House vote sends statewide PDMP proposal to Governor

      After roughly a decade of legislative consideration, the Missouri legislature has voted to create a statewide prescription drug monitoring program (PDMP).

Representative Travis Smith (Photo: Tim Bommel, Missouri House Communications)

      The program would consolidate information on the prescription of controlled substances so that pharmacists and physicians can identify those who might be dealing with addiction.  The House approved the bill, Senate Bill 63, 91-64, sending it to Governor Mike Parson (R).  Parson has signaled support for a PDMP.

      If SB 63 becomes law it would make Missouri the last state in the nation to enact a statewide PDMP.     More than 80-percent of the state is covered by a PDMP that began in St. Louis County a number of years ago.  This would replace that plan and have different requirements for the sharing of data.

      PDMPs are intended to identify and flag the practice of “doctor shopping,” when individuals go to multiple doctors and multiple pharmacists seeking to accumulate a large supply of a drug in order to abuse or sell it.  Supporters say the program will save lives and help get those with addictions into treatment.

      “Every law enforcement person I talked to, every doctor says it will prevent deaths in the future, and if you can prevent just one person from dying I think that means something.  I think this will prevent hundreds, if not thousands,” said Representative Travis Smith (R-Dora), who carried the bill in the House.   

      Opponents say PDMPs will create a database of Missourians’ private medical information which the government shouldn’t have.  Lake St. Louis representative Justin Hill, a former undercover drug enforcement officer, said PDMPs haven’t worked in other states and the one based in St. Louis County isn’t working.

Representative Justin Hill speaks against the PDMP proposal as Senator Holly Rehder, its sponsor, watches debate. (Photo: Tim Bommel, Missouri House Communications)

      “This has dire consequences.  The death rate in St. Louis County has actually increased because people are pushed away from pharmacies to buy their narcotics, which they are addicted to, on the street.  If you truly care about the lives of people that are addicted to these drugs then you want them to be discovered at the pharmacy.  You want them to doctor shop,” said Hill.  “You turn down that person at a doctor’s office or pharmacy, they’re still going to get their drug.”

      Smith said he’s heard those concerns, and if the bill becomes law he intends to monitor the impact of a PDMP in Missouri.  If it doesn’t work he will work to fix or eliminate it.

      “My argument to those people is this:  most heroin users did not start off as heroin users.  They had some kind of prescription for the opioid.  They get the opioid and because there wasn’t a monitoring program they got too much of it.  They got addicted,” said Smith.  “My idea is, if we can work with doctors and pharmacists and monitor it, we can catch it before it ever happens.”

      The bill passed the House with mostly Democratic support, with around 30 Republicans voting in favor.  Representative Tracy McCreery (D-St. Louis) has been in favor of a PDMP throughout her 8-year legislative career.

      She credited Senator Holly Rehder (R-Sikeston), who has sponsored and pushed for passage of a program through most of her 8 years in the House, and was the sponsor of SB 63.

      “I think that what her legislation is doing is truly putting a statewide PDMP forward, and to me that is something that is ultimately going to save lives.”

      Proponents say under SB 63, Missourians’ medical information will only be available to doctors and pharmacists.

Missouri House passes 5 bills in special session called to address crime

The Missouri House has given initial approval to five bills related to crime issues in Missouri.  The bills were filed in a special session of the legislature called by Governor Mike Parson (R).

Representative Johnathan Patterson (photo courtesy: Tim Bommel, Missouri House Communications)

Republicans say the legislation will help address violent crime in a year when Kansas City is on pace to set a new record for the annual number of homicides, and St. Louis is in the midst of a wave of murders and other violence.  Democrats decried the legislation as accomplishing nothing and said the special session was called only for political reasons.

House Bill 66 would create a fund to pay for law enforcement agencies to protect witnesses or potential witnesses and their immediate families during an investigation or ahead of a trial.

St. Louis City representative Peter Merideth (D) said the bill would be meaningless because there would be no money in the fund until it is appropriated in budget legislation.

“If we really believed this was an emergency wouldn’t we be funding it right now?” asked Merideth.

Bill sponsor Jonathan Patterson (R-Lees Summit) said his bill will create the program and funding can come later, as is usually the case with newly created state programs.

“I trust the mayors of our state.  They say it’s an emergency.  I trust the law enforcement in our state.  They say it’s an emergency,” said Patterson.  “We could have funded it [during the special session].  You’d have to ask yourself, ‘does that fit within [the governor’s call of topics to be addressed in this special session]?’  I don’t know.”

Representative Peter Merideth (photo courtesy: Tim Bommel, Missouri House Communications)

Merideth said he would still support the bill, but also expressed concern that the offer of state money to pay for a potential witness’ room and board could be used to incent false testimony and lead to wrongful convictions.

The House voted 147-3 to send HB 66 to the Senate.

House Bill 46, sponsored by Representative Ron Hicks (R-Dardenne Prarie), would temporarily lift the requirement that St. Louis Police officers, EMS personnel, and firefighters live in the City of St. Louis.  The residency requirement would be reinstated after September 1, 2023.

“Out of all the things in the governor’s call this is the one really good thing that will immediately improve the conditions of [St. Louis’] crime problem,” said Representative Justin Hill (R-Lake St. Louis), a former law enforcement officer and undercover detective.  “Men and women in blue want to to work in the city.  Right now they don’t feel empowered enough by their city to stay there.”

St. Louis area Democrats say the bill infringes on local control because St. Louis residents are set to vote on whether to remove the  residency requirement in November.

“This comes up about every eight years in our city.  It has never passed,” said St. Louis representative Wiley Price (D).

The House passed HB 46 117-35.

House Bill 11 would increase the penalty for endangering the welfare of a child from a misdemeanor to a first-degree felony.  Bill sponsor Nick Schroer (R-O’Fallon) said criminals are taking advantage of juveniles by giving them guns and encouraging them to participate in violent crime.

“The issue of our youth being involved in horrific violence should be of the utmost importance to everyone in this body.  That is why I fought so hard since I’ve been in this body … to address this in one way, shape, or form,” said Schroer.

The House passed HB 11, 117-33.

House Bill 16, also sponsored by Schroer, would define the unlawful transfer of a weapon to a minor as the lending or sale of a firearm to a minor for the purpose of interfering with or avoiding an arrest or investigation.  It would change current law to allow such transfers to be a felony even if done with parental permission.

Representative Nick Schroer (photo courtesy: Tim Bommel, Missouri House Communications)

“It’s very important that we focus on these adults … that are victimizing our youth.  Sometimes it’s resulting in their death, sometimes it’s resulting in them going into the juvenile justice system,” said Schroer.  “Amending this law pursuant to the conversations we’ve had across the state it’s going to lead to a decrease in crime.”

St. Louis representative Rasheen Aldridge (D) said those bills will not reduce crime and won’t help his city.

“We’re not addressing the root cause of crime.  We’re not talking about after school programs.  We’re not talking about real criminal justice reform.  We’re not talking about how we make our neighborhoods not food deserts so we don’t have to travel 20 and 30 miles out.  We’re not talking about how we make education equitable for neighborhoods like ours,” said Aldridge.

HB 16 was sent to the Senate with a 103-45 vote.

The House also approved 133-11 House Bill 2, sponsored by Representative Barry Hovis (R-Whitewater), which aims to clarify current law on the admissibility of witness statements when a witness has been tampered with or intimidated.  If a court finds a defendant tried to keep a witness from testifying and the witness failed to appear, an otherwise inadmissible statement from that witness could be allowed into evidence.

All of these except for HB 16 were passed with a clause that would make them effective immediately upon being signed by the governor.

‘Corey’s Law:’ House proposal aims to preserve evidence in Missouri stabbing cases

Missouri House Members are looking for the right way to make sure evidence is not discarded when a person is stabbed or shot.

Corey Laykovich (right) and his mother, Michelle Metje, along with his two brothers. (photo from the family)

The bill is known as Corey’s Law for Corey Laykovich, who at the age of 22 died in a hospital after being stabbed in 2013.  The investigation of his stabbing was hindered when his clothing was discarded while he was being treated in the hospital, eliminating the possibility that DNA evidence on that clothing might have found his killer.

A man pleaded guilty to the crime five years later and was sentenced to 9 years in prison for voluntary manslaughter.  Corey’s mother, Michelle Metje, believes his sentence could have been longer if the evidence had been secured.

“I like to make the point that [the man who stabbed Corey] … during the time between the time he killed my son and the time he was arrested, he was arrested eight other times … three of which were heinous crimes against individuals.  These are eight other victims that are being put through this because of what happened in the very early stages of my son’s investigation,” said Metje.

House Bill 2086 would require emergency rooms to have a secure storage unit for forensic evidence collected while treating the victim of a gunshot or stab wound.  It would require three hours of annual training for ER staff on the collection of evidence, and that ERs have evidence collection kits.  It would also require ER staff to report to law enforcement the treatment of any stab wound that is more than an inch deep.

“In the State of Missouri if it’s a gunshot wound it’s reported to the police department immediately.  If it is a dog bite it is reported to the police department, however if it’s a stabbing wound there is no indication that they have to report that.  As a matter of fact they’re told by their legal department not to report it,” said bill sponsor Rory Rowland (D-Independence).

Rowland said the loss of evidence such as in Corey’s case is “not uncommon.”

Michelle Metje and Representative Rory Rowland (Photo: Mike Lear, Missouri House Communications)

“My goal here is not to embarrass law enforcement.  My goal here is not to embarrass hospitals.  They all have a very difficult job, but … When they’re working in a situation like this and you’ve got someone whose got mortal wounds or extremely serious wounds, number one their job is to save a life and we want them all to do that.  However when you do in fact have a fatality and that person may, in fact, have been murdered … we need to make sure that we protect the evidence,” said Rowland.

The bill was presented to the House Committee on Crime Prevention and Public Safety.  Lawmakers on that panel voiced support for the concept of the bill but discussed with Rowland the need to change the language, particularly concerning stab wounds of once inch deep or less.

“I would rather err on the side of caution,” said Representative Justin Hill (R-Lake St. Louis), a former law enforcement officer.  “’Cause a one inch stab wound in the neck is deadly.  A one inch stab wound in the buttocks is not.”

Rowland agreed the language of the bill could need some changes and said he is open to exploring those.

Since her son’s death, Metje and Corey’s stepfather, Robert Norris, turned her social work background into Corey’s Network, Inc.  It provides support, advocacy, and services to homicide victims in the Kansas City metropolitan police precincts that have no such advocates.

Metje told the Committee the legislation is not a continuation of those efforts.

“We’re not proposing this for Corey nor for our family.  We are creating it for the parents and families that will lose a loved one to homicide in the future,” said Metje.

The Committee has not voted on the legislation.

Missouri House endorses statewide prescription drug monitoring program

The Missouri House has given preliminary approval to a statewide monitoring program for prescription drugs.  Supporters say it will combat abuse of prescription drugs.  Opponents say it will lead to more people switching to heroin and other illegal drugs, and cause an increase in overdose deaths.

Representative Holly Rehder (Photo: Tim Bommel, Missouri House Communications)

Missouri is the only state in the nation without a statewide program, though a program started by St. Louis County encompasses roughly 87-percent of the state’s population.

House Bill 1693 would replace St. Louis County’s program with one that covers all of Missouri and puts additional protections in place for those whose data would be in the Monitoring program.

It would create an online database that doctors and pharmacists could use to record and monitor the purchases of pills and visits to pharmacies.  For the seventh year, Representative Holly Rehder (R-Sikeston) is the proposal’s sponsor.  She said it would help fight what has been called an “epidemic” of prescription drug use.

“I ask that you all hear me say that this is not a silver bullet.  I have said that now for eight years, but as all states have said, this is a cornerstone in their fight against the epidemic,” said Rehder.

Representative Justin Hill (R-Lake St. Louis) has opposed creation of a Prescription Drug Monitoring Program (PDMP) each year he has been in the House.  He argues that such programs have not worked, and said by taking away pharmacies as places abusers can get prescription drugs the state would be pushing abusers to illicit drugs.  He said after St. Louis County’s PDMP was implemented the rate of drug overdose deaths increased in areas it covered.

“We’re okay with maybe putting another tool in the toolbox but at the expense of more lives.  I’m not okay with that,” said Hill.

Rehder acknowledged the increase in overdose deaths but maintained PDMPs are effective tools in detecting and stemming addiction before it worsens.

Representative Justin Hill (Photo: Tim Bommel, Missouri House Communications)

“What we’re trying to do is to stop band-aiding this epidemic.  We’re trying to work on the root of the problem, so we want to stop people from getting to that point,” said Rehder.

“As a grandmother who got my grandbaby out of a meth lab, who was living in one, there is no way that I would have the passion for this bill if I did not know from researching the data that this gets to the underlying problem,” said Rehder.  “We must stop addiction on the front end.  We must allow our providers to see it.”

Representative Glen Kolkmeyer (R-Odessa) said he backs the bill because not having a PDMP statewide means people can simply go to counties that do not have it to keep getting drugs to abuse or sell.

“My issue is … when we’re doing it patch quilted together is … if you’re from one county [which has PDMP] you’ll go to another county that doesn’t have it,” said Kolkmeyer.   “That’s why we need it statewide.”

Rehder said her bill includes protections against information in the PDMP database being used to take away Missourians’ rights under the 2nd and 4th Amendments.  She said those protections do not exist in the St. Louis County program.

Several proposed amendments to HB 1693 were voted down, including one that would have removed the bill from law if overdose deaths increase after its passage.

The bill was perfected by a roll call vote of 95-56.  Another favorable vote would send it to the Senate.

Sweeping criminal justice reform package prepared for consideration

The House Speaker has said criminal justice reform is a priority in the remaining weeks of the session, and a bill containing several proposed reforms has just been compiled.  It has the backing of a man made famous by President Donald Trump earlier this year.

Representative Shamed Dogan (left, in red tie) listens as Matthew Charles talks about his release under the federal First Step Act, and his support for HCB 2, the Missouri First Step Act. (photo: Tim Bommel, Missouri House Communications)

House Committee Bill 2, also being called the Missouri First Step Act, was assembled by the House Special Committee on Criminal Justice.  It is a compilation of several individual bills, some of which have already been passed by the House.

Trump featured Matthew Charles during his State of the Union Address.  Charles is the first person released from prison under the federal First Step Act, a federal reform bill signed into law by Trump in December.

In 1996 Charles was sentenced to 35 years in prison for selling crack cocaine.  In prison he turned his life around and earned an early release in 2016.  Though he was living a productive life, a court decision overturned his release and sent him back to prison until he was released under the First Step Act.

He’s excited about a provision in HCB 2 that would let judges ignore mandatory minimum sentences for non-violent crimes in Missouri.

“It would allow the probation officer as well as the judge to make an assessment on the amount of time that needed to be imposed on somebody for that crime, or the amount of time they will actually serve for that offense, whereas rehabilitation has been taken away from prison for a long time,” said Charles.

The stand-alone mandatory minimum sentences legislation, House Bill 113 sponsored by Representative Cody Smith (R-Carthage), has been sent to the Senate and awaits a committee hearing.

HCB 2 will be carried by the committee’s chairman, Representative Shamed Dogan (R-Ballwin), who has been a proponent of criminal justice reform during his five years in the House.

“These measures are all evidence-based.  They will all help us save enormous amounts of taxpayer money while also improving public safety, and they’ll give people who’ve made mistakes in their lives a chance to be treated with dignity while incarcerated and to have more of a chance of rebuilding their lives whenever they get out,” said Dogan.

HCB 2 would apply the state’s law restricting the use of restraints on pregnant offenders to county or city jails.  That bars the use of restraints on a woman in the third trimester of pregnancy and through 48-hours after delivery while they’re being transported except in extraordinary circumstances, which must be documented and reviewed.

Representative Mary Elizabeth Coleman (R-Arnold) sponsors that legislation (House Bill 1122).  She said it’s about the safety of those offenders, but also of their babies.

“It’s making sure that when women are in labor, when women are in advanced stages of pregnancy, and when they have really no risk of harm that we’re really treating people as people and that we’re being appropriate as well,” said Coleman.  “It’s not about trying to be lax on people who have committed crimes.  They’re paying their costs, but a pregnant woman is very vulnerable and we want to make sure that she and her child are delivered safely.”

Representative Cheri Toalson Reisch (at podium) speaks about her portion of HCB 2, the Missouri First Step Act (photo: Tim Bommel, Missouri House Communications)

Another piece of HCB 2 coming from a bill sponsored by Coleman (House Bill 920) would require that feminine hygiene products are available to women being held in the state’s prisons or on state charges in county and city jails.

“That is not an issue that I expected to be tackling but you find out certain things and you think, ‘How is it possible that as a state we’re not providing adequate hygiene supplies to those who are in our care and custody?’” said Coleman.

Representative Cheri Toalson Reisch (R-Hallsville) sponsored House Bill 189, to allow people convicted of felonies to work in certain businesses that sell alcohol or lottery tickets, such as grocery or convenience stores.  That is also included in HCB 2.

“Where I’m from in Boone County we have 1.5-percent unemployment.  This is the second lowest in the country.  We cannot find enough employees.  We would like to put these felons to work,” said Toalson Reisch.  “We need them to avoid recidivism and make better lives for themselves and their families.”

Two of the other pieces of HCB 2 would restrict the use of drug and alcohol testing by privately operated probation supervisors (House Bill 80Justin Hill, R-Lake St. Louis); and would keep courts from putting people in jail for failing to pay the costs associated with prior jail time (House Bill 192Bruce DeGroot, R-Chesterfield).  Both of those stand-alone bills have been sent to the Senate for its consideration.

HCB 2 includes language to allow for the early parole of certain inmates over the age of 65 (House Bill 352, Tom Hannegan, R-St. Charles); to stop the confiscation of assets from a person who hasn’t been convicted of a crime (House Bill 444, Dogan); and to prohibit discriminatory policing (House Bill 484, Dogan).

HCB 2 awaits a hearing by a House committee before it can be sent to the full chamber for debate.

Earlier stories on two of the bills that are part of HCB 2:

House votes to prevent jailing of Missourians for failing to pay jail bills (HB 192)

Missouri House endorses elimination of mandatory minimum sentences for non-violent crimes (House Bill 113)

House budget committee votes to continue barring state funding for DUI checkpoints

The House Budget Committee has proposed a state spending plan that would continue to keep state-appropriated funds from going to impaired driving checkpoints.

Representative Kathie Conway (photo; Tim Bommel, Missouri House Communications – click for larger version)

Last year the House proposed that $20-million made available for grants to law enforcement agencies not be allowed for use in checkpoints.  That proposal became part of the final budget plan for the fiscal year that began July 1, 2017.  Law enforcement agencies can conduct checkpoints but have to find other ways to pay for them.

The idea was controversial but has the backing of House Budget Committee Chairman Scott Fitzpatrick (R-Shell Knob), who cited data from the Department of Transportation showing saturation efforts – periods of increased law enforcement patrols on the roads – result in more arrests per dollar.

Representative Kathie Conway (R-St. Charles) remains adamant in her opposition to the prohibition.  She proposed letting $500,000 be used on checkpoints in the Fiscal Year 2019 budget, and argued that checkpoints are effective.

“Checkpoints are not really used to catch drunk drivers and impaired drivers.  They’re mostly to make the public aware of the risk of being caught,” said Conway.  “There’s been ten studies reported in five separate papers that the impact of sobriety checkpoints showed relative decrease in alcohol-related crash fatalities of 9-percent, and that’s just the fatalities.  Two of these studies showed a decrease of 64-percent in one and 28-percent in the other of blood alcohol content above the legal limit.”

Those who supported barring state-appropriated funds from going to checkpoints last year stood by their decision.  Representative Justin Hill (R-Lake St. Louis) said what’s happened in the last year shows it was correct.

“We were pretty confident last year when we spoke about focusing this fund to methods that work and actually remove drunk drivers off the road because after all, that is the goal – to arrest drunk drivers and get them off the road to make our roads safer,” said Hill.  “In the first six months, without using these funds to use checkpoints, we saw an increase of 15-percent statewide in DWI arrests, and you know some may say that’s kind of a long shot to say that’s due to the lack of checkpoints, but I truly believe that sometimes this body has to make tough decisions to force the hand to do what not only is right, but to do what’s effective and efficient.”

Representative Peter Merideth (D-St. Louis) supported the partial opening up of state funds to checkpoints.  He said he believes checkpoints are effective, at least when used in conjunction with other things like saturation efforts.  He also believes checkpoints are fairer.

“What I would point out is that when we rely solely on individual officers pulling over individual vehicles we have significant research and evidence that those stops much more disproportionately impact poor and minority communities, and at the very least a checkpoint is a uniform way to check everybody fairly, regardless of your color, regardless of the type of car you drive,” said Merideth.

Representative Justin Hill (photo; Tim Bommel, Missouri House Communications – click for larger version)

Many backers of the prohibition on state funds being used for checkpoints say checkpoints are unconstitutional because vehicles are stopped without probable cause.  Yukon Republican Robert Ross said while he supports law enforcement and knows Conway does too, he said the issue is one of due process.

“Checkpoints are a system of being guilty until you can prove yourself innocent.  That’s exactly counterintuitive to the way this country was set up and how we should operate,” said Ross.

The committee rejected Conway’s amendment.  If that decision stands through the completion of a budget proposal for Fiscal Year 2019, the prohibition on state-appropriated funds being used for checkpoints would continue.  Conway said she would continue to try to lift it.

“I’ve stood in crowds of 200 and 300 police officers that were going out to do saturation and/or DUI checkpoints.  They’re very enthusiastic about their programs.  I’ve stood and talked with parents and spouses and children of people that were killed by drunk driving and they’re very supportive of DUI checkpoints; in some places it’s up to a 70-percent approval of the citizens where checkpoints are used,” said Conway.  “For some it simply boils down to a constitutional issue and their minds will not be changed, but I think it’s also – since it has been found constitutional under both Missouri and United States Supreme Courts – that until that changes we have to go with the constitutionality of it, and I must say that public safety is always at the forefront of most things that I do.”

The full House, when lawmakers return from spring break next week, will debate the proposal that was passed out of the chamber’s Budget Committee.  The issue could be debated again then.

Missouri House votes to support needle exchange programs to fight IV drug abuse, disease

The Missouri House has proposed easing state law to allow organizations to give clean needles to users of illegal intravenous drugs.  Backers say the bill will help combat a potential outbreak in diseases like HIV and Hepatitis C caused by the sharing of used needles, and will get more people into drug treatment, but not all lawmakers are convinced.

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

Needle exchange or syringe access programs already exist in the St. Louis and Kansas City areas.  Representative Holly Rehder (R-Sikeston) said those programs are operating in violation of state law regarding drug paraphernalia, but local jurisdictions allow them to operate because of the impact they have.

Legislation sponsored by Rehder, House Bill 1620, would relax state law to allow those programs to operate and to expand to other regions in the state.

Rehder said people who use those programs to get needles are 5-times more likely to get into drug treatment because the programs put them in contact with medical professionals.

“That becomes the medical professional in their life, so they go and they get a ten-cent needle but they get so much more than that,” said Rehder.  “They get educational material explaining the harm of what they’re doing.  They get a person who’s greeting them where they’re at in life who’s explaining there are options for you.  We have places for you to go that we can get you into to help get you past this addiction, and so that becomes a relationship.”

Lake St. Louis Republican Justin Hill said as a former police officer and drug task force detective he supports the legislation.  He said law enforcement officers are always conscious, when dealing with individuals abusing intravenous drugs, to look out for needles.

“Use extreme caution because you don’t want to be pricked by what?  A dirty needle.  We want clean needles on the street because of the instances where if an officer gets pricked they don’t want to have to take tests for the next two years of their lives every month – go get tested for HIV, go get tested for AIDS, go get tested for Hep C,” said Hill.

Some Republicans who are former law enforcement officers oppose Rehder’s bill.  Cedar Hill representative Shane Roden, a reserve deputy sheriff, called the idea “stupid.”

“We’re not fixing the problem.  We’re just creating Band-Aids.  We’re not actually coming down with any solutions,” said Roden.

Representative Shane Roden (photo; Tim Bommel, Missouri House Communications)

Roden argued that with HB 1620, “We’re literally going to put the needle in their arm.”

Still the proposal has broad support including from Democrats.  St. Louis City representative Peter Merideth followed-up Rowden’s statements by asking Rehder, “Do you expect this to cure the problem of opioid addiction in Missouri?”

“No, and no one other than that gentlemen has even insinuated that this is a fix for the problem.  We all, that have stood up, have said it’s a tool in our toolbox,” Rehder replied.

Backers also say the bill will save the state money in costs to Medicaid of treating people who contract conditions like HIV and Hepatitis C by sharing needles.

The House voted 135-13 to send the legislation to the Senate.  In previous years one similar proposal was voted out of one House committee but moved no further through the process.

House votes to send project labor agreement ban to Governor Greitens

Missouri legislative Republicans’ labor reform agenda took another step Thursday with the final passage of a bill barring project labor agreements (PLAs) for public projects.

Representative Rob Vescovo began proposing a ban on project labor agreements for public projects when he was first elected to the House for the 2015 session. (photo; Tim Bommel, Missouri House Communications)
Representative Rob Vescovo began proposing a ban on project labor agreements for public projects when he was first elected to the House for the 2015 session. (photo; Tim Bommel, Missouri House Communications)

The House voted to send Senate Bill 182 to Governor Eric Greitens (R), who had called for the elimination of PLAs.

Under a PLA, a governing body requires non-union contractors to pay union dues to workers on a project.  SB 182 would prohibit that, and would bar local governments from giving preferential treatment to union contractors.  Governing bodies that violate the bill’s provisions would lose state funding and tax credits for two years.

Republicans said PLAs are unfair to non-union workers and contractors.  Arnold representative Rob Vescovo (R) said PLAs discriminate against the largest segment of Missouri’s workforce.

“86-percent of that workforce will not be able to do work on those job sites or bid on those job sites unless they sign a project labor agreement,” said Vescovo.

Lake St. Louis Republican Justin Hill said PLAs amount to extortion.

“Those non-union contractors are forced to pay union dues into benefits that they will never receive,” said Hill.

Representative Bob Burns said project labor agreements are good tools for local governments, which the legislature should not move to take away. (photo; Tim Bommel, Missouri House Communications)
Representative Bob Burns said project labor agreements are good tools for local governments, which the legislature should not move to take away. (photo; Tim Bommel, Missouri House Communications)

Democrats called the legislation an attack on unions.  Representative Bob Burns (D-St. Louis) said PLAs protect local governments by ensuring that they will have work done that is quality and completed on time by skilled workers.  He said his time on a board of education in Affton provided evidence of that.

“A lot of things that should have lasted 25, 30 years were failing after 5 years or 2 years, and these contractors were nowhere to be found,” said Burns.  “The district wouldn’t have to spend more funds to get something done and get it fixed if it would’ve been done properly in the first place.”

SB 182 was carried in the House by Vescovo, who began introducing such legislation as a freshman in 2015.  It is expected Greitens will sign the bill into law.

The House’s passage of SB 182 follows other labor reforms it has proposed, including the passage of a right-to-work bill signed into law by Greitens earlier this year.  That legislation prevents the collection of union dues or fees from workers as a condition of employment.

Earlier story:  House Republicans continue labor reform efforts; address project labor agreements

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)
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)
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.

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)
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