House Budget Chairman: audit ‘confirms’ legislative criticism of former governor’s use of taxpayer money

A recent report from Missouri Auditor Nicole Galloway (D) found that former governor Jay Nixon (D) overspent on his office and used taxpayer money for personal food and security.

House Budget Committee Chairman Scott Fitzpatrick (photo; Tim Bommel, Missouri House Communications)

The audit said Nixon delayed paying bills and shifted costs to other government agencies – practices legislative budget makers in both parties often criticized Nixon for.

“It wasn’t a secret that Governor Nixon had taken liberties with the Constitution and the appropriations bills that we had passed,” said Missouri House Budget Committee Chairman Scott Fitzpatrick (R-Shell Knob).  “[Auditor Galloway] basically just confirmed what we’ve already been saying for the last several years.”

The audit found that, for example, flights by Nixon or his staff were paid for by the Department of Economic Development, though not all business on those flights was related to DED and Department officials often weren’t on those flights.

Fitzpatrick, who began serving as budget chairman in August, 2016, said this year’s state spending plan aims to prevent future governors from using similar tactics.

“One of the things that we did this year … was to take the places where the Nixon Administration has been skimming money off the top of appropriations to fund the operation of his office and go ahead and consolidate those into transparent appropriations,” said Fitzpatrick.

Those changes were made under a Republican-controlled legislature even though a Republican – Eric Greitens – is now governor.  Fitzpatrick said he wants to see all future governors prevented from similar uses of state dollars.

“If any governor, regardless of their party, goes beyond their constitutional authority to work within the appropriations and the appropriations language that we give them, then I think it’s incumbent on a legislative branch to bring that into check,” said Fitzpatrick.

Fitzpatrick said Governor Greitens’ staff was very “cooperative” in making those changes in the budget, and he hopes the Greitens administration will never get to the point at which the legislature must respond to inappropriate use of state dollars.

Fitzpatrick believes the state Constitution is clear regarding how the governor’s office can and cannot use tax dollars.  He thinks previous budget chairmen and legislatures were not stern enough in taking Nixon to task over the practices found in the audit.

“The executive branch has been willing to overstep their boundaries and their constitutional limitations, but the legislative branch has been not really willing to react to that and create consequences that were strong enough to discourage the behavior from continuing into the future,” said Fitzpatrick.  “If we see that again, my position is that we should create consequences that would really reduce their desire to go beyond their authority.”

The current state budget became effective July 1.

House champion of prescription drug monitoring praises governor’s program, says hers is still needed

Missouri now has a prescription drug monitoring program but it’s not the kind of program one state legislator has been proposing for years, and she says hers is still needed.

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

Representative Holly Rehder (R-Sikeston) calls the PDMP Governor Eric Greitens (R) launched Monday with an executive order, “outside the box thinking,” that will, “work really well.”  She said Missouri counties should not, however, stop pursuing a program like the one she has promoted.

Prior to Monday, Missouri was the only state without a PDMP.  Such programs aim to fight opioid addiction and “doctor shopping;” the visiting of multiple doctors while attempting to obtain as much as possible of drugs to be abused.

Greitens on Monday directed the Department of Health and Senior Services to track the prescribing and dispensing of schedule II-IV controlled substances.  It will look for cases in which such drugs are being inappropriately prescribed or dispensed.

Unlike with Rehder’s proposed plan that data will not be available to doctors so they can look for signs of abuse and act to, among other things, offer help to abusers.

“It’s of the utmost importance, in order to treat addiction – which is at the core of this epidemic – for our medical professionals to be able to see this data.  We need to be able to catch addiction on the front end and that’s what the traditional PDMP does,” said Rehder.  “The executive order is phenomenal – very much outside the box thinking.  I think we’re the only state doing this, which is going to be just an excellent cross check with the PDMP, and so I think with these two programs together we will have an extremely robust system focusing on the opioid epidemic, and so I’m very excited about it.”

Several counties in Missouri, St. Louis County being the first, have adopted their own monitoring programs that are more like those proposed by Rehder.  She said since Monday she has been working to urge other counties not to back down from plans to adopt a program like St. Louis County’s.

“I’ve had to educate many on the fact that these are two very different programs,” said Rehder.  “We had a couple of counties that said, ‘Hey, the state’s executive order gives us a statewide PDMP.’  One even cancelled a meeting for today that was going to approve an ordinance.”

Rehder said around 60-percent of Missouri’s population is already living in an area that has a monitoring program.  She plans to keep urging counties to adopt one, and depending on the success of that effort, she might again propose legislation to create a statewide monitor when the legislature is in session in 2018.

What Missourians need to know about the latest on Real ID

Missourians can keep using state licenses at federal facilities and airports through October 10, but it could be up to two years before Real ID compliant Missouri IDs are available under a law effective next month.

Representative Kevin Corlew (photo; Tim Bommel, Missouri House Communications)

The federal Real ID Act was passed after the September 11, 2001 terrorist attacks.  Missouri in 2009 adopted a law barring compliance with that Act based on concerns about citizens’ privacy because the Act required them to produce source documents to be stored electronically.

The federal government granted an extension giving the state through October to comply with the Real ID Act.  Governor Eric Greitens (R) signed into law last month a bill that would give those Missourians who want Real ID compliant licenses the option of getting one.

The bill’s sponsor, Kansas City Republican Kevin Corlew, said Missouri will continue seeking federal extensions until everything is in place to make compliant IDs available.  He said in considering further extensions the Department of Homeland Security will look for evidence that Missouri is moving toward compliance, and the beginning of implementation of House Bill 151 will provide that.

“We’ll be able to show DHS what the Department of Revenue is doing and the steps that they’re taking to move towards compliance,” said Corlew.

Missouri will need to seek another waiver by January, or at that time current Missouri licenses would not be accepted to get through federal security.

Eventually Missourians who want or need to be able to get through federal security will have to have Real ID compliant licenses.  HB 151 lets those Missourians get such IDs.  Those who don’t need them won’t have to go through the Act’s more stringent proof-of-identity requirements if they don’t want to.

Corlew said it’s not clear how soon compliant Missouri licenses will be available.

“We don’t have an exact timeline but we’re in the neighborhood of about 12 months, probably, from August 28 when [HB 151] goes into effect,” said Corlew.  “Department of Revenue has said even up to two years but I’m hopeful that they’ll be able to roll that out in about a year, but until then we’ll keep seeking the waivers and extensions to make sure that Missouri drivers licenses, as they currently exist, will be proper identification.”

Corlew said there’s nothing Missourians need to do or be concerned about right now, but said those with further questions should contact their local representative or senator, or the Department of Revenue.

Likely fewer DUI checkpoints in Missouri under new state budget

The state budget that went into effect July 1 could lead to fewer impaired driving checkpoints but more periods of increased law enforcement presence on Missouri roads.

Representative Scott Fitzpatrick (photo; Tim Bommel, Missouri House Communications)

Under language the House proposed no money controlled by that budget can be used on checkpoints.  Specifically, $20-million available for grants that law enforcement agencies have used to fund various efforts now cannot be used for checkpoints.

Supporters said data from the Department of Transportation show that periods of having more officers on the roads, often called “saturation efforts,” get more results for the money invested.

MODOT reported that in the year that ended July 1, 2016, saturation efforts resulted in 3,055 arrests at a cost of $704 per arrest, compared 1,201 arrests at checkpoints at a cost of $1,047 per arrest.   Over the three years through July 1, 2016, saturation periods yielded 9,288 arrests at $704 apiece compared to 4,152 arrests at checkpoints costing $919 each.

A comparison by House staff of states in which checkpoints are legal with states in which they are not found that the latter had a slightly lower number of drunk driving fatalities per capita.

House Budget Committee Chairman Scott Fitzpatrick (R-Shell Knob) said the new language was about making the most effective use of Missouri budget dollars and taking the most effective action toward making roads safer.

“I was convinced by the data … that it’s a better use of money, and it saves more lives by getting more drunk drivers off the road and it does so at a lower cost,” said Fitzpatrick.  “From a budgeting perspective it’s hard to argue in any way that checkpoints are the more effective method than saturation patrols.”

Representative Justin Hill (R-Lake St. Louis), a former O’Fallon Police officer, supported the restriction.

“What we’re going to see is better bang for the taxpayer’s buck because when you put an officer out there and say, ‘Go get an impaired driver,’ for four hours, chances are the officer’s going to find one, but when you add all those officers on one single checkpoint … they average anywhere from three to five.  For 20 officers that’s just not effective use of taxpayer dollars,” said Hill.

Representative Kathie Conway (photo; Tim Bommel, Missouri House Communications)

The prohibition was strongly opposed by St. Charles Republican Kathie Conway, who chairs the budget subcommittee on Public Safety.  She argues it’s misleading to say saturation patrols yield more arrests.

Conway said saturation efforts and checkpoints work together, first by publicizing checkpoints on social media and traffic announcements.

“That drives people away from that checkpoint.  Then the saturation on the perimeters of that, because there’s only so many ways to avoid that checkpoint, they catch them,” said Conway.  “So to say they don’t catch people at check points … if you want to get technical about it they’re not, but having that checkpoint they know where the people are going to be going to avoid it.”

From now through June 30, 2018, Missouri law enforcement agencies can still conduct checkpoints, but would have to pay for them through means other than these grants.

Task Force begins work toward finding a solution for Missouri transportation funding

A legislature-created task force has held its first hearing toward the goal of finding a long-term solution for Missouri’s need for transportation funding.

Representative Kevin Corlew (photo; Tim Bommel, Missouri House Communications)

The 21st Century Missouri Transportation System Task Force was created by the adoption of HCR 47, offered by Kansas City Republican Kevin Corlew.  He chairs the Task Force.

“Our roads are crumbling and our constituents are grumbling.  There seems to be a consensus that we need to do something but as of yet there’s been no consensus about what needs to be done,” said Corlew.  “That’s what this task force is about – determining if we have a need and then finding a solution with broad-based support.”

The task force heard a presentation from the Director of the Department of Transportation Patrick McKenna in which he outlined the funding issue facing the state’s transportation system.

“Nearly $55-billion of taxpayer dollars have gone into developing the really extraordinary system that we benefit from today – 34-thousand miles of road and 10,400 bridges that the state owns.  It’s the seventh largest system in the nation and it’s funded at 47th in the nation in terms of revenue per mile,” said McKenna.

McKenna also reiterated what many lawmakers already know about Missouri’s bridges – many are in need of repair.  He said about 1,300 have restrictions on how much weight can be on them because of their condition.  866 more bridges are considered to be in “poor condition.”

“We also have 207 ‘major bridges’ in this state … we define those as greater than 1,000 feet in length … In the next 10-years, with our asset management plan, we know we have to replace or repair 62 of those by age and condition, and we’re funded at about 1.2 a year,” said McKenna.

Missouri Department of Transportation Director Patrick McKenna (photo; Tim Bommel, Missouri House Communications)

Task force members and those who testified, not including McKenna, shared the opinions that have framed the transportation funding debate in recent years.  Some spoke for or against increasing Missouri’s motor fuel taxes.  Others spoke about other possible solutions such as different ways of utilizing the tax money the Transportation Department already receives.  Still others commented on the possibility of public-private partnerships and tolling.

Ron Leone, the executive director for the Missouri Petroleum Marketers and Convenience Store Association, told the committee he didn’t expect it to come up with any new possible solutions beyond those that have been debated before.

“I kinda have a feeling that even though you’re going to be going down this path for the next six, seven months, you’re ultimately going to have just a certain number of tools in your toolbox.  I don’t think you’re going to uncover any silver bullets that no one has thought of to date,” said Leone.

Corlew is more optimistic that the task force could come up with some new possible approaches or combinations of approaches

“I think that every day as technology increases and as people really put their minds together and think creatively that there’s innovation coming out.  We’re seeing it throughout the country, new ways of funding things.  I don’t have a hidden gem right now, but that’s the purpose of this task force – is to get input from the public, to get input from other states, and find out, are there new mechanisms?”  said Corlew.  “I’m not at a place where I’d say we won’t uncover anything new.”

Corlew said one reason he proposed this task force was because the legislature wasn’t making much progress towards a transportation funding solution in recent sessions.

“It’s very important that we take this seriously,” said Corlew.  “The reason why this task force was made up with the people that it is – that is legislators, the governor, the MODOT director, and with private citizens – is that it can be something that not only do we come out with proposals to talk about, but proposals that we as a legislature and the governor’s office can act upon.”

Corlew intends for the task force to have proposals ready for consideration by the legislature in its 2018 regular session.  It will hold more sessions throughout the state in the next few months.

Bill containing several provisions to protect children becomes law

Lawmakers and children’s advocates are praising the signing into law of legislation with several provisions meant to help the state better care for children, including those who have been abused or trafficked.

Representative Diane Franklin chairs the House Committee on Children and Families. (photo; Tim Bommel, Missouri House Communications)

Emily van Schenkhof with Missouri KidsFirst called Senate Bill 160 the best piece of legislation to come out of the 2017 regular legislative session.

“We came together as the General Assembly, outside advocates, [and] the governor’s office to pass some really important legislation,” said van Schenkhof.  “It really was, I think, an example of how when we prioritize children we really can come together to make good policy decisions and makes sure we get things across the finish line that make our state safer for children.”

Van Schenkhof said one of the most important pieces of SB 160 prevented the destruction of some 11,000 records related to cases of children that were abused but the perpetrator could not be identified.  An appeals court ruling put those records in jeopardy.

“That was an extremely time-sensitive piece of the bill,” said van Schenkhof.  “Children’s safety could have been at risk if we didn’t have this information in our system.”

SB 160 was carried in the House by Representative Diane Franklin (R-Camdenton).  She said the ability to retain such records allows investigators to detect patterns in cases of abuse or neglect.

“The first time that, perhaps, it’s reported or it becomes known to the department, the child may be only three months old and it’s just been identified that abuse has taken place.  If we’re not able to retain those records, then let’s say they’re two years old and there’s abuse and we’re not able to see that there’s a pattern in that child’s life of who they’re with that is resulting in harm to the child,” said Franklin.

Another key provision in SB 160 changes the definition of child abuse and neglect to include trafficking.  Van Schenkhof said under state law, the ability for the state Children’s Division to get involved in a case hinged on a perpetrator having care, custody, and control of a child.

“In trafficking cases often times that caretaking role, or that care, custody, and control piece is missing, and so Children’s Division can’t provide the sort of protective interventions that are necessary,” said van Schenkhof.

Franklin said the provision to change those definitions was “paramount.”  It also makes available to Missouri more federal money, and aids in prosecution of both state and federal cases by aligning Missouri’s definition with that of federal law.

SB 160 also establishes the Foster Care Bill of Rights, to establish in law how foster children will be treated and how their rights will be protected.  Another provision allows children entering foster care to be placed with people who are not related to, but have a close relationship with, the child or the child’s family – otherwise known as “kinship placements.”

SB 160 also extends through 2023 the existence of the legislature’s Joint Committee on Child Abuse and Neglect.

Van Schenkhof praised the work done by Franklin on this legislation.

“Diane Franklin was just a rock star.  She worked so hard on this bill.  She really left no stone unturned.  She really understood that kids’ lives were going to be at risk if we were going to lose these 11,000 records,” said van Schenkhof.

Governor Eric Greitens (R) signed SB 160 into law last week.  The provisions dealing with the definitions of abuse and neglect and with retention of abuse records became effective immediately.

Note:  Emily van Schenkhof’s last day with Missouri KidsFirst was last week.  In July she begins work as the Executive Director of the Children’s Trust Fund.

House endorses new abortion provider regulations; sends bill to the Missouri Senate

The Missouri House has passed a Senate bill that proposes new restrictions on abortion.  The House made several changes to the bill, so it goes back to the Senate for consideration.

Representative Diane Franklin carried Senate Bill 5 in the House during the legislature’s second extraordinary session of 2017. (photo; Tim Bommel, Missouri House Communications)

The bill would allow the attorney general to prosecute abortion law violations without first involving local prosecutors; repeal a St. Louis ordinance that bars discrimination in housing and employment against women who have had an abortion, use birth control, or are pregnant; and require annual, unannounced state inspections of abortion facilities, among other provisions.

“The bill that we received from the Senate, we thought, was a good framework but it did not really specifically meet the governor’s call, so we re-put in provisions that helped to provide for the health and safety of women,” said Representative Diane Franklin (R-Camdenton), who carried Senate Bill 5 in the House.

Democrats argue the legislation is not about women’s health and safety, saying it is about making it more difficult for women to get abortions in Missouri.

“For the entire last week the only word I’ve heard was, ‘abortion,’” said Representative Deb Lavender (D-Kirkwood).  “It’s actually a scam that we think – we’re saying – that we’re protecting women when actually all we’re doing is putting additional hurdles in their way for them to access healthcare.”

Franklin said a key provision for her is language that would require that all tissue removed after an abortion is sent to a pathologist, rather than a sample as is required now.  A pathologist would have to account for all tissue and note any issues.  The Department of Health would follow up any inconsistencies with an investigation.  It would also report annually to the legislature all information it gathers regarding fetal tissue handling.

Franklin has carried various forms of such language going back several sessions, after a series of videos emerged alleging that Planned Parenthood was selling fetal tissue after abortions.

“I think that especially important that I worked on have been the fetal tissue portion of that – the tracking of that – so that we have the assurance that it is indeed going where it should be going and that our department is able to keep track of that,” said Franklin.

The bill also aims to bar laws that would interfere with the operations or speech of alternatives to abortion agencies.  Representative Hannah Kelly (R-Mountain Grove) says those agencies do a lot to help pregnant women.

“They offer pregnancy testing; ultrasounds – I’ve heard many, many, many stories directly from young mothers who … were in a place where they didn’t have any other options.  They needed alternatives and they needed help, and coming back to me, in particular, and saying, ‘I saw my baby.  I saw my baby move,” said Kelly.

Democrats are critical of information given out at alternatives to abortion agencies, saying it is medically inaccurate and skewed toward discouraging a woman from having an abortion.  Republicans say the agencies give women information with which they can form their own decisions.

Representative Cora Faith Walker offered an amendment that would have required quarterly reporting from alternatives to abortion agencies, but it was voted down. (photo; Tim Bommel, Missouri House Communications)

Ferguson Democrat Cora Faith Walker also questioned the effectiveness of those agencies.

“In total there are about 70-plus alternatives to abortion agencies that exist here in the state of Missouri and yet we still have issues with infant mortality rates and maternal mortality rates that surpass national averages,” said Walker.  “In specific areas of Missouri where there seem to exist several alternative to abortion agencies that are supposed to be providing healthcare and other services to women as an alternative to abortion, we still have these very, very high infant mortality rates.”

The legislature returned to Jefferson City in a special session to consider abortion legislation at the call of Governor Eric Greitens (R).  Democrats used debate of SB 5 to criticize the governor for what they said was a stunt meant to help him politically.

“Make sure we’re not letting a governor bring us back to special session for political gain,” said St. Louis City Democrat Bruce Franks, Junior.  “I know how passionate you (Republicans) all are about this issue.  I would never take that away from you.  I know how passionate we (Democrats) are.  But we’re not paying attention to how we’re being played … Now just because this is one of our particular issues that we feel so strongly about doesn’t mean it’s right that we’re here.”

Republicans called the session an important opportunity for the state to reaffirm a commitment to protecting unborn children and making sure women receive proper care from abortion providers.

House Speaker Todd Richardson (R-Poplar Bluff), when asked about lawmakers’ attitudes toward the governor, said, “I think we’ve been focused here in the House on issues, and I think the issues that we’ve worked on back in regular session and through these two special sessions are issues that are of particular importance to the House, and they’re of particular importance to members of the Senate as well, so the fact that we’ve got a governor that’s willing to engage on these issues has been positive and helpful.”

Representative Jay Barnes (left) talks with House Speaker Todd Richardson. Barnes offered several amendments that contributed to the final form of Senate Bill 5. (photo; Tim Bommel, Missouri House Communications)

Democrats note courts have ruled against laws that placed similar restrictions on facilities that provide abortions, and say this legislation will likely be thrown out as well.

“You already know this is going to straight to litigation once it goes into effect, and you also know the [financial cost to the state of defending it],” said St. Louis Democrat Stacey Newman.

Richardson believes if the bill the House passed is challenged in court, it will be upheld.

“This is obviously a very highly litigated area of the law.  It will continue to be a highly litigated area of the law in every state, but I’m very confident that the state of Missouri, if this law is challenged, will prevail,” said Richardson.

The state Senate is expected to debate the House’s changes to SB 5 in the coming days.

Work underway in House in special session on abortion issues

The state House has started work on the second extraordinary session of 2017; this one called by Governor Eric Greitens (R) for the legislature to deal with issues related to abortion.

Representative Hannah Kelly (photo; Tim Bommel, Missouri House Communications)

Republicans say the special session is an important chance for the state to reaffirm a commitment to protecting unborn children and making sure women receive proper care from abortion providers.  Democrats say it is about attacking women’s healthcare in the face of recent court decisions.

Representative Kathy Swan (R-Cape Girardeau), who has a nursing background, is sponsoring House Bill 3, which would change the laws regarding the conditions and care at abortion providers.  She said it is based in part on violations of medical procedures and protocols that have occurred at those facilities.

“Such as expired drugs, or single-use drugs that were still there – single use drugs obviously are to be utilized on a single patient and then discarded – dusty equipment, rusty equipment, that sort of thing,” said Swan.  “That’s what I have been saying for the last four to five years is that those standards need to be maintained regardless of the procedure, regardless of the facility.”

Swan’s bill would require facilities that provide abortions to prove that doctors performing abortions are physicians licensed in Missouri; to be subject to rules at least equal to those for ambulatory surgical centers; and be subject to unannounced on-site inspections at least once a year.  HB3 would also create the misdemeanor crime of “interference with medical assistance,” for preventing or seeking changes in medical care to a patient.

Democrats including Stacey Newman (D-St. Louis) note the Supreme Court struck down a Texas law regarding regulations of abortion providers in that state, and a court has placed an injunction against a similar law in Missouri.  She argues that the additional regulations Swan and others propose will also prove unconstitutional.

“This is up to a court to decide, but that’s again another waste of time and money that we’re wanting to pass more things that are really going to fit under that same purview,” said Newman.

Representative Hannah Kelly (R-Mountain Grove) has filed House Bill 9 that she said aims to protect pregnancy resource centers and maternity homes from undue discrimination and ensure protection of women’s healthcare.  She is also concerned additional abortion clinics could open in St. Louis thanks in part to a law passed by St. Louis earlier this year.

“If we don’t put a stop to it, it will be in two words an ‘abortion sanctuary,’ that we will be responsible for and the blood will be on our hands because we didn’t do anything to protect the lives that have the promise in the Declaration of Independence of life, liberty, and the pursuit of happiness,” said Kelly.

Representative Crystal Quade (photo; Tim Bommel, Missouri House Communications)

Democrats defend the St. Louis statute as preventing discrimination in housing and employment against women who are having or have had abortions, are pregnant, or use birth control.  Springfield Democrat Crystal Quade said her constituents view that less as an issue of being for or against abortion, and more about local governments being able to govern.

“If my city council members and our mayor, or by a vote of the people, determine that something for our city is best, the fact that the legislature comes in and will look at a specific city and a specific thing that their people have decided is best for them and say, ‘No, you can’t do that,’ is worrisome,” said Quade.  “I think that we have a real concern – I know I do – with just the separate branches of government and if we’re actually following what we should be, and I think that goes to the governor’s call as well – how he was so very specific to what statutes he wanted us to look into.  I personally feel like he was legislating through that call.”

The House has held a committee hearing Wednesday on some of its legislation dealing with these and other abortion-related issues, but has not met as a full body.  Several House members say it will seek first to take up any legislation the Senate is successful in passing and debate whether pass that.

The House is anticipated to take up the Senate’s legislation next week.

House budget committee names first target in tax credit reform: wine & grape producers tax credit

The House Budget Committee has taken the first step in what could be a longer, broader process of tax credit reform.

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

The committee must annually clear state agencies to authorize tax credits.  When it met this year, it recommended that issuance of the wine & grape producers tax credit not be continued.

Vice-chairman Justin Alferman (R-Hermann) described the decision as a “test run,” because some believe that when the legislature chooses to end a tax credit, it will likely be sued by someone who wants to get the involved credits.

“What does happen?  We’re going to eliminate this.  If a year goes by and we say, ‘Look, we eliminated this one and everyone respected the legislature and their choice here,’ then maybe we can start going after some of these bigger ones like low-income housing, like historic tax credits; some of the ones that are causing the biggest strain on our budget,” said Alferman.

The wine & grape producers tax credit offers a break on income taxes equal to part of the purchase price for equipment used in making wine or growing grapes.  In each of the past two years between $14,000 and $17,000 worth of the credits have been issued, and more than $14,700 was waiting to be redeemed at the end of Fiscal Year 2016.  More than $575-million was redeemed across all tax credits in Fiscal Year 2016.

Alferman, whose district includes numerous wineries, said it is an important credit to eliminate.

“It is a great example of a tax credit that has worked but has long outlived its usefulness in our state,” said Alferman.  “I believe all tax credits should have a sunset … regardless of if it’s doing good things for our state or if they are simply pork barrel spending, which I believe a lot of them are nothing more than pork barrel spending.”

Alferman said the credit was created to help build the state’s wine industry, and that’s been done.  He said now there are people using the credit but creating subpar wines that hurt the industry as a whole, or using imported juice or grapes that would not grow here yet labeling the products as Missouri wines.

He hopes after this the legislature can proceed with more reform of tax credits, which he said have “run rampant.”

“Representative [Don] Rone did a great job of going through and analyzing along with our budget staff.  We have over $1.5-billion – with a ‘B’ – of tax credits that have been issued but have not been redeemed.  Well what would happen if those all got redeemed in one year?  We get just under $10-billion of general revenue taxes in the State of Missouri every year.  If those all, for whatever reason, got redeemed in one year, that’s 10-percent of all of our state revenue for GR.  That would devastate the state,” said Alferman.

Meanwhile, Governor Eric Greitens (R) created a committee to look at the state’s tax system, including tax credits, and recommend changes.  Alferman is hopeful the legislature will be able to work toward tax credit reform along with that committee.

 

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

A representative who says sheltered workshops make a huge difference in his son’s life spearheaded an effort to signal the legislature’s continued backing for those facilities.

Representative Rory Rowland (right) introduces his son JP on the Missouri House Floor (photo; Tim Bommel, Missouri House Communications)

Independence Democrat Rory Rowland offered House Concurrent Resolution 28, which was adopted by both the House and Senate and declares those chambers’ support for sheltered workshops.

Rowland’s son JP has Down syndrome and works in a Kansas City-area workshop.

“A sheltered workshop is a great opportunity.  For my son, he loves it.  I actually asked him to come down and lobby with me on a variety of days for this resolution and he actually would rather go to work at a sheltered workshop, and I found that remarkable,” said Rowland.  “It was a great testament to the success of sheltered workshops for people with disabilities.  It gives him something that he feels is worthwhile and gives him a sense of accomplishment.”

Rowland said he was inspired to propose the resolution in response to the federal Workforce Innovation and Opportunity Act.  He was told by relatives of sheltered workshop employees, and by workshop managers, that the Act was having unintended consequences.

Rowland said the Act makes it more difficult for people with intellectual disabilities between the ages of 21 and 25 to get employment at a sheltered workshop.

“They really created what I call a, ‘bridge to nowhere.’  Between the age of 21 to 25 there’s no way that these young people can get in there unless they jump through a number of hoops that I think are really unrealistic in regards to what they have to do,” said Rowland.

Rowland believes the Act’s aim is to get more people with intellectual disabilities into competitive employment, but he said that doesn’t work for everyone – including his son.

“We tried to get competitive employment for my son and he got rejected time after time after time.  He’s just not one of those people that’s eligible for competitive employment … we then sought out a sheltered workshop and found out the limitations in regards to the Workforce Innovation Act and how difficult it is now to get into a sheltered workshop if you’re under the age of 25,” said Rowland.

Rowland said he filed the resolution to raise attention about the impacts of the Act.

“The resolution was really designed to give the opportunity family members [of employees], and managers of sheltered workshops the opportunity to talk to their federal legislators and say, ‘I think we need to rethink the Workforce Innovation Act,’” said Rowland.

He said the resolution’s path through and adoption by the legislature generated a great deal of news coverage and other attention that he thinks could be its greatest effect – to generate attention.

Meanwhile JP Rowland is doing well at the workshop he works at.

“If he didn’t have a sheltered workshop he literally would be home today watching TV or playing video games, and I don’t think any of us after a while would feel like we should leave high school and be retired,” said Rowland.  “He now gets a chance to go to work, develop some skills, but also from a family member’s standpoint, you know he’s got three brothers and sisters and they get to talk about their job when we have family gatherings, and now they get to ask him about his job and he feels like he’s a contributing part of society.  I think that’s an important key – for him to have that sense of accomplishment, that sense of achievement, that sense of belonging.”

Rowland’s resolution passed out of the House 152-1.

He said that during the 2018 session he anticipates the possible formation of a task force to delve into issues faced by those with intellectual disabilities when seeking competitive employment.