MISSOURI LEGISLATIVE UPDATE

BUDGET ADVANCES IN SENATE

The Senate Appropriations Committee met last week to discuss items left open from the previous week.   Several key children’s items were left open for discussion including two of Partnership for Children’s top priorities, the child care transitional benefit and presumptive eligibility for the state children’s health insurance program. 

As you may remember, the Governor’s original budget recommendation included an additional $2.4 million dollars general revenue (in addition to $6.1 million in federal savings) for a transitional child care assistance program that was not included in the House’s recommendation.  Senator Joan Bray (D-St Louis), joined by Sen. Scott Rupp (R-St. Louis County), in requesting this line item remain open.   To the great disappointment of child advocates, the Senate Appropriations Committee did not restore the full Governor’s recommendation for child care last week and decided instead to match the House position of $6.1 million federal dollars.  The $2.4 million new GR would allow approximately 3,000 Missouri children to continue accessing quality early childhood programs and would help their parents advance in the workforce by allowing them to earn up to a $2 raise while transitioning off of state assistance.

In addition, Senator Tim Green (D-St. Louis County) requested that the Senate agree with the House’s recommended $3.3 million to reach out to uninsured children who are eligible for state health coverage.  Rep. Ryan Silvey (R-Kansas City) sponsored this amendment in the House. The Senate Appropriations committee zeroed out this item, which means it will go to conference committee.   Below you will find a summary of where budget items for children’s services currently stand.

The following items were funded at the same levels by both the House and Senate. (GR = General Revenue funds; FF = Federal Funds)

• Year 3 Child Welfare Accreditation - $2.7m GR; $1.0m FF; $3.7m Total
• Growth in Subsidized Adoptions - $3.9m GR; $3.9m FF; $7.8m Total
• Purchase of Child Care/Early Childhood Initiatives:
  o Maintain child care eligibility at 127% and offer transitional benefits up to 139% of FPL - $6.1m FF
  o Licensed & Inspected Provider Rate Increase/Restructure - $2.0 FF
  o Early Head Start Expansion- $1.0 m FF
• State Children’s Health Insurance expansion authorized in 2007 by SB 577 - $1.2 m GR; $3.6 m FF; $4.8 m Total

The following items will go to conference committee unless changes are made on the Senate floor:

• Foster Care Rate Increase: House recommended a 4% increase ($1.3m total); Senate Recommended 2% increase ($0.6 total)
• Adoption Subsidy/Guardianship Rate Increase:  House recommended 2% increase ($1.2m total); Senate recommended 3% increase ($1.7m total)
• Residential Treatment Rate Increase:  House recommended a 6.64% increase or $5/day ($2.8m total); Senate recommended a 2% increase ($1.3m total)
• Presumptive Eligibility for SCHIP:  House recommended $11.8m total; Senate recommended $0. 
• Insure Missouri:  House recommended $0; Senate recommended $395.1m total however, a bill must pass in order for the program to be funded.

Partnership will continue to track these appropriations through the process.  The next stop for the budget is the Senate floor, which may start this week. The budget must be completed by 6 pm on May 9th. 

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SB 1221, sponsored by Senator Brad Lager (R-Maryville), was heard in the Senate Education Committee last Wednesday. SB 1221 modifies Missouri’s current P-20 Council by turning it into a private, not-for-profit corporation with the purpose of creating a more efficient and effective state education system from preschool through college that will more adequately prepare students for the challenges of entering the workforce. The bill also adds the Chair of the MO Coordinating Board for Early Childhood as well as a designated representative of an early childhood program as members of the P-20 Council. Other members of the 13-person board include leaders from the Departments of Economic Development, Elementary & Secondary Education, and Higher Education as well as individuals representing the business community in Missouri.

During Executive Session in the Senate Education Committee on Wednesday, SB 1221 was amended on to SCS HB 1876 & 1877, a bill relating to special education. The amended bill was voted out of committee with consent status and has been placed on the Senate Calendar. Partnership for Children supports SB 1221.

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Death Penalty Bill Heard in Senate:
 SB1194, sponsored by Senator Jack Goodman was heard in the Senate Judiciary Committee on Monday, April 7th. Currently, a person who pleads guilty to or is found guilty of forcible rape or sodomy of a child under the age of twelve receives a sentence of life imprisonment without eligibility for probation or parole for thirty years. This bill would make such crimes punishable by either death or life imprisonment without probation, parole, or release, unless the offender has not yet reached the age of eighteen, in which case, the punishment shall only be life imprisonment without probation, parole, or release. 

Partnership for Children testified against this bill given several concerns including the negative consequence of suppressing children from reporting sexual abuse. The majority of children who are sexually abused are done so by someone in their circle of care. By making this act a capital offense, it could prevent children from reporting their abuse out of fear that a family member or family friend could be put to death.  In addition, those who have been given the death penalty often go through years of appeals.  Putting children who have been victimized through a capital punishment case could make them relive their victimization for many years to come.

Joining the Partnership for Children in opposing this legislation were the ACLU, the Missouri Catholic Conference, the Missouri Coalition Against Domestic and Sexual Violence, and Missouri KidsFirst, the association of child advocacy centers.

Sexual Assault Exam Bill Passes Senate:
SB 1159 (Gibbons) was “Third Read and Passed” last week by a vote of 33-0.  This bill would make some revisions to a bill passed last year relating to forensic examinations of sexual offense victims.  SB 1159 would remove the requirement that consent is provided by a minor for a forensic exam and that the medical provider is to provide written notice to the parent that the examination has taken place. Instead, if the appropriate medical provider reasonably believes the sexual offender could be a parent or guardian of the victim and the victim is a minor under the age of eighteen, the medical provider would only be required to provide written notice to the non-offending parent or guardian of the forensic examination. Most child abuse including sexual abuse takes place within the child’s circle of care. Parents and parent surrogates are the majority of the abusers; by requiring consent, this creates substantial risk to the child. This could also interfere with the law enforcement officer’s choices in the investigation process for when and how to confront a suspect.

In addition, the Attorney General currently develops the forms and procedures for gathering evidence during a forensic exam and the Department of Health and Senior Services develops checklists for appropriate medical providers to use while providing treatment to victims. Under this act, separate forms, procedures, and checklists shall be developed for victims age fourteen and younger and age fifteen and older.

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The House Committee on Elementary and Secondary Education met late Wednesday evening to discuss Rep. Rick Stream’s (R-St. Louis County) HB 1891, which increases physical education requirements from elementary through high school. Rep. Stream cited the growing problem with childhood obesity as the primary impetus for pushing forward this legislation. Witnesses in support of the bill included the American Heart Association, a PE teacher from Kirksville, the Healthy Youth Partnership in St. Louis, and the Missouri State Teacher’s Association.

Concerns that increased time for physical education would hinder other academic progress under No Child Left Behind were countered by research presented at the hearing showing that PE participation stimulates productivity and thinking in other academic classes and actually improves test scores.

Under the new proposal, all school districts would have to establish physical education programs by July 1, 2011 that meet the new participation requirements and use a developmentally appropriate curriculum that helps students develop the knowledge and skills to maintain healthy physical activity throughout their lives. There is sure to be much discussion amongst committee members in coming to consensus on a proposal that is feasible for all Missouri school districts while ensuring that physical activity requirements produce desired results in reducing obesity and promoting long-term healthy lifestyles.

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