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NewsBook:  Missouri Government News for the Week of September 30, 2013

A state audit reported Tuesday the Office of Administration failed to cancel purchasing card accounts for nine former state employees.

Deputy Auditor Harry Otto said they found no evidence people continued card use post-employment, but that the oversight is concerning.

"There's always a risk if you haven't collected the keys, the computer, the car and the cards, that they're going to be continued to be used for non-state use," Otto said.

State Auditor Tom Schweich's staff also found over 45,000 small dollar transactions totaling $1.8 million that could have been paid using purchasing cards.

The Office of Administration was not immediately available for comment. The audit deemed the overall performance of this entity "good".

  Republican statewide elected officials butt heads on government spending 10/03/2013

The state auditor said they found Lt. Gov. Peter Kinder using thousands from state funds for a website without legal authority to spend the money.

"The Lieutenant Governor received the $38,000 for a website that can be deemed duplicative, maybe even wasteful in itself," Otto said.

Kinder's campaign committee paid $1,189 for the site. The remaining $36,811 of the $38,000 Otto referenced funds Kinder's employees' salaries.

Otto said Kinder lacks legal authority to protect the identities of people who report potentially illegal government spending.

Kinder's office released a statement saying he was pleased with the overall good rating he received.

State Auditor Tom Schweich and Lt. Gov. Peter Kinder are the only two Republican statewide elected government officials in Missouri.

Donald Arnold, a member of the American Society of Anesthesiologists and the Missouri Society of Anesthesiologists, condemned the Missouri Department of Corrections decision to use Propofol in two upcoming Missouri executions.

"We strongly oppose the Missouri Department of Corrections use of Propofol in lethal injections due to the immediate impact it could have on our ability to safely administer anesthesia during surgery," Arnold said.

In 2012, Missouri opted to become the first state to use propofol during an execution. The state had to do that because the traditional three-drug combination of Sodium pentathol, Pancurium bromide, and Potassium chloride was in short supply.

Many in the medical community, including Dr. Mark Dershwitz of the University of Massachusetts, say when a large amount of Propofol is used, it can cause intense pain.

Arnold had a message for the Corrections Department.

"We would hope that there is a pathway forward that would prevent the use of Propofol in lethal injections as currently scheduled," Arnold said.

Missouri Secretary of State Jason Kander approved a proposal to amend the state’s Constitution on Wednesday.

The proposal would change the way judges are elected to the Supreme and Appellate Courts in Missouri. It would allow judges or judicial candidates to campaign for a seat in the court.

Currently Missouri follows the current Missouri Plan adopted in 1940. The Missouri Plan works by a nominating committee picking three candidates they feel fit the spot for an open judgeship. Once these candidates are picked, the governor then selects one of these candidates for the position.

John Elliott, President of The Adam Smith Foundation, crafted the proposal that would repeal the Missouri Plan. The petitions would require judges to be elected into their positions-allowing them to campaign, change the term limits from 12 to eight years, and switch to nine judges instead of seven.

“The petition would turn judges into politicians, which is a terrible idea,” said Skip Walther, Treasurer of the Missourians for Fair and Impartial Courts Committee.

Walther said judges are currently based on merit and intelligence, but repealing the non-partisan plan would change the whole playing field for the justice system.

Days after the Missouri Supreme Court upheld Governor Jay Nixon's right to withold budget funds in order to maintain a balanced budget, Nixon announced the state will save millions over the next few years.

The State Board of Public Buildings announced Wednesday that the state will save $900,000 this fiscal year because of bond refinancing. Missouri has saved $15.6 million so far this year as a result of bond refunding, according to Gov. Nixon.

In a press release, the governor said the refinancing was possible because of the state's fiscal discipline.

"Balanced budgets have meant lower interest rates and reduced principal, which in turn, has translated into millions in savings for taxpayers," Nixon said.

Going into the third day of the first government shut down in two nearly two decades, "non-essential" programs are still figuring out funding including parts of the Centers for Disease Control and Prevention.

At this time last year, the CDC had distributed 112.7 million doses of the vaccine while this year they have only distributed 73 million doses.

Spokesperson for the Department of Health and Senior Services Ryan Hobart was not concerned the shutdown would affect the process or amount of vaccines that have been dispersed.

"There are health providers all around the state already doing flu vaccine clinics," Hobart said.

Seven pharmacies from across the state all had vaccines in stock as of Thursday morning.

Several Missouri lawmakers in Washington D.C are refusing their congressional pay during the government shutdown.

Democratic Senator Claire McCaskill and Republican Representatives Vicky Hartzler, Jason Smith and Ann Wagner have openly stated that they will not accept compensation during the closure.

Their announcements came the day after the government shutdown officially started. The stance has become increasingly popular amongst the nations lawmakers.

As of Wednesday afternoon, at least 91 legislators have announced they will either donate or simply refuse their compensation during the shutdown.

Despite threats to lose $4.2 billion of federal support, Missouri Senators are still unsure if they are willing to expand Medicaid coverage.

At a meeting Wednesday morning, an appointed committee reviewed past reforms of the state's Medicaid system and instances of Medicaid expansion funded under the Affordable Care Act.

The committee scheduled witnesses and researchers to discuss provisions of the Affordable Care Act, other states' policies and current health care services and products.

After nearly four hours of testimony and debate, the committee's senators decided they weren't ready to agree on a draft.

Senate research staff members addressed committee concerns for Medicaid program recipients, like those who are unemployed and receiving benefits.

"There were some people who were taking advantage of the system who were not working and were staying at home," said Sen. David Sater (R-Cassville).

Some committee members didn't want to steer too far away from federal decisions.

"We need to figure out a way to mold a program that fits the basic parameters stipulated by the federal government," said Sen. Joseph Keaveny (D-St. Louis).

Missouri's Education Department came under criticism Tuesday over its handling of the state's unaccredited schools.

State Education Commissioner Chris Nicastro pitched several different options to a joint education committee tasked with finding solutions for the state's failing schools.

Sen. Jamilah Nasheed, D-St. Louis City, said by not addressing the problems of low socioeconomic status that many of the students face in the St. Louis and Kansas City areas, they would only be furthering a broader cycle of failure.

"If we aren't educating these kids, we are incarcerating them," said Nasheed.

The federal government began furloughing "nonessential" positions Tuesday.

State Budget Director Linda Luebbering said the federal government shut down will hit state programs with a loss of funding if it is not resolved within a few weeks.

"The state has some federal cash still available that we've already brought down, and we'll be able to continue those programs at least for a very very short time period," Luebbering said.

Some of the departments Luebbering said could lose funding for some of their programs are education, public safety, senior services, and transportation. Luebbering said the shut down will hit these programs with varying levels of funding cuts depending on how much of the departments are funded by federal grant money.

Luebbering said if Congress cannot reach an agreement on the debt ceiling, even programs like Medicaid and unemployment would face a loss of funding.

"If the debt limit is not worked out, there won't be federal funding available for much of anything," Luebbering said. "We've not gotten specifics from the federal government yet about exactly what that would mean, but we do believe that that would have a larger impact on our program."

The Missouri Supreme Court ruled Tuesday in a unanimous decision State Auditor Thomas Schweich does not have standing to sue Governor Jay Nixon in order to prevent Nixon from withholding budget funds.

Schweich sued Nixon in 2011 for withholding funds prior to the start of the new fiscal year.

The Court said in its ruling that Schweich did not have the legal standing to prevent Nixon from withholding funds. The state's high court ruled the auditor does not have constitutional authority to audit the governor before the end of the fiscal year, and Schweich "may be given no greater authority than set out in the Constitution."

In a press release Nixon wrote "The Missouri Supreme Court has confirmed once again that Missouri governors have the authority and the responsibility to rein in spending and keep the budget in balance."

The Court did rule that Schweich had standing to contest the $300,000 withheld from his office, but the injunction was filed before the start of the fiscal year and was premature.

Data from the Centers for Disease Control and Prevention (CDC) shows that as of September 24, Missouri only had six reported cases of the deadly disease.

Last year, Missouri had 20 cases.

West Nile Virus is transmitted by mosquitoes, who get the disease from infected birds. To prevent the disease the CDC recommends wearing long sleeves and pants at night, using mosquito repellent containing DEET and installing screens on windows and doors.

Missouri Department of Health and Senior Services spokesperson Ryan Hobart credits the public for the decrease in cases.

"A lot of times people who are taking the proper precautions when they're outdoors have a lot to do with it and just in general trying to avoid areas where there might be a high population of mosquitoes." Hobart said.

Missourians can only wait as the impending shutdown of the federal government moves ever closer.

If the U.S. Congress can not reach an agreement for a stop-gap spending bill before midnight, government agencies and programs deemed “non-essential” would begin closing their doors for the first time since 1995.

A federal shut down would have significant implications for several Missouri state Departments.

Bagnell Dam's new "step-up" transformers at the Lake of the Ozarks will raise the standard to transmit power to homes more efficiently.

The transformers will switch to $4 million gas-insulated transformers from the 80-year-old oil-powered ones.

Alan Sullivan-- consulting engineer for Ameren Missouri-- says he supports this change from the old transformers, which his grandfather helped install during the Great Depression.

"It is absolutely worth the money we spent both from a safety standpoint for the people who work here, environmentally for the Osage river below us and for safety of any pedestrian or vehicle traffic on the road above us," Sullivan said. "I think it's really neat that I'm here 80 years later to watch a new generation move in."

The transformers change the electrical pressure, the cost justification was on the concept of the gas transformer preferred from the oil-powered units, according to Sullivan.

Ameren Missouri is preparing the installation for the third of four transformers in the dam's project.

Despite being the man responsible for media inquiries for the Department of Labor, Tom Bastian refused a phone interview.

After numerous phone calls and emails requesting an interview, Bastian said he needed the questions to be asked emailed to him in advance.

When we told him that we could give the topic of the interview but not specific questions, Bastian said he was not available for an interview.

Last Week

The proposal of a Medicaid expansion was shut down last session by the Republican-led legislature. But lawmakers teamed-up on Thursday to find ways to settle their differences and fix the state's Medicaid program.

The chairman, Rep. Jay Barnes, R-Jefferson City, led the packed hearing room and gave the lawmakers until Oct. 15 to work on ideas to improve the state's Medicaid program.

"There are options for states to pick and choose a Medicaid program they want," Sidney Watson, St. Louis University law professor, said. "Every state looks different so they have the ability to pick different plans."

Lawmakers looked to other states such as Arkansas, Indiana and Iowa for guidance.

The St. Louis Post-Dispatch reports former Missouri House Speaker Catherine Hanaway is considering running for governor in 2016.

Hanaway has been out of politics since 2005. President George W. Bush appointed Hanaway as a U.S. Attorney in 2005, and she served until 2009.

Hanaway's last attempt into politics was the secretary of state race in 2004, where she lost in a close race against Robin Carnahan.

The former House Speaker told the St. Louis Post-Dispatch many have asked her to run, and she is giving "a lot of consideration" to that advice.

Hanaway is the first big Republican name to confirm she's considering putting a run for governor.

The federal government released an estimate Wednesday of what Missourians will pay for health insurance in the new online marketplace, which showed Missourians have fewer options.

The Department off Health and Human Services created the report, estimating a family of four on a $50,000 a year income would pay $798 a month on average for the “second-lowest-cost silver plan.” After a federal tax credit, though, that price could drop to $282.

Thirty-five other states other than Missouri will allow the federal government to run these health insurance exchanges, but Missouri might have some of the smallest amounts of policy choices.

Missourians on average can choose between 17 qualified health plans, which is well below the national average (only including the 36 states participating) of 53 choices.

State Sen. Eric Schmitt, R-St. Louis County, said Tuesday he thinks Missouri should do everything in its power to land the global headquarters for Archer Daniels Midland Co. (ADM.)

The agribusiness giant announced Monday it will move its global headquarters out of Decatur, Illinois, and is considering multiple metropolitan areas for the move.

"Most importantly, I think right now is for us to make sure we've expressed an interest," Schmitt said.

Department of Economic Development spokeswoman Amy Susan said she doesn't know if any state official has reached out to ADM.

"As far as my knowledge, I don't know of any concrete discussions being had with this specific company," Susan said.

ADM issued a statement saying the company will not discuss the selection process, but did list some criteria it is looking for.

A bailout for failing school districts in St. Louis County won support from key Republican members of the House Education Committee.

House Budget Chair Rep. Rick Stream, R-St. Louis County, said Tuesday he feels confident his fellow lawmakers will supply state aid for the Normandy and Riverview Gardens school districts.

"I'm cautiously optimistic that we're going to pass a bill next session," Stream said. "We hope to do it early in the session, January or February, get it on the governor's desk with an emergency clause so he can sign it." 

Francis Howell School Board President Marty Hoditz said money is just a band-aid covering the real problem.

"The state of Missouri has not stepped in early enough to help provisional and unaccredited districts in the state to achieve accreditation and maintain their accreditation," Hoditz said.

Francis Howell Superintendent Pam Sloan said being one of only a few schools receiving transferring students is a burden on her school district. She said she'd only support extra funds being given to districts like Normandy and Riverview Gardens if spending was monitored.

"How do I know they're getting better with the resources we're giving them?" Sloan said. "If we're going to give them something, how are they using it? How am i getting any reassurances that the money is being used effectively?"

The 17 members of the House Education Committee were halfway through a state tour Tuesday to hear feedback on education policy.  

A staffer for House Speaker Tim Jones, R-Eureka, who left a loaded firearm in a capitol bathroom on Friday has released an apology.

According to a press release, David Evans apologized to Jones and other staffers Tuesday afternoon.

The press release said he is extremely remorseful about this unfortunate incident and willing to take full accountability for his mistake and will never allow the mistake to happen again.

According to the press release, Evans will also be enrolling in a gun safety course.

Rep. Stacey Newman, R-St. Louis, said the act was irresponsible even though the staffer didn't break any laws.

"We have a responsibility particularly as legislators particularly in a public building to be responsible," Newman said. "This incident clearly wasn't."

Capitol Police responded to a call Friday morning that a firearm was left in a public restroom. Capitol Police determined the firearm was owned legally by Evans and returned the weapon to him. The gun had one round in the chamber and six remaining in the magazine.

Capitol Police found a loaded handgun in a public restroom in the basement of the state Capitol building on Friday. According to a police report, an officer found the Kahr CM9 9mm pistol loaded with, "one round in the chamber and six rounds in the magazine." Police also discovered all of the rounds were hollow point ammunition.

The gun belonged to David Evans - a newly hired legislative assistant in Missouri House Speaker Tim Jones' office. Jones, R-Eureka, did not return calls for a comment Monday. Evans has a valid conceal carry permit for the weapon and police gave it back to him after he was "able to identify the weapon by brand, caliber, color, size, the holster and the ammunition count and type that was in the weapon."

Rep. Stacey Newman, D-St. Louis, said Jones should should issue a public apology and reprimand Evans.

"We have a responsibility, particularly, as legislators, particularly in a public building, to be responsible, and this incident clearly wasn't," Newman said.

No charges are expected to be filed in the incident. Evans left the gun in the restroom on a Friday morning when the legislature was not in session. Had lawmakers been in session, there would have been heavy traffic in the building and the restroom.

"I think we might have been looking at a different scenario," said House Minority Leader Jacob Hummel, D-St. Louis. "Thank goodness no one was hurt in the incident."

Hummel called it "careless" and said he wonders if Evans got his conceal carry permit in the state of Missouri or somewhere else.

Representative Funderburk announced plans to work on a new Second Amendment Bill with the help of Senate Leader Dempsey, Majority Floor Leader Richard and Senator Nieves.

Funderburk sponsored the first bill and says he was confident the veto would be overridden.

"The majority of members of the Missouri Legislature support the underlying concepts of the bill. Now we have to find out where those few concerns are and get those addressed in a new bill."

Funderburk says they have not addressed any specific changes that will be made in the new draft, but work on the bill will start soon.

MO HealthNet waited nearly 2 months to notify over 20,000 individuals that their personal information may have been mailed to an incorrect address.

MO HealthNet issued a press release September 23 about a computer system error that was discovered on July 25.

Personal information may have been mailed to incorrect addresses by Infocrossing Inc. between December 21, 2009 and June 7, 2013.

While 1,347 individuals were notified on August 5, MO HealthNet waited until today to notify the additional 25,461 people.

They say the type of information potentially released does not include any medical or financial information.

MO HealthNet says they have corrected the computer error.

Rebecca Woelfel who issued the press release was unavailable for comment.

The Missouri Conservation Department asks hunters who notice fewer deer this season to let the deer population recover.

MDC Resource Scientist Emily Flinn recommended hunters watch for effects of the "most widespread and intense outbreak documented in Missouri," according to the MDC deer status report.

Flinn said every county in Missouri recorded suspected cases of the disease last year-- this season will begin revealing full deer population impact.

“I would recommend not harvesting as many doe if you're still seeing fewer deer,” Flinn said. “Doe are the means for the population to grow."

Flinn said the population has already resisted the disease this year, partially because of the cooler weather.

The full effects will be fully expressed in two to three years, according to the MDC report.

She said there are currently a few hundred recorded cases of HD this year, compared to the 3,000 cases filed this time one year ago.