House votes to override governor on four budget items; Senate takes no action

The Missouri House voted to override the governor’s vetoes of four items in the state operating budget that became law in July.  The Senate has opted not to take up those items for consideration, so the governor’s vetoes will stand.

House Budget Committee Chairman Scott Fitzpatrick proposed the overrides of five vetoes the governor made in the state’s budget. The House voted for four of those overrides. (photo; Tim Bommel, Missouri House Communications)

The House voted to override Governor Mike Parson’s (R) vetoes on line-items that support juvenile advocacy units in the Kansas City and St. Louis offices of the state public defender; time-critical centers for heart attack and stroke patients in Missouri hospitals; independent reviews by the Office of Child Advocate of local offices that serve troubled youths; and the oversight of grants to organizations that serve the deaf and blind.  The four items totaled more than $785,000.

House budget leaders said those items will be brought up for consideration when the legislature meets again in January, for the start of its regular session.

The House voted only on five budget items during its annual veto session, which began and ended Wednesday.  On the fifth budget item, $50,000 for grants to law enforcement agencies for the purchase of tourniquets for officers, the House fell short of the constitutional majority needed for an override.

Money for inspections of state-certified heart attack and stroke trauma centers

House Budget Committee Chairman Scott Fitzpatrick (R-Shell Knob) said after the governor vetoed money to fund inspections and certification of time-critical trauma centers for heart attack and stroke patients, his administration then said those inspections would be conducted anyway.  Fitzpatrick said he wants to see the inspections continue, but for them to be funded by pulling money from parts of the budget not intended for them violates the role of the legislature in the budget process.

“The governor vetoed all the people and all the money for that particular program and my opinion is once you do that, you can’t fund that program,” said Fitzpatrick.  “That is going to come to a head in January.  It is going to be an issue and it will get dealt with in a different way.”

The top Democrat on the House Budget Committee, Kip Kendrick (Columbia), agreed.

“I don’t know exactly how that program moves forward if the line’s been vetoed and the two [full-time employees] in the program have been vetoed.  We want to see the program move forward, but also how does the program exist if it doesn’t have a line and a place in the budget … I don’t want to see any of the services disrupted or interrupted, but that being said we need to make sure that we’re handling things appropriately.” said Kendrick.

Money for Office of Child Advocate review of local abuse investigations

$100,000 for the Office of Child Advocate would pay for two people that St. Charles Republican Kurt Bahr said would conduct a thorough review of how child abuses cases are processed.  He said the office needs those two additional staff members to keep up with that extra work.

“We are making sure that we’re taking care of kids in the foster care system, we’re making sure that any charge of child abuse is being looked at and is being processed correctly so that the system works for the most vulnerable in our society,” said Bahr.

Money for oversight of grants to organizations serving Missouri’s deaf and blind

The $45,000 for the Missouri Commission for the Deaf and Hard of Hearing would pay for a person to oversee grants to organizations serving the deaf and blind.  That position was created as part of House Bill 1696 passed in 2016, which was sponsored by Representative Lyle Rowland (R-Cedarcreek).  He said those grants have been fully funded for the past two years.

“In our world today we want all moneys from government to have accountability, and we need to have a person in place in that commission that oversee this money, can answer questions, can develop the [requests for proposal], to allow this to take place to help the deaf, blind community,” said Rowland.

Shrewsbury Democrat Sarah Unsicker said the person currently overseeing these grants has a number of other jobs and is overwhelmed.

Representative Kip Kendrick (photo; Tim Bommel, Missouri House Communications)

“People who are deaf/blind need additional services including language acquisition, communication assistance, and help with activities of daily living.  The Commission for the Deaf and Hard of Hearing is not equipped to deal with these specialized needs of this population by themselves and needs this staff person to assist with these needs,” said Unsicker.

Money for public defenders for juveniles in Kansas City and St. Louis

Fitzpatrick said the $487,000 for juvenile advocacy units in the St. Louis and Kansas City offices of the public defender system would ensure that the constitutional right to counsel for juveniles in those regions would be met.

Bahr said those juveniles need proper defense attorneys to keep them from entering a “prison pipeline where they end up becoming a far larger cost onto our society as perpetual inmates.”

Representative Ingrid Burnett (D-Kansas City) said as a teacher she worked with elementary school children both before and after these public defender units for juveniles existed.

“The difference between the outcome for these children is staggering,” said Burnett.

Kansas City Democrat Barbara Washington said she has personal experience as a juvenile offender, and said the importance of juveniles having representation cannot be overstated.

“I sit here today because I had an attorney.  I sit here today because my parents could afford an attorney and I can state today that no one else who was incarcerated with me at that time was even able to graduate from high school, and that was because at that time there was not a public defender system totally dedicated to juvenile offender,” said Washington.

No hard feelings from the House toward the governor over budget vetoes

Both Fitzpatrick and Kendrick said the attempts to override Parson’s vetoes did not signal a battle between the House and the governor’s office.

“The governor came into office in June and basically had one month to review the budget at the same time he was trying to assemble his team.  I think that unfortunately there were some things they didn’t get the full picture on and had to make some decisions before they had all the information,” said Fitzpatrick.  “We’ll continue to work with the governor.  This is not intended to be an issue that is supposed to disrupt the relationship.  It’s just a part of the process.”

Kendrick was not critical of the governor, even regarding the veto of funding for time-critical trauma center inspections and the procedural issues surrounding its continued funding.

“Everybody makes mistakes, right?  We all make mistakes.  Sometimes you’ve just got to own up to the mistake that you make … I don’t think Governor Parson wanted to see this program disappear.  Soon after I think he realized that it’s an important program obviously not just to us here in the building but to everyone around the State of Missouri,” said Kendrick.

House prepares extensive foster care reform legislation

An increased focus on issues concerning foster care in Missouri has resulted in a bill containing 11 different reforms meant to make life better for children who are in, and who leave, that care.

Representative Jim Neely chairs the House Special Committee to Improve the Care and Well-Being of Young People and sponsors HCB 11, a comprehensive foster care reform bill. (photo; Tim Bommel, Missouri House Communications – click for larger version)

House Speaker Todd Richardson (R-Poplar Bluff) in January created the Special Committee to Improve the Care and Well-Being of Young People to focus on improving the state’s child welfare system.  That committee is chaired by Cameron Representative Jim Neely (R), who selected 11 of the bills assigned to it to be combined into House Committee Bill 11.

Neely, a doctor, said improving the lives of children has been his priority since a young girl who’d been abused came into his office about ten years ago.

“This young lady said a lot of adults had let her down, and so I chewed on that and thought about life and what I needed to do, and that was probably the seed that caused me to run for office a few years later,” said Neely.

Neely said some of the things HCB 11 would change in Missouri law are “quick” or “simple” fixes that could have significant impacts, especially in situations in which foster children have been described as, “falling through the cracks.”

“There’s an incident in the Kansas City area where a child was over in Kansas and if we’d been able to share information with the State of Kansas we might have been able to prevent a horrid situation over there,” said Neely.  “We’re just trying to make [things] a little more user friendly and get the foster parents a little more safety net.”

HCB 11 includes language that would update background checks on foster families so that the Children’s Division would know immediately if a foster parent is charged with a crime that would disqualify him or her from being a foster parent.  Current law only allows checks every two years.

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

That portion of the bill came from House Bill 1944 sponsored by Representative Sonya Anderson (R-Springfield).

“House Bill 1944 would allow the Department of Social Services to utilize the RAPBACK program, which is the Record of Arrest and Prosecution, and so it’s a more instant update if a foster care parent or someone who resides in the house has been charged with a crime,” said Anderson.  “We want to make sure that [foster] children are in the safest environment as possible.”

HCB 11 would also expand assessment and treatment services for children in foster care.  It would require such services for all children in foster care – currently it is required only for those under the age of ten – and would require that those services be completed in accordance with the American Academy of Pediatrics’ periodicity schedule.  Currently children are screened every two years.

The original sponsor of that language is Representative Lauren Arthur (D-Kansas City), who said it would ensure that children in foster care receive more appropriate care, and the comprehensive screenings will in turn save the state money by catching medical conditions earlier and aiding in preventative care.

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

“This would change the requirements so that every child in foster care is receiving these kinds of screenings, not just children under the age of ten.  Additionally it means that they’ll receive more appropriate care, so according to the experts – the American Academy of Pediatrics – our children in foster care will go to the doctor according to their recommendations and that schedule as opposed to the legislature saying they have to go every two years,” said Arthur.  “For older kids in foster care, often when they are pulled out of school more than their peers it adds to a feeling of stigma – they feel like they’re different from their classmates – and we certainly don’t want them to feel different or have to go to the doctor more than anyone else just because they’re in foster care.”

Another portion of HCB 11 comes from House Bill 1862 sponsored by Representative Phil Christofanelli (R-St. Peters).  It would enable investigations of abuse of children in foster care in Missouri when it happens outside of the state.

Current law prevents Missouri Social Services workers from investigating reports of abuse of Missouri children in foster care if the abuse doesn’t occur in Missouri, and prevents them from communicating with counterparts in other states about abuse or potential abuse.  Christofanelli said his bill would remove those barriers and fix what he called a, “bureaucratic technicality.”

“This is just eliminating some loopholes that have resulted in some unfortunate situations in the past and making sure that we have full communication across state lines to protect kids,” said Christofanelli.

He said HCB 11 is combining a number of efforts to fix situations in which lawmakers are told, all too often, that children are being “left behind.”

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

“It’s one of the most rewarding parts of being in the legislature and it’s such an easy fix.  It’s shocking to me that this hasn’t been done yet because we’ve seen case after case where problems like this arise across state lines,” said Christofanelli.  “Our kids are our greatest asset here in Missouri and if there’s anything that we can do to help keep them safe then we’re going to do it as the legislature, so I’m honored to be a part of that process.”

Some lawmakers expressed concerns with the portion of the bill because other states might release information about abuse claims – particularly unsubstantiated claims – that Missouri would not release.  They expressed a desire to see that concern addressed before the bill could become law.

The House is prepared to vote on whether to send HCB 11 to the Senate.  The bill is broadly supported, including by Columbia Democrat Martha Stevens, who sits on the Special Committee to Improve the Care and Well-Being of Young People.

Stevens said she’s glad to be on the committee but says it has more work to do even if HCB 11 becomes law, “particularly with children aging out of the foster care system, so I’m hopeful that in the interim, with stakeholders and advocates and experts and folks on both sides of the aisle we can bring forward more solutions next year to help address issues around foster care and support the Missouri youth that are aging out of foster care.”

      Other parts of HCB 11 would:

– Provide free birth certificates to children in foster care, making it easier for them to become independent (found in House Bill 1470 sponsored by Representative Mike Kelley, R-Lamar)

– Allow more time for a case management plan to be developed for a child entering foster care (found in House Bill 1637 sponsored by Representative Neely)

– Allow foster children aged 16 years and older to open a checking or savings account with the consent of the Children’s Division or juvenile court, giving them the ability to cash paychecks and better access to jobs  (found in House Bill 1715 sponsored by Representative Don Phillips, R-Kimberling City)

– Make closed under law any records regarding placement of children into foster care or kinship placements, and specify who can access those records and when (found in House Bill 1966 sponsored by Representative Robert Cornejo, R-St. Peters)

– Allow a child who is homeless or in the custody of the Children’s Division, but the whereabouts of his or her immunization records is unknown, to be enrolled in school for up to 30 days while efforts are made to find those records, and if needed, another 30 days after that for the child to get caught up on immunizations (found in House Bill 2139 sponsored by Representative Lynn Morris, R-Nixa)

– Define when juvenile courts have jurisdiction over a child under 21, streamlining situations in which a child is in a safe situation but juvenile court involvement is interfering with the family (found in House Bill 1728 sponsored by Representative Bill Lant, R-Pineville)

– Establish guidelines for educating children in court-ordered group homes or institutions for delinquent or neglected children (found in House Bill 2625 sponsored by Representative Lyle Rowland R, Cedarcreek)

– Create the “Trauma-Informed Care for Children and Families Board” to encourage cooperation between agencies that deal with children and utilize trauma-informed treatment programs (found in House Bill 2217 sponsored by Representative Cora Faith Walker, D-Ferguson)

Budget subcommittee chair to recommend delay in basing college, university funding on performance

The Chair of the House subcommittee that deals with education funding says he will recommend the legislature put off a performance-based funding mechanism for state-supported colleges and universities.

University of Missouri System President Mun Choi testifies to the House Appropriations Subcommittee on Education on January 31, 2018. (photo; Tim Bommel, Missouri House Communications)

Cedarcreek Republican Lyle Rowland’s subcommittee heard from those institutions’ presidents over the course of two days and said many of them wanted the same things:  a delay in implementation of that plan, and a restoration of their core funding.

The state budget proposed last month by Governor Eric Greitens (R) would cut higher education funding by 10-percent, or roughly $100-million, from its Fiscal Year 2018 level.  Also in early January, the Coordinating Board for Higher Education approved linking 10-percent of funding for publicly-backed colleges and universities to performance factors such as students’ job placement, degree completion, and budgetary practices.  The model would look back at institutions’ performance over the past three years.

The combination means it is possible, though unlikely, that any given institution could see a decrease of as much as 20-percent in year-to-year state support.

Rowland said he agrees with the institution presidents who told him implementing performance-based funding now puts them at a disadvantage.

“[Institutions] didn’t know what their standards were going to be.  They didn’t know how to change their operation of their colleges and universities to help meet those goals,” said Rowland.  “With them not knowing what standards were, what those areas of concern are going to be, they have no way of implementing it, so it was going to hurt them financially.  We don’t want to hurt them financially.”

He wants to postpone that plan for three years so that institutions will know what areas to work on before their support is tied to them.

“We want to give them the opportunity to build up before we start with the funding model and then let’s put x-amount of new dollars into performance funding then and if you’re not meeting it you’re not going to get all of that funding.  We’re going to redistribute that to the other schools and universities.”

Rowland’s panel on Wednesday heard from University of Missouri System President Mun Choi, who touted to lawmakers the system’s accomplishments but coupled that with words of caution.

He said 90-percent of Mizzou’s students found a job within six months or moved on to graduate school; research is yielding advancements in the agriculture and medical fields; and Missouri S&T last summer beat out other universities from around the world in a competition to design a Mars rover.

“Those kinds of stories are peppered throughout all of our campuses but our ability to continue these programs is in jeopardy because of the cuts that we’ve experienced,” said Choi.

Lincoln University Interim President Michael Middleton echoed Choi’s call for a restoration of core funding and a delay in the performance model.

Representative Lyle Rowland (photo; Tim Bommel, Missouri House Communications)

“We are about as lean as we can be.  We’re already seeing that giving multiple responsibilities to individuals affects our productivity, which I believe is reflected in the number of students we’re able to recruit and retain,” said Middleton.  “With this [proposed] additional wave of cuts we are in a perfect storm with no clear break in the clouds.”

As for the proposed cut to core funding, Rowland said the governor’s proposal is not likely to stand, but given the state’s overall economic picture some reduction is probable.

“I’m sure there will be some cuts.  What we’re trying to do is try to make it as little as possible,” said Rowland.  “We’re hoping to be able to locate some things [elsewhere in the state budget] that we might be able to transfer into higher ed.”

The ranking Democrat on the House Budget Committee, Kip Kendrick (Columbia), has been one of several lawmakers expressing concern about the timing of performance-based funding.  He thinks most legislators will agree it should be pushed back.

“Higher education institutions across the board were on the same message about this, whether they were going to receive an additional hit from the performance funding model or not,” said Kendrick.  “Everybody was very tepid in having that implemented in a year where there is a potential for up to 10-percent of additional cuts to higher education.  We can’t penalize institutions on top of the additional cuts that they’re receiving this year.  It’s way too punitive and not the right year to implement it.”

Rowland will submit his recommendation to the full budget committee.  That committee will develop its own state budget proposal to be considered by the full House.  Eventually the House and Senate will have to agree on a state spending plan to be sent to the governor.

Lawmaker wants Missouri on track to next-generation 911

Some Missouri lawmakers think you should be able to send text, photos, videos, or data to 911, and they want to put the state on a schedule to achieve that goal.

Representative Lyle Rowland (photo; Tim Bommel, Missouri House Communications)
Representative Lyle Rowland (photo; Tim Bommel, Missouri House Communications)

A House Committee has been asked to consider House Bill 1094, offered by Cedarcreek Republican Lyle Rowland after he was approached by a friend who sits on the Commission for the Deaf and Hard of Hearing.  He was told people who are deaf could use text to communicate with 911 operators.

Rowland’s bill would require the Advisory Committee for 911 Service Oversight to develop a plan and target dates for Missouri to test, implement, and operate a next generation 911 system.

“This will provide our deaf communities a way of getting emergency help when it’s needed,” said Rowland.

The Committee heard from Opeoluwa Sotonwa, the Commission’s executive director.  He explained what it could be like for a person who is deaf or hard of hearing to use 911 in most of Missouri.

“A hard of hearing individual who speaks may be able to share his or her needs, but may not be able to hear questions being asked.  I may not be able to understand what action others are taking if I cannot hear them speak.  Moreover, I am not able to speak directly with a 911 operator,” said Sotonwa through an interpreter.  “You can count the resources used to track a suspect, evaluate the cost of replacing a house, and tally deaths of those who cannot receive help fast enough, however what is not measureable is the fear, insecurity, and indignity of the Missourians who are not able to access 911 services because our state’s technology is simply outdated.”

Representative Bruce Degroot confirmed as true what Sotonwa said would happen if, in most of Missouri, a person sends a text to 911.

“I did exactly as the witness suggested and texted 911, letting them know it wasn’t a true emergency, and sure enough I got a message back,” said DeGroot.  “’Make a voice call to 911 for help.  Text to 911 is not available.’”

Steve Hoskins, the Vice President of Association of Public Safety Communications Officials, told the committee his organization also backs the bill.  He said a next generation 911 system wouldn’t just help those with hearing problems.

“What if you’re calling 911 but the reason you’re calling is because you’re choking and you can’t speak?  That’s why we need this kind of technology,” said Hoskins.

No one spoke against Rowland’s bill.  The committee has not voted on it.