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.
Pictured right is: Parker Golliglee. He received his Eagle Scout award at the First United Methodist Church in Excelsior Springs last Sunday. The church and local Kiwanis Club sponsor Scout Pack 309.
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