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NewsBook:  Missouri Government News for the Week of January 19, 2015

Missouri's Senate confirmed the appointment of former St. Louis City Police Chief Don Isom to continue as director of The Department of Public Safety with only two dissenting votes.

Isom, a black, had been named by Nixon to head the state's law enforcement department shortly after the Ferguson riots that erupted when a grand jury decided not to indite a white police officer for the shooting death of an unarmed black suspect.

 Senate Appropriations Committee Chair Kurt Schaeffer,R-Columbia, led the opposition to Isom's nomination and cited a federal court decision awarding damages in a discrimination lawsuit by a white St. Louis City police officer when Isom was police chief.

"What was found by the jury, he took the position that qualified officers need not apply for the position because he was going to  give it to an African-American woman," Schaefer said.

But a fellow Senate Republican said the issue involved a decision by lower staff in the city's police department that should not reflect on Isom.

"I don't think that you should wipe away the many years of service that he has had in St. Louis," said Senate President Pro Tem Tom Dempsey, R-St. Charles.

Missouri Chief Justice Mary Russell told lawmakers that "recent events suggest the need to review Missouri's municipal court divisions."

Russell's comments were made in the "State of the Judiciary" address to a joint session of the state legislature on Thursday, January 22.

Russell did not directly address criticisms that some city courts are too harsh on enforcing fines or using the city court system to boost city revenues.

But she suggested courts should have a different objective.

"It is important to ensure that municipal divisions throughout the state are driven not by economics, but by notions of fairness under the rule of law," Russell told lawmakers.

Before the legislature are bills to require options for lower income defendants in city courts to pay their fines such as by installment or community service.

Other measures would cut the maximum percent of a city's budget that can come from traffic fines.

The words of support came from Mike Reid during a hearing of the Senate Rules Committee concerning a bill that would impose stronger reporting requirements for lobbyists.

Reid is a lobbyist, but he also is a member of the association of lobbyists.

"We believe that we're out there to try to let you know who we spend money on and how we spend it and where it goes," he said. "It's the public's right know how we try...to do our job,"

Reid spoke as a witness neither supporting nor opposing the bill.

In addition to stronger reporting requirements, the measure would prohibit a legislator from becoming a lobbyist until two years after leaving office -- called a cooling off period.

The committee did not take an immediate vote on the proposal, sponsored by the Senate's Republican leader -- Sen. Ron Richard, R-Joplin.

Welfare, education and natural resources are among the few areas to see increases in state revenues under the budget plan Gov. Jay Nixon presented to the General Assembly on Wednesday, January 21.

Social services would see major spending increases in federal funds by expanding Medicaid financed largely by federal dollars, but Medicaid expansion has died in the legislature the past two years.

Republican lawmakers said it will suffer the same fate this year with a stronger Republican majority.

On education, Nixon made school improvement one of the recommendations in his package to address issues raised by Ferguson.

"Education is the great equalizer," he said. "When every child has a quality education, every child has the opportunity to succeed."

In natural resources, Nixon highlighted state parks and water quality.

"All over the state, drinking and wastewater treatment systems -- many built decades ago -- are starting to fall apart," Nixon said.

In total, Nixon's plan would slightly cut the total state budget below what the legislature had approved last year.

The reduction was not a surprise.

The governor had recommended and the legislature had approved a budget that turned out to be far higher than actual state tax collections -- forcing Nixon to make deep spending cuts.

Gov. Jay Nixon told lawmakers in his Wednesday, January 21, State of the State address that he will be traveling to Cuba in March to promote Missouri agriculture.

 But he suggested other benefits to the trip.

"Never underestimate the power of American democracy to improve people's lives and open hearts and minds. Once free markets begin to flourish, freedom will follow," Nixon said.

Sen. Rob Schaaf, R-St. Joseph, questioned the governor's decision to travel to a country controlled by a dictator and with a history of human rights violations minutes after Nixon finished his address.

Gov. Jay Nixon presented Missouri lawmakers in his State of the State address a broad set of recommendations to address issues raised after a white police officer shot and killed an unarmed black teenager. 

"The legacy of Ferguson will be determined by what we do next, to foster healing and hope and the changes we make to strengthen all of our communities", Nixon told a joint session of the legislature Wednesday night, January 21.

Cheers of "right, that's right!" could be heard in the House chamber as Nixon talked about Ferguson.

While Nixon's proposals addressed issues raised by various sides, his address came under attack from opposing sides.

Gov. Jay Nixon called for changes in police use of force and strengthening communities across the state. Two black lawmakers said Nixon's plan did not go far enough and a Republican legislative leader voiced concerns about using police as an "scapegoat."

Nixon proposed a number of changes:

Sen. Maria Chapelle-Nadal, D-St. Louis County, called Nixon's proposals to address police powers in using lethal force "right on," but she talked about the need for mental health reform for Ferguson protesters.

Sen. Jamilah Nasheed, D-St. Louis City, said his proposals were a "smoke screen" to obscure his failure to deploy the state's National Guard early enough after the grand jury decision to avoid damage and destruction to area businesses by rioters.

Missouri's Democratic governor extended an olive branch of to a joint session of Missouri's Republican-controlled legislature in Jay Nixon's State of the State address Wednesday night, January 21.

"Rumor has it that I don't spend enough time on the third floor," He said. "I hear you. And I'll be coming around more often," Nixon told legislators at the start of his address..

Nixon covered Medicaid expansion, ethics reform, and an increase in funding for education, just as he did in 2014 and 2013.

House Speaker John Diehl, R-Town and Country, said many of the bills Nixon referenced when talking about changes to police departments or municipal court reform will be seen in committees or are already there.

Sen. Jamilah Nasheed, D-St. Louis City, has been a frequent critic of Nixon's policy towards minorities and how he handled the response to the shooting death of 18-year-old African-American Michael Brown but is behind several bills Nixon highlighted in his address. 

In his annual State of the State address Wednesday night, Democratic Gov. Jay Nixon faced something he has never faced before: a Republican legislature with veto-proof majorities in each chamber.

He also faced a crisis in Missouri's transportation funding.

MoDOT said on January 14 that starting in 2017, they will only have money to fully maintain 8,000 of the state's 34,000 miles of roads.

To address that, Nixon raised two possible solutions to address the decline in funding: adding toll roads on Interstate 70 and an increase of the state's gas tax. 

"The Highway Commission's recent report showed that this approach could make I-70 better and safer and free up tens of millions of dollars for other roads around the state," Nixon said.

However, House Transportation Committee chairman Rep. Glen Kolkmeyer, R-Odessa, said a toll road would hurt Missouri businesses.

Kolkmeyer did agree with Nixon when it came to the state's gas tax, the nation's fifth lowest. 

"That may be something we really need to look at," Kolkmeyer said. "With prices low, now may be the time we need to look at it."

Former Senate Transportation Committee chairman Mike Kehoe, R-Jefferson City, also didn't rule out consideration of a gas tax increase.

"I think all of the transportation options have to be on the table," Kehoe said.

No specific proposals have emerged from the legislature as of yet, but Senate Transportation Committee Chairman Doug Libla, R-Poplar Bluff, said he's committed to solving the problem.

"We need to work hard on it and that's what I'll be doing as transportation chairman," Libla said. "We'll be looking at all avenues and working hard and reaching out to people."

Libla also said once Missourians get a good idea of what will happen to transportation funding, they'll fully understand the problem.

"I think once they see a lot of the maintenance being backed off a little bit, I think the reality will come to the head a little bit."

Legislation designed to revive the Missouri's struggling dairy industry had its first hearing in front of a Senate committee on Wednesday, January 21.

The Missouri Dairy Revitalization Act of 2015 contains several provisions to help support the state's dairy and livestock industries, which have been struggling over the past decade.The bill would reimburse dairy farmers for over 70 percent of their crop insurance and fund a study at the University of Missouri to see how the state can grow the dairy industry in Missouri.

The legislation is similar to a bill vetoed by Gov. Jay Nixon last year.

However, this year's dairy bill lacks a controversial provision classifying deer as a livestock and has the support of Nixon's agriculture department.

Senator Brian Munzlinger, R-Willamstown, sponsored the bill and said while he would have liked to include the deer language, he is happy with the current legislation.

"I feel good about it," Munzlinger said. "It would help provide more locally grown food, especially if you look at the dairy industry."

Local governments across Missouri may be getting less money from traffic fines and court fees.

The Missouri Senate Committee on Jobs, Economic Development and Local Government heard testimony from members of the public and local governments on Wednesday, January 21 concerning legislation that would change the amount of revenue cities recieve from things like parking tickets and fees assesed by judges.

The bill would also reduce the threshold for the general operating revenue for cities, towns, villages or counties from 30 percent to 10 percent.

Committee chairman and bill sponsor Sen. Eric Schmitt, R-Glendale, said local municipalities are taking the easy way out and taking more money from Missouri citizens than they should.

"Senate Bill 5 would help end these abusive traffic ticket schemes that are little more than ATMs for bloated big government budgets that have hit the poor especially hard," Schmitt said.

Schmitt said there are 14 municipalities in St. Louis County that take in more money from court fees and traffic tickets than anything else.

Committee member and co-sponsor of the bill, Sen. Jamilah Nasheed, D-St. Louis City, called the thirty percent cap "very alarming."

The mayor of Vinita Park, James McGee, said he opposes the bill because people need to be held accountable for their actions behind the wheel.

"It's not just about revenue, it's also about safety," McGee said. "We've had one person killed recently when someone was speeding. Being responsible needs to be a part of owning a car, and traffic fines hold you accountable."

A Missouri Senate committee voted 10-1 this morning to send the nomination of former St. Louis City Police Chief Daniel Isom to the full Senate after delaying the vote by a week.

Isom was nominated last year by Governor Jay Nixon to head the Department of Public Safety.

Senator Kurt Schaefer, R-Columbia, asked the committee last week to delay the vote due to concerns over a lawsuit filed against Isom during his time as St. Louis City's chief of police.

Isom, who is black, would be one of the state's highest ranking minorities if confirmed.

His appointment was announced not long after a white police officer shot and killed an unarmed 18-year-old black man.

It is unclear when the full Senate will consider his nomination.

The vote was overwhelming with 133 of the 162 House members voting to reject the pay raises, far beyond the two-thirds voted needed to reject the plan.

The pay plan would have provided raises for statewide elected officials, judges and legislators ranging as high as 11 percent.

The raises adopted by the Citizens Commission on Compensation automatically take effect until rejected by a two-thirds majority of both the House and Senate.

The legislature has until the end of January to act.

The resolution's sponsor, Rep. Jay Barnes, R-Jefferson City, argued that keeping the pay low for legislators assured the General Assembly remained a citizen legislature.

"Because in order to be a citizen legislator, you ought to have a foot still in the working world outside of this body," Barnes told his colleague.

But a Democratic member of the legislature charged his colleague with being spineless.

"You remember when you got elected, you checked that box that said 'I'm spineless' when I get down to the General Assembly I want to do things that only make sure I get reelected," said Rep. Mike Colona, D-St. Louis.

The resolution now goes to the Senate where that chamber's GOP leader gave it only a 50-50 chance of passing.

Senate Republican Leader Ron Richard, R-Joplin, said he did not know yet how he would vote on the measure nor whether he would allow it out of his committee if he were to oppose the resolution.

A "downright failure" is how the state's welfare system was described by the chair of the Senate committee holding the first legislature's first hearing on a welfare bill.

The Senate Seniors, Families and Public Health Committee heard a measure Tuesday, January 20, that would impose additional restrictions on two of the state's largest welfare programs.

The bill, sponsored Sen. David Sater, R-Cassville, would limit the lifetime limit a person could receive Temporary Assistance to Needy Families, or TANF, from five years to two. He also added the goal is to get people off the program and not rely on it in the long term. 

."Unfortunately, our program in Missouri is downright failing." Sater said.

The measure also would reimpose work or job-search requirements on recipients of the Supplemental Nutrition Program, once called Food Stamps. The money saved from the program would go to wards supporting childcare, education, and training for people currently on food stamps

Colleen Coble, the director of the Missouri Coalition Against Domestic and Sexual Violence, said the bill would be harmful to women who are trying to leave an abusive relationship.

"What most of us don't often recognize," Coble said. "is that money is right there with fear for keeping you in an abusive situation."

The bill would also suspend food stamps from people who are not either working, going to school, or actively looking for a job.

The food stamps would be suspended for 30 days until the person could show evidence of work activity.

Sater said he expected to have a vote on his measure next week.

Last Week

MoDOT Director Dave Nichols shows committee members a segment of I-70 to illustrate the deterioration that will occur overtime due to budget cuts.
Map of the only roads that would be covered for full maintenance and resurfacing.

The Missouri Department of Transportation announced it can only afford to completely maintain 8,000 miles of the state's 34,000 miles of roads.

The maintenance cutbacks are the result of a gradually shrinking budget and rising maintenance costs.

"We are on the edge or the bubble of a major destruction of our system because [the roads] aren't going to last long," MoDOT Director Dave Nichols told reporters.

The department plans to divide Missouri's roadways into two categories: primary and supplementary.

Primary roadways will be fully maintained by MoDOT despite these cuts.

These primary roadways, which include Interstate 70, make up 73 percent of vehicle travel across the state, and are spread equally among rural and urban areas.

Some of these roadways include Lindbergh Boulevard and Olive Street in St. Louis, Blue Parkway and Bruce Watkins Drive in Kansas City and Missouri Boulevard in Jefferson City.

The condition of Missouri's bridges is expected to deteriorate due to the cuts.

Only 483 bridges were described as being in poor or serious condition in 2014.

In 2024, that number is projected to increase to 1,434.

"Ultimately roads and bridges are going to continue to deteriorate with the revenue we have now," Nichols said.

Steve Miller, chair of the committee, said MoDOT is now looking to meet with voters across the state to determine the impact of this proposed system.

State Tom Sweich sworn in by Supreme Court Chief Justice Mary Russell and surrounded by his wife and two children.

State Auditor Tom Schweich said he will announce a decision next month as to whether he will run for the GOP nomination for governor in 2018.

Schweich's statement came just minutes after he was sworn in for his second four-year term as state auditor on Monday, January 12.

“I think you’ll probably know something by Valentine’s Day," Schweich told reporters.

Schweich's inauguration was a relatively informal affair held in his office with a couple dozen supporters.

"Missouri's state auditor has a much more constitutional power than most auditors around the country," Schweich said in a short inaugural address.

"We do performance audits. We make sure that public officials spending taxpayer money are doing so honestly."

But the Republican second-term auditor stressed that his approach to performance auditing would not involve getting involved with policy issues in his office audits.

"We stick to a very specific set of rules. We won't tell the Department of Mental Health how to keep people mentally healthy. We won't tell DESE (the Education Department) how to educate children," Schweich said.

"We can have an indirect effect on policy, but we don't second guess the policy judgments of the people we audit. We just make sure their office is running is correctly in accordance with the law."

Four decades earlier, Democratic State Auditor George Lehr took a much more aggressive approach to "performance audits" even launching an audit into whether Missouri consumers were best served by the policies of the state's utility regulating commission.

But Lehr's approach came under attack from critics who charged he was using his office to pursue a political agenda that was meddling in policy issues that were best left to the policy-making offices of legislators and the governor.

U.S. Sen. Clair McCaskill announced Monday, January 12, that she will not seek the Democratic nomination for governor in 2016.

The Democratic senator acknowledged her party had lost a majority of the U.S. Senate.

But the two-term Missouri Senator said her role as a moderate in the Senate was a factor in her decision.

"I am now in a part of a much smaller group holding down the middle, the moderates, that are able to talk to the extremes and say 'hey, we've got to get some compromises done for Missourians and for Americans,'" McCaskill said in an interview program with the Kansas City public radio station KCUR.

The former state auditor and state legislator declared her decision was "a firm no." Instead, she endorsed the only major Democrat to announce for governor -- State Attorney General Chris Koster.

On the Republican side, former House Speaker and U.S. Attorney Catherine Hanaway has announced her intention for the job. Supporters of State Auditor Tom Schweich have encouraged his entrance into the campaign. But the GOP state official declined comment on whether he would run.

During the interview program, McCaskill said she would campaign for a 2016 ballot issue to limit campaign contributions and lobbyists gifts.

Her term in the U.S. Senate expires after 2018 and she said it was very likely she would run for reelection.