits all Missourians and will continue to keep you updated on the progress and status of the bills.

Personal News & Notes

At right: Daughter Katie with two of her friends enjoying a favorite pastime…reading!

I have returned to the very busy routine of extremely full weeks of practicing at my law firm, legislating and debating at the Capitol and of course spending as much quality time as possible with my wonderful family.  I must continue to thank my wife Suzanne and daughters Katie and Abby for all of their continued sacrifices.  Their support and encouragement sustain me in the long days and nights as Session begins to pick up steam.  This will be an exciting and busy year and I encourage all of you to participate in this excellent adventure and journey that we call democracy!

Feel Free to Contact Us!

If my extremely dedicated (and very busy!) Legislator Assistant, Jody Williams, or I can be of any assistance throughout the year, please do not hesitate to contact us at 573.751.0562 or by email at jody{dot}williams{at}house{dot}mo{dot}gov or at tim{dot}jones{at}house{dot}mo{dot}gov.  And if your travels find you anywhere near the Capitol, please do stop by and visit us in Room 114.  Until our next report, I remain, in your service.

Joe Smith: Mandatory Drug Testing for Welfare Recipients

It is important that we help our state's most needy citizens.  Most of these citizens are responsible, hard-working members of society, just trying to keep their heads above water.  On the contrast, there are a small number of those who take advantage of the system.  I believe in order to receive assistance from the state you must test drug-free.

This week, the House voted to pass HB1377, which requires drug testing for those applying for Temporary Assistance for Needy Families (TANF) as well as drug testing for those who are currently receiving TANF through the Department of Social Services.  Applicants and recipients who test positive for the use of an illegal substance will be referred to a treatment program for substance abuse.

If the individual completes the treatment program in a reasonable amount of time and tests negative for drug use, they can regain eligibility for welfare benefits.  However, if the individual fails to complete the program or after completing the program still continues to test positive in subsequent drug tests, the Department of Social Services can, after a departmental administrative hearing, declare the individual ineligible for TANF benefits for one year.

Many recipients have families and small children to care for, and a healthy home environment is vital for a meaningful childhood.  We hope that this bill will be signed in to law and inspire those who receive welfare and use drugs to end that abuse and turn their lives around.

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.

Brandom: Legislative Priorities This Session

Last week the Second Session of the 95^th General Assembly opened and we
are off to a busy start. This week the House and the Senate issued a list of joint priorities that will be pursued in the early weeks of this session. Some of our commitments as we continue this session include:

• Pledge that there will be no increase of taxes for Missourians
  
• Further reduce fraud and abuse in the Medicaid system
  
• Require legislative oversight for the continued spending of
  our federal stimulus dollars
  
• To urge the Governor to issue prompt income tax refunds

We will also work to support safeguarding our freedoms, protecting our families and upholding our values. We have pledged to do what we can to protect our vital constitutional freedoms and liberties. Specifically we promise to:

• Ensure greater transparency in government
  
• Oppose a bloated and expanded government
  
• Oppose the federal government takeover of our health care system
  
• Call upon congress to oppose job destroying cap-and-trade legislation
  
• Require credit agencies to withhold reporting negative information if it is caused by identity theft.

Speaker Ron Richard created the House Special Standing Committee on Government Accountability and Ethics Reform to review all the rules governing the conduct of Missouri legislators. I believe I was fortunate to have been assigned to work in a committee of this importance to help craft a bipartisan piece of legislation that will help set the new ethic standard for our state’s legislators. This is an issue that transcends party lines and speaks to the integrity of the legislative process. I know both Republicans and Democrats want our government to be transparent and accountable to the people of Missouri. I promise you that my goal and my voice in this committee will be to set in place standards that eliminate even the appearance of impropriety in the lawmaking process. Backroom dealing, lobbyist buyoffs and general corruption may be customary in Washington D.C., but these methods are incompatible with Missouri’s values and unacceptable in this state. In other news, I introduced my bill [HB1377] requiring drug testing to all welfare applicants if there is reasonable cause to suspect drug use. The bill was successfully voted out of committee this week. I will now present it to the entire House for a vote.

This week we also sent a letter to Attorney General Chris Koster urging him to join with other State’s Attorney Generals across the nation in standing against the “Nebraska Compromise.” This deal would leave Missourians to pay the bill for
Nebraska’s Medicaid expansion. We hope that Attorney General Koster will review the constitutionality and legality of this compromise as it may violate the United States Constitution.