June 20, 2013

Lawmakers discuss status of bullying issue

Legislative attempts to set in state statute how school districts should define and deal with bullying have come and gone for another session without a bill being passed.

Representative Mike Colona (left) talks to Representative Sue Allen (right), whom he praises for her work on the bullying issue, saying it is a real issue for her and not politics.  (photo courtesy; Tim Bommel, Missouri House Communications)

Representative Mike Colona (left) talks to Representative Sue Allen (right), whom he praises for her work on the bullying issue, saying it is a real issue for her and not politics. (photo courtesy; Tim Bommel, Missouri House Communications)

The key dividing issue remains whether to allow schools to enumerate, or to list groups of individuals that are protected from bullying based on things like sexual orientation, race or religion. Several versions of the bill would preserve current statute that disallows such lists of protected classes.

Democrats maintain that such lists are necessary to deal with issues that vary from district to district across the state. Republicans say enumeration would give preference to certain groups and argue that current statutes protects all students equally.

Representative Mike Colona (D-St. Louis City) says in the final days of the session there was agreement reached between the two sides on letting local school districts decide whether to enumerate. He says that would be a good compromise.

“Every school district’s unique … as to their geographic location and, in essence, their constituencies. The folks that go to school in the City of St. Louis is a different constituency than the folks that go to school in Ladue, than the folks that go to school in Springfield, than the folks that go to school in Liberty. The issues are different.”

Sponsor of bullying legislation Representative Sue Allen (R-Town and Country) says she suspects the only

reason some of her fellow House Republicans were willing to vote for a bill that would let local school districts choose whether to enumerate was because they expected enumeration to be rejected in the Senate.

“I think the fact that we passed it in the House may be a bit deceptive.”

Senator Ed Emery (R-Lamar) confirms there is still division in the Senate, saying he will block any bill that allows enumeration.

“The identification of special groups by local school districts is not allowed is the language that is currently in statute and I am in favor of leaving that language in statute.”

Senator Jolie Justus (D-Kansas City) on the other hand says she will block any bullying bill that does not allow enumeration. She says leaving that up to local control is the right approach.

“I think it makes no sense to pass a state law that says a specific school district can address a specific issue, and it’s not just a gay and lesbian issue. It’s the disability issue, it’s poverty. It’s all sorts of different things.”

Allen says in days after the session ended she was ready to give up on the issue, calling it a “lose-lose” situation. Now she says she’s contemplating a different approach in 2014.

“Maybe next year, just look at the definition of bullying and cyberbullying and make it short and sweet, and not make it as all-encompassing as what we had, but try to come up with a way that everybody is going to see what is really important here. In my opinion it’s a safer school environment for all kids.”

Allen says if she can pass a simpler bill in 2014, she might try for the broader legislation if she is back in the legislature in the 2015-16 term.

Lawmakers’ discussion of Medicaid could carry into legislative break

Representative Jay Barnes speaks on the House floor on SB 125 while it's Senate sponsor, Senator Jamilah Nasheed, looks on.  Barnes handled her bill in the House.  (photo courtesy; Tim Bommel, Missouri House Communications)

Representative Jay Barnes (foreground, on mic) and Senator  Jamilah Nasheed carried proposals for a joint interim committee on Medicaid reform in their respective chambers.  (photo courtesy; Tim Bommel, Missouri House Communications)

The discussion of the future of Medicaid in Missouri has likely not ended with the close of the legislative session. The General Assembly has approved legislation that would create at House-Senate Committee to study Medicaid reform in the interim.

The idea was proposed in the House by Representative Jay Barnes (R-Jefferson City), who told his fellows, “It’s now my hope that we can form a joint interim committee to work together with leaders on this issue from the Missouri Senate. I think that there’s an interest in there in exploring paths forward.”

The proposal was carried in the Senate by Senator Jamilah Nasheed (D-St. Louis), who criticized Republicans as opposing Medicaid expansion out of “hatred for President Obama.” She called the idea of an interim committee a “light at the end of the tunnel.”

She says, “Hopefully we can get this past the finish line next year.”

House Minority Leader Jake Hummel (D-St. Louis) says his caucus will participate in that committee, but says the Republican majority already knows what needs to be done.

“I think that’s just a way for them to kick the ball down the field. They’re just going to try and push it off ’til next session, but Missouri can’t wait for next session. We absolutely failed … it was the single most important issue of this session.”

The interim committee proposal was passed out of the legislature on Friday before the end of the session. Governor Jay Nixon (D) must now decide how to act on it.

Legislature passes bills meant to fill in budget gaps for children, blind

The legislature and the Governor blame one another for a situation that left the state budget in need of additional legislative action to balance it. On Friday the legislature passed two bills meant to be the final step.

Representative Rick Stream (photo courtesy; Tim Bommel, Missouri House Communications)

House Budget Committee Chairman Rick Stream (at the Mic) explains the provision in HB 986 meant to round out the legislature’s proposed FY 2014 budget. (photo courtesy; Tim Bommel, Missouri House Communications)

Each of those bills includes a provision to create the Missouri Senior Services Protection Fund. That fund would receive $55.1 million from General Revenue, which is coming in to the state coffers ahead of projections, and use it to support four programs. Those are First Steps, a program for children with developmental disabilities, health care for the blind, medical clinics that treat low-income patients and special initiatives for early childhood.

Those programs were to have been funded by the repeal of a tax credit for low-income seniors living in rental housing, the passage of which Governor Jay Nixon and the House and Senate all built into their budget proposals. However, after the House had approved its budget plan and while the Senate was debating its plan, Nixon said he would veto that bill if it was not passed as part of a larger tax credit reform package. It was passed as a stand-alone and Nixon did veto it.

The two bills passed by the legislature on Friday are now awaiting the Governor’s action.

One of them, HB 116, would one would allow second-class counties to be audited by the State Auditor at any time and specifies those counties must cover the expense of those audits. It would also have details about budget cuts made by a governor and local bond issuances be posted on a state website.

The second, HB 986, would create an interim committee to study Medicaid expansion and reform in Missouri, and would extend the Ticket to Work program’s expiration date. That program provides Medicaid coverage to disabled individuals who want to work but risk losing government health care by earning too much.

Lawmakers: ‘Right to farm’ proposal not likely to pass

House and Senate lawmakers have met to debate what language should go in Missouri’s Constitution to guarantee a right to farm, but some say the issue is not likely to pass this session.

The Senate version of the proposal includes language to protect the power of political subdivisions to regulate farming, such as through a county health ordinance. The conference committee voted to omit that.

Rep. Jason Smith (R-Salem) says that language would create two constitutional rights.

“The right to farm and also the right of political subdivisions to conflict with the Constitution,” he says, “and I think that’s a big problem.”

Rep. Linda Black (D-Desloge) says leaving that language in would create a greater threat to farming.

“Then they could do a more narrowly defined effort on a local level, because if you have a drive in each county to put something on a local ballot you could actually kill the right to farm on an individual county-by-county basis … and we see that there may be an effort out there to do that.”

Sen. Jolie Justus (D-Kansas City) says without that language in there, several members of her caucus have said they will vote to kill the bill. She and Black agree the issue is likely dead for the session.

Justus says the real way to prevent future challenges to farming is to change the initiative petition process, something she hopes can be accomplished next year.

“We need to strike a balance between citizens being able to petition their government and also realizing that right now the system is set up so that wealthy individuals and organizations can put things on the ballot very easily in this state,” Justus says. “It’s an end run around the legislature and I don’t think it’s what direct democracy should be about.”

The proposals are HJRs 11 and 7.

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.