Mike Parson – Missouri House of Representatives Newsroom

‘Law’ at last: After 13 years, Blair’s Law, criminalizing ‘celebratory’ gunfire, is signed

July 4 was the 13 year anniversary of the death of 11 year-old Blair Shanahan Lane. Five days later legislation criminalizing “celebratory gunfire,” such as what ended her life, was signed into law.

That signing was the culmination of 13 years of work by a determined mother who responded to the senseless death of a daughter by refusing to give up.

“It’s just what got me out of bed … knowing I could make something happen,” Michele Shanahan DeMoss said after the law bearing her daughter’s name was at long last signed into effect.

*Michele Shanahan DeMoss and Representative Mark Sharp (Photo: Tim Bommel, Missouri House Communications)*

Up to one moment on Independence Day, 2011, Blair, Michele, and the rest of the family were celebrating the holiday and all was normal. The next moment, Blair was suddenly laying on the ground, and what Michele had known as “normal” was ended.

Blair had been struck by one of many bullets fired carelessly into the air by a person at a party more than half a mile away. She died the next day.

The man who fired that gun served 18 months in prison for involuntary manslaughter. There was no state law that addresses what is often called “celebratory gunfire,” until Tuesday when Governor Mike Parson (R) signed Senate Bill 754, which includes “Blair’s Law.”

Blair’s Law makes the unlawful discharge of a firearm within or into the city limits of a community a class A misdemeanor for a first offense, a class E felony for a second offense, and a class D felony for subsequent instances.

It is a change that has received broad, growing, and consistently bipartisan support every year it was proposed. Representative Mark Sharp (D-Kansas City) joined five years ago the list of lawmakers to sponsor it in the House. He said to see it finally signed is a huge relief.

“I had a good chance to see other folks lead the way and lead the charge on Blair’s Law and I picked up where they left off,” Sharp said Tuesday.

Also sponsoring Blair’s Law this year is Representative Sherri Gallick (R-Belton), who was inspired by Michele after meeting her while knocking doors during Gallick’s run for office.

“I am extremely happy for Michele. She did this for Blair to save lives and bring more awareness,” Gallick said.

This year’s version of Blair’s Law was the second to reach the desk of Governor Parson. He vetoed last year’s version, siting objections not with it, but with other provisions within the same bill. Before signing SB 745 yesterday he addressed that action.

Governor Mike Parson (center), joined by Representative Mark Sharp (left) and Senator Tony Luetkemeyer (right), addresses Blair Shanahan Lane’s family before signing Blair’s Law into law. (Photo: Tim Bommel, Missouri House Communications)

“I’m sure they were disappointed,” Parson said regarding last year’s veto. “I thank you for staying the course to do what is right because you’re going to help somebody else out, and at the end of the day and that’s what we’re all supposed to be doing … and I can tell you I will be very proud to sign this on your behalf today.”

When it was vetoed last year, Sharp and other legislators who had worked on it immediately assured DeMoss that it would be a priority in this year’s session. DeMoss never lost hope and never criticized those involved in the process.

“I also believe there were many reasons why we didn’t get here and I’m not mad at them. It took some time, but there’s a saying about the tortoise and the hair and I clearly am the tortoise, but we’re here,” said DeMoss.

As she, Sharp, and others have observed often, each year that the bill didn’t pass was another year that it was refiled, and each time the attention it received grew. Supporters hope that growing publicity discouraged at least some incidents of celebratory gunfire.

Sharp said in his district and others in the state, however, incidents are still occurring.

“Every year, Fourth of July, New Year’s Eve, Shot Spotter systems are picking up gunshots of people illegally, recklessly discharging their firearms in the city limits. Fireworks are one thing but shooting your gun off with reckless abandon is completely uncalled for. People are being wounded, people are being killed, countless property damage to our homes and to our cars, communities are unsafe, it’s just time that we change the culture in Kansas City and get rid of this bad habit,” Sharp said.

Gallick agreed, “Gun ownership is a responsibility. Guns are not toys and they should not be used recklessly to celebrate. We now have stricter penalties.”

The Kansas City Police Department said that during last week’s Independence Day holiday period of 6 p.m. Wednesday to 6 a.m. the next morning, there occurred one casualty incident, four aggravated assaults, and three incidents of property damage, all of which were believed to be related to celebratory gunfire or possibly fireworks. The Department’s Shot Spotter technology, during that period, detected 280 rounds of gunfire within the Kansas City limits. Another 110 reports of shots fired were called in to the Department and 911 dispatchers.

*Blair’s family speaks with Governor Mike Parson ahead of the signing into law of Blair’s Law. (Photo: Tim Bommel, Missouri House Communications)*

DeMoss said Tuesday that she is not done. She has always felt called to her advocacy, and she does not know where that will lead her next, but she feels sure something is coming.

“I need to get through today and the rest of this week, and maybe the rest of this month,” DeMoss said. “I know that [what’s next] will reveal itself to me. For 13 years it’s got me out of bed so there is something that’s next and I am confident in that.”

During the past thirteen years DeMoss has often said that she talks to Blair, and feels Blair with her, especially as she lobbied for this law. She felt her again on the day of the signing. She noticed something that frequent Capitol goers will recognize: décor in the stairwells with an “M” for Missouri alternating with a Hawthorn blossom, the result of which looks very much like the word “Mom.”

“I come around the corner and at the middle of the staircase I see ‘Mom.’ The first time I walked through the doors I heard that, and today I heard that. Quietly, inside of me, she still pushes me. Pushes me to get out of bed, and pushes me to persevere, and I know I’ll see her again.”

Countless visitors to the Missouri Capitol have found meaning in the stairwells’ “M” for Missouri interspersed with the state symbol hawthorn flower. To Michele Shanahan DeMoss, it was Blair’s message encouraging her to push forward.

“It’s rough and I don’t want any other mom or family, husband, brother, sister, or coworker to sit in my seat, so I would do it again. I would not do Blair’s death again but I would persevere in the situation of coming to Jefferson City, advocating and educating for something that makes a difference. Hands down.”

Twelve year push gets increased penalties for ‘celebratory gunfire’ to governor’s desk for first time

Nearly 12 years after the tragic death of an 11 year-old Independence girl, the Missouri legislature has voted for a bill bearing her name. “Blair’s Law” would increase the penalty for recklessly firing guns into the air and, backers hope, raise awareness about how dangerous that practice is.

*Blair Shanahan Lane (Photo courtesy: Michelle Shanahan DeMoss)*

The House had voted in two previous years to pass Blair’s law and this year the Senate concurred, sending it for the first time to the governor’s desk. The proposal was added to Senate Bill 189, which was passed out of the House 109-11 and now awaits the action of Governor Mike Parson (R).

It was news Michele Shanahan DeMoss, the mother of Blair Shanahan Lane, had been working toward and awaiting for more than a decade.

“It started as overwhelming,” DeMoss told House Communications. “Just really quietly thinking like, ‘wow, we’re not going to have to do this again.’”

What DeMoss was realizing she might not have to do again is come to Jefferson City and testify before legislators as she has done multiple times each year since her daughter’s death, each time recounting and reliving the events of July 4, 2011. That was when, while outside celebrating the holiday, Blair was truck in the neck by a bullet fired by someone more than half a mile away who had fired their gun into the air. She died the next day.

“[Testifying on Blair’s Law legislation] has become a pattern of living, and nothing, by any means, that I’m not going to be happy not having to do anymore,” said DeMoss, who quickly adds that a lot of good has come and continues to come out of that effort. “I was reminded by somebody [in the Capitol] when I went to tell them goodbye and they said, ‘No, no, no, you can come back and visit us. You don’t have to come back just because of that. With that being said, just because it’s done doesn’t mean the good things that have happened because of what we’ve been doing for the past 12 years can’t remain.”

Some of that good has come in the form of increased awareness.

“There’s no doubt our conversation and consistent work has definitely made a difference,” said DeMoss.

Police believe firearms are still being discharged into the air, however, especially around holidays like New Year’s Eve. The SoundSpotter system, sound capturing technology that the Kansas City Police Department uses to identify potential gunshots, identified more than 2,300 rounds fired between 6 p.m. December 31, 2022, and 6 a.m. the following morning. That was more than double the total from the previous year.

Representative Mark Sharp (D-Kansas City) said a desire to increase awareness that firing guns into the air is not safe was one of his biggest motivations for carrying Blair’s Law.

“The governor signing it, different legislators in their respective districts and cities creating an awareness about it will help, the media will play a real big role in this,” said Sharp.

Sharp is optimistic that the governor will sign Blair’s Law into law, partly based on conversations he’s had with Parson’s staff.

*Michele Shanahan DeMoss (Photo: Michael Lear, Missouri House Communications)*

This was Sharp’s fourth year sponsoring the legislation, joining several other current and former legislators who have carried that proposal since 2011. This year’s version would specify that a person is guilty of unlawful discharge of a firearm if they, with criminal negligence, discharge a firearm in or into the limits of a municipality. A first offense would be a class “A” misdemeanor which carries up to a year in jail and a fine of up to $2,000; a second time would be a class “E” felony carrying up to four years in prison; and third and any subsequent offense would be a class “D” felony, punishable by up to seven years in prison.

No state law directly addresses “celebratory gunfire.” In Kansas City it is a violation of city ordinance. The man who fired the bullet that killed Blair pleaded guilty to involuntary manslaughter and served 18 months in prison. Had Blair’s Law been in effect, the above penalties could have been applied in addition to that sentence.

Penalties are one thing, but as Sharp and DeMoss said, as much as anything, Blair’s Law has been about awareness.

“Obviously we’ve done press conferences in the past and that’s on the local news too, but I think if it’s talked about on a more regular basis and not just once or twice a year we’ll start to see some more awareness with it,” said Sharp.

Blair’s Law has consistently had broad, bipartisan support, yet it still took 11 legislative sessions before it passed. In spite of that, DeMoss didn’t get frustrated and didn’t give up. She said in many of the past years when the bill didn’t pass, she wondered whether it was because of some oversight on her part, “[before] realizing it was a course of time and, as in a lot of things, it wasn’t for me to have control over. As the years turned, the education and the understanding and the relationships are what were supposed to happen, and it continues happening.”

Sharp said it is because DeMoss persevered that this legislation finally made it to the governor.

“She’s a joy. She is a real joy,” said Sharp, who notes that he knows what it’s like to be around a parent who has lost a daughter, as his own sister died in a domestic violence incident when he was eight.

*Representative Mark Sharp (Photo: Tim Bommel, Missouri House Communications)*

“The grace that Blair’s mom carries herself with is just first class, top notch, and she could easily be coming to Jefferson City angry that it hasn’t been passed yet. She could easily have been that kind of person but she wasn’t. I think that speaks to her character.”

While waiting to see what Governor Parson will do, DeMoss is taking this latest, farthest progress as a victory.

“The list is very long of thanking people for their support and thanking everybody for continually raising awareness. I think people finally realize it is a tragedy that continues to happen,” she said.

The passage of a law bearing Blair’s name isn’t the only way she is being remembered. Blair has also been honored for being an organ donor, with six of her organs having gone to five people, and DeMoss still runs a charity in her daughter’s name: Blair’s Foster Socks gives socks and other items to children in need.

“We continue to grow and restructure but definitely socks are still coming in and good things are still happening. We just hosted a small group of boy scouts and look forward to distributing some socks. Earlier in the year we had a group that we got together with and made sock puppets … and deliver them to some nursing homes. The socks are just something simple that help us to empower, to uplift, and to give back.”

DeMoss has found it difficult when asked to sum up how she feels with this bill passage, but she recalls a message someone else sent to her, “‘I really wanna say congratulations but the gravity of the reason this law is needed keeps me from celebrating, but we can now be thankful that Missouri now is a safer place to be for future celebrations.’”

Governor Parson has until July 14 to either sign SB 189 into law, veto it, or allow it to become law without his signature. If it becomes law, Blair’s Law would become effective August 28.

Ban of invasive medical exams without consent sent to governor

The legislature has voted to ensure that Missouri patients can no longer have invasive medical examinations performed while they’re unconscious and without prior knowledge or consent.

*Representative Hannah Kelly (Photo: Tim Bommel, Missouri House Communications)*

Legislators were told that medical students and residents have been allowed and even directed to perform anal, prostate, or pelvic examinations on unconscious patients as part of their instruction, sometimes without those patients’ consent.

House Bill 402 contains several provisions regarding healthcare. One of those would specify that such exams on unconscious patients may only be conducted when that patient or their authorized representative has given consent; the examination is necessary for medical purposes; or when such an exam is necessary to gather evidence of a sexual assault. The legislature voted last week to send HB 402 to Governor Mike Parson (R) for his action.

Representative Hannah Kelly (R-Mountain Grove) sponsored that provision. She told House Communications, “The patient has the right to know what’s going on.”

She said her first concern regarding that issue was for survivors of sexual assault, some of whom she knows personally.

“If you talk to sexual assault survivors, often times they’re very hesitant, especially if they’re younger, to go seek healthcare and to have confidence to get the proper healthcare that they need. This was brought to me out of the concern that we make it abundantly clear in statute that if you’re going to put somebody under anesthesia in regards to any kind of female exam that they have full disclosure of what’s happening before you go under,” said Kelly. “I think anybody likes that, right? But especially if you’re a sexual assault survivor that’s something that is of utmost importance to make sure that you’re getting what you need from your healthcare provider because you’re hesitant, because you’re not secure and you’re not feeling confident of the process.”

The patient examination issue was an important one for legislators in both parties, and as a standalone bill, was voted out of the House 157-0.

Representative Patty Lewis (D-Kansas City) was glad to see it achieve final passage this year.

*Representative Patty Lewis (Photo: Tim Bommel, Missouri House Representatives)*

“I’m a nurse by background. I worked in academic, teaching hospitals. I worked with residents and med students all the time and when I first learned about this issue I was shocked. I couldn’t believe that intimate examinations were happening to people without their consent.”

Lewis noted that this passage shouldn’t hamper students’ abilities to learn. She said they have other chances to receive instruction in such examinations.

“If you go to one of the academic facilities you can opt in to have the med students or residents be part of your care team, or opt out if you don’t want to.”

Any health care provider who violates the new section of law, or any supervisor of a student or trainee who violates it, would be subject to discipline by their licensing board.

Kelly, meanwhile, encourages Missourians to ask questions of their healthcare providers and to makes sure they are made fully aware of what will happen if and when they are put under anesthesia.

The House voted 120-31 to send HB 402 to Governor Parson, who can now sign it into law, veto it, or allow it to become law without his action.

Physical therapists to no longer require referrals after Governor signs new law

The first legislation signed into law out of this session will get Missourians in front of the caregivers they need more quickly and with less cost.

*Governor Mike Parson signs into law Senate Bill 51, as its sponsor, Senator Karla Eslinger, and its House handler, Representative Brenda Shields, look on. (Photo: the Office of Governor Mike Parson)*

Governor Mike Parson (R) on Thursday signed Senate Bill 51, sponsored by Senator Karla Eslinger (R-Wasola), which will allow people to go to physical therapists without having to first visit another doctor and get a referral.

“Currently, patients must visit a physician before they can make an appointment with a physical therapist. This costs the patient additional money and delays in returning to their life before the injury,” said Representative Brenda Shields (R-St. Joseph), who handled the bill in the House. “It is time for Missourians to choose their own healthcare path and get their lives back.”

Shields has spoken passionately about this proposal largely because of the role physical therapists have played in her own life.

“I’m excited to be able to carry, I’m honored to be able to carry this bill this year. If it wasn’t for physical therapists I would not be before this body this year. When I had my brain bleed stroke almost seven years ago, it took them to give me back my life and I cannot thank them enough.”

Shields said no matter what she does from here on, she expects the passage of this language will stand as a highlight of her political career.

“You almost bring me to tears when I think about that … with my experience that I’ve had a physical therapist when I had my stroke seven years ago and the work that they did and the continued support that they gave me through my recovery. Even when I became depressed or sad, or questioned if I was ever going to return to normal, their continued work and their support … I just really wanted to [get this passed] to thank them for the care that they provided me.”

Shields announced to her colleagues in the chamber on Thursday morning that the bill would be signed, and her physical therapist Dr. Ben Perkins was her guest in the chamber then and at the bill signing.

Representative Deb Lavender (D-Manchester) is a physical therapist. She said it’s frustrating to have to turn away people who come to her, knowing she could ease their pain.

“I have actually lost business in my small, private practice physical therapy because when somebody would call me and say, ‘I want to see you,’ I’d say, ‘You have to see the physician first.’”

The proposal has been around for years in the legislature, with Governor Parson saying he handled it early in his legislative career which began in 2005.

*Representative Brenda Shields carried the House version of Senate Bill 51 for multiple years. She said its passage into law will likely always be one of the highlights of her legislative career.* *(Photo: Tim Bommel, Missouri House Communications)*

“I couldn’t be more pleased signing this, being the first bill that we’re really going to sign,” said Parson. “I think one thing we learned is how important healthcare is no matter where you live in the State of Missouri, and how many opportunities people have to get it. By doing this bill we’re going to expand that to many more people and cut a lot of bureaucracy out of the way simply to care for people, and I think that’s what we all wanted to do.”

Under the bill, a physical therapist can refer a patient to another health care provider if they exhibit certain conditions which the physical therapist is unable to treat, or if the patient’s condition doesn’t improve within 30 days or ten visits.

The House voted on April 12 to pass SB 51, 146-2. With its signing, Missouri joins 47 other states who already allowed people to go to physical therapists without first getting a referral. The bill’s provisions take effect August 28.

Bipartisan set of bills would extend post-pregnancy healthcare

A bipartisan group of House lawmakers is sponsoring legislation that they hope will save the lives of women and infants in Missouri, and in doing so, move the state farther from the bottom in the nation in infant and maternal mortality.

*Majority Floor Leader Jon Patterson (R) (Photo: Tim Bommel, Missouri House Communications)*

Their proposals would extend MO HealthNet or Show-Me Healthy Babies coverage for low-income pregnant women to a full year after the end of their pregnancy. Currently that coverage stops after 60 days.

Six representatives have filed that proposal, including Majority Floor Leader Jonathan Patterson (R-Lees Summit).

“The wellbeing of the child is based upon the wellbeing of the mother, so that’s why we’re really worried about, and we really want to focus on, healthcare for the mother, because it affects the child,” said Patterson.

He says there are about 5,000 women in Missouri who don’t have insurance coverage either through the state, personal coverage, or an employer.

“The data are very clear that it’s critically important. You’re talking about the physical development of the child, development of the brain, that they have support, and one of those things is having a mother that can be there. For example if your mother is in the hospital for a mental crisis or high blood pressure they can’t be there for the child so that’s what we’re trying to avoid.”

*Representative LaKeySha Bosley (Photo: Tim Bommel, Missouri House Communications)*

Governor Mike Parson (R) in his State of the State Address earlier this month said, “we are heartbroken to be failing,” in the area of infant mortality, with Missouri ranking 44^th in the nation for its “abnormally high” rate.

Kansas City Democrat Patty Lewis calls the situation, “abysmal.” She said in a Department of Health and Senior Services report covering 2017 to 2019, “Something that was pretty astounding to me based on their findings is 75-percent of the deaths are preventable. As [someone with a] background in nursing, if we can prevent something that’s what I want to do,” said Lewis.

She said in the years covered by the report an average of 61 women died while pregnant or within one year of pregnancy, with 68 in 2018.

“If we can just save one that would be great, but saving 60 women I think would be very important to me.”

Freshman representative Melanie Stinnett (R-Springfield) said maternal healthcare was an issue that voters talked to her about leading up to her election in November.

*Representative Patty Lewis (Photo: Tim Bommel, Missouri House Communications)*

“I work in the realm of healthcare and I work with a lot of families with children with disabilities, specifically, but also work really closely with organizations like The Doula Foundation and midwife groups in Springfield so it’s certainly something that’s come up in Springfield and a topic that has been something that I’ve talked about in our community,” said Stinnett.

Representative Brad Pollitt (R-Sedalia) said the data about how many of those deaths could have been prevented weighs heavily on him.

He said the proposal, “is just giving a little extra healthcare to get them off on the right foot and to help the mother who may be having issues and I just think it’s the right thing to do.”

“It’s not the state’s job, it’s not the taxpayer’s job to financially take care of every individual from birth to death. That’s not what this is doing. This is giving someone an opportunity to start off on a better life and if we can do that then I just think it’s the right thing to do and I think it shows that we do care as a party about life after the baby’s born, and about the mother’s life.”

The Republican sponsors of the bill acknowledge that it also relates to their party’s identity regarding its pro-life stance. Bishop Davidson (R-Republic) said his party is often criticized as only supporting life before birth, but this bill is one thing that demonstrates otherwise.

*Representative Melanie Stinnett (Photo: Tim Bommel, Missouri House Communications)*

“We carried it before that Dobbs case. We’re going to carry it after that Dobbs case. We’re interested in lives, and lives being fulfilled from conception to death, and so I see this piece of legislation as a part of a holistic agenda that is pro-life.”

Representative LaKeySha Bosley (D-St. Louis), who is for the fourth time sponsoring this proposal, says that it is “imperative” after Dobbs, “as we did pass the abortion ban, and [even] before we passed House Bill 126, the heartbeat bill, women who were in rural or underserved communities were dying [in] childbirth.”

Patterson agrees with his fellow Republicans, “We’re a pro-life state. I’m very proud to be pro-life, but that also means taking care of these children that are born. This is a measure that would ensure that the mother has healthcare for a year after they’re born, which is critically important to the wellbeing of the newborn baby.”

*Representative Brad Pollitt (Photo: Tim Bommel, Missouri House Communications)*

Bosley notes that while maternal mortality rates are an issue statewide, they hit some in Missouri harder than others.

“As an African American woman, as a minority in the State of Missouri … women who look like me are dying at a higher number and at a higher rate than our white counterparts.”

Bosley is glad that this proposal has gained more sponsors and a lot of media attention and she hopes it will lead to more.

“I’m happy that it’s a hot topic. Let’s go further than just the 12^th months. Let’s talk about doulas. Let’s go into the holistic conversation about how we can provide some assistance to doulas and have them be reimbursed,” adding, “Extending the coverage from the three months to the twelve months is just one of the small things that we can do, and it may seem small but it’s going to mean so much to a lot more people across the state.”

*Representative Bishop Davidson (Photo: Tim Bommel, Missouri House Communications)*

Patterson observes that the broad appeal of this plan isn’t limited to the House but extends to the Senate, where two versions have been filed and have already received a hearing. He and the other sponsors share great optimism that this will pass this year.

“It’s just a common sense measure that we can do to ensure the health of the babies.”

None of the House versions of this bill have been referred to a committee.

The bills that have been filed are: House Bill 91 (Patterson), House Bill 254 (Pollitt), House Bill 286 (Lewis), House Bill 328 (Bosley), House Bill 354 (Davidson), and House Bill 965 (Stinnett).

Income tax cut, reform likely topics in expected special session

A tax break for most Missourians and a restructuring of the state’s income tax brackets will likely be considered by legislators in a special session that Governor Mike Parson (R) is expected to soon call.

*Representatives Peter Merideth (left) and Cody Smith (Photo: Tim Bommel, Missouri House Communications)*

That’s according to House Budget Committee Chairman Cody Smith (R-Carthage), who says he’s looking forward to seeing what the Governor outlines in a plan to be aimed at helping Missourians facing high prices and high inflation. The top Democrat on the Budget Committee, Peter Merideth (D-St. Louis), says he wants a plan that goes beyond changing income taxes, so that all Missourians would be helped; not only those who pay that.

Governor Parson earlier this month vetoed a proposed $500-million tax rebate plan sent to him by legislators in May, saying he prefers a permanent tax cut. He has said he will call for a special session of the legislature to consider that cut.

Smith, who spearheaded that tax rebate plan as the best proposal thought possible at the time, said he would also prefer a permanent cut. He spoke to Parson on Tuesday to get a better idea of what the governor might propose.

“We are busy now collaborating with the senate and the governor himself to try to find a starting point and then from that point the legislature will take over and will hopefully put forth a good product, at the end of the day, for the governor to sign,” said Smith. “It’s important that we try to keep this simple and try to make it as impactful to as many Missourians as possible. I think the income tax is the best way to do that, and trying to simplify the tax code in the process I think is also a worthy goal.”

Merideth said he and fellow Democrats were glad that the rebate plan was vetoed, but he’s concerned that a cut to the income tax won’t help the Missourians who need help the most.

“A third of Missourians don’t make enough money to pay [the income tax], and those are, of course, the third of Missourians that are having the hardest time right now, so if all we’re focused on is a tax cut on income, that’s not really a big help for people,” said Merideth.

“That said, our income tax brackets are completely out of date. We haven’t had updated brackets in like 100 years. Democrats have actually long advocated for updating those to a more progressive tax rate structure. Now, we have yet to see what that proposal’s going to look like but there’s a path that we could get on board with,” he added. “Democrats are generally supportive of relief for those that make the least and generally resistant to relief for those that are doing just fine, at the expense of our long-term budget.”

Smith agrees that the state’s brackets are outdated and should be revised, if not eliminated, and doing so would help all income earners.

“Our highest tax bracket in Missouri is for anyone that makes over $9,000 annually. At one time that was a considerable amount of money … but now most folks who work at all generally make more than $9,000 per year … so we [would be] helping lower income folks by addressing that top line number. Additionally I think we can take a look at some of the tax brackets on the lower end and see if we can reconfigure those or eliminate those entirely so that folks on the lower end of the income spectrum won’t pay taxes up to a certain amount. That would provide relief on those lower income folks.”

Merideth thinks permanently cutting the income tax right now is not a good idea. He said the state is in a great position with revenue right now, but the next time there’s a downturn, cuts made now could put the state in a bad position.

The governor has expressed confidence that Missouri’s good fortune will continue, and Smith agrees.

“I would guess that we may have a general revenue surplus in excess of $2-billion by the time we come back to the next legislative session and that is just unprecedented … we’ve got federal money set aside for Medicaid, we’ve got general revenue dollars sitting in the state’s treasury for all purposes, and I think there’s never been a better time to cut taxes and still be able to protect the priorities that we have in the budget,” said Smith. “I think we’re probably looking at 3 to 5 years where we are very well situated even after a tax cut.”

Smith said while the state is enjoying increased revenues and never-before-seen surpluses, Missourians are dealing with high inflation, high gas prices, and other factors that are causing many to struggle. He said this is the right time for the legislature to do something to help.

“Rather than issue stimulus checks, which is talked about in Washington from time-to-time, certainly we’ve seen that … I believe the best way to combat things like inflation is let [Missourians] keep more of their own money,” said Smith.

Merideth said he and other Democrats would also like to see the legislature talk about things besides the income tax, such as eliminating taxes on groceries and other essentials.

The governor has said he is also planning to have the legislature consider six-year extensions to tax credits under the Missouri Agriculture and Small Business Development Authority. He vetoed a bill that would have extended them by two years.

Dates for a special session have not been set.

House budget plan keeps Rock Island Trail development funds

The state House has voted to preserve more than $69-million in federal dollars to support development of another hiking and biking trail on a former railway. That funding survived two attempts to redirect it over concerns some House members have about its use.

*Representative Tim Taylor (Photo: Tim Bommel, Missouri House Communications)*

Governor Mike Parson (R) recommended that appropriation, which would use funds from the American Rescue Plan Act (ARPA). It would pay to revitalize a 78-mile stretch of the former Chicago, Rock Island, and Pacific Railroad corridor, commonly referred to now as the “Rock Island Trail.” Work would include the stabilization of tunnels and bridges.

Bunceton representative Tim Taylor (R) said his family owns property along the Katy Trail, Missouri’s other hiking and biking trail along a former railway. He said he’s seen how communities have benefitted from being along that trail.

“It has brought a sense of small prosperity to our community. When the railroad left, as it did on the Rock Island, much of the town ceased to exist. We have prospered and those towns and cities along the Rock Island are going to prosper just like the Katy Trail.”

The Rock Island corridor runs through Bland, hometown of Representative Bruce Sassman (R). He said hiking and biking trails are engines for economic development, and this is Missouri’s chance to expand them.

*Representative Bruce Sassman (Photo: Tim Bommel, Missouri House Communications)*

“I have been working on this Rock Island development project for 35 years, almost half of my life, and it’s a vision to create a trail system and a trail route that is unlike anything in the country and maybe in the world. I wish you could see this project through my eyes. I wish you knew the history of this project,” said Sassman.

Taylor and Sassman were among those who spoke against amendments that would have blocked that $69-million from going to the trail. One of those, offered by Chillicothe Republican Rusty Black, would have diverted that money to maintenance that has been deferred on other Department of Natural Resources’ properties.

“In my eight years up here, every year we have had this fight with DNR about maintaining what we already have. This is a one-time use of funds that, if we spend it on the trail, is going to further dilute the sales tax money that they get to use to maintain all of the other parks in the state,” said Steelville Republican Jason Chipman. “What we have already is in bad shape and we could put a big dent in the maintenance needed for all of the other parks that bring in a whole lot of people to Missouri rather than partially work on this one.”

“I think there’s arguments to be made for and against the Rock Island Trail,” said Representative Dirk Deaton (R-Noel), the House Budget Committee’s vice-chairman. “I think it’s compelling to me as a conservative, as a fiscal conservative, you’ve got to take care of what you’ve got before you start taking on new things – building new things, acquiring new things, setting up new things, and we do have a substantial maintenance backlog within our state parks and so I think we really ought to address that before we do this, and then you can get to the question of, ‘If we do this.’”

*Representative Scott Cupps (Photo: Tim Bommel, Missouri House Communications)*

Another amendment was offered by Shell Knob Republican Scott Cupps. It proposed that the money be withheld from the project until lawsuits involving property owners along the Rock Island route are settled.

“The rationale for that is there is concern that we will spend millions and millions of dollars on this project and, depending on what happens in federal court, we may not be able to complete it until this is resolved,” said Cupps. “If you stand up for land owners’ rights and property owners’ rights … then you sure as heck better be a ‘yes’ on this.”

Cupps noted that there were similar legal disputes for people who owned property along the Katy Trail, which he says weren’t settled until 11 years after that trail opened.

Lawmakers who want work on the trail to proceed argued that those lawsuits’ outcomes will have nothing to do with Rock Island’s development.

*Representative Jason Chipman (Photo: Tim Bommel, Missouri House Communications)*

“This is not about converting it back to ownership by these folks who are suing. They simply seek to reclaim the money for land that was never part of their farm in the first place, whenever they purchased it,” said Representative Don Mayhew (R-Crocker). “These lawsuits, this is a red herring. It has nothing to do with it. The state can proceed with this.”

In the end the House voted down those amendments 53-81 and 62-70, respectively, and then voted to keep the money for the trail project in the budget.

Some, like Representative Jim Murphy (R-St. Louis), were glad to move forward that spending proposal.

“When I leave here I think it’d be nice if I could look at one thing and say, ‘We did this for the future. We did this for this state. It’s long lasting. We didn’t spend it on frivolous things. We didn’t buy shiny objects. We built something that our citizens can use now and in the future,” said Murphy.

The House voted today to advance that spending plan to the Senate.

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.

House members denounce state’s seeking payback of unemployment benefits

House members from both parties are not happy that Missourians are being asked to pay back unemployment assistance they received in error through no fault of their own.

Department of Labor Director Anna Hui told the Special Committee on Government Oversight overpayments are “kind of built into” the unemployment system. The Department is expected to make an eligibility determination and get a payment out to an applicant within 14 days, generally based solely on information provided by the applicant. As additional information comes in, often from the applicant’s current or past employers, it could prove he or she was not eligible.

Missouri Department of Labor Director Anna Hui (photo: Tim Bommel, Missouri House Communications)

She said for 2020 that amounted to about $150-million in benefits that the Department paid out and now wants back.

Hui told the committee Governor Mike Parson (R) has made clear that he wants the Department to seek collection of those overpayments, viewing them as taxpayer dollars that went to ineligible individuals.

Several legislators said they have heard from constituents who have been asked to pay back thousands of dollars in state or federal relief, sometimes months after they received it. One constituent was asked to repay about $23,000.

“You’re going to be hard-pressed to find a more fiscally conservative person in here than me, but I think we screwed up as a state government, to ask folks [for that money] back this late in the game,” said Representative J. Eggleston (R-Maysville).

St. Ann representative Doug Clemens (D) said for Missouri to ask people already struggling financially due to covid to pay back thousands of dollars is wrong.

“Need I remind you of our median income in this state? Most people in my district make $26,000 a year, and you’re asking for $11,000 payback?” said Clemens. “We’re talking about keeping Missouri’s economy going. We’re talking about equity and conscience … [It’s] taxpayers’ money, it’s these people’s money, and frankly we’re in a crisis. They need to keep it.

“Because that money’s already spent on mortgage, it’s already spent on food on the table, and frankly we have a responsibility to the common welfare here.”

Representatives, including Raychel Proudie (D-Ferguson), said the reasons given to individuals for their ineligibility were not always clear. She read a letter the Department sent to one of her constituents telling them they had to repay for a “miscellaneous reason.” Proudie called that “unacceptable.”

“As a State of Missouri employee and someone elected, I sincerely apologize that this was the caliber of correspondence you got from a state agency because it tells you nothing … how dare us do that?” said Proudie.

Members of the House Committee on Government Oversight, including (front row, from left) Reps. Tony Lovasco, Scott Cupps, Doug Clemens, (next row, from left) Richard Brown, Mark Ellebracht, and Raychel Proudie (photo: Tim Bommel, Missouri House Communications)

Federal directives have given states the option not to require repayment of assistance from the federal government, which makes up the majority of the $150-million the Department overpaid. Hui explained that Missouri is choosing to seek repayment of federal relief.

Proudie thinks the state shouldn’t be expending its resources to pull money from Missouri’s economy just to send it back to the federal government, and Representative Scott Cupps (R-Shell Knob) agrees.

“It may be as low as only $30-million of it’s from the [state] trust and $120-million of it is federal funds … you are not going to catch Scott Cupps in favor of rounding up money out of Missouri’s economy and sending it to Nancy Pelosi and Joe Biden in Washington D.C.” said Cupps. “The feds are literally telling us, ‘Hey, forgive it. Forgive it.’”

The Department is required by state statute to collect overpayments out of the state fund.

Dan Thacker represents a union including about 500 school bus drivers and monitors. He said many of them make salaries that would put them near the poverty level, yet roughly 400 are being asked to pay back thousands of dollars.

“Now we want to take $9,000, $10,000 back from them? Where are they going to get it? These are hardworking individuals that did nothing wrong or fraudulent. They simply did exactly what was urged for them by the Missouri Department of Labor.”

St. Joseph Republican Bill Falkner said any legislative action will have to balance the waiving of repayment by Missourians with protecting businesses, as some of these overpayments are charged to them.

“There’s consequences to every action that we want to do … we have to keep in mind what we can do for those businesses to protect them so we’re not asking them to pay for a mistake,” said Falkner.

Committee members also spoke directly to Missourians during the hearing. Cupps said the repayment situation is adding to already heightened stress for struggling Missourians. He wants them to know he and other legislators are paying attention, and are looking for a solution.

“There’s somebody that could get a letter in the mail that could say that they owe the state $7,200 back, and there could be divorces because of this,” said Cupps. “I want people to know this: do not do anything dumb because the state has sent you a letter that says you owe them money. Don’t do it. If you’re stressed out about it stop being stressed.”

Representative Jered Taylor chairs the House Special Committee on Government Oversight (photo: Tim Bommel, Missouri House Communications)

Liberty representative Mark Ellebracht (D) asked Hui whether it makes financial sense for Missouri to seek these repayments.

“If all of these people begin to appeal … how much money are we looking at spending here … are we tripping over the dollars to get to the dimes when it comes to actually recouping this money?”

Hui told the committee that Missouri is on pace to need a loan to support the state’s unemployment trust, likely by around June. She did not offer a projection of how great that loan might be. She said this could cause employers to have to pay more, as that loan is repaid.

Witnesses and lawmakers alike suggested that repayment decisions have seemed arbitrary and inconsistent, with some people being ordered to pay back only federal funds, some to pay back only state funds, and some told to pay everything or nothing.

Three Democrats have filed bills to address unemployment relief overpayments: Clemens, LaKeySha Bosley (St. Louis), and Peter Merideth (St. Louis). The committee’s chairman, Jered Taylor (R-Republic) and Representative Cupps are developing proposals.

New law will affect school start dates beginning next year

Some schools will be starting classes later under a bill signed into law last month by Governor Mike Parson (R).

Representative Jeff Knight (photo by Tim Bommel, Missouri House Communications)

Missouri law has allowed school districts to begin classes up to ten days before the first Monday in September, but an earlier start date could be set if a district’s board approves it in a public meeting. A provision in House Bill 604 repeals that provision, and allows districts to set start dates no earlier than 14 days before the first Monday in September.

The provision was proposed by Lebanon Republican Jeff Knight, who said earlier start dates hurt two of the state’s top industries: tourism and agriculture.

“The tourism dollars that are lost in August because these schools start earlier and earlier and earlier was becoming significant,” said Knight. “There was some opposition from a lot of school groups talking about local control, but at the same time, we need those revenues to help fund schools.”

Knight said at least one study found a 30-percent decrease in July and August lodging tax collections at the Lake of the Ozarks over the last decade. He compared that to changes in school start dates and saw that in that time, many districts that had been starting after Labor Day ten years ago were now starting around the second week of August.

“Big Surf water park testified during the committee that they actually closed the Big Surf water park last year August 13. It wasn’t because people quit coming to Big Surf, it was more that all of their workers and employees were going back to school,” said Knight.

Knight said agriculture is also affected as students who would be working on farms are pulled away for classes during potential harvest periods.

“There are still people in our area, with the drought earlier last year and the rain situation of early this year, there’s still people cutting hay right now,” said Knight.

Knight said what can’t be measured in dollar amounts or percentages are the family vacations that might be altered by earlier start dates, and the memories and experiences families could be having together by being allowed more time in the summer months. He said for many families, taking vacation in the spring simply isn’t as appealing.

“[School districts who opposed the change] would argue that we get out in the middle of May and you can make up for tourism in that, and my response was, ‘Have you ever jumped in the lakes or the rivers in the middle of May?’ They’re extremely cold … where in August, it’s still extremely hot.”

Knight, who is a former educator, said extending the start date cutoff from 10 to 14 days means districts can still start reasonably early.

“Ten days before the first Monday is a Friday. Well, it doesn’t make a whole lot of sense to start school on a Friday. 14 days means you can start on a Monday, but you still gain, in some years, an extra weekend, and in some years, depending on how the holiday falls, two weekends,” said Knight.

The provision of HB 604 regarding schools’ start date doesn’t affect districts until the start of the 2020-21 school year.