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NewsBook:  Missouri Government News for the Week of September 23, 2013

The proposal of a Medicaid expansion was shut down last session by the Republican-led legislature. But lawmakers teamed-up on Thursday to find ways to settle their differences and fix the state's Medicaid program.

The chairman, Rep. Jay Barnes, R-Jefferson City, led the packed hearing room and gave the lawmakers until Oct. 15 to work on ideas to improve the state's Medicaid program.

"There are options for states to pick and choose a Medicaid program they want," Sidney Watson, St. Louis University law professor, said. "Every state looks different so they have the ability to pick different plans."

Lawmakers looked to other states such as Arkansas, Indiana and Iowa for guidance.

The St. Louis Post-Dispatch reports former Missouri House Speaker Catherine Hanaway is considering running for governor in 2016.

Hanaway has been out of politics since 2005. President George W. Bush appointed Hanaway as a U.S. Attorney in 2005, and she served until 2009.

Hanaway's last attempt into politics was the secretary of state race in 2004, where she lost in a close race against Robin Carnahan.

The former House Speaker told the St. Louis Post-Dispatch many have asked her to run, and she is giving "a lot of consideration" to that advice.

Hanaway is the first big Republican name to confirm she's considering putting a run for governor.

The federal government released an estimate Wednesday of what Missourians will pay for health insurance in the new online marketplace, which showed Missourians have fewer options.

The Department off Health and Human Services created the report, estimating a family of four on a $50,000 a year income would pay $798 a month on average for the “second-lowest-cost silver plan.” After a federal tax credit, though, that price could drop to $282.

Thirty-five other states other than Missouri will allow the federal government to run these health insurance exchanges, but Missouri might have some of the smallest amounts of policy choices.

Missourians on average can choose between 17 qualified health plans, which is well below the national average (only including the 36 states participating) of 53 choices.

State Sen. Eric Schmitt, R-St. Louis County, said Tuesday he thinks Missouri should do everything in its power to land the global headquarters for Archer Daniels Midland Co. (ADM.)

The agribusiness giant announced Monday it will move its global headquarters out of Decatur, Illinois, and is considering multiple metropolitan areas for the move.

"Most importantly, I think right now is for us to make sure we've expressed an interest," Schmitt said.

Department of Economic Development spokeswoman Amy Susan said she doesn't know if any state official has reached out to ADM.

"As far as my knowledge, I don't know of any concrete discussions being had with this specific company," Susan said.

ADM issued a statement saying the company will not discuss the selection process, but did list some criteria it is looking for.

A bailout for failing school districts in St. Louis County won support from key Republican members of the House Education Committee.

House Budget Chair Rep. Rick Stream, R-St. Louis County, said Tuesday he feels confident his fellow lawmakers will supply state aid for the Normandy and Riverview Gardens school districts.

"I'm cautiously optimistic that we're going to pass a bill next session," Stream said. "We hope to do it early in the session, January or February, get it on the governor's desk with an emergency clause so he can sign it." 

Francis Howell School Board President Marty Hoditz said money is just a band-aid covering the real problem.

"The state of Missouri has not stepped in early enough to help provisional and unaccredited districts in the state to achieve accreditation and maintain their accreditation," Hoditz said.

Francis Howell Superintendent Pam Sloan said being one of only a few schools receiving transferring students is a burden on her school district. She said she'd only support extra funds being given to districts like Normandy and Riverview Gardens if spending was monitored.

"How do I know they're getting better with the resources we're giving them?" Sloan said. "If we're going to give them something, how are they using it? How am i getting any reassurances that the money is being used effectively?"

The 17 members of the House Education Committee were halfway through a state tour Tuesday to hear feedback on education policy.  

A staffer for House Speaker Tim Jones, R-Eureka, who left a loaded firearm in a capitol bathroom on Friday has released an apology.

According to a press release, David Evans apologized to Jones and other staffers Tuesday afternoon.

The press release said he is extremely remorseful about this unfortunate incident and willing to take full accountability for his mistake and will never allow the mistake to happen again.

According to the press release, Evans will also be enrolling in a gun safety course.

Rep. Stacey Newman, R-St. Louis, said the act was irresponsible even though the staffer didn't break any laws.

"We have a responsibility particularly as legislators particularly in a public building to be responsible," Newman said. "This incident clearly wasn't."

Capitol Police responded to a call Friday morning that a firearm was left in a public restroom. Capitol Police determined the firearm was owned legally by Evans and returned the weapon to him. The gun had one round in the chamber and six remaining in the magazine.

Capitol Police found a loaded handgun in a public restroom in the basement of the state Capitol building on Friday. According to a police report, an officer found the Kahr CM9 9mm pistol loaded with, "one round in the chamber and six rounds in the magazine." Police also discovered all of the rounds were hollow point ammunition.

The gun belonged to David Evans - a newly hired legislative assistant in Missouri House Speaker Tim Jones' office. Jones, R-Eureka, did not return calls for a comment Monday. Evans has a valid conceal carry permit for the weapon and police gave it back to him after he was "able to identify the weapon by brand, caliber, color, size, the holster and the ammunition count and type that was in the weapon."

Rep. Stacey Newman, D-St. Louis, said Jones should should issue a public apology and reprimand Evans.

"We have a responsibility, particularly, as legislators, particularly in a public building, to be responsible, and this incident clearly wasn't," Newman said.

No charges are expected to be filed in the incident. Evans left the gun in the restroom on a Friday morning when the legislature was not in session. Had lawmakers been in session, there would have been heavy traffic in the building and the restroom.

"I think we might have been looking at a different scenario," said House Minority Leader Jacob Hummel, D-St. Louis. "Thank goodness no one was hurt in the incident."

Hummel called it "careless" and said he wonders if Evans got his conceal carry permit in the state of Missouri or somewhere else.

Representative Funderburk announced plans to work on a new Second Amendment Bill with the help of Senate Leader Dempsey, Majority Floor Leader Richard and Senator Nieves.

Funderburk sponsored the first bill and says he was confident the veto would be overridden.

"The majority of members of the Missouri Legislature support the underlying concepts of the bill. Now we have to find out where those few concerns are and get those addressed in a new bill."

Funderburk says they have not addressed any specific changes that will be made in the new draft, but work on the bill will start soon.

MO HealthNet waited nearly 2 months to notify over 20,000 individuals that their personal information may have been mailed to an incorrect address.

MO HealthNet issued a press release September 23 about a computer system error that was discovered on July 25.

Personal information may have been mailed to incorrect addresses by Infocrossing Inc. between December 21, 2009 and June 7, 2013.

While 1,347 individuals were notified on August 5, MO HealthNet waited until today to notify the additional 25,461 people.

They say the type of information potentially released does not include any medical or financial information.

MO HealthNet says they have corrected the computer error.

Rebecca Woelfel who issued the press release was unavailable for comment.

The Missouri Conservation Department asks hunters who notice fewer deer this season to let the deer population recover.

MDC Resource Scientist Emily Flinn recommended hunters watch for effects of the "most widespread and intense outbreak documented in Missouri," according to the MDC deer status report.

Flinn said every county in Missouri recorded suspected cases of the disease last year-- this season will begin revealing full deer population impact.

“I would recommend not harvesting as many doe if you're still seeing fewer deer,” Flinn said. “Doe are the means for the population to grow."

Flinn said the population has already resisted the disease this year, partially because of the cooler weather.

The full effects will be fully expressed in two to three years, according to the MDC report.

She said there are currently a few hundred recorded cases of HD this year, compared to the 3,000 cases filed this time one year ago.

Last Week

On Friday, some of the 15 Republicans who voted against overriding Gov. Jay Nixon's veto of the tax cut bill will meet in Ozark to discuss their path forward.

Rep. Lyndall Fraker, R-Marshfield, struck a hopeful tone when asked about his expectations about Friday's meeting.

"I think we're going to stand in unity with our caucus and come up with a plan to make the [income tax cut] bill a better bill for next year," Fraker said.

Rep. Don Phillips, R-Kimberling City, outlined what he wants to see in the next tax cut bill.

"I'd like to see something that has clarity in it, for one thing, not real cumbersome, something that's a little more broad-spread," Phillips said.

Rep. Nate Walker, R-Kirksville, explained what some of the 15 members hope to accomplish.

"We're trying to make sure that we give good, solid input to the majority caucus so that they will bring forth good legislation in the future to address tax reform and tax cuts and various other issues that we may discuss," Walker said.

The meeting will take place at the corporate office of Rep. Lynn Morris in Ozark, Mo. Morris criticized Speaker Tim Jones and issued a warning to him.

"For me, unless I get a personal apology and a handwritten statement to the media, I will not be able to forgive the Speaker at this time," Morris wrote in the memo inviting members to the meeting.

A leading Republican lawmaker said that Governor Jay Nixon's decision to invest $400,000 in a Jefferson City child care center isn't the best way to fund early childhood education.

"Any money that he individually chooses to bestow upon someone may not be in the best interest of the entire state," Mike Lair, R-Chillicothe said. "To pick and choose winners and losers in this case in education funding is in my opinion counterproductive."

Lair, who is the chairman of the House Education Appropriations Committee, wants a comprehensive approach to fund early childhood education rather than individual grants.

The money was awarded to the Jefferson City Child Care Center as a part of the Missouri Smart Start program under the Department of Economic Development.

Four years after the 2009 auto bailout, President Barack Obama will visit a Ford plant in Liberty on Friday.

Obama will be joined by Sen. Claire McCaskill and Gov. Jay Nixon.

The automotive plant Obama will visit produces parts that go into Ford's F-150 truck, according to the St. Louis Post-Dispatch.

This is Obama's second visit to Missouri in nearly three months. On July 24, he spoke to students at the University of Central Missouri about the affordability of a college education.

In a state where gay marriage is banned, the Missouri National Guard is providing benefits to same-sex spouses of military members.

The National Guard is following guidance from the U.S. Department of Defense. The DOD announced last month that same-sex couples are eligible to apply for the same identification cards and benefits that opposite-sex spouses receive as of Sept. 3, 2013.

The announcement is a response to the U.S. Supreme Court's decision in June on the constitutionality of the Defense of Marriage Act.

First Lieutenant John Quin, a spokesperson for the Guard, said Missouri's national guard has currently issued IDs and benefits for one same-sex couple.

"If you have a valid marriage certificate and you bring it to an ID center, then you can get your ID card the same as anybody else," Quin said.

The governors of Oklahoma, Texas, Mississippi and Louisiana have directed the National Guard in their states to refuse to process requests for military benefits for same-sex couples. All four states have gay-marriage bans.

Rep. Jay Swearingen, D-Kansas City, plans to run for Missouri state auditor.

On the Facebook page titled Rep. Jay Swearingen for State Auditor, Swearingen said “Missouri deserves a tough, tenacious auditor who puts people before politics.”

He told the Associated Press he decided to enter the race just before last week’s veto session.

Swearingen called the position of Missouri auditor “the best job in politics” on his Facebook page.

No other Democrats have publicly expressed interested in running for state auditor. Republican Auditor Tom Schweich is completing his first term and told the Associated Press he looks forward to a spirited debate.

The position will be the only statewide official on the ballot in the November 2014 election.

He plans an official campaign announcement for October.

If you’re looking to lead a long healthy life, you may be better off moving Venezuela than to St. Louis.

A report by the Missouri Hospital Association (MHA) said the life expectancy for St. Louis areas and southeastern Missouri is now less than in Third World countries. Once ranked 24th in statewide health, Missouri dropped to the bottom 10 in the past two decades.

MHA pushed to expand Medicaid eligibility, to which spokesperson Dave Dillon attributed the poor ranking. A U.S. Census Bureau report in 2011 found that 16 percent of Missourians over 65 were uninsured.

"Missouri’s hospital emergency departments care for one uninsured individual every minute of every day," Dillon said. "We can change these numbers."

The report said these individuals delay healthcare for insured Missourians every day.

Dillon said individuals with health insurance are more likely to seek preventative health care sources, like immunizations. Missouri had the fourth lowest immunization rate, third highest incidence of heart attack and lowest cigarette tax in the nation-- all which factored in the association's health ranking.

 

Sen. Kurt Schaefer, R-Columbia

Senate Appropriations chair Kurt Schaefer, R-Columbia, announced Wednesday he will run for Missouri Attorney General in 2016.

He made his announcement on a conservative talk show on St. Louis radio station, KFTK.

Last week House Speaker Tim Jones, R-Eureka, confirmed his intent to run for attorney general in 2016 as well, but has yet to make an official announcement.

In a statement from his campaign, Schaefer cited his experience.

 "Missourians need an attorney general with experience putting violent criminals behind bars. From our county courthouses to the Missouri Supreme Court, I've prosecuted some of Missouri's most dangerous criminals and fought to protect the rights of victims," Schaefer said in the statement.

Schaefer is serving his second term in the state Senate.

When asked what he thought about Schaefer's announcement, Jones said he had not given it much thought and was focusing on next year.

"Right now I am primarily and first and foremost focused on leading the general assembly over the next year and a half and I will speak for the Missouri House against what has unfortunately become the very liberal agenda of Governor Jay Nixon," said Jones.

 

Attorneys for the Doe Run Lead Company confirmed Tuesday they settled several lawsuits alleging children suffered health problems after being exposed to lead contamination.

A confidentiality agreement does not allow attorneys for the plaintiffs or Doe Run to disclose the settlement terms, but the cases were resolved less than a week after the company won a stronger legal protection from Missouri lawmakers.

Maurice Graham, the attorney for the plaintiffs, told the Associated Press the cases were resolved last Friday, two days after legislators overrode Gov. Jay Nixon's veto of House Bill 650.

The new law will ban any punitive damages related to mining locations that stopped operating before 1975. The owners must make good faith efforts to clean up these mines, and if not, the damages are capped at $2.5 million.

The Doe Run Co. lobbied heavily to secure the override to ensure it wouldn't be forced out of business by a multi-million dollar potential jury award. The company employs about 1,600 people in eastern Missouri.

Nixon said the bill violates the state's constitution because it limits court judgments and creates a special law that only benefits particular defendants.

The lawsuits alleged that children had been exposed to materials from old lead mining operations, and the damaging levels of lead and other toxic substances caused both physical and psychological problems.

Graham told the Associated Press there are still 16 pending claims, but no trial date has been set.

The Associated Press reports a Missouri House Republican who did not vote to override the governor's veto of a tax cut bill sent an e-mail criticizing House Speaker Tim Jones, R-Eureka.

Rep. Nate Walker, R-Kirksville, wrote to fellow Republicans who opposed the override telling them they were of the highest integrity, which is "something I can NOT say for our Speaker Tim Jones. What a disgrace he has become."

Walker told the Associated Press Tuesday the email was not intended for the public to see. Walker said he would be willing to apologize is Jones sees it fit.

On Tuesday Jones told the Associated Press, "Nate is a member of our caucus, and I look forward to working with him next year to pass legislation that will improve the lives of all Missourians."

The Republican-led House failed to override Gov. Jay Nixon's veto of the tax cut bill, 94-67. Fifteen Republicans and 52 Democrats voted against the override.

The Missouri Department of Elementary and Secondary Education (DESE) called on lawmakers Tuesday to dish out $6.8 million to the Normandy School District.

Students in the unaccredited Normandy District are allowed to attend schools in other, accredited districts, and the cost falls on Normandy. DESE spokeswoman Sara Potter said paying tuition for 1000 students is a large factor in Normandy's struggles.

"They pay for 25 percent of students in their districts to go to other schools, and they still have 75 percent of their own students to educate after that," Potter said.

The Normandy District declined an interview but did release a statement.

"We are currently reviewing the impact of this decision on the district's funding from the state."

DESE projections predict the Normandy District will dissolve by March if it does not receive additional funding.

A transportation department official said Tuesday that Missourians will have to take the lead themselves if they want to fix the state's crumbling road system.

Bob Brendel, a spokesman for the Missouri Department of Transportation, or MoDOT, said the department supports a sales tax increase rather than new toll roads and toll bridges.

Similar proposals have made their way to the state's legislature but lawmakers failed to come to an agreement.

Missourians for Safe Transportation and New Jobs took the first steps Monday to put the tax on a general election ballot. First it must go through a lengthy ballot initiative process and gather enough signatures from voters.

"Missouri sits at the crossroads in this country," the group wrote on its website. "Businesses will also be more willing to locate in Missouri if we have a modern and reliable transportation system."

Food banks across the state warn that national cuts to food stamp programs could leave millions of Missourians hungry.

The U.S. House is scheduled to debate Wednesday its version of the Supplemental Nutrition Assistance Program. The bill would cut $40 billion from food stamp funding over the next 10 years.

Missouri Food Bank Association Director Scott Baker said Tuesday that Missouri food banks and pantries won't be able to replace millions of meals that would be lost through the cuts.

"As it is, we're having to supply millions of meals a year to those in need," Baker said. "To have to basically double that or more because of these cuts, you're talking about a significant task that the non-profit sector is not prepared to handle at this stage."

Supporters of the bill argue it would help fix long histories of abuse within the food stamp system. The U.S. House is expected to debate the measure this week.

Beginning Oct. 1, Missourians will purchase insurance through the federal government's Health Insurance Exchange.

The exchange is designed to help Missourians find the insurance coverage that meets their needs and fits their budget.

In order to help Missourians with potential exchange problems the federal government has hired system "navigators".

The navigators are health care counselors, trained on the exchange and the policies available through it.

The Missouri Department of Insurance requires navigators to be licensed by the state and to comply with the navigator policies set forth by the Department.

Two Missouri laws limit lawsuits over lead contamination and restrict uninsured drivers' lawsuits against insured drivers. They were both overridden during the veto session.

The Trial Attorney's Association says these laws attack constitutional rights.

Deputy Director Sharon Jones said there are currently no concrete plans set to challenge the laws, but that they are currently looking for ways to challenge these laws. Jones thinks the laws may be challenged soon.

"In the Doe Run case, because of their behavior and some of the things that we have seen documented by both the EPA and their own internal documents, I think it's likely that there will be a punitive damages award and that will be challenged,"  Jones said.