Missouri Times - April 29, 2019

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The Missouri Times

STATE LEADERS HONOR VIETNAM VETERANS

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APRIL 29, 2019

SENATE PASSES BUDGET SPORTS BETTING ADVANCES

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The Missouri Times

PRESS RELEASE 225 Madison, Jefferson City, MO | (573) 746-2912

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Scott Faughn, Publisher | scott@themissouritimes.com | @ScottFaughn Rachael Herndon Dunn, Editor | rachael@themissouritimes.com | @TheRachDunn Alisha Shurr, Reporter | alisha@themissouritimes.com | @AlishaShurr Aaron Basham, Multimedia Producer | aaron@themissouritimes.com Kaden Quinn, Reporting Intern | kaden@themissouritimes.com

FITZPATRICK CELEBRATES 100 DAYS IN OFFICE Missouri State Treasurer Scott Fitzpatrick today celebrated 100 days in Office. “Since being sworn-in in January, I have focused on continuing to be a good steward of Missouri’s tax dollars,” Fitzpatrick said. “This stewardship goes beyond ensuring your tax dollars are invested and spent wisely. As Treasurer, I want to ensure Missourians are prepared for a bright financial future by encouraging the use of programs that can help them save for the future. I am proud of what we have accomplished in 100 days—and I look forward to continuing to promote these valuable programs and protecting the state’s finances.” Missouri FIRST: Upon taking Office, Treasurer Fitzpatrick immediately began working to reform the Missouri FIRST program to increase the longterm viability of the program, after a period of rapid growth that threatened to over-extend the program. These reforms returned the program to its initial purpose—investing in Missouri entrepreneurs and farmers. As part of his effort to sustain Missouri FIRST, Treasurer Fitzpatrick worked with Representative Jack Bondon and Senator Justin Brown on legislation that would raise the statutory cap on the program to $800 million. MO ABLE: Today marks the two-year anniversary of the launch of the MO ABLE program in Missouri. Last week, Treasurer Fitzpatrick announced that the MO ABLE program reached 1,000 accounts. Treasurer Fitzpatrick also announced a partnership with CoxHealth that allows CoxHealth employees to use direct deposits from their paychecks into MO ABLE accounts.

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He continues to work with other employers across the state, including the Office of Administration, to implement similar programs that will make it easier for individuals with disabilities and their families to save tax free money without losing important benefits. Treasurer Fitzpatrick is also working with Representative Jonathan Patterson and Senator Brian Williams on legislation to reduce bureaucratic hurdles to accessing the MO ABLE program. Financial Literacy: Treasurer Fitzpatrick has encouraged Missourians to think about their spending habits and plan for their financial future. A significant part of these efforts has been promoting MOST 529, Missouri’s Education Plan, which allows Missourians to save money, tax free, for education-related expenses, while also receiving a state tax deduction. Throughout April, which is Financial Literacy Month, Treasurer Fitzpatrick traveled around the state promoting the program and encouraging Missourians to visit the Financial Literacy Portal. Unclaimed Property: Treasurer Fitzpatrick returned the first $1 million in unclaimed property in just nine days, the fastest of any state treasurer in Missouri history. Whenever he speaks to groups across the state, he encourages them to search their name on ShowMeMoney.com to see if they are among the 1 in 10 Missourians who has unclaimed property waiting to be claimed. Treasurer Fitzpatrick was sworn-in as Missouri’s 47th state treasurer on January 14, 2019.


The Missouri Times

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HOT LIST FRA

After some back-and-forth, the Senate ultimately perfected legislation reauthorizing the state’s federal reimbursement allowance (FRA) program until 2020. The program taxes certain providers for the state’s Medicaid program, which is then matched by federal dollars at a higher rate. The perfected legislation does not expand the program to include managed care, an original provision the Conservative Caucus opposed.

SEERSUCKER

Wednesdays are Seersucker Days and lawmakers are certainly embracing the style choice. From Sen. Tony Luetkemeyer to Rep. Shamed Dogan, multiple legislators have joined the ranks of Ronald Reagan and George Bush in donning the thin, puckered, all-cotton fabric suits.

SENATE APPROPRIATION

PHOTO OF THE WEEK

Tony Luetkemeyer - @TonyForMissouri - April 24 The tradition in the @MissouriSenate of Seersucker Wednesdays the week after Easter is alive and well in our office! #MoLeg

Sens. Dan Hegeman and Lincoln Hough did great work shepherding the state’s $30 billion budget through the Senate in a precise, timely fashion. Along with the appropriations staff put in countless hours — though someone, somewhere probably counted — to ensure the upper chamber put their best fiscal foot forward.

BILL WYRICK

Bill Wyrick has officially retired after 25 years as a Senate doorkeeper. He was given a resolution by the Senate Thursday morning to recognize him for his service. Wyrick, a military veteran, previously worked for the U.S. Postal Service for more than 30 years before coming to the Capitol.

Tweets of the Week Highlights in 280 characters or less.

Tony Messenger @tonymess And everybody who ever received a parking ticket on High Street in Jefferson City while taking a little too long in ⁦@ coffeezone⁩ screams in delight! #moleg Andrew Gill Smith @andrewgillsmith Q: Is Missouri really the leader when it comes to commercializing Hyperloop? Jay Walder: “What if I told you that I have been CEO for 5 months, and Missouri is the first site in North America I have visited? Without question, Missouri is leading the way.” Jason Rosenbaum @jrosenbaum I really don’t like to keep correcting the PD Editorial page on this point, but Clean MO didn’t eliminate “lawmakers’ ability to gerrymander districts to protect their own jobs.” A commission or judges drew the lines, not lawmakers.

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INSIDE THE SENATE’S FRA REAUTHORIZATION BATTLE The Missouri Times

Kaitlyn Schallhorn

As it came time to reauthorize the state’s federal reimbursement allowance (FRA) program last week, the process ran into a bit of a roadblock over a provision that would expand it to include a “new tax.” In addition to extending the sunset on the current program for two years, Republican Sen. Dan Hegeman’s SB 29 expanded the FRA program to include managed care by July 2020 with the commercial rate not exceeding $1.80 per member per month. “The inclusion of the managed care organization FRA will allow the state to draw down an additional $19-20 million in federal Medicaid dollars,” Hegeman said. The FRA program isn’t new; in fact, it began more than two decades ago in 1991 before the provider tax became law in the state a year later. The Missouri Hospital Association touts the program as a “major source of revenue to the state” and a “major funding stream for MO HealthNet,” the state’s Medicaid program. The program taxes providers under its umbrella for the state’s Medicaid program. That money, in turn, is then matched by federal dollars at a higher rate, reimbursing the providers and leaving the state with extra money. Under the program’s purview are: ground ambulances, nursing

facilities, hospitals, pharmacies, and facilities for the intellectually disabled. “The FRA is very important because it supplies over $1 billion in Medicaid funding,” Hegeman told The Missouri Times. “The addition of the managed care FRA will help the state draw down more federal dollars to pay for the everincreasing cost of Medicaid.” The FRA program contributed to about 17.19 percent of the MO HealthNet’s appropriations in 2017, according to data from the Missouri Hospital Association. The general revenue accounted for 17.06 percent, federal funds 51.37 percent, other provider taxes 6.47 percent, and other funds 7.91 percent. In comparison, the general revenue accounted for 39.5 percent of the MO HealthNet’s appropriations in 1990. Several conservatives objected to

the expansion of the FRA program — as well as the failure of the Senate to adopt an amendment from Sen. Bill Eigel establishing work requirements for those involved in the MO HealthNet program. Eigel and Republican Sen. Bob Onder, in particular, pointed out the legislation would create a “new tax” on certain, private healthcare plans “in an era where our premiums keep going up” and would impact an estimated 70,000 Missourians. “At what point do you think we have to get away from raising taxes as a way to solve problems,” Eigel said, adding he didn’t object to extending the FRA program in general but didn’t agree to the addition of the new tax. Sen. Cindy O’Laughlin said even though the additional tax would bring in about $20 million, there would be “no additional benefit to the individuals” who would have to pay

the extra money. “We have to recognize that the money coming into the state is hard-earned money, and we need to honor and respect that by doing the hard work necessary to have a full comprehension of our spending commitment and a good plan that does not render the average working Missourian poorer,” she told The Missouri Times. “We’re not looking ahead and taking everything into consideration.” Dr. Abigail Barker, an economist and research assistant professor at Washington University in St. Louis, noted Missouri is already close to the limit in bringing in what’s allowed in terms of provider funding. And she said the federal government — meaning federal taxpayers — could still be on the hook for more in certain situations so Missouri “could get by with a smaller state budget.” “This sounds like a good deal for the individual state, and it is, but at this point, so many states are doing the same thing, relying so heavily on provider taxes, that it has become problematic at the federal funding level,” Barker told The Missouri Times. “There seems to be some pushback and a strong possibility that in the future, provider taxes will be curtailed. In that sense, we would want to be cautious about coming to

rely on this as a new revenue stream.” According to a 2017 study from the Kaiser Family Foundation, Missouri is one of the states that rely on provider taxes the most in the country. The fight over the FRA legislation came during an already contentious week for the Senate. Republican Sen. Mike Cierpiot took on the Conservative Caucus with a speech from the Senate floor lambasting the group of six for what he saw as “inconsistencies” with legislation they to advocate for. The public feud spilled onto the floor over multiple days. The Senate also stalled on Title IX reform, sponsored by Republican Sen. Gary Romine, after an overnight filibuster led by Democrats. Then, ahead of Easter, the Senate advanced a nonbinding resolution opposing a statewide vote or legislative mandate on a potential merger of St. Louis City and County without adopting a position on the plan — despite a temporary hold-up launched by Eigel. Eigel took umbrage with Minority Floor Leader Gina Walsh’s resolution having been brought to the floor on the Thursday before the holiday and argued it deserved more time for debate.

Sen. Brian Williams stressed the importance of protecting the “relationship we have with the federal government” through the FRA program — and the addition of work requirements could have possibly derailed the reauthorization. “FRA is not a new program, and it’s something that has allowed us to pull from as a major source of revenue for the state. When it comes to just making sure we have funding for the state Medicaid program, I think it’s imperative we support it,” Williams told The Missouri Times. “When it comes to the work requirements, I think it can become an obstacle for Missourians — not to have access to Medicaid or quality healthcare in general,” he continued. “That’s something I think we have to be conscious of when we think about whether or not we want Missouri to be healthy. I think it was an amend-

ment with intentions to become a roadblock for Missourians.” Originally, the bill added managed care to the FRA program, which caused consternation among some lawmakers, particularly those in the Conservative Caucus. However, it was ultimately removed. Sen. Cindy O’Laughlin said even though the additional tax would bring in extra money, there would be “no additional benefit to the individuals” who would have to pay the extra money. “We have to recognize that the money coming into the state is hardearned money, and we need to honor and respect that by doing the hard work necessary to have a full comprehension of our spending commitment and a good plan that does not render the average working Missourian poorer,” the Republican senator previously told The Missouri Times.

“We’re not looking ahead and taking everything into consideration.” L a t e r Wednesday, after the bill’s perfection, O’Laughlin applauded the elimination of the “additional tax” since the reauthorization needed to happen. “I do think a conversation at some point has to be held considering how much we depend on federal funding,” she said. The FRA program isn’t new; in fact, it began more than two decades ago in 1991 before the provider tax became law in the state a year later. The Missouri Hospital Association touts the program as a “major source

of revenue to the state” and a “major funding stream for MO HealthNet,” the state’s Medicaid program. The program taxes providers under its umbrella for the state’s Medicaid program. That money, in turn, is then matched by federal dollars at a higher rate, reimbursing the providers and leaving the state with extra money. Under the program’s purview are: ground ambulances, nursing facilities, hospitals, pharmacies, and facilities for the intellectually disabled. SB 29 will need to be third-read and passed in the Senate before it can be sent to the House.

“The inclusion of the managed care organization FRA will allow the state to draw down an additional $1920 million in federal Medicaid dollars.”

Senate perfects FRA reauthorization after lengthy debate

Kaitlyn Schallhorn After some back-and-forth, the Senate eventually perfected legislation reauthorizing the state’s federal reimbursement allowance (FRA) early Wednesday morning. Republican Sen. Dan Hegeman’s SB 29 extended the sunset for the FRA program for one year, until September 2020. It initially included the addition of managed care to the program — which he said would bring down an additional approximate $20 million in federal Medicaid dollars — but it was eliminated after members of the Conservative Caucus complained. The Senate debated the bill for several hours — until nearly 2 a.m. — with Democrats filibustering a provision that would have added work requirements for those who are enrolled in the state’s Medicaid program and pushing for the expansion of Medicaid in Missouri.

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“I do think a conversation at some point has to be held considering how much we depend on federal funding.”


The Missouri Times

MASSIVE CRIMINAL JUSTICE REFORM BILL CLEARS ANOTHER HURDLE Kaitlyn Schallhorn

Parson calls for November 5 special election for vacant House seats Alisha Shurr Gov. Mike Parson has called for a special election to fill the two vacancies in the Missouri House. The elections to fill the seats previous occupied by Reps. Jean Evans and Scott Fitzpatrick will take place on November 5, 2019. Candidates for the seats must be selected and filed by May 13, 2019. Evans resigned her seat in HD 99 after being named Executive Director of the Missouri Republican Party and Fitzpatrick resigned from representing HD 158 after being appointed as Missouri State Treasurer. “It’s important that we work quickly to fill vacancies in the people’s house to ensure that Missourians have representation here in Jefferson City,” said Parson. “We appreciate the dedication

and hard work of our local election authorities, especially when preparing for and conducting a special election. I am confident that Secretary Ashcroft will continue focusing our election process in a free and fair manner.” “I appreciate Senator Dan Hegeman and Representative Dan Shaul for their work last year passing election reform (SB 592),” said Secretary of State Jay Ashcroft. “It is important for Missourians to have full representation in the General Assembly, and last year’s legislation has allowed us to move more efficiently to fill these open seats.” To view Parson’s official writ of elections, click 99th House District and 158th House District.

A sweeping criminal justice reform bill made it over another hurdle Tuesday morning as it passed out of the House Fiscal Review Committee. HCB 2, championed by Republican Rep. Shamed Dogan, progressed through the committee with a 6-1 vote. Those who voted in favor of the omnibus bill were Republicans Dan Houx, Dirk Deaton, and David Wood, and Democrats Donna Baringer, Ingrid Burnett, and Judy Morgan. The lone no vote was Republican Rep. Sara Walsh. The legislation, which largely mirrors the federal First Step Act signed by President Donald Trump late last year, was perfected by the House last week. Some of the reforms include free feminine hygiene products for incarcerated women, sentencing reforms for mandatory minimums for nonviolent offenders, elimination of socalled debtors’ prisons for boards bills, geriatric parole for specific people who have served at least 30 years of his or her sentence, ability for felons to work in convenience and grocery stores, updates to racial profiling statutes, and civil asset forfeiture reform. “It’s a comprehensive criminal justice reform package. It’s going to enhance public safety and save taxpayers’ money and move us in a direction where we’re not building more prisons, but we are allowing people to have second chances,” Dogan previously told The Missouri Times. As for the bill’s next step, it will need to be brought before the full House for another vote for it to pass and advance to the Senate.

HOUSE PASSES REFORMS TO INITIATIVE PETITION PROCESS Alisha Shurr The Missouri House gave their stamp of approval to a bill altering the initiative petition process. In a 104-42 vote, the chamber sent to the Senate Rep. Dan Shaul’s HCB 10 upping the requirement for filing an initiative petition. The measure would require a $350 refundable fee for filing an initiative petition with the office of the Missouri secretary of state The fee is refunded if the petition is authorized to appear on the ballot within the two year period after a summary statement is prepared for the petition. It also imposes an additional $25 per page filing fee for initiative petitions

in excess of 10 pages. Provisions added to the bill during perfection include allowing each political party to submit a list of election judge candidates, providing a word count on ballot measures, and the “selfie rule,” which decriminalizes the act of taking photographs of a ballot. Proponents argue the bill is needed to scale back the number of so-called frivolous initiative petitions and to improve the election process as a whole. Secretary of State Jay Ashcroft is backing changes to the process. “I think this is a process we can make better, we can make more secure, without

taking away the ability of the people to petition,” said Ashcroft previously told the Missouri Times. “This ability to redress the government for grievances is important.” Opponents argued against modifying changes to initiative petitions, lamenting the idea of making the process more difficult for Missourians and limiting the ability for them to participate in the process. It was noted the changes could limit grassroots involvement. “I believe any burden on the initiative petition process is a burden too much,” said Rep. Judy Morgan.

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House moves to walk back Clean Missouri redistricting changes

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Alisha Shurr Legislation walking back voterapproved redistricting alterations gained initial approval from the Missouri House. The Republican-led effort was criticized as a move to “overturn the will of the voters” and referred to as “childish.” Yet, supporters stood their ground, arguing it’s an “improvement” on the so-called Clean Missouri amendment and is “better, more comprehensive” ethics reform. On Tuesday, the chamber perfected HJR 48, sponsored by Rep. Dean Plocher. The legislation, which needs voter approval, would ban all gifts from lobbyists to elected officials and repeals the new redistricting provisions, replacing them with the previous method. The proposed alterations to the Missouri Constitution are in direct response to changes made in the 2018 General Election. In November, Amendment 1, the socalled Clean Missouri amendment, passed with 63 percent of voters casting a ballot in favor. Now part of Article III of the Missouri Constitution, voters approved limiting campaign contributions, requiring legislative records be open to the public, banning all lobbyists gifts to lawmakers greater than $5, and instituting a twoyear waiting period for elected officials to become lobbyists. The most controversial provision altered redistricting methods. The voter-approved process now requires a non-partisan state demographer to draw districts in a “manner that achieves both partisan fairness and, secondarily, competitiveness.” Plocher’s proposal, which is the committee substitute of three measures

with similar goals, would go further than the initiative petition, banning all lobbyists gifts. The provision gaining the most notoriety would repeal the new redistricting method and replaces it with a bipartisan commission. “We aren’t overturning the will of the voters; we are going to the voters,” said Plocher. “Amendment 1 didn’t go far enough. We are offering a better, more comprehensive amendment.” “I’m actually going to vote for this because I care about black districts,” said Rep. Maria Chappelle-Nadal. Supporters argued the resolution will give voters a choice and offers them a “better solution” to keep communities together. A few Democrats — C h ap p e l l e - Na d a l and Rep. Raychel Proudie — voiced concerns on the floor the voterapproved method would diminish representation of black communities in the General Assembly. But opponents pushed back on the measure, arguing it would “undermine” the legitimacy of the legislature while “overturning the will of the voters.” “The process we have right now hasn’t been working. It is time we try something different,” said Rep. Peter Merideth. “As far as I am concerned, voters spoke.” Rep. Ingrid Burnett said the move “seems kind of childish.” Rep. Keri Ingle said it is not her job as an elected official “to come here and tell [voters] they are wrong.” The resolution was perfected by the House with a 100-49 vote and will move to the Senate. If given ultimate legislative approval, the proposal will need to receive voter approval before it can be implemented.

“AMENDMENT 1 DIDN’T GO FAR ENOUGH. WE ARE OFFERING A BETTER, MORE COMPREHENSIVE AMENDMENT.”


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The Missouri Times

SENATE PASSES BUDGET AS REVENUES TREND UP Alisha Shurr

JEFFERSON CITY, Mo. — Following months of lagging revenue, state collections are springing up as the Senate works through Missouri’s operating budget for the upcoming year. On Wednesday, the upper chamber debated and passed Missouri’s $30 billion budget for FY 2020. The budget being constructed is based on a 2 percent revenue growth from FY 2019, which is based on 1.7 percent growth from FY 2018. In recent months there has been speculation if the state would meet FY19 growth projections and how that would impact the upcoming budget. In fact, the FY20 budget leaves some money unspent, which Senate Appropriations Chair Dan Hegeman called a “cushion.” Budget hawks have been closely watching collections for months as revenue continuously failed to meet growth projections. At the end of

March, net general revenue collections for 2019 fiscal year-to-date were down 4.3 percent compared to March 2018, from $6.72 billion last year to $6.43 billion this year — an improvement from the 7 percent year-to-date decrease for January. Experts projected that following the April 2019 tax deadline and into the beginning of May revenue collections would start to catch up. And the numbers are certainly ticking up, with the most recent figures showing an increase from the previous year. As of Tuesday, revenue collection had increased by 0.47 percent ($34.7 million) year-to-date from the previous year. “Revenues are starting to come through,” said Hegeman. “We are leaving money on the bottom line… there is some cushion [in the FY20 budget].”

In fact, the Senate version of the budget brought up on the floor on Wednesday roughly left $130 million unspent. For education, the Senate voted to fully fund the foundation formula, increase school transportation by $10 million, increase core funding for public colleges and universities, and allocate $10 million to the Fast-Track scholarship program. In contrast to the House’s proposal to spend $100 million of general revenue on roads and bridges, the Senate allocated nearly $50 million as part of a bonding compromise. The upper chamber also appropriated $35 million for a county-state cost-sharing program for transportation infrastructure improvements. Additionally, $8 million in funding for flood recovery was approved along with $13 million of the state’s fledgling

medical marijuana program and $5 million for broadband grants. The Senate walked back the House position, opting to keep the Capitol Police under the Department of Public Safety. Maintained in the budget from Gov. Mike Parson’s original recommendation are raises for all state employees and additional pay increases for corrections officers. A few failed amendments ignited passionate debate on the floor. Sen. Scott Sifton sought to ban the shackling of incarnated offenders who are in the later stages of pregnancy by restricting reimbursements to counties who do not have a policy prohibiting the practice. “It is inhumane to have a woman shackled at her knees and her hands at the third trimester,” said Sen. Jamilah Nasheed, who supported the amendment.

“What I am saying is…they don’t have to be shackled but if they do, I want the law enforcement to be able to keep this woman, the baby, and themselves safe,” said Sen. Jeanie Riddle. Several opponents to Sifton’s amendment noted they weren’t necessary against the idea, but it should be presented as a bill rather than trying to legislate through the budget. Sen. Jason Holsman unsuccessfully attempted to add an amendment to stop penalizing health clinics affiliated with others that provide abortion services. He pointed out only one of the 12 Planned Parenthood clinics in Missouri offers abortion services, but all of them fall under the funding ban in the budget. According to Holsman, his amendment would allow some funding to go to clinics that solely focused on women’s health, instead of penalizing them for services they don’t provide.

child-care facilities to protect the safety of children, including a measure increasing criminal penalties for people who violate current statutes Eligibility for people between the ages of 18-26 who were in foster care for at least six months in another state to receive MO HealthNet benefits “to help them get started on a good life” A provision maintaining relatives should take priority — unless otherwise determined not to be in the best interest of the child — when it comes to foster care placement of the child, with grandparents given first consideration The creation of an “Amber Alert System Oversight Committee” within the Department of Public Safety to develop criteria and procedures for the Amber alert system that will meet at least once a year Modifications to child support enforcement

A provision declaring anyone who knowingly manages, operates, or owns an interactive computer service that promotes or facilitates the prostitution of another person will have committed the offense of promoting prostitution in the first degree The last addition was an amendment offered by Sen. Bob Onder. The Republican has repeatedly pushed for this distinction in Missouri law, noting most sex trafficking prosecutions occur at the state level. “The attached [bills] were all ones committee members thought were good things to help kids in the state,” Riddle said before the bill was referred to the Senate Fiscal Oversight Committee. She added the bills attached were “not controversial” and were added to “move things along quickly.” “You hate to have the things that are great for the kids in the state get lost in

the process in the last couple of weeks,” Riddle said. “I’m excited to see it’s moved another step closer to being law, and I’m excited about more legislation that’s been added to it that will help other children,” Coleman told The Missouri Times of her legislation. In the Senate, the bill’s language was tweaked to say an affirmative defense for prostitution could be applicable to anyone who is under the age of 18 and was under coercion — as opposed to being a minor or under coercion. The bill also expands the definition of gang activity to include commercial sex trafficking. Additionally, those previously convicted of prostitution while a minor could have the opportunity to have his or her record expunged. Sen. Jamilah Nasheed attempted to attach an amendment to the bill

expanding the definition of involuntary manslaughter to include someone who knowingly incited another person to die by suicide. The amendment, she said, was to curtail prevalent bullying in the state. Multiple senators objected to the amendment, contending it was one needing more discussion by the body. Nasheed ultimately withdrew it. The Missouri House passed HB 397 in late January with bipartisan support. “The purpose of this bill … is to treat kids as kids. I think everyone in this body right now agrees with that goal and that a kid ending up in prostitution is treated as a victim and not a criminal is extremely important,” Rep. Peter Merideth said earlier this year.

SENATE ADVANCES EXPANDED CHILD PROTECTION, ANTI-TRAFFICKING LEGISLATION Kaitlyn Schallhorn A House bill combating sex trafficking has expanded to include a variety of other provisions in an effort to protect minors — particularly exploited youths — in the state. Under Sen. Jeannie Riddle’s guidance, Rep. Mary Elizabeth Coleman’s HB 397 has expanded into what one senator referred to as an “omnibus-esque bill” with more than two dozen additional provisions safeguarding minors. Some of the additions are: A provision called “Simon’s Law” requiring the written or oral consent from parents or guardians — as well as witnesses — of a minor before medical professionals can institute a do-notresuscitate order The ability for a prosecuting or circuit attorney to convene a review panel to investigate the deaths of children under the age of 18 Modifications to those who operate

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The Missouri Times

LAWMAKERS ADVANCE BILLS ALLOWING MEDICAID REIMBURSEMENT RATE ADJUSTMENTS FOR CARE FACILITIES Alisha Shurr

Lawmakers look to have insurance plans cover therapies for kids with disabilities Alisha Shurr

Robyn Schelp’s 11-year-old son is an example of just how important and beneficial therapy is for those with developmental disabilities. Nathan has an unknown genetic disorder, and the family relocated from rural Missouri to Columbia in order to access the therapies he needs at a discounted rate or enroll in programs that will pay for them. It is that therapy that enabled Nathan the to testify before a House committee on Tuesday for the first time. “The therapies for these kids are like medicine for someone else. This is what helps them, and they couldn’t get it,” Schelp told the Missouri Times. She noted the therapies are expensive for families and mostly not covered by insurance. With Nathan in tow, Schelp has been walking the halls of the Capitol for several years working to provide relief to families. That work just may pay off this year with identical bills in each chamber making their way through the Missouri General Assembly. On Tuesday, the House Health and Mental Health Policy Committee held a public hearing on Sen. Denny Hoskins’ SB 45. On April 10, the Senate Health and Pensions Committee passed Rep. Chuck Basye’s HB 399. The bills look to complete an issue that was partially addressed in 2010 when lawmakers voted to require insurance policies to cover therapies for children with autism. Both bills would expand the

existing autism mandate to cover other developmental disabilities. “It’s important because under current Missouri statute, insurance carriers must provide insurance for those children on the autism spectrum, however, many other children with other developmental disabilities are not covered under insurance. This bill would ensure those kids receive the therapy they need so they can grow up and be independent, happy adults,” Hoskins said. “This will give those kids with genetic disorders, down syndrome, cystic fibrosis, and other developmental disabilities… access to a lot more therapies,” Basye said. “It’s proven that the sooner these kids get into a therapy program the better chance they have of being more independent in life, or completely independent.” The bill adds therapeutic care for developmental and physical disabilities, as such terms are defined in the act, to the insurance coverage mandate for autism spectrum disorders effective January 1, 2020. Providers would have the ability to limit the number of therapeutic care visits per year for the expanded

disabilities. The therapies would only be covered if approved and deemed medically necessary by the health benefit plan. As part of a compromise, the legislation would repeal the requirement that the Department of Insurance, Financial Institutions, and Professional Registration submit annual reports to the legislature and require health carriers to supply certain diagnosis and coverage information for the report. Expanding coverage to include physical and developmental disabilities is projected to increase the cost of insurance plans between $0.39 to $0.51 per member per month. The $0.51 projection is based on the 2018 cost to cover therapies for children with autism. Since the expanded legislation wouldn’t cover all of the same therapies, $0.39 reflects the cost of what would be covered, according to Schelp. “It’s not a lot if those kids get the kind of help they need,” said Hoskins. “It is something that needs to be done,” Hoskins added. “As you can see by Nathan’s testimony, the therapy is working. When we get these kids into the type of therapy they need, they are going to grow up and have a lot better chance of being self-sufficient.”

“THIS BILL WOULD ENSURE THOSE KIDS RECEIVE THE THERAPY THEY NEED SO THEY CAN GROW UP AND BE INDEPENDENT, HAPPY ADULTS.”

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Measures aimed at encouraging nursing home facilities to invest in improvements are making their way through the General Assembly. The identical measures would allow for nursing home facilities to have their Medicaid reimbursement rate readjusted following investment in patient care. One received unanimous approval from the Senate on April 18 and the House perfected the other on April 23. Sen. Mike Cunningham’s SB 11 and Rep. Jack Bondon’s HB 600 would enable intermediate care facility or skilled nursing facilities to have its Medicaid per diem reimbursement rate readjusted if they invest at least $2,000 per bed in improvements. “This is the right thing to do, both for seniors and for private investment in the state,” Bondon told the Missouri Times. “It is the right thing to do to hopefully correct a government created imbalance in the system.” Currently in Missouri, Medicaid reimbursements rates range from $141 to $175 per patient per day. Once a rate is set there is no mechanism in state law to adjustment, which has resulted in the average reimbursement rate being $20 per day per person unfunded compared to actual costs. Lacking the ability to update reimbursement rates has “disincentivized” facilities from updating and further investing in the facility itself.

One supporter went as far to say under the current process, facilities putting funds towards capital investments would be a financial detriment and could hurt patient care. During the House perfection debate, Rep. Sheila Solon said the legislation would “level the playing field.” Rep. Don Rone noted that a nursing home in his district spent $1 million upgrading and rebuilding after it was destroyed. That nursing home’s rate is still at their original reimbursement rate while roughly 10 miles down the road a new facility was built with the new per diem rate. Had this legislation been in effect, the facility that invested $1 million in its facility would have been able to apply to have their Medicaid reimbursement rate adjusted. “I support this bill whole heartedly because of the situation in my district,” said Rone. A full resetting of the Medicaid per diem reimbursement rates would cost the state roughly $66 million, according to testimony provided during a House hearing. The current proposal — adjustments in rates for facilities investing $2,000 per bed — is project the state between $1.68 million and $5.1 million in Fiscal Year 2022.

“This is the right thing to do, both for seniors and for private investment in the state”


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The Missouri Times

World Series champion advocates for sports gambling, protecting ‘integrity’ of games Alisha Shurr & Kaitlyn Schallhorn

HOUSE COMMITTEE ADVANCES SPORTS BETTING BILL WITH ROYALTY FEE Alisha Shurr

The committee charged with vetting the differing sports betting bills has advanced the version which includes a fee paid to the sports league. Earlier this month, the House General Laws Committee voted 7-3 in favor of Rep. Cody Smith’s HB 119, which would legalize wagering on sporting events in Missouri. The amended version of the bill blends in some aspects from Rep. Robert Ross’ HB 859, the other House bill on the subject, and concerns brought up in the public hearing. “Essentially this takes into account some of the testimony that was offered by both the casinos and the major leagues. It does a few things that will probably annoy everybody,” said Committee Chair Rep. Dean Plocher. “I think this [bill] offers an avenue for sports gaming to be competitive in the United States to be had in Missouri.” The amended version prohibits the disclosure of information gathered that otherwise could be sold to third parties, has a data fee to be assessed by the Missouri Gaming Commission, and details who can and cannot gamble. The bill also includes a 0.6 percent entry and infrastructure fee to be paid to the stadiums housing the game being bet on and a 0.25 percent royalty fee, also called integrity fee, to be paid to the

professional sports league. A wagering tax of 6.25 percent would be imposed on gross receipts received from sports wagering which shall be deposited in the “Gaming Proceeds for Education Fund.” Some Democrats pushed back on the variety of fees in the bill. Rep. Jon Carpenter noted that the different fees and taxes in the bill amounted to a 25 percent tax — because the fees are off the total amount bet and not casino profits — with more than half of that going to sports entities. “Just so that everyone understands, the tax assessment here…between the royalty fee and the stadium fee, 0.85 percent would translate to 17 percent tax rate,” said Carpenter. “I’m willing to support a compromise but this compromise has a 17 percent tax rate that isn’t going to go to the state.” Carpenter suggested that the fees be smaller. Plocher noted there was still discussion to be had and the legislation still needs some modifications. During the 2018 regular session, a House committee took three differing sports betting under considering, holding a public hearing on them but did not advance the legislation to the floor.

When it comes to sports wagering, former Kansas City Royals pitcher and World Series champion Chris Young wants Missouri to get it “right.” Young visited the Missouri Capitol Wednesday to meet with lawmakers and advocate for the passage of legislation legalizing sports betting in a way that maintains the “integrity” of games, teams, and those who participate. And according to the former baseball player, Sen. Tony Luetkemeyer’s SB 327 would do just that. “The reality of the world in which we live is that [sports betting is] here, and we all have to adapt to that, but I think certainly knowing that it is here, we want it done the right way,” Young, 39, told reporters. “We want the safety and protection of our players, everyone involved in the league, so we know that it’s protecting the industry as a whole, and it’s done in the right way, and I think this bill does that.” The bill, similar to a version already passed out of a House committee, would legalize betting on sporting games — such as baseball, football, and hockey — in the Show-Me State. The legislation gives the Missouri Gaming Commission regulatory authority while requiring casinos to use official data. The state would collect a 6.25 percent tax on gross receipts, and casinos would be required to remit an integrity fee of 0.75 percent of the total amount wagered

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to the sports governing body. The bill also bars players, coaches, owners, and others involved from betting on their own sport. “I know how great the state of Missouri is — the fans and the people of the state, and the integrity of the fans and the people here — and on behalf of Major League Baseball, I think it’s important to get this bill right,” Young said. “I think this goes a long way in terms of protecting our sport and our industry and sets an example for other states to follow.” “This is a very important time for our industry, and certainly we want it done correctly,” Young added. As for the royalty fee, also called an integrity fee, Luetkemeyer defended the inclusion as a way to offset costs sports leagues would accrue while noting “there is no real precedent for this.” “We’re in the Show-Me State. We do things our own way,” he said. “I think it’s really an easy decision to make sure we’re standing with our sports organizations to make sure we’re protecting the integrity of the game. … It’s not fair for teams to have increased compliance costs associated with sports betting and for the casinos not to expect that a small percentage of that money they’re going to be generating is going to go to sports teams.” Casinos have been averse to the addition of royalty fees. “Whether you want to call it an

integrity fee or a royalty fee, which is off the total amount wagered, off of the handle, we have concerns with that,” Mike Winter, executive director of the Missouri Gaming Association, previously told The Missouri Times. “The issue with the integrity fee or royalty fee is that sports betting has a relatively small profit margin.” The bill’s fiscal note predicts the legislation could rake in anywhere from

“THIS IS A VERY IMPORTANT TIME FOR OUR INDUSTRY, AND CERTAINLY WE WANT IT DONE CORRECTLY.” $1.9 million to $11.3 million for the state. Missouri’s General Assembly has debated seven bills this session related to sports wagering. Luetkemeyer’s bill passed out of the Senate Progress and Development Committee last month, and the House passed a similar version out of committee in mid-April. The U.S. Supreme Court struck down a federal law banning the practice in most states last year. Young helped the Royals win the World Series in 2015. Since, he’s joined MLB as the company’s vice president of On-Field Operations.


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The Missouri Times

Alisha Shurr

With the federal prohibition lifted, Missouri now has the ability to open up sports betting in the state. There are multiple measures in the General Assembly that would do that very thing. The proposals vary on tax rate, regulations, and regulatory body along with several framework provisions. And just like most hot topics, there are several entities proposing ideas on just how it should happen in Missouri. The casinos and professional sports leagues have both presented ideas on just what sports waging in Missouri should look like. From the leagues “In general, what we are looking for in a sports betting bill [are] items that protect the integrity of sports and help us preserve the spontaneous unscripted nature of sports for future generations of fans,” said Bryan Seeley with Major League Baseball. “If Missouri is going to legalize sports bettings, we think it should be done in a way that really puts fans and sports first and recognizes that there are increased risks and increased costs that go along with vastly increased sports betting.” Certain provisions that are important to the leagues: providing tools for investigators and regulators to police potential manipulation of the sport, requiring casinos comply with investigations, mandating casinos notify sports teams if they know about potential manipulation or use of insider information of a

game, a voice in what kind of betting can be offered, and mobile betting. The overall theme to what they are looking for in sports betting legalization, according to Seeley, is the protection of the integrity of game. A big part of that is the type of betting offered on games and the games being bet on. Betting on minor league games could pose an increased risk and so could in-game betting, Seeley noted. MLB currently has more than 100 minor league teams. Those players, coaches, and umpires make a lot less money than their major league counterparts. If betting opened up on minor league games, that would create a potential integrity risk, according to Seeley. An increased risk on the league is why Seeley is weary of in-game betting. In-game betting would allow betting on what the next batter is going to do — a strike, a bunt, a hit — instead of whether the Cardinals will beat the Cubs. “Those smaller outcomes are much easier to manipulate than manipulating the outcome of a nine-inning game involving 20 players,” said Seeley. “So, we want to have a say in what kind of betting can be offered and what kind of events betting is offered on.” But if casinos do want to do offer in-game betting, it makes the most sense for casinos to use official data, according to Seeley. He noted that unofficial data could have different results for the speed of a pitch, if something was an error or hit, and so forth. It is important that the same bet at different casinos has the

same result. Also playing into the integrity factor of the game, the league would like a cut of the pie on their games to counteract added risk. Seeley said they believe if casinos are going to offering betting on their games, the casino should give them a small percentage of what they are making. “We face vastly increased risks and we face increased costs,” said Seeley. “Horse racing is actually a good example, too. That is an example of where part of the purse, part of the betting, actually goes to

Missouri Gaming Association, pointed to other markets here in the United States and around the world as explains to be based off of. “It is not reinventing the wheel because Nevada has been doing it for decades. There is a good track record in Nevada of how to do it and how it needs to be regulated properly,” said Winter. “A lot of the operators who operate in Missouri already have operations in Nevada so they have been around sports betting.” It is important to have a good regulatory framework in Missouri that gives consumers assurance that their bets are handled properly and they will get paid, he noted. That includes running bets through a licensed casino or casino platform and giving the Missouri Gaming Commission regulatory authority and rulemaking ability. Since casinos are already regulated by the gaming commission, Winter said it makes sense to give them regulatory authority over sports wagering. He also noted that they have rulemaking abilities as is, and that should be extended to include a new area of the industry. Winter raised concerns over single-source data requirements, fees paid to leagues, and giving leagues abilities to regulate what games can be bet on. “Whether you want to call it an integrity fee or a royalty fee, which is off the total amount wagered, off of the handle, we have concerns with that,” said Winter. “The issue with the integrity fee or royalty fee is that sports betting has a relatively

“IF MISSOURI IS GOING TO LEGALIZE SPORTS BETTING, WE THINK IT SHOULD BE DONE IN A WAY THAT REALLY PUTS FANS AND SPORTS FIRST AND RECOGNIZES THAT THERE ARE INCREASED RISKS AND INCREASED COSTS THAT GO ALONG WITH VASTLY INCREASED SPORTS BETTING.” the tracks and goes to the horses. Which is kind of the model we are asking for, where a small percentage of the money — much smaller than in horse racing — goes to us.” From the casinos When it comes to legalizing sports wagering, Missouri does not have to start from scratch. Mike Winter, Executive Director of the

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small profit margin.” On average, 95 percent of all money wagered at a sports book is paid to the winning bettors, according to Winter. The example he presented was on a $100 bet, $95 would be paid to winners, $0.25 would go to a federal excise tax, $3.35 would go to overhead costs, and — under one proposal — $0.34 would go to Missouri, leaving the casino with $1.06 in earnings. Sports wagering is not a big money-maker for casinos, with Winter noting, “We view it as another amenity we can offer our patrons.” The casinos also raised concerns about provisions that would require sports betting operators to only get data through the professional sports leagues. He pointed out that in Vegas and other places around the world with legalized sports betting, there has been no requirement to only use one specific entities data. “We view it as more of a statutory stream of revenue going to the sports league by requiring in the statute that we would have to contract with them or an entity they tell us to contract with. It is requiring a sole source of data rather than allowing us to determine who we want to purchase that from,” said Winter. Sports wagering is simply another option Missouri casinos would like to be able to offer, Winter said. And the Show-Me State has several models to work from as they create the framework for which it can operate.

SPORTS BETTING

LEGALIZED SPORTS WAGERING FROM THE PERSPECTIVES OF CASINOS, LEAGUES


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STATE LEADERS COMMEMORATE 50TH ANNIVERSARY OF VIETNAM WAR

The Missouri Times

Alisha Shurr The eagle represents courage honor and dedicated service. The blue circle signifies vigilance, perseverance, and justice. The laurel wreath is a time honored symbol representing victory, integrity, and strength. The stripes behind the eagle represent the United States flag. The six stars represent the six allies that fought alongside one another. The message on the back reads, “A Grateful Nation, Thanks and Honors You.” At a ceremony to thank and honor individuals who served in the country five decades ago, Gov. Mike Parson, Lt. Gov. Mike Kehoe, with other state and elected officials pinned lapel pins on the Vietnam veterans in attendance. Hundreds of people turned out for the Vietnam War 50th Commemoration Ceremony, with onlookers packing the rotunda. “The only reason we are all here today, the only reason we can live the American dream…is because of sacrifices people made before you. The sacrifices to this country, to this service, they stood on solid ground for me and you,” said Parson, a veteran himself. “I tell you it

is our time, it is mine and your time to stand on solid ground, to do our deed for our country, and to make sure the next generation has the same privileges, the same freedoms that me and you have today.” Parson noted that at 19-yearsold, he didn’t really understand the Pledge of Allegiance of the United States — he said it without true understanding of the importance. But when he wore the uniform of the United States Army, he then understand the importance of the flag and the Pledge of Allegiance. It wasn’t about the person wearing the uniform, Parson said, but the sacrifice they made for the country. And receiving their “DD214s” doesn’t end their service either because they never stop fighting to protect the same freedoms and privileges for the next generation. “The only way we can do that is standing up together, fighting for our country, putting country first, putting our Christian values, our moral values, our love for our state, our love for our country first,” said Parson.

“The only reason we are all here today, the only reason we can live the American dream…is because of sacrifices people made before you.

Photos provided by the office of the Governor www.missouritimes.com


Alisha Shurr

The contract award for Missouri’s seed-to-sale tracking software is under protest for the state’s budding medical marijuana program. The company who came in second in the request for proposal process formally objected on Thursday to the contract being awarded to a competitor. BioTrack, in their bid protest, is seeking to void the state’s contract with Metrc and have the contract on seedto-sale tracking be re-bid or awarded to them based on the point system used. BioTrack and Metrc are two of the top companies nationwide for seed-tosale tracking, with nine and 11 states contracting their services, respectively. According to Marijuana Business Daily, Metrc won four of the seed-tosale contracts awarded in 2018 while BioTrack won the other two. Bid protests are common. This particular fight is three-pronged, with Missouri’s constitution playing a role along with the RFP requirements. “Acceptance of Metrc’s proposal would also conflict with Article XIV of the Missouri Constitution because it imposes unauthorized fees on licensees and limits their ability to use other commercially available tracking systems,” the protest states. The voter-approved constitutional amendment establishing a framework for medical marijuana requires that the Missouri Department of Health and Senior Services certify two commercially available systems for tracking. The amendment also stipulates the department has no authority to apply or enforce any rule or regulation imposing any undue burden.

An integral part of Metrc’s tracking system is radio frequency identification (RFID) tags. The cost of the RFID tags is shouldered by the user, and was outside the cost bid in the RFP. According to the protest, since Metrc’s system requires the use of their own proprietary RFID tags, it violates the constitutional provision requiring more than one system. The protest also notes with the user barring the cost of the RFID tag, it amounts to “additional licensure fees that would be required of industry participants that are not authorized by Article XIV.” The cost of the tags is another point of contention by BioTrack. They allege the pricing was supposed to be “firm and fixed,” not variable. “But Metrc’s pricing is variable because Metrc will charge licensees to purchase RFID tags from Metrc. Therefore, the cost depends on the number of plants, licensees, and cannabis inventory production,” states the protest. The bid protest goes on to state, if the Office of Administration is not going to reject Metrc’s bid for going outside of the designated rules then every vendor should be given the opportunity to submit a proposal incorporating variable costs. This is not the first time Metrc has been awarded a contract and their RFIP tags became the center of controversy. In 2017, the company withdrew their proposal in Washington State after the cannabis governing board declared it would not require the tags as part of the tracking system following tag fee complaints.

APPEALS COURT RULES CONVICTED MAN NOT ON HOOK FOR $18K JAIL BILL Kaitlyn Schallhorn

A convicted Missouri man is not on the hook for an $18,000 jail bill Montgomery County attempted to impose on him after his criminal case was moved to the area, an appellate court ruled Tuesday. Douglas Boston pleaded guilty to child molestation charges in January 2015 and was sentenced to 14 years behind bars. While serving his time in state prison, however, Boston received a notice from a debt collector demanding he owed an $18,493 bill imposed on him by Montgomery County. The state had already paid nearly $6,000 to the county as part of that bill, but still, the county required the full amount from Boston. While Boston’s case was ultimately decided in Montgomery County, it had originated in neighboring Warren County, and state statute “is very clear cut” in who is responsible for jail costs in change of venue cases, argued Matthew Mueller, a Missouri public defender who served as counsel for Boston in his appeal of the bill. State law, Mueller said, puts the original county on the hook for the costs. The Missouri Court of Appeals in the Eastern District sided with Mueller, about two months after he argued the case before it. “[W]hen a change of venue has occurred in a criminal case, the county that originated the

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prosecution by indictment or information — in this case, Warren County — is responsible for costs even though the prosecution was handled and concluded in a separate county — here, Montgomery County,” the court ruled. “Accordingly, we hold that … Montgomery County’s only recourse was to seek recovery of its costs from Warren County.” In its opinion, the court maintained Montgomery County was “without statutory authority to seek or recover costs from Boston or the State, such actions were improper,” and an earlier trial court’s decision not to retax Boston’s cost was in “error.” But, Mueller noted, the court took its decision a step further and ruled any costs already recovered by Montgomery County — such as from the state — be refunded. He said there are at least several dozen other cases with a change in venues in Missouri that could ultimately be impacted by the court’s decision. “Any of those cases where the state has already paid, could they be entitled to a refund? This case is really interesting in that respect,” Mueller told The Missouri Times. It’s possible Warren County could attempt to collect any debts from the state or Boston — especially if Montgomery County seeks reimbursement from it — but Mueller speculated it would remain the county is on the hook

for the total cost and not get reimbursed. Boston, 42, pleaded guilty to child molestation in January 2015 and received a 14-year sentence. He could be eligible for parole after he’s served at least 85 percent of his sentence, Mueller said. “That was my big point when I argued to the Court of Appeals,” Mueller said. “I know that my client is in prison right now. He is going to be released at some point, he’s going to be coming back into society, and he doesn’t need these debt collectors coming at him for something he doesn’t owe. He’s not responsible for those costs. Let him try to get on his feet without trying to worry about this when he gets released from prison.” Earlier this year, the Missouri Supreme Court ruled in a unanimous decision courts could not threaten people who are unable to pay their jail debts with additional prison time. The state’s highest court deemed in March there is no statutory authority for the practice of taxing jail debts — or “board bills” — and requiring people who struggle to pay the fines to repeatedly appear in court with the threat of further incarceration, thus creating a potentially never-ending cycle. Multiple state lawmakers, as well as the attorney general, have also sought to end the practice of so-called debtors’ prisons.

EXECUTIVE

Medical marijuana seed-to-sale tracking contract under protest

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The Missouri Times


Reaching Compromise and Maintaining Local Control

The Missouri Times

OPINION

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Sen. Mike Cierpiot

On April 15, the Missouri Senate sent to the Missouri House of Representatives a bonding plan to help fund the repair and replacement of several of our state’s aging bridges. Senate Concurrent Resolution 14 proposes issuing $301 million worth of bonds to address the needs of 215 bridges across the state. The plan seeks to minimize long-term debt by requiring it to be paid off over the course of seven years, as opposed to the original proposal of 15. The issuing of bonds is also contingent upon Missouri receiving a federal infrastructure grant that will help pay for the replacement of the Interstate 70 bridge at Rocheport, Missouri. I believe SCR 14 reflects a compromise that helps keeps our highways safe. It is no secret that our roads and bridges need to be repaired, and the longer we wait, the worse they will get. This bonding proposal will allow us to immediately address some of our infrastructure needs and free up funds for other projects. As this plan works to solve some of our infrastructure needs, other important projects in our local area have the potential to be prioritized and receive funding. At the end of the day, this plan is not a silver bullet for our transportation infrastructure needs, but it does move us in the right direction.

The Missouri Senate also debated Senate Bill 391 this week. This legislation prohibits local county commissions and health departments from regulating agricultural operations beyond state laws and regulations. I oppose this legislation. I support local control and believe it best to leave matters like this that have the potential to impact not just property owners, but the overall health of a community in the hands of that local community. It’s important to recognize that the same voters who are electing members of the Missouri General Assembly are also the ones electing these local commissions. If commissioners do something that the community doesn’t like, I believe the best remedy is for citizens to elect new commissioners, not for the General Assembly to intervene and prevent county officials from doing the job they were elected to do. Just as SB 391 works to weaken our local governments, I believe it empowers the state, especially the Missouri Department of Natural Resources, to have more authority over our day-to-day lives. I have great hesitation about this. Additionally, by moving disputes to the state level as opposed to the local level, I believe it will be harder to address issues as they come up.

FLOOD PROTECTION MUST COME FIRST ON MISSOURI RIVER Eric Bohl

The Missouri River has subsided for now, but it is almost sure to come back with a vengeance. This is a conclusion that seems inescapable for thousands of Missourians who live, work and farm along the Missouri River. Frustration with the increasing frequency and severity of flood events over the past 30 years may have finally reached a boiling point among farmers and policymakers. There seems to be a growing realization that something needs to change in order to prevent or reduce future flooding, and it needs to happen now. In the wake of the March floods, elected officials and local leaders have worked tirelessly to decide what actions we must take that can lessen flooding threats. A handful of actions are gaining steam among farmers, advocacy groups and community leaders. Some of these ideas have broad support among Missouri’s political leaders but will face steep opposition from others. The idea with broadest consensus is that the Missouri River should be managed for flood prevention first and foremost. When originally designed,

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Congress authorized the Missouri River management system to provide consistent flood control and navigation. Over the years, Congress added six new authorized purposes: hydroelectric power, irrigation, water supply, water quality, recreation and fish and wildlife (including preservation of endangered species). These eight purposes push and pull against each other in what has become an impossible balancing match. Many residents along the river believe that river management has become far too focused on the fish and wildlife preservation mission, spending millions of dollars on projects to encourage fish to spawn at the expense of proper flood control. Since the additional purposes were added to the Corps of Engineers’ river operations manual, flooding has become far more common and severe. Missouri Farm Bureau President Blake Hurst testified in Iowa before a field hearing of the U.S. Senate’s Environment and Public Works Committee on April 17. In his testimony, he said, “While we support science-based species recovery

efforts, any planned habitat construction projects that increase flood risk should be discontinued immediately.” A broad coalition of agricultural and river advocacy groups recently asked the Missouri Congressional delegation to pass a bill explicitly stating that flood control is the primary purpose of the system. Congressman Sam Graves has introduced a bill that would accomplish this, H.R. 2174, but it needs to add substantial support from beyond Missouri to become law. As Mr. Hurst said at the Senate hearing, “Flood control and protection of human life and property must be paramount in any discussions regarding Missouri River management. … To do the same things and expect better results is the triumph of hope over experience.” We cannot stand idly by as floods continue to ravage our land. We must encourage our elected officials to take action now to protect our farms and communities from additional preventable disasters.


CHANGING SECTION 230 COULD RESTRICT FREE SPEECH, DAMPEN INNOVATION Karan Pujji Every generation, new technologies revolutionize our economy and our way of life – and regulations follow shortly after. This happened with factories, with cars, with televisions – and many of these regulations, like child labor laws and seatbelts, were absolutely necessary. But regulation is a double-edged sword. For instance, excessive regulation in the financial and healthcare industries has made both more expensive and less efficient. This year, some lawmakers are hoping to drastically change how the internet is regulated. They have their sights set on Section 230 of the Communications Decency Act, called CDA 230 for short. Section 230 could be the most important law ever written about the internet. Without it, we probably would not have seen a world wide web populated with user content. That’s everything from comments, to social media posts, to dating apps. CDA 230 states that internet companies aren’t liable for what users say and do on their platforms, so long as the companies act responsibly to restrict illegal content. It strikes an important balance between holding internet companies accountable while also protecting the First Amendment rights of users. In other words, if you or I post something on social media, we — not the social media company — are responsible for the consequences of that post. This balance paved the way for the explosion of tech innovation these last two decades. Yet critics claim that Section 230 gives internet companies the legal ability to restrict speech. Most recently, Missouri Senator Josh Hawley said Congress should amend the law to provide “more speech.” But altering or eliminating Section 230 would have the opposite effect. If internet companies could be sued for everything said on their platforms, then they would have no choice but to crack down on speech to avoid frivolous lawsuits. Alternatively, they would have to allow all speech protected by the First Amendment — which unfortunately includes things like hate speech. And Section 230 protections go far beyond speech. Taking them away could stifle future tech innovation and hurt the economy. Think about it: entrepreneurs might be less enthusiastic about starting

a new tech company if they knew they could be sued by every troll from every corner of the internet. And that liability increases, in lock-step with the size of your company. More posts equals more people who can sue you. Dampening tech startup momentum up would be terrible for the economy. According to CompTIA’s yearly Cyberstates report, the tech industry employs over 11.5 million people nationwide, and has an output of $1.6 trillion, representing over nine percent of the overall economy. Those jobs aren’t just in Silicon Valley. According to the same report, over 203,000 Missourians are employed in tech jobs, contributing $20 billion to the state economy. Not only that, Missouri is becoming something of a hot spot for tech startups in the region. We should be passing legislation to empower entrepreneurship, not scare it away. To make matters worse, it’s not just the tech industry that would bear the brunt if Section 230 protections are eliminated. All businesses, from larger companies to mom-and-pops on Main Street, rely on the internet for things like marketing, sales, and operations. If online ads goes away, expensive billboards become the next, best option for many small businesses. According to the Small Business Administration, the Show-Me State had over 523,000 small businesses employing 1.1 million people in 2018. Many small businesses operate on the slimmest of margins; if Congress damages one of their best tools – a free and open internet – many businesses could face closure. As Congress starts debating internet regulation, protecting small businesses, job creation and economic growth should be top priorities. Senator Josh Hawley has fought to change tech regulations since his days as our Attorney General, but his proposal to weaken Section 230 is not the change we need and could end up doing more harm. Missourians should let Senator Hawley and all of our representatives in Congress know that any regulation of the internet and data collection should stand on the side of free speech and small businesses in Missouri, not big government regulators.

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The Missouri Times

RED FLAG LAWS ARE A GIANT RED FLAG Eddy Justice

I am an unabashed believer in our Constitutional rights. When the Founding Fathers enshrined gun ownership as a right of American citizens in the Constitution, they knew what they were doing. They were so adamant on the right to bear arms that they declared that this right “shall not be infringed.” Let me be clear: firearm ownership is a right afforded to every American, and that right should not be obstructed without due process. I believe it is important to recognize that a lawabiding individual has a right to own a gun free from government surveillance and interference. Some folks may want to make sure firearms do not fall into the hands of dangerous individuals; we all want to protect our communities and families, but we cannot do it at the cost of our freedom. Gun ownership is as important a right as the right to a fair trial, freedom of speech, and freedom of faith. Gun rights cannot and should not be forfeited without a clear, strict, and narrow set of rules that respect due process and are enforced clearly and consistently. At

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present, there is talk floating around the Missouri Capitol to implement Red Flag laws right here in Missouri. Red Flag laws do not meet the definition of due process that deprives someone of a firearm; rather, it’s government run amok. Currently, a lot of coastal states have Red Flag laws. These laws allow the state government to forcibly seize a person’s firearm if they receive a complaint from someone stating that person poses behavior that implies they could be dangerous. It is a law designed for friends and family members to signal to the government that someone they know should not own a firearm because they could pose a threat, then in comes the sheriff or the police to suspend that person’s constitutional right to own a firearm, taking away their gun, and holding it until the person is no longer viewed as a threat by the government. And that’s it. No due process, no trial, no conviction. Just a tip-off to the government that so-and-so should not have a gun, and then it is taken. That is not how rights work, that is not how liberty works. Our rights can only be

forfeited if we committed a crime and are found guilty by a jury of our peers, not because Neighbor A does not want Neighbor B to own a gun. Red Flag laws should be a giant red flag to everyone in our state that radical liberals are trying to make it easier for the government to take away our firearms. It gives government too much power, it curtails our rights, and ignores the Constitution. It creates a subjective measure of who should and should not own a gun and then strips away a person’s rights for a “future crime” they might commit. Any Missourian with even cursory knowledge of the Constitution can tell you that an American cannot be punished, imprisoned, or forfeit their freedom until they commit a crime. We cannot allow these radicals to dictate who can and cannot own a firearm. I for one will join with responsible firearm owners and freedom-loving Missourians to stand our ground against Red Flag laws or any such law that would deprive Missourians of their liberty without due process.


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CHECK ANY TIME AND SIGN UP TO RECEIVE THE CALENDAR IN YOUR EMAIL WEEKLY AT THEMISSOURITIMES.COM/CALENDAR Sent events for included to calendar@themissouritimes.com.

29 Standing with Children Luncheon – 11:30 a.m.-1 p.m. 29 Women in Policy Discussion 11:30 a.m.-12:30 p.m. 29 Brown & Burlison fundraiser 7 – 9 p.m. at Realtors

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30 Lake of the Ozarks/ Tri-County Lodging Association Ice Cream Social 30 Concerned Women for America of Missouri (CWA of MO) Day at the Missouri Capitol

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May 2 National Day of Prayer and Salute to our Military and Vets – Rotunda – Noon 7 Moms Demand 10 Last day for floor action on appropriations bills 17 Last day of session June 8 Cattlemen’s Steak Fry – State Fairgrounds – Social Hour at 5:00 p.m., Dinner at 6:00 p.m.

July 14 Last Day for Governor to Veto Bills 19 Missouri Soybean Association PAC Golf Tournament – Richmond August 2 Missouri Soybean Association PAC Golf Tournament – Dexter 28 Passed Legislation Goes Into Effect

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The Missouri Times

Activity Date Lobbyist Name Principal From To 04/24/2019 Gray, Rodney D Ronald McDonald House Charities of Mid Missouri 04/23/2019 04/24/2019 Holliday, Tami J Ronald McDonald House Charities of Mid Missouri 04/23/2019 04/24/2019 Moore, Susan Henderson Ronald McDonald House Charities of Mid Missouri 04/23/2019 04/24/2019 Robbins, Thomas Central States Water Resources 04/24/2019 04/24/2019 Tilley, Steven Central States Water Resources 04/24/2019 04/23/2019 Christie, Lisa Donald Hermann on behalf of Cryptic River Management 04/01/2019 04/23/2019 Clark, Jacqueline LafargeHolcim NA 04/01/2019 04/23/2019 Gibbons, Michael R Missouri Cattlemens Association 04/23/2019 04/23/2019 Hawk, Shanon M Pace-O-Matic 04/18/2019 04/23/2019 Swain, W ‘Wes’ Scott Missouri Hemp Producers Association 04/23/2019 04/23/2019 Workman, Tricia A Missouri Cattlemens Association 04/23/2019 04/22/2019 Dugger, Tony Missouri Cattlemens Association 04/19/2019 04/22/2019 Foley, Andrew Missouri Cattlemens Association 04/19/2019 04/22/2019 Foley, James Missouri Cattlemens Association 04/19/2019 04/22/2019 LaFaver, Jeremy Missouri Pork Association 04/22/2019 04/22/2019 Panettiere, Salvatore Missouri Pork Association 04/22/2019 04/19/2019 Clark, Jacqueline Holcim, Inc. 04/19/2019 04/19/2019 Clark, Jacqueline Aggregate Industries Management, Inc. 04/19/2019 04/19/2019 Doenges, Candice Lance Griffith 04/19/2019 04/17/2019 Bardgett, Jacqueline Tellus Health Corp. 04/15/2019

04/17/2019 Bardgett, Jacqueline Gregory Germano 04/15/2019 04/17/2019 Bardgett, John E Tellus Health Corp. 04/15/2019 04/17/2019 Bardgett, John E Gregory Germano 04/15/2019 04/17/2019 Biswell, George ‘Cannevangelist TM’ Everett George E Biswell 04/17/2019 04/17/2019 Gray, Rodney D Nola Education, LLC 04/17/2019 04/17/2019 Holliday, Tami J Nola Education, LLC 04/17/2019 04/17/2019 Leonard, Erika Tellus Health Corp. 04/15/2019 04/17/2019 Leonard, Erika Gregory Germano 04/15/2019 04/17/2019 Luckey, Nicole Invenergy 04/17/2019 04/17/2019 Moore, Susan Henderson Nola Education, LLC 04/17/2019 04/17/2019 Roepe, Christopher ‘Chris’ Tellus Health Corp. 04/15/2019 04/17/2019 Roepe, Christopher ‘Chris’ Gregory Germano 04/15/2019 04/17/2019 Wrobel, Ian Ian Wrobel 04/17/2019 04/16/2019 Boyd, Rodney US Capital Development 04/16/2019 04/16/2019 Burch, Jerry Donald Hermann on behalf of Missouri Son Inc 04/01/2019 04/16/2019 Burch, Jerry Donald Hermann on behalf of Cryptic River Management 04/01/2019 04/16/2019 Casas, Kate US Capital Development 04/16/2019 04/16/2019 Christie, Lisa Donald Hermann on behalf of Missouri Son Inc 04/01/2019 04/16/2019 Grace, Brian US Capital Development 04/16/2019 04/16/2019 Grote, Michael Independent Colleges & Universities of Missouri 04/15/2019 04/16/2019 Simmons, Kelvin US Capital Development 04/16/2019 04/16/2019 Winter, Michael G Independent Colleges & Universities of Missouri 04/15/2019 04/15/2019 Thelemaque, Henrio Independent Colleges & Universities of Missouri

Freshmen to Watch: Rep. Robert Sauls Kaden Quinn From his work as a prosecuting attorney to a public defender to an assistant staff judge for the U.S. Air Force, freshman Rep. Robert Sauls has a full life of public service under his belt. Now, serving in the state House, Sauls, a Democrat, has made it his goal to look at the state legislature from all perspectives so he can better serve his community and country. “I’ve dedicated my life to public service,” Sauls told The Missouri Times. “I’ve been a prosecutor, I’ve been a public defender, and captain in the Reserves… To me public service is very important, and I see value in that. Ultimately this is just a way that I can continue to contribute and do my part.” Sauls believes the transition from lawyer to representative has helped him understand how to approach the legislature as well as be cognizant of different perspectives people hold and why they have them. Sauls said he hopes to create personal relationships with his political colleagues and by working together they will be able to pass legislation more efficiently. “I think it’s been helpful because if you’re a practicing attorney you deal with opposition every day,” Sauls explained. “It’s not uncommon for people to disagree with me, and I think that I’ve learned in that capacity. As a prosecutor, I had to deal with public defenders. As a public defender, I had to deal with prosecutors, and at the end of the day, you could zealously represent your

position and still be cordial as well as go out and have a beer afterward. That’s something that I think has been lacking.” “I try to make a point to meet with conservatives as well as Democrats,” Sauls continued. “I’ve gone to lunch with many Republicans with the whole intent of reaching an understanding and building a relationship. I think that’s important.” Although his main focus is to help bring parties together, Sauls is most passionate about issues involving criminal justice reform and the expansion of Medicaid. That being said, any issue benefiting Missourians is something he said he can be proud to stand behind. The representative hopes to protect ballot initiatives for Missouri voters with HJR 42. According to Sauls, the resolution would modify the legislation to repeal statutory provisions on ballot initiatives and keep the legislature from interfering with the will of the people. “That’s something I’m really passionate about,” said Sauls. “I know there’s opposition to that in the House, but basically it gives strength to ballot initiatives. That’s the will of the people, those are things that the people have put in place, and I think they’re successful because we’re not doing the job here. Things of that nature pass overwhelmingly because the legislature’s not doing what the people want and any attack on that is an attack on democracy itself.”

www.missouritimes.com

Women in Policy’ roundtable event to be held at Capitol this week

PEOPLE

Lobbyist Moves

Kaitlyn Schallhorn

A group of women involved in a variety of roles across Missouri’s political and policy spectrum will lead a roundtable discussion next week about their respective fields and what it took to land their careers. The “Women in Policy Discussion” panel guests include: Kellie Ann Coats, executive director of the Missouri Women’s Council; Missouri Supreme Court Judge Patricia Breckenridge; Anna Hui, director of the Department of Labor & Industrial Relations; state Rep. LaKeySha Bosley; Alex Cypert, chief of staff for Senate Majority Leader Caleb Rowden; and Kate Casas, partner at the Nexus Group. T h e s i x women plan to “discuss how they got to the top of their field and w h a t the y’ve learned along the way.” It is hosted by the Missouri Women’s Council, the Women’s Foundation, and the Women’s Policy Network of

Missouri. The event will be held on Monday, April 29, at 11:30 a.m. in HHR3. Earlier this month, Missouri women celebrated the 100th anniversary of gaining the right to vote in the Show-Me State. Before the 19th Amendment to the U.S. Constitution was officially adopted in 1920 — prohibiting denying the right to vote on the basis of sex — the Missouri General Assembly passed legislation allowing women to vote for the president and vice president in the 1920 election. The bill was signed by then-Gov. Frederick D. Gardner on April 5, 1919. “Anniversaries like this one help us to remember how far we’ve come, and how far we still want to go,” Coats previously told The Missouri Times. “When you vote, it’s about so much more than putting pen to paper. The right to vote is a sacred pillar of democracy; it’s the embodiment of representation, of an individual’s voice and impact.”

“Anniversaries like this one help us to remember how far we’ve come, and how far we still want to go.”


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The Missouri Times

SUNDAY MORNINGS KANSAS CITY - 38 THE SPOT AT 10:00 A.M. ST. LOUIS - ABC 30 KDNL AT 11:00 A.M. MID-MO - CONNECTIONS 22 AT 11:00 A.M. SWMO - CONNECTIONS 22 AT 11:00 A.M.

STREAM ONLINE AT TWMP.TV

www.missouritimes.com


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