First Weekly Legislative Report by flyboyor

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									January 23, 2009 New Beginnings and Continuity
The first three weeks (8 “legislative days”) of the 95 th General Assembly, 1st regular session, are history. The session began on Jan. 7 and will end at 6:00 PM on May 15. Each session normally consists of 65-70 legislative days. As usual, the first few days involve ceremonial and basic housekeeping functions, as well as opening remarks from the leaders of both chambers. Rules must be adopted and new committees organized. More than 520 bills have been introduced, including 46 that will be of interest to the substance abuse and addiction field. (see below). Each year between 1,500 and 1,800 are introduced and about 150-200 are likely to pass. Republicans will again control both Senate and House. They have substantial majorities in both chambers: 23-11 in the Senate and an 89-74 advantage in the House. This year, however, the control of the Office of Governor goes to Democrat Jay Nixon, who was inaugurated on January 12. The first few days were marked by bipartisan spirit, although partisanship did begin to appear during debate on amendments to the House Rules and will probably become noticeable as the session progresses. Big news on Day 2 was the announcement by U.S. Senator Kit Bond that he plans to retire at the end of his term, in 2010. People interested in running for Sen. Bond‟s seat are already making moves which will have effects on future legislative rosters and the ranks of statewide officials. Governor Jay Nixon‘s State of the State and Executive Budget Address is scheduled for Tuesday, January 27, at 7:00 PM. He will present his policy priorities and budget recommendations at that time. The State of the Judiciary Address will be delivered on the next day, Wednesday, January 28.

Four Browns, Three Joneses and Other Multiples
Most of the information about legislators has been posted on the websites, with the exception of some biographies of freshmen. The roster of this year‟s House of Representatives includes four people named Brown, three people named Jones, and couples of Smiths, Wilsons, and Hoskins. There is a Fischer and a Fisher, a Shively and a Silvey. This will make reading the electronic voting board more difficult than usual. If you ask for one of them, it would help to mention the person‟s first name. You‟ll need to be even more careful if you want Steve Webb rather than Stephen Webber. The portal for access to all things legislative in Missouri is: http://www.moga.mo.gov/.

The Continuing Effects of Term Limit Legislation
All Senators and Reps were sworn in, including 42 freshmen in the House and 6 freshmen in the Senate. Four of the Senators are former House members. Only Sens. Kurt Schaefer (RColumbia) and Eric Schmitt (R-St. Louis County) are new to the Capitol building. Rep. Chris Kelley (D-Columbia) is not really a freshman Representative. He returns to the House after serving from 1982 to 1994 and chairing the Budget Committee. He was an Associate Circuit Court Judge from 2000-2006. Kelly unseated Republican Ed Robb in the November election. NOTE: There are now 29 lawyers in the legislature, or 15% of the 197 total. 16 Republicans; 13 Democrats. Almost all legislators are part-time. Many occupations and professions are represented. Ten Senators and 54 Representatives are completing their final terms, which means a more substantial turnover in 2010. The numbers may be even larger due to resignations, retirements, or defeats in bids for re-election. Resignations may be due to decisions to run for another office. This means a continuing need for orientation and education – for freshman legislators as well as their constituents. In 1992, Missouri voters approved by a margin of 75% an amendment to the state‟s constitution limiting the years a legislator may serve. Service is limited to 8 years in the House and 8 years in the Senate. It was amended in 2002 to allow those filling seats vacated after a term‟s midpoint the opportunity to subsequently run for up to 4 complete two year terms in the House and/or up to two complete four-year Senate terms. The number affected varies each year due to the status of those who were in office when the new law went into effect.

House and Senate Leaders Elected
Election of leadership teams was non-controversial, thanks to party caucuses last year. Sen. Charlie Shields (R-St. Joseph) is the Senate‟s #1, President Pro Tem, succeeding former Sen. Mike Gibbons. Shields, 50, was Majority Floor Leader last year. The Minority Floor Leader is Sen. Victor Callahan (D-Independence). Other members of the Senate Leadership can be found at http://www.senate.mo.gov/09info/leaders.htm. The new House Speaker is Rep. Ron Richard (R-Joplin). He is the former chair of the House Committee on Job Creation and Economic Development. Richard, 62, is the current owner of two bowling establishments in Joplin (including two liquor licenses), has “full duties” with C & N Bowling Corporation, and served as Mayor of Joplin, 1994-1997 and Joplin City Council, 1990-1994. Speaker Richard has appointed the following members to the strategic Rules Committee, which determines, among other things, which bills and how much time will be spent in debate on all House bills sent to it by other committees. The Committee was chaired by Rep. Shannon Cooper for the past two sessions. The new Chair is Rep. Mike Parson (R-Bolivar) and Vice Chair is Rep. Stanley Cox (R-Sedalia). Other appointees are Reps. Bryan Pratt (R-Blue Springs), Rep. Steven Tilley (R-Perryville), Kenny Jones (R-California), Larry Wilson (R-Flemington), Brian Munzlinger (R2

Williamstown), Mike Talboy (D-Kansas City), John Burnett (D-Kansas City), Jake Zimmerman (DOlivette), Don Calloway (D-St. Louis), and Stephen Webber (D-Columbia).

Senate Getting Educated
Senate President Pro Tem Charlie Shields has scheduled several Seminars, to educate the Senate on a variety of policy issues. In January, there have been seminars dealing with the Uninsured (Jan. 14), Energy Policy, Life Sciences, Transportation Infrastructure and Development, Agriculture, Education (from early childhood through elementary and secondary, Economic Development, Higher Education. These are educational sessions, not committee hearings, and Sen. Shields is in control of topics and guest speakers. They are open to the public, as are all events except caucus meetings. The “uninsured” seminar involved “presentations and discussion on cost of the uninsured and how to make insurance more affordable to Missourians.” Presentations were made by Dwight Fine, MO Hospital Association; and Steve Bledsoe, Blue Cross & Blue Shield of Kansas City. The seminars provide clues to 2009 priority interests of Senators. Look for updates at http://www.senate.mo.gov/09info/hrings.htm.

House Committees Appointed
House Speaker Richard posted the rosters of 48 committees on January 15. He reduced the number of “Special Committees” from 26 to 8. The formerly “Special” Committee on Health Care Transformation is now a Standing Committee. Officers of some of the committees to which bills of interest listed in this report will be assigned:
Committee
Appropriations - Health, Mental Health & Social Services Appropriations – Public Safety & Corrections Budget Corrections Crime Prevention Elections Health Care Policy Judiciary Children & Families Elem. & Second. Education General Laws Healthcare Transformation Tax Reform Urban Issues Ways & Means Public Safety Local Government

Chair
David Sater (R-Cassville) Dwight Scharnhorst (R-Manchester) Allen Icet (R-Wildwood) Mike McGhee (R-Odessa) Scott Lipke (R-Jackson) Bill Deeken (R-Jefferson City) Wayne Cooper (R-Osage Beach) Bryan Stevenson (R-Webb City) Cynthia Davis (R-O‟Fallon) Maynard Wallace (R-Thornfield) Tim Jones (R-Eureka) Rob Schaaf (R-St. Joseph) Joe Smith (R-St. Charles) Ted Hoskins (R-Berkeley) Mike Sutherland (R-Warrensburg) Mike Bruns (R-Jefferson City) Jason Brown (R-Platte City)

Vice Chair
Ray Weter (R-Nixa) Therese Sander (Moberly) Rick Stream (R-Kirkwood) Scott Largent (R-Clinton) Shelley Keeney (R-Marble Hill) John Diehl (Town & Country) Will Kraus (R-Raytown) Stanley Cox (R-Sedalia) Doug Ervin (R-Kearney) Rodney Schad (R-Versailles) Dwight Scharnhorst (RManchester) Bob Nance (R-Excelsior Springs) Larry Wilson (R-Flemington) TBA Shane Schoeller (R-Willard) Jeannie Riddle (R-Mokane) Joe Smith (R-St. Charles)

The committee which develops recommendations on the budgets for the DMH Division of Alcohol and Drug Abuse is the House Committee on Appropriations—Health, Mental Health & Social 3

Services. Of the 12 members on the roster, 7 served last year and 5 are new. Hold-overs from 2008 are the Chair, David Sater (R-Cassville), Vice Chair Ray Weter (R-Nixa), Wayne Cooper (ROsage Beach), Jeff Grisamore (R-Lee‟s Summit), Rob Schaaf (R-St. Joseph), Shalonn “Kiki” Curls (DKansas City), and Rebecca McClanahan (D-Kirksville). New members are Rodney Schad (RVersailles), and four freshmen: Anne Zerr (R-St. Charles), Tishaura Jones (D-St. Louis), Jeanne Kirkton (D-Webster Groves), and Bert Atkins (D-Florissant). The Committee began scheduling hearings immediately after rosters were announced. They began on January 21. Public and provider testimony will be heard, in sign-up order. The hearings are expected to continue into the following week. Call 573-751-1480 to sign up. For advocates, presentation at public hearings is only one way to communicate needs to legislators. Communicating in other venues, and by other means, is recommended in any case. Of the 29 members of the Budget Committee, which acts on the recommendations of the appropriations committee, 13 members are serving for the first time, 6 of them freshmen, though Rep. Chris Kelly (D-Columbia) is not a true freshmen, having served for 12 years earlier in his career, including two years as chair of the Budget Committee when the Democrats were the Majority Party. New members are: Tom Flanigan (R-Carthage), Jay Wasson (R-Nixa), Sally Faith (St. Charles), Denny Hoskins (R-Warrensburg), Mark Bruns (R-Jefferson City), Mike Thomson (R-Maryville), Rebecca McClanahan (D-Kirksville), Rachel Bringer (D-Palmyra), Sam Komo (House Springs), Chris Carter (D-St. Louis), Jason Kander (D-Kansas City), and James Morris ( D-St. Louis). Continuing from last year are Rep‟s Icet (Chair), Stream (Vice Chair), Cunningham, Dethrow, Hobbs, Sater, Schaaf, Schlottach, Silvey, Scharnhorst, Curls, Storch, Harris, Lampe, Wildberger, and Hughes. For complete rosters, see http://www.house.mo.gov/billtracking/bills091/jrn/jrn006.htm.

Key Personnel in the New Administration
Governor Jay Nixon‟s staff includes John Watson, Chief of Staff, who held the same post in the Attorney General‟s office since 1997. Policy Director is former State Rep Jeff Harris, a Columbia Democrat who served as House Minority Leader, and was unsuccessful in his campaign for Attorney General. Department heads (subject to Senate confirmation) include Margaret Donnelly as Director of the Dept. of Health and Senior Services. Donnelly served on the House Appropriations Committee for Health, Mental Health and Social Services for 4 years and often spoke in strong support of mental health and substance abuse services. Ronald Levy will be Director of the Dept. of Social Services. Levy is former president and CEO of SSM Health Care in St. Louis. John Britt, Director of the Dept. of Public Safety, is a 27 year veteran of the U.S. Secret Service and, more recently, headed security operations for Anheuser-Busch. Karen Mitchell, Director of the Dept. of Revenue, is Gov. Nixon‟s former Chief Deputy Attorney General. Among the gubernatorial appointments forwarded to the Senate for advice and consent: Lynne Angle, to the Consolidated Health Care Plan Board of Trustees; Ron Dittemore of St. Joseph and 4

Phillip McClendon of Joplin, both re-appointments to full terms on the Mental Health Commission. Kenneth E. Meyer of Springfield has been appointed to the Missouri Wine and Grape Board, which uses the 12-cent per gallon surcharge on wine (sometimes referred to as the excise tax on wine) for research and promotion. (NOTE: All were withdrawn i.e. rescinded by order of new Governor Jay Nixon on January 12; they may be re-issued).

Twin Budget Clouds
Late in 2008, budget leaders from both chambers, Rep. Allen Icet (R-Wildwood) and Sen. Gary Nodler (R-Joplin), expressed their concerns that Missouri will experience a budget shortfall before the end of FY2009, which ends on June 30, 2009. The amount mentioned most frequently is the $342 million predicted by Jay Nixon‟s budget advisor during the transition. They followed up by having letters sent to the state department directors asking them to submit scenarios of how budget cuts anywhere from 10 to 25 percent would affect their departments. It is not likely that the cuts will be that deep, but it is certain that two dark clouds will be hovering over the legislative session – appropriations for FY 2009 and FY2010. Silver linings could only appear if the overall economic picture brightens considerably, which no-one is predicting for 2009. States are also counting on help from Congress and the President. Missourians have been bracing for bad economic news for several months. In a St. Louis PostDispatch story by veteran Capitol reporter Virginia Young (11-17-08), former governor Roger Wilson is quoted: “It‟ll be about as much fun as a root canal the next 18 months.” Also mentioned is that the state treasury has not yet seen the impact of the stock market meltdown. That will show up in April, when taxes are paid on dividends and capital gains. April will also be the crucial time for new revenue reports and projections. The National Association of State Alcohol and Drug Abuse Directors (NASADAD) has urged Congress to include an increase of at least $100 million for the federal Substance Abuse Prevention and Treatment Block Grant (SAPT) in the economic stimulus package being considered and given top priority by President Barack Obama. A letter, sent to the House and Senate leadership as well as members of the House and Senate Appropriations Committees, notes that states are facing major fiscal challenges. NASADAD reported that nearly 70 percent of the state substance-abuse agencies are facing either a hiring freeze or laying off staff, about half have cut services, and 42 percent expect budget cuts in the future. [Source: Join Together, 01-16-09]. The letter was sent on Dec. 18, and it is likely that economic conditions of the states have worsened since then. The U.S. House Committee on Appropriations issued a release containing a summary of its Economic Recovery Package (ERP) proposal on January 15. It is entitled “American Recovery and Reinvestment,” a huge package of $275 billion in economic recovery tax cuts plus $550 billion in “thoughtful and carefully targeted priority investments with unprecedented accountability measures built in.” (emphasis theirs). We find the following ominous words in the introduction: “The economy is in a crisis not seen since the Great Depression ……Conservative economist Mark Zandi was blunt: ‗the economy is shutting down.‘‖ The document does not make references to the SAPT Block Grant. It does include  $87 billion for Medicaid for Medicaid Aid to States 5

     

$8.6 billion for Medicaid Coverage for the Unemployed $3 billion for a Prevention and Wellness Fund $1 billion for the Community Services Block Grant $2.5 billion for Temporary Assistance for Needy Families $$200 million for AmeriCorps Programs $100 million for the Compassion Capitol Fund, “for grants to faith-based and com-munity organizations to provide critical safety net services to needy individuals and families.”

The 13-page release can be found at http://www.frac.org/pdf/recoverybill_approps.pdf.

Not As Bad as Most Other States
Three themes were repeated in opening remarks by Senate and House leaders: (1) Missouri‟s economic situation is not as dire as those of most other states; (2) the budget will be balanced without tax increases; and (3) tough times enable legislators to do some things which they would not be able or willing to do in good times. Legislators on both sides of the aisle made appeals to bipartisan cooperation in the face of difficult decision-making. Priorities for Senate President Pro Tem Shields will be economic development, healthcare, and an educated workforce. He emphasized the need for a clear “collective vision” and strategic planning to accomplish the stated goals. “Our system has given us the results we are getting,” he said. He wants to make Missouri a place where businesses can thrive. He envisions Missouri moving from “the middle of the pack” of states, in terms of indicators, to the “top ten” states. This will be quite challenging, in view of the short supply of General Revenue. He intends to find solutions to the healthcare problem by getting more of the 700,000 uninsured people covered, but is opposed to expanding MO HealthNet (formerly Medicaid). He envisions a combination of “blending funding streams and creating market incentives.” Speaker Ron Richard urged his House colleagues to pass legislation related to a “Family Recovery Plan.” The plan consists of creating and attracting new jobs to the state, providing tax relief by simplifying the current code and providing a modest tax cut for all Missourians, increasing accessibility and affordability of health care, and investing in alternative energy resources. “We will be asked to do more with less,” he said. He expects the dollars reduced by tax relief to “flow back into the economy to offset any revenue we may lose as the result of a tax cut.” He also cited his intent to uphold values such as opposing abortion and pursuing the right to carry concealed weapons, citing Missourians‟ desire for “a free and open society.”

150 State Employees Terminated
The Associated Press reported on January 7 that Gov-Elect Jay Nixon had “issued pink slips to about 150 state employees …. ending their jobs the moment he takes office next week. The termination letters were sent primarily to employees in Cabinet-level, senior staff or policy-making positions, said Nixon spokesman Oren Shur…” “In December, Nixon‟s gubernatorial transition team sent letters to about 600 employees whose jobs were not covered by the state‟s merit system. Those letters asked employees to either justify 6

their positions or lose them. Employees were directed to submit their resumes and cover letters through an Internet site. The Web site also asked them to describe their current job duties, their qualifications and the „importance of your current position to the mission of your agency. Shur said that Nixon‟s transition team reviewed all the applications of employees wanting to keep their jobs before sending out the termination letters.” Shur said that “some positions will be consolidated or eliminated altogether in order to make government more efficient during these difficult economic times.” Pete Lobdell, Supervisor of the Division of Alcohol and Tobacco Control (DATC), was one of the 150 employees pink slipped. Acting Supervisor (division director) is Mike Schler, former Deputy Supervisor. DATC‟s stated mission is “to ensure the public health and safety as affected by intoxicating beverages.” DATC has 38 enforcement personnel to process, monitor and enforce compliance with more than 27,000 licensees (new and renewal) annually statewide. It also collects about $31 million in “gallonage charges” (excise taxes) and $4 million in license fees annually. It also does prevention/enforcement work dealing with underage drinking and tobacco use. None of the terminations were sent to the Department of Mental Health, according to DMH staff.

Inauguration Day for the New Administration
Selected quotes from Governor Nixon‟s January 12. Inaugural Address, which was given the title “A New Day for Missouri:”         “Today we stand united. United by the common uncertainty of our future.” “The challenges we face are historic. But so are the opportunities.” “Too many Missourians are working harder and harder, but are not getting ahead.” “We are a state born from pioneers and innovators.” “Here in Missouri we will not only compete. We will lead.” “… for too many years, politics and partisanship have stood in the way of progress. And the people of Missouri are tired of it.” “Tough times call for a renewed sense of purpose. A new day for public service and volunteerism” “We love our families and our faith. We have a strong tradition of neighbor helping neighbor. And when times are tough, we meet the challenges, and we always come back stronger.”

He did not offer policy solutions to the problems of unemployment. Specifics will be included in the January 27 State of the State and Executive Budget message. You can read the text of the full address at http://www.governor.mo.gov/newsroom/speeches. Taking the oath of office on Inauguration Day were, in addition to Governor Jay Nixon, four other statewide officeholders: Lt. Governor Peter Kinder, a Republican; Secretary of State Robin Carnahan, a Democrat; Clint Zweifel, a Democrat; and Attorney General Chris Koster, a Democrat. An interesting “social interest” note here is that Kinder and Koster were not accom-panied by spouses. They are both single. 7

Senate Bills Introduced
In Numerical Order

SB 2 (Scott) – ALCOHOL-RELATED ACTIVITIES ON RIVERS. Prohibits beer bongs, jell-o shots, large containers, Mardi Gras paraphernalia, styrofoam coolers, etc on Missouri rivers. Penalty is class A misdemeanor. SB 8 (Champion) – CRIME LAB REVIEW COMMISION -Commission” to independently review lab operations. Creates a “Crime Laboratory Review

SB 9 (Champion) -- MH PROFESSIONAL TO HEALTHNET OVERSIGHT – Adds one mental health professional – psychiatrist, psychologist, or professional counselor, to the MO HealthNet Oversight Committee. SB 18 (Bray) – UNIVERSAL HEALTH ASSURANCE – Health care coverage for all Missourians via single-payer program. SB 26 (Ridgway) – BAN ON ALCOHOL VAPORIZERS (AWOL) – Prohibits possession and use of vaporizers, which is defined. Also prohibits intentional induction or abuse of solvents or alcohol. [See also HB 62, below] SB 33 (Wilkson) – DROP-OUT PREVENTION – Creates the MO Strive to Succeed Graduation Program in DESE. Allows school districts to apply for grants to implement drop-out programs, which are described, and include early intervention. A minimum of $5 million to be appropriated by the General Assembly for this purpose. SB 34 (Wilson) – FOOD STAMPS FOR FELONS IN RECOVERY – Enacts the federal option of providing food stamps to convicted felons who have completed a substance abuse treatment program approved by the Division of ADA, with disqualification if random drug test produces a positive result. SB 36 (Goodman) – NO PROBATION OR PAROLE FOR RAPE OF A CHILD – “Forcible compulsion” includes “the use of a substance administered without a victim‟s knowledge or consent which renders the victim physically or mentally impaired….” SB 44 (Pearce) – REGULATIONS FOR PRIVATE JAILS – Includes penalties for bringing in alcohol or illicit drugs. SB 46 (Schaefer) – MINIMUM PRISON TERMS UNLESS TREATMENT IS SUCCESSFUL – Requires felons to serve 85% of prison terms but allows for court ordering defendant to participate and complete substance abuse treatment and have penalties dismissed, reduced or modified. Failure to complete treatment results in re-imposition of the 85% minimum. SB 58 (Stouffer) – AMENDMENT OF COMMERCIAL DRIVER LICENSES – Among other provisions, prohibits expungement of records for Minor-in-Possession of alcohol (MIP) charge for holders of 8

commercial driver licenses or persons operating a commercial vehicle at the time of the violation. Also, no expungement if the person is found guilty with a BAC of .04 or greater at time of offense. SB 61 (Wilson) – YOUTH SMOKING PREVENTION – Creates the Youth Smoking Prevention Trust Fund in DHSS, funded by Tobacco Master Settlement Agreement, and Commission for Youth Smoking Prevention, to provide funding for evidence-based prevention programs proven to reduce smoking by youth.. Commission to include representation from various not-for-profit advocacy organizations as well as Director of DMH. SB 73 (Stouffer) – DRUG TESTING FOR TANF APPLICANTS AND RECIPIENTS --. Requires DSS to develop a program to test applicants and recipients of Temporary Assistance for Needy Families (TANF) when a caseworker believes, based on reasonable suspicion, that such person engages in illegal use of drugs. DSS shall refer persons testing positive to an appropriate substance abuse treatment program approved by the DMH Division of ADA. Eligibility of dependent children would not be affected. SB 86 (Crowell) -- DRUG TESTING FOR TANF APPLICANTS AND RECIPIENTS – Similar to SB 73, above, including referral for substance abuse treatment SB 93 (Green) – DRUNK DRIVING RISK REDUCTION AWARENESS PROGRAM – MoDOT to establish and administer a memorial sign program, to be placed near the scene of a DWI crash. Any person may apply to MoDOT to sponsor a memorial sign in memory of an immediate family member who died as a result of an accident caused by a drunk driver. MoDOT may charge a fee for the service. Each sign shall feature the words “Drunk Driver Victim!” and the phrase “Who‟s Next?” SB 116 (Bray) – DROPOUT PREVENTION – Similar to SB 33, but with different conditions under a Persistence to Graduation Fund, to which the General Assembly must appropriate an amount equal to one percent of state funding for elementary and secondary education. SB 120 (Bray) – EXPANSION OF MEDICAL COVERAGE VIA MO CONSOLIDATED HEALTH CARE PLAN – Allows small employers (no more than 50 employees) to join the MO Consolidated Health Care Plan for state employees. SB 135 (Dempsey) – SCHOOL NURSE SALARIES – Requires school districts to pay registered professional school nurses on the same salary schedule as teachers. SB 140 (Smith) – CRIMINAL NONSUPPORT CASE DISPOSITION – Allow any circuit court to establish a division, with in family courts, for disposition of nonsupport cases. Such division shall have the authority to refer defendants to substance abuse treatment, education, vocational or employment training, or work programs. SB 147 (Dempsey) -- WORKPLACE PREVENTION PROGRAM -- Requires DHSS to develop the Missouri Healthy Workplace Recognition Program for the purpose of granting official state recognition to employers with more than 50 employees for “excellence in promoting health, wellness, and prevention,” with linkages to community organizations and well visits with health care providers. SB 160 (Crowell) -- METH-RELATED PRODUCT SCHEDULING -- Changes the scheduling of ephedrine, pseudoephedrine, and phenylpropanolamine to Schedule III controlled substances. 9

Provides for exemptions and revocation of exemptions if DHSS believes that an exempt product does not effectively prevent conversion of the active ingredient into meth. SB 170 (Shoemeyer) – ADDITIONS TO HEALTHNET OVERSIGHT – Adds several types of people to the MO HealthNet Oversight Committee, including a mental health professional and representatives of a not-for-profit health network serving rural counties. SB 183 (Bartle) – DRUG TESTING FOR TANF APPLICANTS AND RECIPIENTS – Same as SB 73, above, and HB 30, below. SB 192 (Shoemyer) – RE-DEFINITION OF “INTOXICATION-RELATED OFFENSE -- SB 192 Redefines the term "intoxication-related traffic offense" to include certain traffic offenses involving alcohol regardless of whether the defendant was represented by or waived the right to an attorney in writing. This term is used in the provisions providing enhanced penalties for persons who commit multiple intoxication-related traffic offenses

House Bills Introduced
In Numerical Order HB 30 (Brandom) -- DRUG TESTING FOR TANF APPLICANTS AND RECIPIENTS --. Requires DSS to develop a program to test applicants and recipients of Temporary Assistance for Needy Families (TANF) when a caseworker believes, based on reasonable suspicion, that such person engages in illegal use of drugs. DSS shall refer persons testing positive to an appropriate substance abuse treatment program approved by the DMH Division of ADA. Eligibility of dependent children would not be affected. Same as SB 73. HB 30 has 20 co-sponsors. HB 33 (Sater) – METH OFFENDER REGISTRY – Subject to appropriation, requires the State Highway Patrol to create, maintain, and make available for public inquiry on the Internet a registry of persons convicted of, found guilty of, pled guilty to or granted an SIS for certain drug offenses within the past 7 years. HB 33 has 4 co-sponsors. HB 34 (Sater) – SMOKING CESSATION GRANTS – Requires DHSS to match the amount of any grant money received for smoking cessation. The state will issue matching funds to eligible recipients, with a cap of $2 million in any fiscal year. HB 34 has 3 co-sponsors. HB 38 (Sater) – TOBACCO USE PREVENTION AND CESSATION – Creates the Tobacco Use Prevention, Cessation, and Enforcement Trust Fund to be used by DHSS for a comprehensive tobacco control program, using best practices guidelines, for prevention, cessation and law enforcement.. All money received from the strategic contribution payments received in connection with the Master Settlement Agreement are to be deposited into the trust funds, beginning in FY2009 (!) HB 38 has 4 co-sponsors. HB 62 (Lipke) – OMNIBUS CRIME PREVENTION BILL – Four of the 25 sections in this bill deal with substance abuse: (1) a ban on use or possession of alcohol vaporizers (same as SB 26, above); (2) expansion of the law dealing with drug distribution in or near a park, to apply to “any controlled substance” rather than the current limitation to heroin, cocaine, LSD, or meth; (3) revised definition of “intoxication-related offense,” to include any offense committed in another state or any federal or 10

military offense; (4) allowing courts to suspend or revoke a driver‟s license for violation of law involving illegal use or possession of drug paraphernalia while operating a motor vehicle. HB 117 (Storch) -- SCHOLARSHIP PROGRAM – Establishes a new scholarship, the Twenty-first Century Scholars Program, to be administered by the Dept. of Higher Education. Eligibility criteria include a signed agreement by the student and parent or guardian, to not drive while intoxicated, use drugs, run away, or become truant or delinquent. HB 117 has 14 co-sponsors. HB 123 (Komo) – EXPANSION OF MEDICAL COVERAGE VIA MO CONSOLIDATED HEALTH CARE PLAN – Allows small employers (no more than 50 employees) to join the MO Consolidated Health Care Plan for state employees. Same as SB 120. HB 132 (Fallert) -- EXPANSION OF HOURS OF SALE OF ALCOHOL – Allows certain charitable, fraternal, religious, service or veterans organizations that have a license to sell intoxicating beverages by the drink on their premises to open Sundays at 9:00 AM instead of 11:00 AM. HB 123 has one cosponsor. HB 137 (Hughes) -- D.O.C. INTERVENTION FEE -- Eliminates the payment of an intervention fee to the Dept. of Corrections as a condition of parole. It remains applicable to probation or conditional release. The intervention fee may be used to provide substance abuse assessment and treatment, in addition to other services. HB 143 (Hughes) – MISSOURI UNIVERSAL HEALTH INSURANCE ACT – Similar to SB 18. HB 146 (Hughes) – EXPUNGEMENT OF RECORDS -- Authorizes the expungement of certain criminal records including convictions for any nonviolent crime, misdemeanor, or nonviolent drug violation. HB 159 (Nance) – LIQUOR LICENSE CONDITIONS – Currently, a liquor license may not be denied, suspended, or revoked based solely on the fact that an employee has a felony conviction unrelated to the manufacture or sale of alcohol if the employee does not directly participate in retail sale. The bill repeals the restriction that the employee not directly participate in retail sale. HB 160 (McGhee) -- HOPE‟S LAW / CHILD ENDANGERMENT – Changes the laws regarding the crime of endangering the welfare of a child in the first degree. Any person with a drug law violation (except 35 grams or less of marijuana) in the presence of or in a residence where a person younger that 17 resides is guilty of a class B felony. HB 160 has 8 co-sponsors. HB 188 (Flook) – USE OF SCHOOL FUNDS FOR ALCOHOL – No school funds received by any public school district shall be used by school administrators, teachers, or any other personnel to purchase alcohol. HB 188 has 13 co-sponsors. HB 212 (Deeken) – SPECIAL FUND FOR THE REDUCTION OF ALCOHOL-RELATED PROBLEMS AND UNDERAGE DRINKING – A range of alcohol-related problems is detailed in the bill, as is the creation of a special trust fund, which would be the repository of funds appropriated by the General Assembly, private donations, and revenue generated by the gallonage charges on beer, wine and spirits. Onethird of the gallonage charges collected by the Division of Alcohol and Tobacco Control would be deposited into the fund for FY2011, two-thirds for FY2012, and all amounts from that source for FY 11

2013. One-half of the proceeds would be used for prevention and law enforcement and one-half for treatment and recovery support. A set of guidelines and criteria for appropriations from the fund includes effects on health and safety; demonstrated needs for well-coordinated programs at he community level; demonstrated readiness to develop, implement and evaluate programs and services; and support for programs and services identified in various sections of the Revised Statutes of the State of Missouri (RSMo). NOTE: This is compromise legislation developed in 2007 and approved by the House Committee on Health Care Policy. The original bill would have increased the gallonage charge rates by the equivalent of two cents per drink and generate about $44 million per year. Rep. Deeken has indicated that if there is support for the original bill in the committee which is to conduct a public hearing on the bill in 2009, then he would offer the original as a substitute. In an interview with Jefferson City News-Tribune reporters, Rep. Deeken “concedes the chances of passage remain slim.” (01/06/09) HB 212 has one co-sponsor: Rep. Mike McGhee (R-Odessa). HB 213 (Deeken) -- DRUNK DRIVING RISK AWARENESS PROGRAM – MoDOT to establish and administer a memorial sign program, to be placed near the scene of a DWI crash. Any person may apply to MoDOT to sponsor a memorial sign in memory of an immediate family member who died as a result of an accident caused by a drunk driver. MoDOT may charge a fee for the service. Each sign shall feature the words “Drunk Driver Victim!” and the phrase “Who‟s Next?” Similar to SB 93. HB 221 (Lampe) – LOBBYING BY FORMER LEGISLATORS – Prohibits elected officials from registering or acting as lobbyists for two years after leaving office. HB 221 has 7 co-sponsors. HB 277 (Meiners) – LEGALIZATION OR MARIJUANA – Prohibits the arrest or prosecution of a qualifying patient who possesses a written certification for the use of marijuana for medical purposes. Prohibits a physician from being subject to arrest, prosecution, penalty or denial of any right for providing written certification. Prohibits medical use when it compromises the health or well-being of another. Requires the Dept. of Health and Senior Services to issue registry identification cards. Requires an organization to register with DHSS to sell, deliver, distribute, cultivate or possess marijuana for medicinal use. HB 277 has 9 co-sponsors. HB 290 (Wells) – DRUG TESTING OF TEACHERS AND OTHER SCHOOL PERSONNEL -Requires the board of education of any school district to adopt a policy for the random testing of the district‟s teachers and other employees for the unlawful use of controlled substances. Any teacher or other employee who tests positive for unlawful use of controlled substances shall be immediately terminated from employment with the district. [No references to employee assistance programs or treatment as an option.] HB 291 (Wells) -- DRUG TESTING OF DRIVERS WHO HIT PEDESTRIANS -- Establishes implied consent to alcohol and drug testing of persons operating vehicles involved in collisions with pedestrians during daylight hours. HB 293 (Nance) – SCHOOLS TO PROVIDE INFO ON UNINSURED CHILDRENS PROGRAM TO PARENTS --- Expands the awareness and identification efforts of the state‟s health insurance for 12

uninsured children program (SCHIP) by requiring distribution of information about it to parents and guardians by school districts. The law currently requires DSS annual reports to the legislature on the effect of the program on “seriously emotionally disturbed children and children affected by substance abuse.” HB 308 (Nasheed) – REPLACE SALES TAX ON FOOD WITH TAX ON ALCOHOL -- Reduces the state sales on food (currently 1%) by equal percentages over a 5-years period so that by 2015 all retail sales will be exempt from taxation. The lost revenue would be replaced with revenue derived from the ―gallonage charges‖ on wine and spirits. The rates on wine and spirits would be increased each year to raise enough money to replace the amount lost that year with the reduction in sales tax revenue. Intent is to provide revenue for schools. All proceeds go into the School District Trust Fund.
NOTE: The summary in the Status Report on House Bills includes “sales tax on beer, wine and liquor” as a source of revenue. This appears to be at variance with the text, which does not refer to sales tax on alcoholic beverages, nor does it include beer. Efforts will be made to determine the sponsor‟s intent. HB 308 has four co-sponsors: Mike McGhee (R-Odessa), Steve Webb (D-Florissant), Bert Atkins (D-Florissant) and Roman LeBlanc (D-Kansas City). For the amount of alcohol revenue currently collected, see article below.

HB 318 (C. Kelly) – REPLACE INCOME TAX WITH SALES TAX -- Establishes the Income Tax to Sales Tax Act which requires the Dept. of Revenue to develop methods for replacing the state income tax with a state sales tax. Sales tax rebates would be provided to qualified families, using federal poverty guidelines. Contains a referendum clause, i.e. a ballot issue to be put on the November 2009 general election ballot. Question: Whether to eliminate individual and corporate income tax and estate tax and to enact a single, revenue-neutral sales tax on new purchases of goods and services, and to exempt property purchased for business or investment from the sales tax, and to provide each family with a monthly sales tax rebate? HB 344 (Nolte) - PROHIBITS THE USE OR POSSESSION OF AN ALCOHOL BEVERAGE VAPORIZER. Similar to SB 26 HB 62. Co-Sponsors: Ruestman (R-Joplin), Emery (R-Lamar) HJR 5 (Fallert) – SMOKING IN PUBLIC PLACES – Proposed a constitutional amendment prohibiting smoking tobacco products in public places or public meetings. The General Assembly “may enact laws which are not inconsistent with this section. To be submitted to the voters and placed on the ballot for the November, 2010 general election or at a special election called by the Governor for that purpose. NOTE: As of January 22, none of the above had been assigned to committee, and therefore no hearings on them had been scheduled. If you are particularly interested in one or more of the bills and wish to present testimony, it would be a good idea to check the Senate and House Hearings Schedule on a regular basis: http://www.moga.mo.gov/hearings.htm.

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United Methodist Conference Focuses on Church‘s Response to Addiction
“Addiction: How Will the Church Respond” is the title of a three-day working, interactive conference to be convened by the South Central Jurisdiction of the United Methodist Church on February 23-25, 2009 at the Mount Sequoyah Conference Center in Fayetteville, AR. The church‟s Missouri Conference is one of 11 area units, including the states of TX, OK, NM, NE, KS, and AR. Various workshops will follow keynote speakers dealing with theological issues, ministries, and advocacy for public as well as faith-related policy issues. Keynote speakers are Bishop Felton E. May of Washington DC, Rev. Brian Gould of Albany, NY, and Gerrit DenHartog of Jefferson City, MO. Methodists interested in participating are encouraged to contact Gerrit at 573-893-5448 or gdenhartog@sprintmail.com. Full reimbursement of conference-related expenses, including travel, is available to eligible persons, thanks to a special fund set up for this purpose by a private donor.

American Public Health Association Adopts Policy Statement in Support of Legal Drinking Age
A policy issue that got a great deal of attention nationally in 2008, and continues into 2009, is the legal drinking (purchasing) age. In the regard, the American Public Health Association (APHA) voted to adopt a policy, “Maintaining and Enforcing the Age-21 Legal Drinking Age,” at its October, 2008 meeting, followed by a December 22 press release. Key elements of the statement are, as follows:  Traffic fatalities are the leading cause of death among 15 to 24 year olds. Drivers aged 16 to 24 years old account for nearly 25% of the total traffic fatalities in the United States. This age of drivers is involved in a disproportionally greater number of fatal accidents than other age groups of licensed drivers. Youth younger than age 21 are also at high risk for experiencing a wide range of other alcoholrelated problems, including sexual assault, suicide, and risky sexual behavior. Recent research from New Zealand, where a lowering of the legal drinking age was associated with increased problems, further support the need for maintaining the 21 drinking age in the United States. The preponderance of research literature shows that as states lowered the drinking age during the 1970s, alcohol use, traffic crashes, and other alcohol-related problems increased among individuals younger than age 21. When the drinking was increased to age 21, consumption and alcohol-related problems decreased. The effectiveness of the age 21 drinking age is acknowledged by national agencies and organizations such as the National Institute on Alcohol Abuse and Alcoholism , the National Resource Council, the Institutes of Medicine, and the American Medical Association. . Supporting the age-21 drinking age and enforcing the drinking age to prevent underage youth from obtaining alcohol leads to further reductions in alcohol use and related problems.

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Recognizing that there are periodic efforts to lower the minimum legal drinking age, the American Public Health Association urges Congress and states to maintain and enforce the current age 21 drinking age across all states and to resist any efforts to lower the minimum legal drinking age.

AAA‟s Midwest Traveler magazine (Jan-Feb 2009), citing a report released by the National Highway Traffic Safety Administration (NHTSA) reported that an estimated 4,441 drunk driving deaths were prevented over a period of five years by minimum 21 drinking age laws, including 826 people in 2007 alone. Acting Administrator David Kelly said: “Turning our back on these laws would be a deadly mistake. Minimum drinking age laws are among the most effective measures ever used to reduce drunken driving deaths among America‟s young people.”

Revenue from Missouri‘s Alcohol Gallonage Charges Remains Stable
Missouri collections from the gallonage charges (sometimes called excise taxes but NOT in the MO Tax Code) on all three types of alcoholic beverages have remained virtually constant, regardless of increases in population and inflation, for more than 35 years. The FY 2008 total is $31,431,788. This resulted from the wholesale sales of:    141,173,000 gallons of beer (i.e. 235,277,000 six-packs) at $0.06 per gallon 11,091,000 gallons of wine at $0.42 per gallon ($0.12 per gallon goes to the MO Dept. of Agriculture, earmarked for research and promotion) 9,151,500 gallons of distilled spirits (liquor), at $2.00 per gallon

The gallonage charge rates on beer and liquor have not changed since 1970. If the rates had been adjusted for inflation since FY1974, the State of Missouri would have collected more than $126 million in FY2008. The actual amount collected in FY2008 was less than one-fourth of that amount. FY 2004 2005 2006 2007 2008 Beer $8,331,103 8,171,809 8,409,495 8,411,926 $8,470,416 Wine $3,902,201 3,975,043 4,295,223 4,496,355 $4,658,340 Liquor $15,792,060 16,159,921 15,839,282 18,434,076 $18,303,032 Total Alcohol $28,025,364 28,306,773 28,544,000 31,342,359 $31,431,788

Source of fiscal data: MO Division of Alcohol & Tobacco Control, Dept. of Public Safety, 2008. Analysis by Gerrit L. DenHartog, January, 2009.

Evidence-Based ―Kernels‖ Include Taxation on Consumptive Behaviors
High-regarded researcher Dennis Embry delivered a keynote address at the Nov 30-Dec 3, 2008 Missouri Prevention Conference co-sponsored by ACT Missouri and the Division of Alcohol and Drug Abuse. He and his colleague, Anthony Biglan, have developed and extensive taxonomy of what 15

they call ―Evidence-Based Kernels: Fundamental Units of Behavioral Influence.‖ Included in the examples of kernels is “Taxation on Consumptive Behaviors,” described as percentage of purchase price of goods such as cigarettes, alcohol and luxury goods,” with the behavior affected: “Increasing taxation on liquor or tobacco reduces consumption.‖ (The matrix does not indicate how large the increase needs to be to reduce consumption substantially). Embry encouraged his audience to share the information about kernels with policymakers; speak to others about what kernels can do; mobilize many for impact on many; launch a kernel project; and monitor, celebrate and expand the project. He closed his presentation with the statement: “From small beginnings come greater goods.”

Union, Missouri -- One of the ―God-Awful Places‖ Visited by ONDCP Chief??
A report released in October, 2008 by the U.S. House Committee on Oversight and Governmental Reform accused the Bush administration of using tax dollars to support Republican congressional candidates in the 2006 election. The report said that John Walters, head of the Office of National Drug Control Policy (ONDCP) was dubbed a “superstar” by White House staff member Karl Rove for touting federal grants at election-season news conferences by politically endangered Republican congressmen. Walter‟s trips to Missouri, Utah and Nevada were listed among at least 303 out-oftown trips by Bush appointees specifically labeled partisan political activities, which are prohibited by federal law. Walters‟ 19 trips were among 326 “recommended” by the White House. The political purposes were identified in numerous emails documenting the committee report. In one such emails Doug Simon, the liaison to the White House for ONDCP, wrote that Rove “opened the meeting with a thank you for all of the work that went into surrogate appearances by Cabinet members and for the 72 Hour deployment (!)…. Director Walters and the Deputies covered thousands of miles to attend numerous official events all over the country. The Director and the Deputies deserve the most recognition because they actually had to give up time with their families for the god awful places we sent them.‖ (Page 18) One of the places listed is Union, Missouri, where Walters appeared with Republican Senator Jim Talent for the announcement of a $500,000 grant for law enforcement. (.Source: The Activities of the White House Office of Political Affairs, pp. 13-23)

Gerrit L, DenHartog January 22, 2009

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