Mike Lear – Page 52 – Missouri House of Representatives Newsroom

House asks Senate to come to the table on proposed prescription drug monitoring program

The state House has asked the Senate to debate the changes it made to the House’s proposed prescription drug monitoring program (PDMP).

Representative Holly Rehder (photo; Tim Bommel, Missouri House Communications)

A PDMP aims to fight the abuse of prescription drugs by entering into a database information on people’s prescriptions to see who is getting large numbers of drugs that can be abused. Backers say the program will help identify abusers and cut back on “doctor shopping,” or going to multiple doctors to get multiple prescriptions for drugs.

The House passed House Bill 90 earlier this month that would require pharmacists to report to the database in real time by 2020, require the Department of Health and Senior Services to notify law enforcement if it believes any law or professional standard has been broken, and keep submitted prescription information confidential except when there has been a breach.

The Senate proposed several changes to the House plan. It would require that information only be kept on the database for 180 days; limit the database to opioids and benzodiazepines (the House proposed including all schedule II, III, and IV drugs); and mandate that doctors check the database before writing prescriptions for specified drugs.

The sponsor of HB 90, Sikeston Republican Holly Rehder, has been pushing for passage of a PDMP for years, driven in part by how drug abuse has affected her family. She opposes some of those proposed changes and wants to see if the House and Senate can work out differences.

She said those in the medical field she has talked to say the database won’t be effective if information is only kept on it for 180 days. They want it to be on there for at least two years.

“Typically when you’re looking at addiction, your first two years you have more relapses,” Rehder explained. “Once you get past that two-year mark you’re doing pretty good.”

Rehder said limiting a PDMP to opioids and benzodiazepines wouldn’t go far enough.

“Ritalin – Adderall is one of the highest drugs of misuse and abuse, so we need to be sure that we have all schedule II through IV (drugs) in my opinion,” said Rehder.

Rehder said she would not fight the change that requires doctors to check the database before writing a prescription.

Representative Justin Hill (photo; Tim Bommel, Missouri House Communications)

The Senate also proposed letting the legislature decide after six years whether to continue the PDMP, and requiring training for database users.

Lake St. Louis Republican Justin Hill opposes Rehder’s proposal and urged the body to deny her motion. He said if Missouri is going to have a PDMP it should include the 180-day provision.

“I hope we keep the 180-days in because if we’re talking about addiction and pill shopping, then let’s try it. Let’s see if it works with 180-days,” said Hill.

Hill would rather Missouri not have a PDMP. He argues they haven’t worked in other states except to push more people from abusing prescription drugs to heroin.

“49 other states admit that this doesn’t work,” Hill told Rehder.

“No, no, tell me a state that admits it. You can’t just throw things out like that on the House floor and not have anything to back you up,” Rehder responded.

The House passed Rehder’s motion to seek a conference with the Senate, and now awaits the Senate’s answer. Fewer than four weeks remain in the legislative session for lawmakers to attempt to reach a compromise.

Veterans Committee chair: the path is clear on addressing veterans awaiting long-term care

State lawmakers now have information from the federal government that could make clear the path forward on creating more places for veterans on a waiting list to get into the state’s veterans homes.

Representative Charlie Davis (photo; Tim Bommel, Missouri House Communications)

That waiting list has around 1800 veterans on it; about one-third of those have an immediate need for care. Legislators and state officials have in recent years considered building another state veterans home, replacing and/or expanding an existing home, or looking for options to get veterans into existing nursing homes closer to their own homes and families.

Missouri exceeds the number of veterans home beds it is allowed by the federal government before it will no longer reimburse the state for adding more. This has largely halted efforts that included attempts to pass a bond issue in the legislature to pay for a new home, at a cost now estimated to be around $60-million.

Webb City Republican Charlie Davis, in an e-mail last week to House members and staff, said the state Veterans Commission recently met with the Veterans Association about Missouri’s options for adding bed space. He said the VA confirmed it would not support the building of a new home. It would cover part of the cost to replace a home.

Davis said if a home will be replaced, it will be the home at Mexico.

“It is one of our oldest homes. It is one that is absolutely in need of some renovation and possibly so much renovation that it would cost quite a bit to actually take care of what needs to be done,” said Davis.

A new home to replace the one at Mexico would have about 50 additional beds.

To further address the state’s waiting list, Davis said the state could utilize existing space at nursing homes throughout Missouri. The difference is that veterans don’t have to liquidate their assets to enter a veterans home, whereas a person benefitting from Medicaid support to go into a nursing home must spend down their assets to get below the income threshold for assistance.

Davis wants to seek a waiver from the federal government so that federal dollars coming to Missouri could be used for part of the cost of care for veterans in nursing homes. The remainder of that cost would come from state aid and individual veterans’ own money.

“We do have some beds in all of our facilities across the state of Missouri, that would love to take care of our veterans, honor them, and do a fantastic job,” said Davis.

With the deadline to file new legislation for this year passed and four weeks left in the legislative session, Davis said it could be next year before the legislature can consider seeking the necessary federal waiver.

Davis, who is the chairman of the House Veterans Committee, said he is anxious to see action taken to provide homes and care for those who fought for the country.

“But the compassion, the love that we have, the honor that we have for veterans has to be met with the ability to fund it. If we do not have the ability to fund it then we absolutely cannot do it,” said Davis.

Hannibal representative Lindell Shumake (R) has a resolution that would ask voters to approve $63-million in bonds that could go toward replacing the veterans home in Mexico. That resolution (HJR 2) has passed out of one committee and awaits a second committee’s action.

House votes to block new state park creation until current parks’ maintenance is caught up

The state House has proposed that Missouri shouldn’t create any new parks until it catches up on taking care of the ones it has.

Representative Randy Pietzman (photo; Tim Bommel, Missouri House Communications)

It’s sent House Bill 698, sponsored by Representative Randy Pietzman (R-Troy), to the Senate. That would require that before any new parks are established and before any parks are expanded by more than 10-percent in acreage, the state’s current parks should be maintained, brought up-to-date, and have all maintenance work completed.

HB 698 would allow the Department of Natural Resources to accept the donation or gift of additional land, but no work could be done to it except to address public health, safety, or welfare concerns, until the other requirements of the bill are met. It would also require the Department to report annually to the General Assembly on maintenance at state parks and historic sites.

Pietzman said the bill is about making the Department of Natural Resources more accountable and more communicative with Missouri residents. He said the state has more than $200-million in state park maintenance backed up, but in recent years the Department has created and prepared new parks while letting others stay at various levels of disrepair.

La Monte Republican Dean Dohrman said the bill would go toward supporting one of the state’s top industries: tourism.

“We want to bring people in here. We don’t want to take them out to our showcases and they be dilapidated,” said Dohrman. “We want nice, clean facilities. We want to keep those facilities, I think, to a high mark.”

Washington Republican Paul Curtman said the bill represents the type of policy the state should be using on other issues as well.

“We should not be acquiring more property for our state parks if we don’t even have the ability to actually maintain the programs that we have right now,” said Curtman. “I think if we go back home and we tell people we had an opportunity to rein in government spending and make sure we’re spending money only on things that we can actually manage, people would expect us to say that we voted for that rather than against it.”

The bill passed out of the House 85-62; only a few more votes than enough necessary for passage. Many, including some of Pietzman’s fellow Republicans, said it goes too far.

High Ridge Republican John McCaherty said he supports seeking greater accountability, but said prohibiting new parks until all maintenance is caught up is unrealistic.

“That’s never going to happen. It’s never going to be completed. It wouldn’t be completed at your house. It’s not going to be completed at my house. There’s always going to be a building that needs repair, there’s always going to be electrical work that needs to be done, there’s always going to be some project somewhere within the state of Missouri that needs to be done,” said McCaherty.

McCaherty said the bill would tie the hands of the new administration of Governor Eric Greitens (R) in response to lawmakers’ perception of mismanagement that occurred under Greitens’ predecessor.

Representative David Wood (R-Versailles) is concerned the bill would interfere with a project to add 144-miles of the former Rock Island Railroad to the state’s trail system. He said the bill’s prohibitions would not block the state from taking that property in an anticipated donation from Ameren, but it would prevent the state from putting fencing along it.

“If we can’t spend the money, the gates for the crossings, the signs for the crossings to keep people off of the trail, the way to keep the cattle and the sheep, the livestock in place will not be put in unless it’s done at the property owner’s expense,” said Wood.

He is also concerned that without supervision of the newly-donated land, people will trespass on it.

HB 698 has gone to the Senate with four weeks left in the legislative session.

House votes to send proposed ridesharing company regulations to Governor Greitens

The state House has voted to send Governor Eric Greitens (R) a bill to regulate ride sharing companies like Uber and Lyft.

Representative Kirk Mathews (photo; Tim Bommel, Missouri House Communications)

Representatives voted 144-7 to endorse House Bill 130, sponsored by Pacific Republican Kirk Mathews. He told lawmakers such companies could mean thousands of jobs in Missouri, but those companies might leave the state if his bill failed.

“There’s enormous demand for these services in our state,” said Mathews. “The economic driver that this can be for our state, not just in the way that there will be thousands of new small businesses, but keeping Missouri competitive to compete on the national stage for high-tech businesses.”

The bill would require such companies, which let customers use apps to connect them to drivers offering rides, to pay a $5,000 licensing fee and conduct driver background checks and vehicle inspections. It would also exempt companies from local taxes and bar the hiring of drivers guilty of certain offenses.

The bill had broad bipartisan support, including from St. Louis Democrat Karla May, who had filed her own rideshare legislation.

“I just want to tell you congratulations and I’m excited,” May said to Mathews. “I can’t wait to see these jobs come into fruition.”

HB 130 advanced in part because of a compromise with Kansas City and St. Louis, who wanted criminal background checks of rideshare drivers including fingerprinting. Under the compromise, rideshare companies will perform checks on drivers and Kansas City and St. Louis can audit those records twice a year.

It is now up to Governor Greitens whether to sign HB 130 into law, veto it, or allow it to become law without his action. If it becomes law it will take effect on August 28.

House passes bill meant to let Missouri farmers grow hemp

The state House wants to give Missouri farmers a chance to enter a new market. It has passed a bill that would legalize the growing of industrial hemp.

Representative Paul Curtman (photo; Tim Bommel, Missouri House Communications)

Hemp is a variety of the Cannabis sativa plant with a low concentration of THC, the psychoactive component found in marijuana. It can be used to make products including paper, clothing, and biodegradable plastics.

House Bill 170, sponsored by Washington Republican Paul Curtman, would allow the Department of Agriculture to issue a permit to growers who pass a background check, have not been found guilty of a felony in the previous ten years, and have never been convicted of a drug-related offense. The Department can also inspect growers and handlers for compliance, and inspect crops to make sure nothing illegal is being grown.

“We have manufacturers in our state who use industrial hemp as a raw material in their manufacturing goods, however because it’s illegal to grow in Missouri they have to spend Missouri dollars in the economies of other states and other countries because they can’t spend the Missouri dollars in Missouri to buy this raw material from Missouri farmers,” said Curtman.

Curtman and other supporters emphasized the bill is in no way related to attempts to legalize marijuana. He noted the concentration of THC is so low that if anyone tries to smoke it, “they’re just going to get a headache, they’re going to throw up, and they’re going to regret it for the rest of their life.”

Some representatives disagreed. Dexter Republican Tila Hubrect argued the small amounts of THC found in hemp can cause “intoxication.” She also said hemp and marijuana plants are “indistinguishable to the eye,” so allowing the farming of hemp could complicate law enforcement efforts.

Carrollton Republican Joe Don McGaugh said the federal farm bill allows the growing of hemp by universities and colleges and state agriculture departments for research, unlike what Curtman is proposing.

“I support industrial hemp. I want there to be research in industrial hemp. Why would I not? Why would we not want another market for our farmers?” McGaugh asked. “I just think we need to do it right.”

The bill had broad, bipartisan support, passing 126-26. Similar legislation has been passed out of the House in several previous years, and St. Louis City Democrat Michael Butler said he’s supported it every time.

“I am, for one, tired of voting ‘yes’ on this bill. I think it should already be law,” said Butler.

St. Louis City Democrat Bob Burns also wanted the bill to advance.

“I believe we are people with entrepreneurial spirit, and if 31 other states are doing this I don’t think we have to reinvent the wheel to create jobs right here in Missouri, and we don’t have to write every Nth degree of this law. You’re just trying to give people an opportunity to explore it legally,” said Burns.

The bill now goes to the Senate for consideration.

House passes bill to shield those seeking help for overdose victims

The state House has approved a bill that supporters hope will prevent overdose deaths.

Representative Steve Lynch (photo; Tim Bommel, Missouri House Communications)

House Bill 294 would give immunity from charges for minor possession of drugs or paraphernalia or being under the influence to a person who calls for emergency medical attention for someone who is overdosing on drugs or alcohol, and would give immunity to the person in need of medical attention.

The bill’s sponsor, Representative Steve Lynch (R-Waynesville), called the bill an effort at “harm reduction,” and refers to it as “Bailey and Cody’s law,” for two overdose victims whose parents believe that having such a law in place might have saved their children’s lives.

“I fight hard on this issue because I believe that every life is valuable, and that some, because of bad decisions, or bad circumstances, or bad home life, or running with the wrong group, make one wrong decision sometimes and because heroin or opioids are so powerful, it takes all those dreams that they had and all those goals, and it becomes the next fix that becomes their focus,” said Lynch.

Lynch’s legislation won bipartisan praise and support. Velda Village Hills Democrat Clem Smith said in the neighborhood he grew up in, he saw people who had overdosed and their bodies were left, sometimes for days, in places like alleys and empty lots by people afraid of being prosecuted if they called for help.

“I’m glad that your bill will allow that somebody could get some help. Sometimes it’s those minutes that make a difference,” said Smith.

Lynch said this “Good Samaritan” bill has been shown in other states and local areas to save lives, particularly when working in conjunction with bills that allow first responders or friends and loved ones to have and administer naloxone – a drug that counteracts overdoses to opioids, including heroin. Missouri in 2014 and 2016 enacted such laws, both also sponsored by Lynch.

Lake St. Louis Republican Justin Hill, a former police officer, was one of 21 “no” votes against HB 294. He said by giving immunity to callers and those overdosing, the bill takes away an opportunity to get those individuals into treatment programs.

“There’s all kinds of problems with this, and here’s another bill that purports to help people with a drug problem that makes it worse,” said Hill.

The bill passed with 134 votes and goes to the Senate for consideration.

Earlier story: Proposed ‘Good Samaritan Law’ aims to save the lives of some who would overdose

House budget proposal attempts to strengthen defunding of abortion providers

The budget proposed this week by the Missouri House attempts to strengthen an attempt started last year to defund abortion providers.

Representative Robert Ross (photo; Tim Bommel, Missouri House Communications)

The current fiscal year’s budget includes language that intended to keep all money appropriated by it from going to hospitals or clinics that perform abortions. Yukon Republican Robert Ross proposed that prohibition, and said it needed to be strengthened.

“Despite that being a simple amendment last year, apparently [the Department of Social Services] was confused, and has chosen not to implement until recently … in this last month,” said Ross.

The House voted to adopt language offered by Ross for this year’s budget to use the definition of “abortion services” found elsewhere in state law. Republicans including Sonya Anderson of Springfield said they hope this will clarify to the Department the legislature’s intent.

“Time and time again we have heard from our constituents that they do not support their tax dollars being used to fund abortions. Last year we thought we had put a stop to this … yet here we are again a year later and Missouri is still sending taxpayer money to Planned Parenthood, an organization that is the largest abortion provider in Missouri,” said Anderson.

House Democrat leader Gail McCann Beatty called the amendment a “continued attack on women.”

“I think that amendment, while its target may be Planned Parenthood, this is going to cause some issues to our hospitals as well,” said McCann Beatty.

The statutory definition of “abortion services” includes not only performing abortions, but encouraging or referring a patient to have one. Raytown Representative Jerome Barnes (D) said that means facilities besides Planned Parenthood could lose money.

Representative Deb Lavender (photo; Tim Bommel, Missouri House Communications)

“Talking about abortion and providing fact-based information is not the same thing as providing abortions. While the amendment maker may indeed target one particular provider, I am very concerned that any women’s health provider could be swept up in this amendment,” said Barnes.

Kirkwood Representative Deb Lavender (D) said the healthcare of women statewide could suffer under the prohibition.

“We are now in this amendment saying if you refer somebody for an abortion out of your facility, we’re not going to pay. This now affects federally-qualified health facilities,” said Lavender. “Make no mistake: you think infant mortality in the Bootheel is high today? Wait until you pass this amendment because you are going to prevent women from getting healthcare.”

Democrats also argue that tax dollars are already prohibited from being used to pay for abortions, but Republicans including Anderson say that isn’t enough.

“The taxpayers’ money is still going to fund Planned Parenthood. It may not just be specifically for abortion but Planned Parenthood does offer abortion services in Missouri, so they do benefit from those taxpayer dollars,” said Anderson.

Ross’ amendment was adopted 115-35. It is now part of the proposed budget for the fiscal year that begins July 1 that the House has sent to the Senate for its consideration. The Senate will begin its work on that proposal next week.

House budget plan would save program to get low-income youths into workforce

The single biggest change the House made during floor debate of its budget proposal this week would continue a program that aims to help low-income youth enter into the workforce.

Representative Bruce Franks (photo; Tim Bommel, Missouri House Communications)

St. Louis City Democrat Bruce Franks, Junior, saw that Governor Eric Greitens (R) had proposed cutting all funding to the Summer Jobs League within the Department of Economic Development. Franks proposed taking $6-million from unused funds in two programs within Temporary Assistance for Needy Families to restore it, and the House voted to accept Franks’ proposal.

The Summer Jobs League gives 16- to 24-year-olds from low-income homes in the St. Louis or Kansas City areas the chance to work in a business in a field they’re interested in.

“It’s really a comprehensive approach to youth violence prevention,” said Franks. “We serve the underserved: the highest crime rate areas, highest poverty within the city.”

The largest portion of the state’s appropriation to the Summer Jobs League will pay the salaries of the youth participants – up to $8.50 an hour for up to 240 hours. Franks said that is part of the incentive for businesses to participate.

“The jobs and the small businesses really benefit from having extra employees that they don’t have to pay that payroll, or that salary, so it really helps the small businesses when they can get three or four youth, teach them a great program, how to work, how to own their own business,” said Franks.

Participating businesses often hire the Summer Jobs League youths after their League term has expired.

Franks said Summer Jobs works in conjunction with other programs such as Prison to Prosperity, which helps youth in the St. Louis region transition out of prison.

“Now we’ve got youth that are getting out going straight to a job, straight to financial literacy, financial empowerment. Summer Jobs doesn’t just offer summer jobs. It offers 24-hour mentoring, behavior modification, job readiness training; all these different things to get you not only ready for the workforce but to continue on within the workforce,” said Franks.

Franks’ proposal earned praise from Republicans including Versailles Representative David Wood, who called it a better use of TANF dollars, “to catch the youth, get them into summer job programs, and teach them how to work early on.”

House Budget Committee Vice Chairman Justin Alferman (R-Hermann) said Franks, “worked extremely hard to find the funding for this program.”

House Democrat leader Gail McCann Beatty (Kansas City) said her law firm participated in Summer Jobs, and she worked with several young people through it.

“It is a great opportunity to work with these students, and sometimes you are the most positive influence that they have,” said McCann Beatty.

Franks thanked Alferman as well as House Budget Committee Chairman Scott Fitzpatrick (R), Budget Committee member Representative Crystal Quade (D-Springfield), and others, for helping him find money for the League.

Many of Franks’ fellow lawmakers commended him on being a freshman member of a superminority who secured a large change in the state’s budget, but Franks said that’s not what he felt good about.

“It feels great because I was able to help the underserved. It feels great because I was able to work across party lines and we were able to come together to serve my community,” said Franks. “All too often the community that I serve has felt like they’ve been left out, and to have representatives on both sides truly care, truly vote in the interest of the people, that matters more than anything.”

The House’s budget proposal has been sent to the State Senate, which will propose its own changes. Once the two chambers agree on a spending plan, it will be sent to Governor Greitens.

House budget proposal could mean fewer DUI checkpoints on Missouri roads

If the House’s budget proposal stands, Missourians might see fewer DUI checkpoints on state roads over the next fiscal year.

Representative Galen Higdon opposed language in the House's FY '18 budget proposal that would keep state and federal funds allocated by that budget from going to DUI Checkpoints. (photo; Tim Bommel, Missouri House Communications) — Representative Galen Higdon opposed language in the House’s FY ’18 budget proposal that would keep state and federal funds allocated by that budget from going to DUI Checkpoints. (photo; Tim Bommel, Missouri House Communications)

The House proposed language that would prevent money controlled by that budget from going to such checkpoints. House Budget Committee Chairman Scott Fitzpatrick (R-Shell Knob) said this is largely because of data indicating checkpoints aren’t effective enough compared to other enforcement methods.

“I looked at the data … on what’s the best way to get drunk drivers off the road, and according to data from [the Department of Transportation], the best way to do it is saturation patrols,” said Fitzpatrick. “Last year alone, saturation patrols resulted in a little over 3,000 DWI arrests. Checkpoints resulted in about 1,200, at a cost of over $1,000 per arrest when you look at how much we spend on the checkpoints.”

Lake St. Louis Republican Representative Justin Hill, who formerly worked for the O’Fallon Police Department, also said saturation efforts are more effective. He encouraged fellow lawmakers to give those a try for the twelve months of Fiscal Year ’18.

“Let’s look at the numbers, and I’m sure you will see, and your constituents and your police departments will see that this is more effective and is least impacting innocent individuals that might otherwise go through a checkpoint,” said Hill.

Representative Galen Higdon (R-St. Joseph) is a former Buchanan County Sheriff’s Deputy. He coordinated checkpoints for the last four years before his retirement. He believes checkpoints have reduced crashes in his district, so he opposed the new language.

“[Checkpoints] are an efficient way to reduce intoxicated or impaired drivers on our highways,” said Higdon.

Representative Justin Hill supports language in the House's FY '18 budget proposal that would discourage DUI checkpoints for what he believes are more effective efforts. (photo; Tim Bommel, Missouri House Communications) — Representative Justin Hill supports language in the House’s FY ’18 budget proposal that would discourage DUI checkpoints for what he believes are more effective efforts. (photo; Tim Bommel, Missouri House Communications)

Representative Kathie Conway (R-St. Charles) chairs the budget subcommittee on Public Safety. She said when the idea to bar state funds from going to checkpoints came up she heard from numerous law enforcement agencies, victims groups, anti-drunk driving groups, and others who opposed the change and were “upset” about it.

She said checkpoints and saturation efforts can work in conjunction, and said the latter actually work better when the two are used together.

“While [saturation efforts] are good methods as well, a lot of them hinge on DUI checkpoints because it drives people nearby to avoid the checkpoints,” said Conway.

Proponents of the change also said there are questions of whether checkpoints violate Missourians’ rights, and said saturation efforts are also more effective at dealing with other violations of the law besides impaired driving.

If the language becomes law, nothing in Missouri law would prevent law enforcement agencies from conducting checkpoints. They simply would not be able to use money allocated by the state budget to do so.

The House’s proposed budget plan next goes to the state Senate for its consideration.

House budget plan proposes nearly $3-million for education on new voter photo ID law

One of the things House Democrats wanted in the chamber’s proposed spending plan for the next fiscal year, they got.

The House voted to move $1.5-million from an election administration improvements fund in the Secretary of State’s office to go to the implementation of the voter photo ID law approved by voters in November. Specifically that money is for educating voters about the new law so that they can comply with it when they go to the polls.

St. Louis City Democrat Peter Merideth wants that education process to include direct mail; something the Secretary of State told the House Budget Committee he wasn’t planning to use.

“When we run campaigns, when we try and reach out to voters about elections, there is no better way to reach voters than direct mail, especially in rural parts of the state where people may not even have internet, may not even have cable,” said Merideth. “Direct mail reaches these people. That is the best way to let them know about their new rights and responsibilities.”

St. Louis City Democrat Bruce Franks, Junior, said the needs of educating people about the new law can vary from community to community.

“If we’re going to present something new, something that we haven’t had, we have to have adequate education on informing every single community, every single district that we have,” said Franks.

The change would bump the funding available for voter photo ID education to nearly $3-million. The House’s earlier proposal for funding it with about $1.4-million was based on what the Secretary of State had asked for.

House Budget Committee Chairman Scott Fitzpatrick (R-Shell Knob) supported Merideth’s amendment.

“I’m not saying that they can or will spend this money, but they have a plan. If for some reason their plan doesn’t work, having another tool in the toolbox is reasonable,” said Fitzpatrick.

The measure initially failed but after a motion to reconsider the vote, many Republicans sided with Merideth and Fitzpatrick and approved it.

It becomes part of House Bill 12. The House is expected to vote Thursday on whether to send that and the rest of the budget bills to the Senate for its consideration.