May 21, 2013

Legislature moves to reign in big buys by Highway Patrol

The state legislature wants the state Highway Patrol to have to get its blessing before it makes any more big vehicle purchases.

Representative Diane Franklin (photo courtesy; Missouri House Communications)

Representative Diane Franklin (photo courtesy; Missouri House Communications)

The Patrol has a fund controlled by its superintendent that it can use to purchase cars, boats and planes. It used that fund in December to purchase a $5.6-million plane that Republicans suggest the Governor Jay Nixon told it to buy.

The General Assembly has sent the Governor a bill (SB 236) that would require the Patrol to get legislative approval to make purchases of any one vehicle that costs more than $100,000.

The House handler of the bill, Representative Diane Franklin (R-Camdenton) says it’s about fiscal responsibility.

“We want to be sure that we can demonstrate to the taxpayer of Missouri how money in excess of $100,000 is being spent.”

Representative Mike Colona (D-St. Louis City) says the legislation is about House Republicans disapproving of the purchase of that plane.

“We have a history this legislative session of throwing temper tantrums. We’re only going to find the [Department of Revenue Division of Motor Vehicles] for eight months because we’re throwing a temper tantrum. We don’t like what’s going on. We don’t like the fact that the Highway Patrol bought a plane … so we’re going to throw a temper tantrum and say, ‘No, no, no! You’re going to ask me before you spend any money, dang it.’”

The Patrol testified to a House Committee that it had no objection to the change.

The bill also requires that the Patrol pay for maintenance out of that fund rather than just purchases.

The proposal has gone to the Governor.

Senator: ATF also wanted Missouri concealed carry holder information

The Senate Appropriations Committee Chairman says he’s learned that the Bureau of Alcohol, Tobacco and Firearms also wanted a list of Missouri concealed carry permit holders’ names, Social Security numbers and dates of birth.

State Senator Kurt Schaefer (right) announces the latest findings in his probe into the release of Missouri CCW holders' information, joined by Lieutenant Governor Peter Kinder (left).

State Senator Kurt Schaefer (right) announces the latest findings in his probe into the release of Missouri CCW holders’ information, joined by Lieutenant Governor Peter Kinder (left).

Senator Kurt Schaefer (R-Columbia) says according to an internal e-mail from the Highway Patrol, when the Social Security Administration requested a list of Missouri concealed carry permit holders, it said it was to conduct a joint investigation with the ATF.

See the internal e-mails Schaefer refers to (pdf).

A list was sent to the Social Security Administration but Schaefer doesn’t know if one went to the Bureau

“All I know at this point is it appears from the internal documents that the Department of Revenue, before they produced the information, knew that it was a joint request from both.”

Schaefer says, that the Revenue Department and Highway Patrol knew the ATF wanted the list is what concerns him the most.

“We’ve had a couple weeks’ worth of hearings and we have heard nothing about ATF, anyone knowing that this was going to ATF, until we actually came across it in the documents.”

The letter Schaefer is referring to on Monday was read to the House Committee on Government Oversight and Accountability by Highway Patrol Superintendent, Colonel Ron Replogle. Replogle did not state whether information was sent to the ATF.

Asked whether it is appropriate for the Bureau or the Social Security Administration, both law enforcement agencies, to have access to that information, Schaefer says it might be on an individual basis. He says to use the entire list of more than 160,000 Missourians who have CCWs is profiling.

A request has been made to have a Social Security Administration investigator testify to the Senate Appropriations Committee, and the Senator says he plans to make a similar request to the ATF to find out if it received the CCW list.

Schaefer says the documents also reveal that the second disc sent to the Social Security Administration was not encrypted, as lawmakers have been told.

“Apparently it was just on an XL protected, password protected file, and the actual password was on a piece of paper in the package with the discs.”

That password was “MOccw.”

The development has caught the attention of Congressman Blaine Luetkemeyer. In a statement, his office says Luetkemeyer has sent a letter to the ATF asking about how involved it was in what he calls a “scandal.”

See Congressman Luetkemeyer’s letter to acting ATF Director B. Todd Jones.

Social Security Inspector General apologizes to U.S. Rep. Luetkemeyer for ‘sloppiness’

The Inspector General of the Social Security Administration has apologized to Congressman Blaine Luetkemeyer for the release of inaccurate information in relation to the Highway Patrol sharing a list of Missouri concealed carry permit holders with his office.

Congressman Blaine Luetkemeyer (R-St. Elizabeth) fields questions from the media about the sharing of concealed carry information with the Social Security Administration.

Congressman Blaine Luetkemeyer (R-St. Elizabeth) fields questions from the media about the sharing of concealed carry information with the Social Security Administration.

In a phone call, Patrick O’Carroll, Junior referred to his agency’s actions as “sloppiness.” It initially told Luetkemeyer and the St. Louis Post-Dispatch that one of the discs with that list on it was accessible, before reversing itself on Monday and saying it could use neither disc.

O’Carroll agreed to meet in-person with Luetkemeyer Thursday morning.

Luetkemeyer issued a statement yesterday saying he was “furious” about the release of false information by the Administration.

Sunshine law proposal turns into forum on purchase of new plane by Highway Patrol

Debate in the House over legislation to extend exemptions to the state’s open records law on Tuesday turned into a discussion of the recent purchase of a new plane by the Highway Patrol, and the use of the patrol’s air fleet.

Representative Caleb Jones sponsored the original proposal, to extend certain exemptions to the state Sunshine Law.

Representative Caleb Jones sponsored the original proposal, to extend certain exemptions to the state Sunshine Law.  (Photo courtesy; Tim Bommel, Missouri House Communciations)

The proposal, HBs 256, 33 and 305 would extend exemptions to what is commonly called the “Sunshine Law” for plans and policies for response to terror incidents or other emergencies by law enforcement, public safety officials, first responders and public health officials.

That includes school evacuation plans, which the sponsor, Representative Caleb Jones (R-California) was particularly concerned about.

“There have been seven requests for evacuation plans in schools here in Missouri. I think that should concern everybody in here, that people are trying to find the evacuation plans in schools here in Missouri potentially to do harm to them.”

An amendment offered by Representative Denny Hoskins (R-Warrensburg) was adopted that would make flights and requests for flights on state Highway Patrol planes public record. That amendment was changed to make that information available only after flights have occurred. It passed with 16 Democrat “yes” votes.

Representative Jeff Roorda (D-Barnhart) objected to the change.

He asked Jones, “Does it concern you at all that we’re taking the opportunity for a bipartisan piece of legislation that extends a very important sunset on school security and security in other public buildings and we’re turning it into a ‘pull the governor’s pants down’ bill?”

See our earlier story on the House Budget Committee discussion of the plane purchase.

Representative Mark Parkinson (R-St. Charles) offered an amendment that would have allowed use of highway patrol aircraft only by the Department of Public Safety. Representative Chris Kelly (D-Columbia) said that would have interfered with the work of several state agencies who use patrol planes.

“Look, I understand wanting to harass the governor about the plane. The governor abuses the plane, every governor in my 7 or 8 governors abuses the plane … every governor in the future will abuse the plane, but why screw up the entire government?”

Representative Kevin Engler (R-Farmington) didn’t want to take away the power of the governor to use a state plane.

“The only time that a governor, any governor, whether it was Bond, Ashcroft, Blunt, Carnahan that comes to Farmington, they use the airport there because they fly in with the state patrol rather than take the drive in … I would prefer to have the governor in town every once in a while.”

Parkinson withdrew the amendment, saying there wasn’t support for his proposal in the chamber.

“A lot of members in this body don’t have the stomach … to hold the executive on the second floor in this building accountable for his abuse of the budget process.”

Other amendments to the bill were to make public any footage from cameras outside the governor’s office in the capitol building and to exempt records that identify security systems or their access codes.

The legislation needs another favorable vote to advance to the Senate.

Winter storm closes I-29 and causes other traffic hazards

The Missouri Department of Transportation says I-29 in northwest Missouri will remain closed through this afternoon.

Click on the link to go to MODOT’s traveler information map.

The interstate is closed from St. Joseph north to the Iowa border. Transportation Department Maintenance Engineer Tim Chojnacki says the conditions forced plow drivers to stop operations during the overnight.

“Snow has moved out. We’re still seeing some blowing of snow, but we are treating (the highway) now. I don’t have an exact time but I would think sometime this afternoon we could get that reopen.”

On I-29 and in other locations, highways have been closed this morning due to traffic accidents. Chojnacki says once a scene is cleared it can take a while for plows to get the road opened again.

Highway Patrol Captain Tim Hull says those accidents were likely related to the weather.

“They may not have started off weather-related … might have just been a vehicle sliding off the roadway or getting stuck on the roadway and then a crash happening behind them … but a lot of that’s due to being weather-related. There’s a lot of areas where tractor-trailer trucks have become stuck and therefore the roadway is blocked and that was the reason that they closed I-29 down earlier this morning.”

Some motorists became stranded along I-29 by the storm and Hull says troopers are out looking for them and offering assistance. The American Red Cross has also opened some warming centers for stranded motorists and those who have lost power.

“For instance in St. Joseph the Ramada in there at I-29, the First Christian Church in Mound City is the whole county one and the United Methodist Church in Atchison County there in Rockport is the shelter for those people who are stranded and need some place temporary to go to until the highway gets cleared off.”

Chojnacki says most of the roads in north Missouri are covered by some combination of snow, slush and perhaps ice, and the wind is exacerbating that.

“Once the precipitation stops you may still see covered roads for a while until the winds die down and we can be comfortable that those roads will stay mostly clear.”

Both the Transportation Department and the Patrol are urging motorists in northwest Missouri not to get out unless absolutely necessary.

Chojnacki says, “The travel is extremely dangerous. Not just the snow but the blowing wind is creating visibility problems and making it very hazardous to drive. If you do not have to go anywhere, stay home, let us get the roads opened up and things will be better this evening and tomorrow morning.

The Transportation Department is updating its traveler information map with closings and other information, and the Patrol offers its emergency phone numbers for people needing assistance, at (800) 525-5555 or *55 from a cellular phone.