House votes to condemn Missouri high court’s 1852 decision in Dred Scott case

The Missouri House has voted, in the presence of one of Dred Scott’s descendants, to denounce the 1852 decision  by the Missouri Supreme Court to deny Scott his freedom.

Representative Mike Moon (right) is joined by Lynne Jackson, the great-great-great granddaughter of Dred Scott. (photo; Tim Bommel, Missouri House Communications – click for larger version)

In that case, Scott vs. Emerson, Scott sought judgement that he, his wife, and their two children were free because they had lived in the free state of Illinois.  The Missouri Supreme Court overturned a lower court’s ruling in Scott’s favor and said the family was not free.

Scott went on to sue a New York man who succeeded Irene Emerson in ownership of Scott’s family.  That case, Scott vs. Sanford, is better known as it reached the U.S. Supreme Court, which also found against Scott.

Ash Grove Republican Mike Moon offered House Concurrent Resolution 86, which condemns the Missouri Court’s ruling.  He did so at the request of Scott’s great-great-great granddaughter, Lynne Jackson, who was in the House when HCR 86 was brought up.

“I was honored to be able to bring this resolution.  I don’t know why they asked me, but Miss Jackson, thank you,” said Moon.  “I’m extremely grateful … to be included in this process to condemn the Missouri court decision of 1852 … for all of us working with the lady from Dred Scott’s ancestry, Lynne Jackson, for abiding by her wishes.”

Ballwin Republican Shamed Dogan said the Missouri high court’s ruling, and that of the U.S. Supreme Court after it, made worse more than a century of debate over the status of people of color in the United States, and said for the legislature to pass HCR 86 is an important step.

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

“Denouncing that decision, denouncing the words within that decision – the words which helped to, for more than a century after those words were put forth by the Supreme Court as the law of the land, that helped to establish the foundation for Jim Crowe, for all kinds of other injustices done towards not just people of African descent but other people who were treated poorly by this country – we can take one small step by passing this resolution,” said Dogan.

Ferguson Democrat Courtney Allen Curtis offered an amendment to HCR 86 that he said tweaked the wording, at the behest of Jackson, to make sure the resolution reflected her spirit of reconciliation.

“I’m honored to be a part of this because it’s not every day that I move forward in the spirit of reconciliation, but to know that there are people out there that are better than me that are, it makes me look at my actions and what I do and ask if I’m doing the right thing … I’m glad that she did bring this to us,” said Curtis.

Jackson said for the legislature to be willing to say that the Missouri court’s 1852 decision was wrong is all she wanted.

Representative Courtney Allen Curtis (photo; Tim Bommel, Missouri House Communications – click for larger version)

“The difference is that the U.S. Supreme Court decision was overturned by the 14th Amendment, but Missouri never dealt with the fact that they said times are not as they once were when we made [decisions in trials prior to Scott’s that granted freedom to people who had been slaves], therefore we’re not going to let you have your freedom – it was just a political motion, that’s all it was, to save the institution of slavery – so the fact that they’re just acknowledging that it’s wrong is important,” said Jackson.

“I also think it may have a more spiritual connection.  It might be just the mere fact that sometimes when people say, ‘I’m sorry,’ that everything changes.  You can reestablish relationships.  When people say, ‘I forgive you,’ when they acknowledge they’re wrong, it’s easier to get back and have that relationship with people,” said Jackson.

Jackson thanked Moon and the other representatives that worked and voted for HCR 86.  The House voted 134-2 to send that resolution to the Missouri Senate.

Moon expressed hope that the resolution will pass this year because July 9 is the 150th anniversary of the 14th Amendment, which overturned the U.S. Supreme Court’s decision in Scott vs. Sanford.

House proposes increase in state aid to sheltered workshops

The Missouri House has voted to increase state financial support to sheltered workshops.

Representative Rory Rowland’s has a son, JP, who has Down syndrome and loves working in a Kansas City-area workshop. (photo; Tim Bommel, Missouri House Communications – click for larger version)

House Bill 2644 would increase from $19 to $21 dollars the amount the state pays to workshops for every six-hour or longer day worked by a handicapped employee. Backers say the boost would give those workshops and their employees more financial stability, while reaffirming the state’s support for them and the work they do.

HB 2644 is sponsored by Representative Rory Rowland (D-Independence), whose son JP has Down syndrome and works in a Kansas City-area workshop.

“I want to thank everyone in this body for your kindness and support of this,” an emotional Rowland told his House colleagues. “This means so much to my family [and] my son.”

Many lawmakers spoke while HB 2644 was before the House about the workshops in their districts and what those mean to their communities, and their employees.

Representative David Wood (R-Versailles) has been on the board of directors for a workshop in his district for more than 30 years. He said the employees of that workshop would rather be there than have a day off even on holidays.

“You see these workers not grumbling about being there. They want don’t want to take off. They want to be at work. They want the socialization. They want to feel a worth,” said Wood. “When you’re packaging something that they can go to Wal-Mart and see on the shelf and say, ‘Hey, I packaged that. I did that work,’ it gives them a feeling of self-worth that nothing else can.”

Representative Richard Brown (D-Kansas City) is the parent of a daughter with cerebral palsy who died at the age of 15.

Representative David Wood has been on the board of directors for a sheltered workshop for more than 30 years.  (photo; Tim Bommel, Missouri House Communications – click for larger version)

“As a parent I often wondered, ‘Where would my child be able to go to work?’” Brown told his House colleagues. “A lot of the kids that she went to school with, they work at a sheltered workshop in my district called Southeast Enterprises, and when I look at kids like Dwayne Bell or Tiffany Johnson I see the joy that comes from their heart from going to work every day and having the ability to maintain a job and having a sense of purpose and a sense of self-worth from doing a job each day.”

Hermann Republican Justin Alferman said the value of workshops doesn’t only come from what they mean to their employees. He spoke about a component for air conditioner compressors that is made at a workshop in his district.

“It’s not just about giving these individuals a job. They are huge economic drivers of our communities,” said Alferman.

Wood said because of a combination of lagging state support and a pencil producer moving its operation from his district to the country of Mexico, the workshop he sits on the board of had to cut 45 of its employees.

“The state aid is extremely important. This is an extremely important program to the State of Missouri. They do work that you wouldn’t believe,” said Wood.

Rowland and other lawmakers thanked Majority Floor Leader Rob Vescovo (R-Arnold) and House Speaker Todd Richardson (R-Poplar Bluff) for their support of the legislation.

HB 2644 goes to the Senate with less than two weeks left in the legislative session, but Rowland is optimistic that because of its subject matter it will receive enough attention to pass before the session’s end.

Earlier story:  Effort to reaffirm House support for sheltered workshops led by lawmaker whose son works in one

Budget proposal maintains House’s steep cuts to DHSS after dispute over virus data

House and Senate conferees have agreed to a budget that would make significant cuts in the Department of Health and Senior Services’ director’s office.  House members say that department is needlessly withholding information about a virus outbreak that killed two people in Missouri, including one state employee.

House Budget Committee Chairman Scott Fitzpatrick (in foreground, right) and Senate Budget Committee Chairman Dan Brown (foreground, left) speak to Senator Jamilah Nasheed while House Budget Committee Vice Chairman Justin Alferman (top, center) speaks to Senators Dan Hegeman (top left) and Kiki Curls during a break in the conference committee hearing Monday. Those senators had concerns about Reps. Fitzpatrick’s and Alferman’s intentions to cut money that amounts to the salaries of several people in the Department of Health and Senior Services’ Director’s office, including the director. (photo; Mike Lear, Missouri House Communications – click for larger version)

The conference committee agreed to cut money equal to the salaries of eight positions in the director’s office, including the director.

House Budget Committee Vice Chairman Justin Alferman (R-Hermann) is one of several lawmakers who have asked how many people in Missouri have tested positive for the antibodies to the Bourbon virus.  The House has also subpoenaed the Department seeking that information, and the Department still hasn’t provided it.

The Director of the Department of Health and Senior Services, who had not appeared before the House Budget Committee for any of its public hearings, did appear before the conference committee between House and Senate members that met Monday night to agree on a budget proposal for both chambers to vote on this week.  Dr. Randall Williams maintains he can’t release what Alferman and others are asking for.

“Missouri law and HIPAA are very clear that if I provide information that can identify you in a small sample size, [that’s a violation],” said Williams.

The Department’s General Counsel, Nikki Loethen, told the committee, “The issue here is that there is already significant information already available regarding who was tested and with all of that information that’s already available, for us to disclose the information that [lawmakers are asking for] could lead to the identification of individuals.”

Alferman said the Department’s argument that the information could lead to the identification of individuals is “ridiculous.”

Some senators on the conference committee wanted to restore what they called “drastic” cuts to DHSS, but Alferman and House Budget Committee Chairman Scott Fitzpatrick (R-Shell Knob) did not want to back down.  Alferman had already agreed to reverse another of his amendments in response to the situation that shifted control of the state health lab from DHSS to the Department of Public Safety.

“I don’t know how I’m supposed to negotiate with someone who doesn’t come to the table,” said Alferman about the Department.

Fitzpatrick noted that Williams was once before at the center of a controversy with serious implications for public health.

In 2016 Williams, while the public health director for the State of North Carolina, joined another state official in rescinding a “do not drink” notice regarding well water potentially contaminated by coal ash.  The state’s toxicologist at the time said North Carolina was telling people the water was safe when it knew it wasn’t, and went so far as to accuse other state officials of “playing down the risk.”

“It would just seem to indicate that there’s a pattern of behavior that Dr. Williams has made a controversial decision in the past,” said Fitzpatrick.  “I just don’t think that allowing that to continue to happen in Missouri is a good idea.”

Democrats who opposed the cuts to DHSS noted the positions cut in the Director’s office would include the lawyers who interpret for the Department how it must act to comply with state and federal laws.

“I do find it concerning that when we ask the Department to interpret laws, both federal and state, and then they interpret it, if we disagree with their interpretation that we’re then going to cut their funding, of the very people who makes those interpretations,” said Springfield representative Crystal Quade (D).  “We’re dealing with very sensitive information and very dangerous, life-threatening things, often, with these viruses, and it’s important that we are following the law accordingly so that we can make sure people are protected, so it was concerning to me that was the decision of the committee.”

Fitzpatrick noted that the cuts would remove 8 people from a department of more than 1,700 employees.

“I doubt those eight people are going to make it impossible for the mission of the Department of Health and Senior Services to be met.  I think if anything, several of those people were part of obstructing the General Assembly from finding the information that I think [it’s] entitled to,” said Fitzpatrick.

Backers of the cuts said they are concerned about the safety of the public, and that includes Missourians knowing whether they should be concerned about a bourbon virus outbreak.

“I can’t go home and confidently tell my constituents that I believe that the state department of health is working on their behalf when they shut me out and shut all the members of the House out completely,” said Alferman.

The House and Senate are expected to vote Wednesday on the budget proposal for the fiscal year that begins July 1.  The deadline for the legislature to submit a budget proposal to the governor is at the close of business on Friday.

Fitzpatrick said he would consider restoring the money for those positions if the Department gives the House the information it has asked for, but the next opportunity to do that would likely not come until work begins on a supplemental budget bill in January of 2019.

Earlier story:  House Budget Committee adopts stiff cuts to DHSS over Bourbon virus data dispute

House approves limited medical marijuana proposal

The Missouri House has voted to allow those suffering from terminal and debilitating conditions to use medical marijuana.  The proposal now goes to the state Senate for consideration.

Representative Jim Neely sponsored HB 1554, a medical marijuana proposal, that the House sent to the Senate on May 1, 2018. (photo; Tim Bommel, Missouri House Communications – click for larger version)

House Bill 1554 would expand on a law passed in 2014 that allows the use of a cannabis extract, cannabidiol (CBD) oil, to treat intractable epilepsy.  If HB 1554 became law, a patient suffering from conditions including cancer, HIV, Parkinson’s disease, multiple sclerosis, and post-traumatic stress disorder could use medical marijuana if a doctor signs a statement saying he or she could benefit from its use and that all options approved by the Food and Drug Administration have been considered.

The House voted 112-44 to send that bill to the Senate, but some Republicans spoke against IT even though it is sponsored by one of their fellows.

Pacific Republican Kirk Mathews said the legislative process is not the proper way for a drug to be approved.

“I don’t know of any other medicines that become medicine by an act of the legislature versus the process that we’ve gone through for years in the history of our country and medicine in our country, with FDA clinical trials, double-blind studies, etcetera, etcetera,” said Mathews.

He also argued that the bill is too broad in what conditions it would allow medical marijuana to be used for, because it would allow the Department of Health and Senior Services to add conditions to that list if at least ten physicians sign a petition calling for it to be added.

“We don’t know what conditions we are allowing this to be used for if we pass this bill,” said Mathews.

Representative J. Eggleston (R-Maysville) said passing HB 1554 would send Missouri down a similar path to that the nation has taken with opioids.  Those are now seen as the crux of a health crisis, but they started off as a way to treat pain.

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

“Surely the companies behind them would only care about relieving others’ pain and doctors would only prescribe for that reason, and the recipients would only use them for that reason and not use them for that reason and not use them for recreational fashion, and surely it wouldn’t get away from us to where other people would rob medicine cabinets or things like that, and yet all of that stuff is happening.  Now we’re having to deal with the aftermath of those unintended consequences,” said Eggleston.

The bill was sent to the Senate on the strength of bipartisan support.  Representative Clem Smith (D-Velda Village Hills) told bill sponsor Jim Neely (R-Camdenton), who is a doctor, that he hoped the bill would become law.

“I know in your career you’ve seen a lot of different things, seen a lot of people that have been impacted, and maybe in your thinking, you’re like, ‘Hey, this might help them get through life or increase their standard of living,’ so just wanted to thank you for it,” said Smith.

The bill also earned support from some in House leadership, including the Majority Floor Leader, Rob Vescovo (R-Arnold).

“I think [Representative Neely] has done a fantastic, fabulous job, channeling this down to what the members of this body wanted to see,” said Vescovo.  “I’m going to go ahead and cast my vote for the terminally ill in my district and across the state.”

HB 1554 goes to the Senate with less than three weeks remaining in the legislative session.

Earlier stories:  

Missouri House considers legalizing medical use of marijuana

Bill to legalize limited medical marijuana heard in House committee

Missouri legislature votes to ease regulation of hair braiders, curb future business regulations

Legislation aimed at decreasing regulation of Missouri businesses has been approved by the General Assembly.

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

The state House voted Tuesday for the final passage of House Bill 1500, which started off as a bill to ease regulations of hair braiders, but added to it is language that will make the state think twice about imposing regulations on new professions.

In order to charge for braiding someone’s hair in Missouri a person must undergo 1,500 hours of training to obtain a cosmetology license.  The sponsor of HB 1500, Ballwin Republican Shamed Dogan, said that training does not cover hair braiding.  Dogan said that’s overly burdensome on people who often learn braiding as a practice handed down by family through generations.

“I’m very grateful that we’re going to be able to take hair braiding from a 1,500 hour license requirement to merely four to six hours of watching an instructional video on health and safety,” said Dogan.

Critics of an earlier version of HB 1500 said they were concerned hair braiders whose training was not extensive enough could pose health risks, including that they would not be able to recognize diseases involving the scalp and could spread those conditions.

HB 1500 now requires that a hair braider watch a four-hour video on health and safety.  House Democrat Leader Gail McCann Beatty (D-Kansas City) said she would have liked more hours to be required, but is glad that is a requirement and not optional, as it was under an earlier version of the bill.

“I think the definition of a good bill is one that no one is totally happy with,” said McCann Beatty.

The Senate added to House Bill 1500 the language of House Bill 1928, sponsored by Yukon Republican Robert Ross, which aims to discourage unnecessary state regulation of businesses.  The bill also lays out what considerations must be made before a regulation is imposed.

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

“This bill will require that we look through and actually quantify the risk that is going to exist to the public in the operation of this unlicensed profession and why we, as a state, would need to step in and regulate that,” said Ross.  “It also states that … if we’re going to impose regulation on this that we should start with the least restrictive form of regulation, and then based on that risk to the public, then move that up.”

“That will fulfill the promise that many of us – most of us – have made, to reduce regulations,” said Representative Keith Frederick (R-Rolla) of Ross’ language, “and the best way to reduce them is don’t put them in place in the first place unless they’re really essential.”

Kansas City Republican Kevin Corlew encouraged his colleagues to vote for HB 1500 as it returned from the Senate.

“I think this bill enables small business and entrepreneurs to do what they love to do, to do something that they’re good at and to make a living out of it.  This is a bill that enables government to get out of the way, cut unnecessary red tape, and allow entrepreneurs to do their craft,” said Corlew.

With the House’s 137-11 vote on Tuesday the legislation is now ready to be delivered to Missouri’s governor.

Missouri House votes to give judges more freedom from mandatory minimum sentences

The Missouri House has voted to give judges more flexibility in sentencing by easing Missouri’s mandatory minimum sentencing laws.

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

House Bill 1739 would allow judges to issue sentences below those minimums except in crimes that involved the use, attempted use, or threat of physical force, or certain non-consensual sex crimes against a minor.  A case would have to have a “substantial and compelling” reason the minimum sentence would be unjust to the defendant or would not be needed to protect the public.  The House voted Tuesday to send that legislation to the state Senate.

Carthage Representative Cody Smith (R) sponsors the bill.  He said Missouri is on course to need two new prisons that would cost the state more than $485-million over the next five years.

“We don’t have the money to build those prisons and there’s no end in sight to this trend.  If we don’t change the way we treat folks – better distinguish those that we’re mad as opposed to those we’re afraid of, as they say, we’re just going to continue on this trajectory and our incarceration rate is going to continue to climb,” said Smith.

Meanwhile, Smith said, other states where mandatory minimum sentencing laws have been eased have seen crime rates decline rather than increase.

He said nothing about HB 1739, which he calls the “Justice Safety Valve Act,” prevents a judge from handing down a sentence that follows those minimum sentencing laws.

“If it’s a bad guy in front of the court and the judge wants to throw the book at him, he can absolutely do that,” said Smith.

Representative Bruce Franks, Junior (photo; Tim Bommel, Missouri House Communications – click for larger version)

Support for Smith’s bill came from both sides of the aisle, with several lawmakers including Representative Bruce Franks, Junior, (D-St. Louis) saying it is a reversal on what they called a “failed” war on drugs.

“We are finally getting to a space where we can have this bipartisan effort and this bipartisan push towards criminal justice reform; towards keeping folks out of the system that can be rehabilitated and need the help,” said Franks.

Pacific Republican Paul Curtman argued there should be no minimum sentences for any nonviolent crime.

“I think that we need to make sure that we let judges be judges, and that involves us respecting the separation of powers and letting judges look at each case-by-case scenario.  Somebody carrying a block of heroin down the street might be entirely different from the next person who comes along and the reasons they were carrying a block of heroin down the street,” said Curtman.

Legislative projections are that HB 1739 would save the state more than $3-million a year by the time it is fully implemented in Fiscal Year 2023, by decreasing the number of people incarcerated in state prisons.  That does not account for what the state would save if it does not have to build and maintain those two new prisons.

The House voted 148-0 to send the proposal to the state Senate.

Missouri House votes to block public contracts with companies that boycott Israel

The Missouri House has voted to bar the state and its local governments from entering into contracts with companies that are participating in a movement to boycott Israel.

House Speaker Todd Richardson (photo; Tim Bommel, Missouri House Communications – click for larger version)

House Bill 2179 would prevent any public entity in Missouri from doing business with any such company except those owned by a single individual.  The bill is sponsored by House Speaker Todd Richardson (R-Poplar Bluff) and was carried on the House Floor by Speaker Pro Tem Elijah Haahr (R-Springfield).

“There’s a movement across the last couple of decades called the BDS movement – Boycott, Divest, and Sanction Israel – in response to that movement 26 states in this country have passed legislation to reiterate their ties to work with the Nation of Israel, Missouri being one of those states that should adopt this,” said Haahr.

Haahr said the legislature should pass HB 2179 because of Missouri’s economic ties to Israel.

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

“We do millions of dollars in economic development.  We’ve created hundreds of jobs in Missouri as a result of our trade partnership with them.  We have a trade location in Israel.  We’ve had at least six Israeli companies move to St. Louis, Missouri, as startups because of our trade relationships,” said Haahr.

St. Louis Democrat Bruce Franks, Junior, said many Missourians won’t like that the bill would discourage companies from boycotting Israel even if those companies’ leaders hold strong or personal beliefs about that country’s policies.

“There are a lot of people that … a lot of people in Missouri … that feel as if the Palestinians are being persecuted – being treated terribly – by Israel,” said Franks.

Some Democrats argue HB 2179 would be unconstitutional, saying it would infringe on free speech.  St. Louis representative Peter Merideth (D) said the ruling by the Kansas Supreme Court regarding a similar law in that state proves that point.

“It’s without a doubt a restriction on speech in our state.  The [Supreme] Court has established that.  The Kansas court said it emphatically – this is a violation of the First Amendment.  They made no distinction between a sole proprietor and a business, and our Supreme Court has actually said the First Amendment applies equally to corporations as it does to individuals,” said Merideth.

House Speaker Pro Tem Elijah Haahr (photo; Tim Bommel, Missouri House Communications – click for larger version)

Speaker Richardson said the bill does not infringe on anyone’s right to free speech or on a corporation’s ability to boycott Israel, and said the Kansas ruling has no bearing on HB 2179 because what it proposes would not extend to individually-owned operations.  Kansas’ law did extend to sole proprietorships and was challenged by one such entity.

“Can we stop using the Kansas decision as some sort of definitive precedent that this is unconstitutional?” asked Richardson.  “I refer to it as the Kansas boogeyman:  ‘This is like Kansas!  This is like Kansas!  This is like Kansas!’  We’re not Kansas, and I don’t want to have a law that’s overly broad here just like I don’t want to have tax policy in Missouri that’s exactly like Kansas, but using the straw man of saying everything we do out here is Kansas, therefore we can’t do it, is disingenuous on this bill because it’s not the same.”

The House voted 111-35 to send HB 2179 to the Senate.

House members prepare for conference with Senate on FY ’19 budget

Missouri House budget leaders are preparing to confer with their counterparts in the state Senate about the two chambers’ respective budget proposals.

House Budget Committee Chairman Scott Fitzpatrick (left) fields questions from reporters as House Speaker Todd Richardson (R-Poplar Bluff) listens. (photo; Tim Bommel, Missouri House Communications – click for larger version)

The House last month passed the 13 bills that make up the proposed state budget for the fiscal year that begins July 1.  Its plan laid out more than $28-billion in spending.  The Senate spent the last month going over that plan and making changes to it, and this week endorsed its own proposal totaling more than $28.6-billion.  Now the two chambers will have to work out an agreement between the two versions that can be sent to the governor by May 11.

“[The Senate] spent a little more money than we did but I think that they have a good budget plan that is workable for conference,” said House Budget Committee Chairman Scott Fitzpatrick (R-Shell Knob).

Of the more than $570-million dollar difference between the two chambers’ spending plans, roughly $261-million comes from the Senate proposing spending in the Fiscal Year 2019 budget that the House plan would address in a supplemental budget early in calendar year 2019, when better data would be available on how much must be spent in some cases.

As far as the various components of the budget, Fitzpatrick said the greatest difference between the two chambers’ proposals in terms of dollars is in what each would spend on K-12 education.  Full funding for the K-12 education formula in Fiscal Year 2019 would be about $99-million.  The House proposed that, while the Senate took the position found in the governor’s budget proposal of spending $48-million.

“[The Senate] did use some of that money within House Bill 2002, which is the education budget bill, so we have the flexibility of moving some of that around,” said Fitzpatrick.  “It’s not a secret that one of my top priorities is fully funding the [K-12 education funding] formula and keeping our commitment on the pre-K expansion that most of the members that are serving today made a few years ago, that once we fully funded the formula that that expansion would be available.”

The top Democrat on the House Budget Committee, Representative Kip Kendrick (Columbia), said the Senate’s proposal for K-12 education funding is concerning and House members would work to maintain its position on that.

“I was happy to hear the chairman of the committee, Representative Fitzpatrick, talking about making sure that we’re going to hold that line, and I can tell you that we’re going to do whatever we can to hold that line for the foundation formula to make sure that we get back to that $99-million mark,” said Kendrick.

One issue that has already been settled is that of higher education funding and limiting tuition increases at all but one of the state’s publicly-supported colleges and universities.

The House chose to restore $68-million to higher education support that the governor proposed cutting, but only if institutions agreed not to increase tuition by more than one-percent in fiscal year ’19.  Those institutions agreed except for Missouri Southern in Joplin, which House members agreed is in a financial situation dire enough that they were allowed to opt out.  The Senate proposal has upheld that plan.

“It wasn’t something that the House could do on [its] own so we appreciate the Senate working with us on accomplishing that,” said Fitzpatrick.  “I think it will result in a positive outcome for the families and students who pay tuition in the State of Missouri.”

Kendrick is also glad to see that plan preserved but has some concern with the Senate breaking out funding for special initiatives at colleges and universities, which typically go toward projects including construction and expansion.  The House had rolled the money for those items into the core allocation for institutions.

Representative Kip Kendrick is the ranking Democrat on the House Budget Committee. (photo; Tim Bommel, Missouri House Communications – click for larger version)

“Those received additional funds but I have concerns that those have been line-itemed back out rather than wrapped up in the core.  [The House] moved them into core to protect those lines.  We have some concerns that with them being separated out that they become more vulnerable for complete withholds or vetoes – just more vulnerable out there standing alone – so we’ll do what we can to move those back into the core,” said Kendrick.

Kendrick is also concerned about more than $4-million that the Senate proposed moving out of funding for treatment courts in Missouri – those are drug courts, mental health courts, and veterans courts.

“[Those are] services that have been proven very effective in reducing recidivism rates.  The actual recidivism rate for an offender coming out DOC is about 50-percent recidivism; treatment courts is around 15-percent recidivism,” said Kendrick, who has personally worked with people going through mental health courts.  “It does keep people out of prison.  It keeps them in services, making sure that they are properly rehabilitated and receiving the services they need.”

Kendrick wants to see the House work to hold its position on the support for treatment courts.

Other differences between the House and Senate spending proposals that either Fitzpatrick or Kendrick highlighted concern funding in the social services budget for nursing homes; whether state-appropriated money can be used for DUI checkpoints; funding for autism services; and increases in state employee pay, including a Senate proposal to boost pay specifically for corrections officers – a proposal Fitzpatrick said the House would try to find a way to concur with.

Fitzpatrick will begin next week meeting with his Senate counterpart, Senator Dan Brown (R-Rolla), and each chamber will begin selecting members for committees that will meet to negotiate compromises on each of the 13 budget bills.

Missouri House considers legalizing medical use of marijuana

The Missouri House is one vote away from proposing that Missouri legalize the medical use of marijuana by people suffering from certain terminal or debilitating conditions.

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

House Bill 1554 would expand on a law passed in 2014 that allows the use of a cannabis extract, cannabidiol (CBD) oil, to treat intractable epilepsy.  If HB 1554 became law, a patient suffering from conditions including cancer, HIV, Parkinson’s disease, multiple sclerosis, and post-traumatic stress disorder could use medical marijuana if a doctor signs a statement saying he or she could benefit from its use and that all options approved by the Food and Drug Administration have been considered.

The bill is sponsored by Representative Jim Neely (R-Cameron), who is also a doctor.

“There’s a lot of people in my world, from the hospice and the long-term care world, that feel that this would be appropriate for people to ease the pain, suffering, and the side-effects of the opioids and this might be the best way to go,” said Neely.  He said the bill would give people, “another option at the end stages of life.”

House members including Travis Fitzwater (R-Holts Summit) spoke about loved ones that might benefit from the legislation, such as his mother and sister who have multiple sclerosis.

Fitzwater said their neurologist, who he knows and trust, has said they should have the option of using marijuana for pain treatment.

“I trust his opinion.  He went to medical school.  He knows what he’s talking about.  He’s spent his career focused on multiple sclerosis and his patients are mainly multiple sclerosis patients,” said Fitzwater.  When he tells me that … [my] mom or [my] sister should have the option to come to their neurologist and discuss treatment options for pain – and this is a gentleman who is as professional as anybody I’ve ever met – they ought to have that opportunity.”

“Patients that have these debilitating diseases ought to have an option … when the doctors agree and there are professionals involved that know more about what’s going on with those patients than we do,” said Fitzwater.

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

Representative Gina Mitten (D-St. Louis) said a colleague of hers who is a practicing attorney must break her oath to uphold the law by using marijuana to treat her epilepsy, rather than use the prescription drugs that caused her to have a psychotic episode among other side effects.

“How is it that it’s okay to have to spend a night, or two nights, or three nights in a hospital due to medication that’s been prescribed and creates all kinds of other side effects, as opposed to something that we know in other states has worked very well for this disease?” asked Mitten.

Pacific Republican Paul Curtman sponsored adding PTSD to the legislation.  He described what he knows some of his fellow comrades in the Marine corps faced, and said leaving this issue facing veterans out of the bill would be a “travesty.”

He spoke about a fellow Marine from Missouri whose experience overseas included having to routinely wash the blood of friends out of the back of a Humvee.  Curtman said the man was prescribed by the Veterans’ Administration drugs that had numerous side effects.  For a time he used marijuana and that worked for him, but he was arrested and forced to return to the drugs prescribed by the VA.

“The VA came by and said if you ever [use marijuana] again you’re jeopardizing your ability to use any of your VA benefits.  So, after being on house arrest for a while with the VA checking up on him to make sure that he was taking the synthetic drugs that the VA wanted him to take, his father came home just a few weeks later only to find that his son had put a gun to his head and pulled the trigger,” said Curtman.

Under the bill the Missouri Department of Health and Senior Services would issue medical cannabis registration cards to approved patients, or to parents in the cases of minor parents.  The bill would only allow the use of smokeless forms of marijuana.  HB 1554 also lays out how marijuana could be legally cultivated by licensed growers under the supervision of the Department of Agriculture.

Another favorable vote would send the legislation to the Senate.  Two years ago the House rejected a bill that would have asked voters whether to legalize the limited, medical use of marijuana.

House approves bill backers say would reduce prescription drug costs

The Missouri House has approved a bill that backers say will save Missourians money on prescription drugs.

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

The sponsor of House Bill 1542, Representative Lynn Morris (R-Nixa), has been working at his pharmacy since 1977.  He said what many don’t know is that pharmacy benefits managers have pharmacists sign agreements that prevent them from telling customers when a drug’s out-of-pocket cost is less than the copay on their insurance plans, unless the customer asks about it.  Morris said that almost never happens because customers assume the cost through their insurance plans or networks will be the cheapest to them.

HB 1542 would eliminate those agreements, which Morris called, “gag orders.”

“Pharmacists want to tell the patient how to save money.  It’s extremely important to pharmacists to help those people,” said Morris.  “We owe it to our customers, we owe it to our patients, to always give them the best price, and these PBMs have forced us not to do that.”

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

The bill was broadly supported, having been sent to the Senate on a 138-7 vote.  Representative Tracy McCreery (D-St. Louis) said there should be nothing keeping pharmacists from being up front with customers.

“This bill is actually one of them that goes straight to the heart of addressing concerns that a lot of our constituents have, which is the rising costs of prescription drugs, and what they need to do in order to use their money most efficiently,” said McCreery.  “Pharmacists are a trusted profession – poll after poll shows that – and I think it’s shameful that pharmacists have been put in a position where there’s a gag order and they’re unable to capitalize on that trusted position.”

Morris said pharmacists agree to these “gag orders” as part of the contracts they sign with those managers.  Without signing such a contract a pharmacist cannot participate in the insurance programs handled by that manager.  He said that’s an issue for any pharmacist, but it’s especially critical for rural pharmacists, for whom the loss of any part of a customer base could mean closing the business.

Other provisions in HB 1542 would bar benefits managers from charging what Morris called “clawback” fees, or any fees related to a claim that has not been disclosed up front.  It would also prohibit benefits managers from keeping pharmacists from making statements to government officials or committees.

HB 1542 has been sent to the Senate.  Morris said similar legislation has been passed in other states or is pending.