MOScout Daily Update: Phase Two Coming - Haahr Objects! - Suit to Block MedEx Vote - Franklin Exits PDMP - STL Airport Redux and more...
Driving the Day: Reopening Phase Two
With the “Phase one” reopening order expiring on Sunday, Governor Mike Parson promised to outline what “Phase two” will look like at today’s press briefing. With his recent shoulder shrug at businesses flouting the last order, it’s unclear whether the new rules really matter.
Haahr Objects to Senate Reconsideration
Yesterday’s House Journal notes the signing of the bills which have been truly agreed and finally passed. In it, various members register their objections. For example, Rep. Mike Moon goes on the record calling several bills Hammerschmidt violations, and Rep. Peter Merideth says that the “CLEANER” proposal is unconstitutional.
But the most interesting objection comes from Speaker Elijah Haahr. It could make an interesting court case if anyone pursued it.
I hereby object that House Committee Substitute for Senate Bill No. 782, as amended, which was truly agreed and finally passed by the Senate on May 14, 2020, was not presented to me…
Article III, Section 31 of the Missouri Constitution requires that “every bill which shall have passed the house of representatives and the senate shall be presented to and considered by the governor”….
On May 14, 2020, House Committee Substitute for Senate Bill No. 782, as amended, was read the third time and passed by the Senate in a vote of 28-3. The President declared the bill passed and the bill was ordered enrolled. The House of Representatives thereafter received a message from the Senate that House Committee Substitute for Senate Bill No. 782, as amended, had been truly agreed and finally passed. No further message from the Senate was received. Thereafter, the Senate purported to reconsider the vote by which House Committee Substitute for Senate Bill No. 782 was third read and finally passed. Such action, however, is not allowed. Article IX of the Rules of the Senate is entitled “Final Passage – yeas and nays” and details the procedures to effect the final passage of a bill and certain actions that may be taken after final passage. Senate Rule 66 states that “if a majority of the senators elected vote in favor thereof, the bill shall be declared passed. No senator shall be allowed to cast or change his or her vote after the Journal of the House senate’s action on said question is announced by the president”…
The extreme and unprecedented actions by the Senate after a bill’s final passage are alarming. It appears that such an action has not been taken by either chamber in 100 general assemblies and for good reason. As its name implies, to truly agree and finally pass a bill is the final action by the General Assembly in regards to legislation. No further actions are allowed other than to deliver the bill to the Governor for his approval…
Liability on Special Agenda?
Lobbyist: Since [Governor Parson] mentioned a possible special session, here are some items either directly or tangentially related to COVID that the MO legislature left undone:
1) Liability protection for health care providers & PPE providers
2) Revenue options: Wayfair! And elimination of grey machines/gaming expansion.
But
· Liability for healthcare providers is one thing, but how far should liability protection go? Politico reported that nationally “more than 200 trade groups representing much of corporate America are urging Congress to make it harder for those sickened by the coronavirus to sue businesses, nonprofits and schools.”
· Can the knucklehead businesses at the Lake of Ozarks create a potentially hazardous environments in direct conflict with the governor’s order and face no liability?
· MATA President Brett Emison tweets: If corporations are not responsible for failing to take reasonable steps to protect their employees and customers, then the economy cannot reopen b/c the public will not feel safe. We don't a #responsibilitywaiver.
Greisheimer to Consolidated Health Plan
Rep. Aaron Greisheimer was appointed to the board of the Missouri Consolidated Health Care Plan. He takes the spot previously held by David Wood.
And Rep. Doug Richey was appointed to the Joint Committee on Education, replacing Rep. Kathy Swan.
Franklin Co Exits PDMP
The Missourians reports that “Franklin County will no longer participate in the regional Prescription Drug Monitoring Program (PDMP)… The PDMP did not cost Franklin County anything and was up for renewal until October 2021… Despite originally lobbying the county commission to sign on to the PDMP program in 2017, Mercy Hospital Washington now says it is not needed. Both Mercy Hospital Washington President Eric Eoloff and Dr. David Chalk, president of Mercy Clinic Four Rivers, spoke in favor of the PDMP at a commission meeting in 2017. Now, Eoloff says he was informed by Chalk that Mercy has no immediate need any longer for a PDMP program for two reasons.
“‘First, we have a connectivity to other electronic medical record systems so in many cases our physicians can see what medications patients have been previously prescribed,” he explained. “Second, our prescribing patterns around pain medications and other medications has become much more restricted and limited by Mercy policy. If we still see value in a PDMP in the future, we can pursue gaining access to it through St. Louis County, which continues to support its PDMP.’”
· The expectation had been that with PDMP’s failure this year, we’d be seeing it again next year in the legislature. But it could also be the initiative’s moment is passing. One opponent looks at this news and muses: If it comes up next year it’s just as likely the bill will be eliminate local PDMPs as it is the state will mandate a larger one.
STL Airport Redux
St. Louis Business Journal reports on a new effort to monetize St. Louis Lambert Airport. See it here.
The St. Louis-Kansas City Carpenters Regional Council and St. Louis city NAACP said they will work to gather some 22,000 signatures, forcing a Nov. 3 vote on an amendment to the city's charter that outlines a process to lease the airport. Sixty percent of voters would have to approve the measure.
The city, which owns Lambert, last year sought bids from companies interested in managing the airport — a move that, if completed, would have been a first for a major American airport. But Mayor Lyda Krewson in January ended the privatization process, which had drawn criticism over an arrangement in which conservative financier Rex Sinquefield paid the city's privatization advisors…
Adolphus Pruitt, head of the city NAACP, said the city cannot afford to turn away from a project with such economic potential. Its finances, like all governments, have deteriorated amid the Covid-19 pandemic…
Instead of allowing the city's aldermen to decide how to spend lease proceeds, it dictates that trusts be set up for various purposes. The "Police, Fire, and Safe Neighborhood Trust Fund," for example, would get 30% of proceeds, but not less than $300 million. Neighborhood development would get at least $200 million, plus $200 million for job training, $100 million for streets, $100 million for environmental cleanup, and the remainder for transit or other infrastructure….
· See the STL NAACP’s webpage explaining the STL Rising effort here.
· In the large contributions (below) the two organizations anted in some seed money ($5K a piece). See the new committee paperwork here.
· But I wonder how difficult it will be to gather signatures during these economically subdued times? And how much more money will be required to mount a successful campaign.
· Civic leader Eddie Roth tweets, “Without a small army of Sinquefield-funded bogeymen to lean on this time, it will be interesting to see what past critics, many of them self-styled progressives, have to say about this initiative…”
United for MO Sues to Block MedEx IP
United for Missouri filed a lawsuit claiming that the Medicaid expansion ballot question is unconstitutional because it doesn’t identify a funding source. From the press release: This lawsuit has been filed in Missouri’s 19th Judicial Circuit based in Cole County. Missouri’s Constitution, Article III, Section 51 contains a prohibition on appropriation by-initiative. The Constitution requires an initiative to spell out the source of its funding. An initiative may not appropriate funds from the general budget. The initiative does not identify or create new revenues to cover Missouri taxpayers’ portion of spending. “The costs to cover Medicaid expansion will come directly off the top of the budget without any regard to available funds and the legislature will have absolutely no discretion over this spending. The proponents mention cost savings, but the department that operates the state Medicaid program on a day-to-day basis says it will cost state taxpayers at least $200 million. If the worst-case scenario plays out and the federal money goes away, Missouri taxpayers will be left behind to forever cover the entire annual bill of $2 Billion. This is wrong.”
Response from pro-expansion team: Filing frivolous lawsuits to prevent Missourians from expanding health care, protecting jobs and keeping rural hospitals open at a time when these issues are more important than ever is a new low -- even for special interest lawyers. This attempt to take away the right of all Missourians to vote will not work. It’s simply a last-ditch effort by people who know they cannot win in the court of public opinion…
eMailbag on MedEx in August
Democrats may find a silver lining to the August date for Medicaid expansion. Having the issue decided so close to Covid-19 outbreak could help rally sympathetic moderates who are smart enough to read the papers and see how the virus has impacted the minority community. It’s another Katrina moment and those who have been spared may feel that healthcare for low-income citizens is a good thing.
Help Wanted
FastDemocracy seeks Director of Sales and Outreach. “FastDemocracy is a St. Louis-based startup focused on using analytics to help newcomers and political insiders alike access their government and effectuate change. Using technology to give people the tools to hold their government accountable and encourage civic input is our passion…. Please send resume, cover letter, and three references to sara@fastdemocracy.com.”
New Committees
Accountability Matters PAC was formed. Its treasurer is Steven M Gallant.
Michael Howard for an exemption committee to run for House 64 as a Democrat.
Lobbyist Registrations
Luiz Rodriguez deleted Everytown For Gun Safety Action Fund.
$5K+ Contributions
Uniting Missouri PAC - $25,000 from Spirit of Missouri.
Uniting Missouri PAC - $25,000 from Anheuser Busch Companies.
St. Louis Rising - $5,001 from NAACP St. Louis City Branch.
St. Louis Rising - $5,001 from CHIPP Political Account.
Birthdays
Happy birthdays to Speaker Elijah Haahr, Rep. Robert Sauls, and Olivia Wilson.