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NewsBook:  Missouri Government News for the Week of October 14, 2013

Rep. Chris Kelly, D-Columbia, said on Thursday he will not be running for reelection in 2014 and will not seek election to the State Senate in 2016.

Kelly told MDN his decision not to run was based on the General Assembly's focus on things like banning Sharia Law and failing to improve the state's infrastructure.

"The legislature spends way too much time on frivolous political nonsense," Kelly said.

Kelly currently serves as the chairman of the House Infrastructure and Job Creation Appropriations Committee and has served eight terms in the House.

Sen. Kurt Schaefer, R-Columbia, scolded Gov. Jay Nixon and the Missouri Department of Corrections for halting an execution set for next week.

“I will work with the governor to get him what he needs to carry out his responsibility,” Schaefer said. “He just needs to let us know what that is.”

Following doctor protests and exportation embargo threats from the European Union, Gov. Jay Nixon stopped the execution of Allen Nicklasson, who was to be put to death with the anesthetic drug Propofol.

Nixon ordered the state corrections department to come up with a lethal injection alternative and instructed Attorney General Chris Koster to ask the Missouri Supreme Court to set a new execution date for Nicklasson.

The Missouri Department of Corrections has not returned any phone calls or emails. Schaefer said they have not been “transparent” with the public and he hopes they work out a sustainable plan for future capital punishment executions.

“What we’re not going to do is act like the federal government and just by default stop enforcing a law that is required to be enforced,” Schaefer said.

A top Missouri House Democrat has joined Republican leaders in their calls for a Maryville sexual assault case to be reopened.

Rep. Stacey Newman (D-St. Louis) started a petition Wednesday for the alleged sexual assault victim Daisy Coleman called “Demand Justice for Daisy.”

The case has garnered national attention and has some Missouri state officials calling for an investigation.

“There needs to be a fresh set of independent eyes and look at that investigation. I think that an impartial, outside entity probably needs to do an independent investigation,” Sen. Kurt Schaefer (R-Columbia) said.

The case was originally dismissed by the Nodaway County Prosecutor in 2012.

House Speaker John Boehner, R-Ohio, announced today the U.S. House of Representatives will not block the vote on a bipartisain Senate budget deal, allowing Congress to raise the debt ceiling and potentially end the government shutdown by Thursday.

The Missouri Department of Elementary and Secondary Education takes in over $500 million in federal funding each year.

Since the start of the partial government shutdown on Oct. 1, 2013, Missouri Department Communications Director Sarah Potter said they did not have any furloughs. She said they have been keeping a close eye on the Capitol Hill discussion.

“We were able to keep drawing down federal funds this whole time,” Potter said. “But, I think things were going to change if we actually hit the debt ceiling, because I’m not sure at that point—whether or not those federal payments would be made.”

Despite her looming concerns on the temporary fix, she said her department will breathe a sigh of relief.

Potter said that money funds everything from career and technical programs, school lunches, Title I and special education.

“That cloud hanging over our heads, is gone now,” Potter said. “We’re very thankful for that.”

Lt. Gov. Peter Kinder and Republican House Speaker Tim Jones sent out statements Tuesday urging Attorney General Chris Koster and Nodaway County Prosecuting Attorney to revisit a closed sexual assault case that has drawn national attention to Maryville.

"I make no claim to knowledge of all the facts," Kinder said in the statement. "Still, facts revealed in exhaustive media reports, including the 4,000-word piece in the Kansas City Star, raise all kinds of questions that it is now clear won’t be put to rest. These questions will fester and taint the reputation of our state for delivering impartial justice to all."

A spokeswoman for Koster said in a statement earlier Tuesday that the attorney general wouldn't have the authority to reopen the local case.

But Jones, R-Eureka, who has stated his intention to run for Attorney General, cited a state statute that he said indicates otherwise.

"I firmly believe he is empowered to do so under state statute 27.060," Jones said. "I am calling on him to utilize his authority to intervene in this matter so that we can be confident that justice is served."

Kinder said Koster and Rice should ask the Circuit Court to convene a grand jury in the case to look further into the evidence and hear testimony from witnesses.

  State Rep. says Maryville sexual assault case "blown out of proportion" 10/15/2013

Spokespersons for both Gov. Jay Nixon and Attorney General Chris Koster declined to comment on whether the two will get involved in a controversial sexual assault case out of Maryville that has attracted national attention to the state.

According to a story from the Kansas City Star, Daisy Coleman was allegedly sexually assaulted in January 2012 by schoolmate Matthew Barnett, the grandson of former state Rep. Rex Barnett, R-Maryville.

But charges against Barnett and two other students were dropped due to insufficient evidence.

In a press release, spokeswoman Nanci Gonder said Koster doesn't have the authority to intervene.

"Charging decisions in criminal cases are exclusively within the discretion of elected county prosecutors in Missouri," Gonder said.

Rep. Mike Thomson, R-Maryville, who represents the town where the alleged sexual assault occurred said he didn't know the full scope of the case and that his town is being misrepresented.

"I'm going to be a little closed on this matter," Thomson said. "I don't want it to spread, I want it to die."

Last Week

John Hagler has been replaced as the Director of Agriculture, according to a press release sent out this morning.

The release failed to mention why Hagler was leaving office.

The governor's announcement came just a day after a top staffer in the department sent an email announcing her resignation based on a hostile workplace environment in the department.

The Governor's office and Hagler's office both refused to comment on Hagler's replacement.

  Nixon announces plans for a proposal to reopen national parks. 10/11/2013

One day after his administration refused comment on the federal government's offer, Gov. Jay Nixon's issued a release that his office had directed the Natural Resources Department to develop plans on how to open federal parks.

Neither the governor's office nor the Natural Resources Department would explain the governor's announcement.

The two-paragraph announcement came a day after answered questions had been raised with the Nixon offices as to whether his administration would take advantage of the federal offer to let Missouri reopen the Gateway Arch grounds just a couple of blocks away from where the St. Louis Cardinal's playoff games are getting national attention.

The press release from the governor's office cited the cited the Gateway arch, but gave no indication of whether the state actually would staff the facility.

Gov. Jay Nixon has delayed the scheduled Oct. 23 execution of Allen Nicklasson and has directed the Corrections Department to find a new form of lethal injection, citing concerns about using the anesthetic propofol executions.

“As Governor, my interest is in making sure justice is served and public health is protected. That is why, in light of the issues that have been raised surrounding the use of propofol in executions, I have directed the Department of Corrections that the execution of Allen Nicklasson, as set for Oct. 23, will not proceed," Nixon said in a written statement.

The state's execution procedure has been under fire in recent weeks and two propofol manufacturers requested the state to turn over its supply of the drug. The Corrections Department changed its protocol to use propofol after it could not acquire its traditional three-drug cocktail previously used in lethal injections.

Nixon's statement said the state will immediately request a new execution date for Nicklasson from the Missouri Supreme Court.

Officials from the governor's office, the Corrections Department and the Attorney General's office refused or where unavailable for explanation.

There was no indication in the governor's statement as to whether his decision was based on threats from the European Union that it would stop shipments of the drug to Missouri if it used propofol for executions.

One day earlier, the Corrections Department issued a release that it was returning doses of propofol from a European manufacturer, but the department refused to respond to repeated questions as to whether it had enough of the drug required to execute Nicklasson.

The day after European manufacturers demanded back batches of a drug called Propofol, the Missouri Department of Corrections refused to say if they had enough to carry out scheduled executions.

John Simon is an attorney for Allen Nicklasson, a convicted killer scheduled to die Oct. 23.

"I can definitely say that they have enough Propofol to carry out the executions that are currently scheduled," Simon said.

Missouri's ACLU Legal Director Tony Rothert said Missouri's courts have not explicitly determined if Propofol is constitutional for executions because it can cause a burning sensation.

The U.S. Supreme Court ruled states cannot add additional pain to executions.

The Department of Corrections did not return repeated requests for comment Thursday.

Missouri's corporate tax rate was rated 7th lowest in the nation in a new report released Thursday afternoon.

The report from the non-partisan Tax Foundation ranks Missouri as the 16th best tax climate for businesses. Missouri is ranked higher than Kansas, Iowa, Illinois, Nebraska and Arkansas.

In a statement, Governor Jay Nixon credited investments in workforce training and education for the high state's ranking.

"Today, it is clear that these proven, fiscally responsible strategies are paying off for Missouri families and businesses," Nixon said. "This independent report reaffirms Missouri’s status as a low-tax state with a stable and competitive climate for businesses to grow and invest."

The ranking comes a month after the Missouri House of Representatives failed to override Governor Jay Nixon's veto of a bill that would have lowered taxes.

Attorney General Chris Koster disclosed the terms of a settlement Thursday with Affinion Group, Inc. The settlement provides at least $19 million for refunds to consumers.

The lawsuit came as a result of Affinion and its subsidiaries deceiving consumers into signing up for special deals provided by banks or retailers. Once the consumer deposited a check, they were signed up for a membership and they were charged a monthly fee of up to $16 or an annual fee of up to $139.

Koster said in a news release, "Affinion uses deceptive practices to enroll consumers in their programs and then charges outrageous prices for minimal services that consumers didn't want in the first place."

Mike Bush, spokesperson for Affinion Group, said in an email, "Both companies (Trilegiant and Webloyalty) voluntarily ceased these practices several years ago, and they represented an insignificant contribution to revenues."

Customers who were charged by Affinion or their marketing partners are advised to call or email the attorney general's office to file a claim. Claims must be submitted by Dec. 31, 2013.

The US Supreme Court will not be hearing a Missouri case questioning whether or not schools have the right to conduct random drug dog sweeps.

The parents of a Springfield Central High School student filed suit against the school and the Greene County Sheriff in 2010 saying the search of the school violated students' the 4th Amendment rights.

School officials and Greene County Sheriff's deputies brought a trained dog through several Springfield Public Schools including the classroom of former student Connor Mizer, who's parents filed the lawsuit on their son's behalf.

The case was dismissed in US district court which was then upheld by the 8th District Court of Appeals.

A St. Louis-based lead mining company contributed $10,000 to House Republicans after lawmakers overrode Gov. Jay Nixon's veto of a law shielding the company from large liability judgments in some lawsuits.

Records from the Missouri Ethics Commission show the Doe Run Co. made a contribution to the House Republican Campaign Committee on Oct. 3. That is just three weeks after the supermajority Republican House voted to override Nixon's veto. Some Democratic lawmakers also supported the override.

Nixon vetoed a bill limiting punitive damage awards against The Doe Run Co. related to old lead mining sites.

Doe Run oversaw an extensive lobbying effort to support the legislation, and also gave a similar $10,000 to the Missouri Senate Campaign on July 25.

Senate leaders Ron Richard, Tom Depmsey and Kurt Schaefer and House Majority Leader John Diehl were also on the recieving end of thousands of dollars of contributions from Doe Run over the summer.

Eleven months after the request, the Missouri Department of Corrections released a statement that they are returning propofol to the supplier's company.

"After the propofol was delivered by Morris & Dickson to the Missouri Department of Corrections last year, Morris & Dickson requested that the order be returned. Today's action fulfills that request," the statement read.

According to the Monday's statement Morris & Dickson supplied propofol a German company manufactured. The department said the rest of their propofol inventory is from a domestic manufacturer.

Since the department claims there is still some propofol left, Missouri should become the first state to use propofol for lethal injection on Oct. 23.

The European Union warned it may stop shipments of propofol to the United States if it was used for executions.

Earlier this month the Missouri Society of Anesthesiologists came out in public opposition of the department using propofol for lethal injections.

Anesthesiologists use the drug during surgery, and the society feared if the European Union took away propofol from United States completely, they could not use the drug on a day to day bases for patients in need.

The Missouri Department of Corrections and the governor's office did not immediately return phone calls.

At a hearing Wednesday lawmakers voted to keep the Agricultural Department's current cap of 10 percent on ethanol used in gasoline.

Chairman of the committee Eric Schmitt, R-St. Louis County, said the committee rejected to increase the cap because of the legislative process rather than the principle of the matter.

"This matter should have been handled legislatively as opposed to by way of fiat by unelected bureaucrats," Schmitt said.

In earlier hearings this week, members of the automotive industry expressed concern that using higher ethanol blends in older cars could both harm the engines and void vehicle warranties.

Also Monday, proponents like Christy Moore of the Renewable Energy Association claimed an increase in the cap would economically benefit consumers.

Rep. Jay Barnes, R-Jefferson City, and Rep. Todd Richardson, R-Poplar Bluff, were the only two of eight committee members who voted to accept an increased cap.

Nine of 50 states in the nation allow gasoline to contain up to 15 percent blend ethanol.

Secretary of State Jason Kander announced Tuesday he received a potential ballot initiative that would give voters a chance to extend students voting right on their state university's school board.

Kander said Tuesday his office is in the process of drafting the ballot summary language and is accepting public comment on the issue. St. Louis lawyer Brad Ketcher submitted the initiative. Ketcher was formerly chief of staff to former Missouri Governor Mel Carnahan.

Chairman of the House Higher Education Committee Mike Thompson, R-Maryville, said the addition of a student with voting rights could be a slippery slope.

"If they do get a vote then you have turned your board from what we call a lay board into a constituency board," said Thompson. "Now we have a special interest group on the board."

Ketcher would not disclose to the Associated Press who is behind the proposed measure and did not return calls for comment.

Missouri Department of Labor spokesman Tom Bastian said Tuesday the 10.4 percent rise in unemployment claims filed during the week of the federal shutdown is the highest jump he has ever seen.

Bastian said the Department is not allowed to comment about how many of the claims were filed by federally furloughed workers because of a Missouri statute that prevents department officials from commenting on employers.

However, Bastian said the spike in claims filed can be attributed to businesses impacted by federal workers in addition to the furloughed workers themselves.

"If there's a restaurant right near a federal building, and employees usually come out and eat at that restaurant, those jobs would be affected," Bastian said.

The Department of Labor has extended hours for regional claims centers. Offices are now open from 7:30 am to 6 pm, and on Columbus day.

Missouri Department of Elementary and Secondary Education communications director Sarah Potter said districts across the state would suffer if the federal government fails to extend its borrowing limit on Oct. 17.

"Right now even though most of the U.S. Department of Education is furloughed they are still making most of their funds available," Potter said. "When the 17th happens we've hit our limit for actually funding those federal programs."

Potter said the state receives well over $500 million in federal funding annually for everything from school lunches, Title I, special education, and career and technical programs.

"All we can do right now is help school districts be informed of the situation, let them know of the possible ramifications," Potter said. "We're hopeful we don't have to cross this bridge but it's hard to tell what's going to happen and what's going to be funded."

Potter said the state's poorest districts would be effected the most, but didn't clarify whether there would be any plans to keep students home in the event of a debt ceiling breach.

Thousands of Missourians could lose access to food stamps next year due to a rule change proposed by the State Department of Social Services.

A 1996 federal waiver qualifies able-bodied, unemployed adults without dependents for the federal food stamp program without meeting work requirements.

The Missouri Department of Social Services recently proposed letting that waiver expire.

Suggested new rules include waivers on work requirements only applying in counties where unemployment is higher than 10 percent. In those counties, an adult currently receiving benefits would have three months to find a job working at least 20 hours a week or enroll in a federally approved job training program. Without that, they would no longer qualify for food stamps.

Adults in counties with unemployment rates less than 10 percent could receive food stamps three months out of every three years.

Executive Director of the Missouri Association for Social Welfare Jeanette Mott Oxford said Tuesday this rule change wouldn't give people incentive to find work.

"Making people hungry does nothing to actually improve our economy in any way,” Oxford said. “Hunger is actually a debilitator rather than a motivator when it comes to employment.”

A hearing was held Monday to discuss whether to repeal the Agricultural Department's cap of 10 percent.

The opposition, mainly composed of members of the automotive industry, says they are not arguing against increasing the cap on ethanol to 15 percent, they just think it should be passed through the legislative process.

Ron Leone, Executive Director of the Missouri Petroleum Marketers and Convenience Store Association expressed concerns he had regarding the void of warranties when using ethanol blend 15 gas on older cars.

"It will cause misfueling of your constituents and it will potentially cause damage to engines and void vehicle warranties," Leone said.

"There have been zero reports of misfueling, engine damage, or liability claims against retailers offering E 15. And with a zero claim history the label has been proven effective," said Christy Moore with the Renewable energy association.

Moore also cited the economic savings consumers would receive from using the proposed ethanol blend gas.

"We have a safe, legal product that has been federally approved for sale that is for sale in our surrounding directly competitor states and the only reason it is not for sale today is that we have a rule that is historical in nature that we need to update in order to make it consistent with the national standard," said Jon Hagler, Director of the Missouri Department of Agriculture.

The hearing will continue Wednesday at 10 a.m. to further discuss whether Missouri will join the nine other states in the US allowed to use up to 15 percent blend ethanol gas.

Republican Attorney General Candidate Kurt Schaefer wrote a letter to Governor Jay Nixon, asking him to include money for a new gas chamber in the budget or propose a third method of execution.

He voiced his concerns after the European Union threatened to stop exporting the most commonly used anesthetic for any practice.

"If Propofol is not going to be a long-term viable mechanism to carry out those judgments, which it appears it may not be, then the governor needs to let the general assembly know and make a recommendation of what he needs with the Department of Corrections," Schaefer said.

About 85 percent of Propofol used in the United States comes from European Union countries, and domestic producers are not expected to make up for that shortfall.

Missouri has enough Propofol to carry out three more executions; the first batch will expire this month.

The state scheduled to carry out the execution of Allen Nicklasson on October 23 and Joseph Franklin on November 20, both by lethal injection.

Chris Nicastro, Commissioner of the Missouri Department of Elementary and Secondary Education, testified in front of the House Government Efficiency committee Monday morning.

Nicastro, along side education analyst Michael Petrilli, urged the committee to support additional appropriations of $18.5 million.

This money would allow the implementation of Common Core, or educational standards created through state-led initiatives that have been adopted by more than forty states.

Missouri's 520 public school districts would be responsible for their own curriculum and how their students will meet the standards.

"[School Districts] can do as they chose on curriculum and instruction. The standards that they are held to, and that [students] will be assessed on, are established at the state level." Nicastro said.

Common Core was adopted by Missouri in June of 2010 and is scheduled for full implementation during the 2014-2015 school year.