TABLE OF CONTENTS
Hit Ctrl + Click on any topic of interest to go directly to the content.
Legislature’s DMH Budget Recommendations for FY2009 ................................. 2
Few Bills of Interest Passed in 2008 ................................................................... 2
Senate Bills .......................................................................................................... 3
House Bills ........................................................................................................... 5
New Leader for National Advocacy Organization ............................................... 6
Harmful Use of Alcohol Targeted by WHO .......................................................... 7
Anheuser-Busch Offers to Pay Survivors of Fire ................................................. 7
Beer Distributor Figures in the U.S. Presidential Campaign ............................... 8
1
Legislature’s DMH Budget Recommendations for FY2009
sent to Governor Blunt
The Senate/House Conference Committee’s recommendations (CCS) for Fiscal Year 2009 were approved
by both chambers and sent to the Governor on May 7, 2008, two days before the deadline. The votes on third
reading of the bill were 87-63 in the House and 32-0 in the Senate. The total for the Division of Alcohol and
Drug Abuse is $115,224,077, which represents a 4.7% increase over the FY 2008 total. See the chart
below for the sub-totals in each section. As noted in Capitol Report #23, readers are reminded that the
Governor has line-item veto power, so that even this “truly agreed to and finally passed” version of the bill is
not the last word for the new fiscal year, which begins on July 1, 2008. Further action on the bill, as well as
on other bills covered in this report, is posted on the Governor’s website, http://www.gov.mo.gov/la2008.htm.
Sections of DMH
Appropriations Bill
Administration
Prevention & Education
Treatment
Compulsive Gambling
SATOP Program
Total
FY2008 (HB1010)
Final – May, 2007
2,303,944
11,939,954
90,798,370
485,340
4,480,338
110,007,946
FY2009 (HB 2010)
Approved by House
2,390,712
12,175,520
98,048,184
499,638
4,600,632
117,714,686
FY2009 (HB 2010)
Approved by Senate
FY2009 (HB 2010)
CCS - Finally Passed
2,404,072
12,096,849
93,776,273
495,330
4,562,815
113,335,339
2,402,820
12,178,994
95,541,537
499,745
4,600,981
115,224,077
Governor Blunt applauded the General Assembly for passing a budget bill (HB 2010 contains the budget for
both the Depts. of Mental Health and Health and Senior Services) that will help protect vulnerable
Missourians … This budget reflects my commitment to provide a high quality of life for all Missourians by
investing in vital programs like quality health care, autism services and alternatives to abortion initiatives … I
commend the General Assembly for sending me a budget that respects our moral obligation to help protect
the vulnerable in our state.” The May 7 press release highlights autism treatment services, housing assistance
for homeless veterans, medication costs due to inflation, non-emergency medical transportation, and services
for the uninsured ($750,000) through collaboration between Community Health Centers and Federal Qualified
Health Centers. There are no references to substance treatment or prevention services. Gov. Blunt does
single out for attention a $1.5 million item “for one-time funding of youth tobacco prevention and
cessation programs” in the DHSS budget.
As of May 28, the Governor had signed only 11 bills. One of them provided supplemental funding to the
Department of Public Safety, transferring $1,872,261 from General Revenue to the MoSmart Fund. The
money is appropriated for the Missouri Sheriff Methamphetamine Relief Task Force (MoSMART) Program,
provided that no more than 2% is used for administration of MoSMART grants by the Department. That bill
was signed on February 1 (see Capitol Report #21 for details).
Few Bills of Interest Passed in 2008
Although the Missouri House and Senate worked furiously during the final two weeks of the legislative
session, relatively few bills with major policy implications were passed. The total of 139 bills passed was
far below the usual number, which has generally been in the 180-220 range. It was indeed a “slow session,”
marked by disagreements within the majority party as well as the usual partisan rivalry. Whether that is good
news or bad news for readers of the Capitol Report depends on the reader’s hopes and fears. Legislators
themselves could find accomplishments in the areas of education, illegal immigration, property tax relief, raises
for state employees, and others of priority interest to them.
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Sen. Carl Vogel (R-Jefferson City) said about the session: “It was a challenging year because of the
governor’s announcement that he was not seeking re-election, and the fact that both leaders in the House and
Senate are term-limited.” Others, including Democrats, suggested that a cautious approach to legislation,
especially legislation dealing with health care, serves the public well. Sen. Wes Shoemyer (D-Clarence) told
reporters: “We’ve got to roll up our sleeves, get to work, find out how to make the system more efficient, find
out how we are going to improve that access (to health care) so that more Missourians, not less, have that
access.” (Jefferson City News-Tribune, 05-17-08).
Governor Blunt again praised the legislature for supporting his “call for property tax reform, fighting illegal
immigration, balancing the state’s budget without a tax increase, tough new laws against metal theft and
drunk driving, providing increased services for families facing the challenges of autism and many additional
priorities.” He also singled out funding increases for education, funding increases to protect human life with
$620,000 to support the state’s Alternatives to Abortion program, protecting homeowners from mortgage
fraud, strengthening the Sex Offender Registry, protecting Missourians from cyber-bullying, encouraging
Missourians to make more environmentally friendly choices through a Show-Me Green Tax Holiday, and
“reversing the trend of weak enforcement of drunk driving laws by judges for repeat offenders by
requiring ignition interlocks.” (press release, 05-19-08)
In an end-of-session release, the Governor’s Office commended the General Assembly for “answering the
call for even tougher drunk driving laws by enacting the governor’s plan for force repeat offenders to
modify their vehicles with ignition interlock devices to ensure they cannot endanger other Missourians by
drinking and driving” and for answering the call to provide critical funding for the Missouri Sheriffs
Methamphetamine Relief Team and create a real-time tracking system for the purchase of key
meth ingredients.” (05-17-08).
Legislators found time to process and pass SB 991, sponsored by Sen. John Loudon (R-Chesterfield). This
consent bill establishes the ice cream cone as the official state dessert. It was approved by a House
vote of 112-31 on May 14. Meanwhile, HB 2297 (Dougherty), which would have proclaimed Budweiser as
the official state beer, was referred by the Speaker to the Special Committee on Tourism on May 16, the
final day of the session. In a May 20 editorial, “When Failure is the Best Option,” the Jefferson City NewsTribune noted that the Budweiser bill, among other undesirables, had been “dumped.” The editorial states:
“We have no quarrel with St. Louis-based Anheuser-Busch Brewing Co., which produces Budweiser and other
products. The case can be made that official state symbols ought not include an alcoholic beverage. Our
primary objection, however, is state symbols should not be named for a commercial manufacturer or product.
Lawmakers acted soberly in not opening the tap for official state products.”
The ignition interlock and meth bills were two of six that deal with alcohol or other drugs to some extent.
Several others deal with professional licensing and registration or other matters of interest to those who work
in the field of addictions. The following are summaries of those bills. Readers who wish to know more about
the specifics of the bill are encouraged to follow the links to the complete text. NOTE: Unlike
appropriations bills, the Governor cannot issue an amendatory veto of a substantive bill. He is required by law
to approve or veto the bill in its entirety.
Senate Bills
SB 724 - (Scott) – Gives advanced practice registered nurses who hold a certificate of controlled
substance prescriptive authority to administer or dispense controlled substances in schedules III-V while
operating under a collaborative practice agreement. 47 states have such a law. The bill was amended to
include the drug monitoring program contained in SB 732 (Champion) . This establishes a drug monitoring
program in the Dept. of Health and Senior Services and modifies existing record keeping for controlled
substances and pseudoephedrine products. For purchase of non-prescription pseudoephedrine products, a
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photo ID must be provided to the pharmacist. The log currently maintained by pharmacists is modified to
include the purchaser’s signature, name of the product and time of purchase. The bill also requires that the
log be electronic rather than written. Referred to the Senate Committee on Financial & Governmental
Organizations and Elections, which conducted a hearing on January 28. A Senate Committee Substitute (SCS)
for the bill was approved by the committee on February 4, passed by a Senate vote of 30-1 on February
19 and sent to the House. After a lengthy delay, the House Committee on Professional Registration &
Licensing reported a HCS for SCS for SB 724 and the House passed it, 125-17, on May 1. A Conference
Committee Substitute was truly agreed to and finally passed on May 8, 2008.
SB 930 (Stouffer) – This 95-page omnibus transportation bill sponsored by the chairman of the Senate’s
Transportation Committee, Sen. Bill Stouffer (R-Napton), includes numerous provisions of law relating to
transportation and regulation of motor vehicles, such as aircraft sales tax, electronic bidding of highway
contracts, peace officer continuing education, weight limits, commercial driver licenses, road district
commissioners, development districts, use of left lanes by trucks, and naming of bridges and highways as
memorials. The bill includes the ignition interlock provisions which received much public attention in HB
1423 (St. Onge).
Originally, the ignition interlock bill provided that “anyone” who has had his or her driving license
suspended due to an alcohol-related traffic offense will be deemed to have not fulfilled the suspension and a
restricted driving license will not be issued until the person has completed 30 days of a suspension and has
filed proof with the Dept. of Revenue that the person’s motor vehicle is equipped with a functioning, certified
ignition interlock device as a required condition of the person’s restricted driving privilege. HB 1423 was
amended to apply only to a second or subsequent offense rather than first offense, and then amended to
apply only to those convicted more than twice of a DWI offense. The ignition interlock language in SB
930 (Stouffer) is identical to that in the final version of HB 1423 which was left on the Senate’s Informal
Calendar at the end of the session after having been amended by the Senate Judiciary Committee.
At a press conference called to urge Senate passage of the bill, Rep. Neal St. Onge (R-Ellisville)
said that more than 118,000 multiple DWI offenders now travel Missouri roadways. That
figure includes 43,000 with three or more DWI’s and 7,400 with five or more.
SB 930 (Stouffer) also addresses a Supreme Court ruling which held that a defendant’s prior guilty plea and
suspended imposition of sentence in municipal court could not be used to enhance punishment for a
new intoxication-related traffic offense. This bill specifies that a conviction, plea of guilty or finding of
guilty followed by incarceration, fine, suspended imposition of sentence (SIS) suspended execution of
sentence (SES), probation or parole or any combination thereof shall be treated as a prior plea of guilty or
finding of guilty for purposes of enhanced punishment. Similar language is found in HB 1715 (see below).
The Senate voted 29-5 for the truly agreed to and finally passed version of SB 930 on May 15.
SB 1177 (Barnitz) – Licensed Professional Counselors are included in the definition of mental health
professionals for the purposes of providing services in psychiatric settings. Referred to the Senate
Committee on Financial & Governmental Organizations and Elections, which conducted a hearing, and reported
the bill with a “do pass - consent,” recommendation. It was passed by the Senate on March 31 and sent to
the House. The House approved the bill by a vote of 137-3 on May 14.
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House Bills
HB 1550 (Stevenson) – Expands the jurisdiction of juvenile courts to include individuals who are 17 years
of age for the sole purpose of status offenses by revising the definitions of “child” and “adult.” Parents are
allowed to petition the circuit court to extend the jurisdiction of the juvenile court over the minor child until the
child reaches age 18. The new definitions become effective when spending by the state for juvenile officers
nd deputy juvenile officers exceeds by $1.9 million of the amount spent in FY2007 and appropriations for
personnel costs exceeds by $1.9 million the amount spent in FY2007. The bill requires the Office of State
Courts Administrator to conduct a study of caseloads and impact of these changes. It also removes the
requirement that Jackson County must reimburse the state for money received for the salary and benefits
payable to the drug court commissioner in the 16th judicial circuit. The bill was truly agreed to and finally
passed after Senate vote of 33-0 on May 14 and House vote of 99-51 on May 16.
HB 1715 (Schad) – Boating While Intoxicated. Essentially the same as SB 1107 (Scott) – Amends
various laws pertaining to the Water Patrol, including boating while intoxicated. The BAC level for the
crime of operating a vessel with excessive BAC is reduced from .10 to .08. Various penalties are modified,
and the crimes of assault with a vessel and involuntary manslaughter with a vessel while intoxicated are made
universally applicable to the whole state rather than just the big rivers and lakes. It also creates classifications
of prior, persistent, aggravated and chronic for repeat offenses. The bill was passed by the House, 131-17,
and sent to the Senate on April 3. The Senate Committee on Financial, Governmental Organizations and
Elections amended it and reported it “do pass” on April 24. The SCS was amended on the Senate floor and
passed by a vote of 32-0 on May 7. It was truly agreed to and finally passed by the House, 131-16 on May 16,
2008.
HB 1791 (Cooper, R.W.) – Identical to SB 1177 (above). Defines "licensed professional counselor" and
includes these individuals as mental health professionals working in the Division of Comprehensive Psychiatric
Services. At a hearing on the bill, proponents noted that it would allow LPC’s to conduct assessments for
involuntary commitments and said that there are not enough practitioners available to assess persons who
pose a substantial risk to themselves and others. DMH and the Coalition of Community Mental health Centers
support the bill. Referred to the House Committee on Professional Registration & Licensing, which conducted
a hearing and reported the bill “do pass-consent.” The bill was perfected, i.e. given first-round approval, on
March 27 and passed by a vote of 151-0. It was truly agreed to and finally passed by a 32-0 Senate vote.
HB 2034 (Munzlinger) – This bill changes various laws pertaining to weapons, including expansion of criminal
liability immunity for owners of firearms ranges, immunity for landowners who allow certain weapons uses for
recreation, transfers of firearms, limits on traffic in silencers, effects of felony convictions on unlawful
possession charges, etc. It creates the crime of unlawful possession of an explosive weapon when a
person is found guility of a dangerous felony, attempted to commit a dangerous felony, imprisoned for a
period of five years before the date of possession, is a fugitive from justice, is habitually in an intoxicated
or drugged condition, or is currently adjudged mentally incompetent. Anyone violating will be guilty
of a class C felony. The bill was truly agreed to and finally passed after Senate vote of 30-4 on May 5, and a
142-1 vote on May 15.
HB 2065 (Wasson) – Repeals the current reciprocity provision which allows a licensed or certified
psychologist in another state with similar qualifications to receive a Missouri license without meeting the
required criteria and allows for the destruction of the records of meritless claims against psychologists by
sexual predators under certain circumstances. Truly agreed to and finally passed after Senate vote of 33-0 on
May 12 and House vote of 147-0 on May 16.
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Dr. James White to Lead National Advocacy Organization
The Johnson Institute, (http://johnsoninstitute.org/) one of America’s leading organizations advancing
addiction recovery, has named former Milwaukee County Supervisor and veteran leader in the addiction
recovery field Rev. Dr. James White as its new President. A leading political and community leader in
Milwaukee, Wisconsin, Rev. Dr. White is an ordained minister, veteran addictions recovery counselor, program
manager and three-term Milwaukee County Supervisor. He has also served as chairman of the Milwaukee
Coalition Against Drug and Alcohol Abuse. The announcement of White’s appointment was made on April 29,
2008.
“We are at a special point in time when a number of movements are coming together to affect change in
how America responds to problems with alcohol and other drugs. There is a movement to establish evidencebased practices. There is a movement to maximize faith-based initiatives. There are major advances in brain
chemistry. And there is the tremendous growth in the movement of people in recovery, their families, and
allies to put faces and voices around the demonstration that recovery and healing happens,” said Dr. White.
Dr. White will replace retiring CEO Johnny W. Allem, who will continue as President emeritus on a part-time
basis. “Bringing James White on as our President is a great transition for our programs and the thousands of
people we serve across America. He brings skills as an organizer and passion as a leader and teacher,” said
Mike Sime, Board Chair of the Johnson Institute.
For over forty years, the Johnson Institute has pioneered better practices and better policies for addiction
prevention, intervention, treatment and recovery. Vernon Johnson, an Episcopal priest in recovery from
alcoholism, founded the Johnson Institute in 1966 to demonstrate that early intervention in the disease of
addiction is successful. Dr. Johnson and his colleagues created and taught intervention technology to
thousands of counselors and related professionals throughout America and the world. His work contributed to
the wide recognition of the Minnesota Model of treatment, Employee Assistance programs, and school-based
Student Assistance Programs.
With the sharp reduction of professional care that characterized the 1990’s, JI focused on barriers to
appropriate and timely intervention and treatment. The Institute helped start and fund Faces and Voices of
Recovery, a national umbrella service organization for recovery community organizations. JI then launched
the Recovery Ambassadors Program, training members of the recovery community in practical organizational
skills. To date, more than 2200 leaders have been trained in 51 one-day workshops. The Missouri Recovery
Network (MRN) participated in such a training event in Columbia in 2005.
In 2002, JI introduced the acclaimed Faith Partners congregational team model now used by more than 17
faiths and denominations to equip people of faith (http://www.rushcenter.org/) “I have been pleased to be
associated as a volunteer and participant in many JI programs, especially Faith Partners, which I helped cofound with Trish Merrill years ago. The congregational team ministry has seen major acceptance in recent
years. I believe we are ready for major expansion of this program to congregations throughout America,” said
Rev. Dr. White. Former MRN Project Director and ACT Missouri Policy Analyst Gerrit DenHartog serves on the
National Advisory Council for Faith Partners and is a frequent contributor to the JJI quarterly magazine, Faith
Partners Journal. Six United Methodist congregations have participated in Faith Partners training.
Earlier this month JI announced that it is joining with Geroge Washington University’s (GWU) Ensuring
Solutions to Alcohol Problems Project, to create an integrated research. Practice and training service agency
serving the nation’s recovery community and recovery services field, called The Center for Integrated
Behavioral Health Policy. This is a first step toward full affiliation, according to Sime and Eric Goplerud,
Ph.D. Dr. Goplerud, who will head the agency, said, “The 42-year-old Johnson Institute legacy continues to
advance hope, healing, and public understanding of addiction issues. Our union brings together research and
grassroots training and organizing in a very effective way.”
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Harmful Use of Alcohol Targeted by World Health Organization
Reuters reported on May 22 that the World Health Organization (WHO) is set to draw up a global strategy
to tackle youth binge drinking and other forms of harmful alcohol consumption blamed for 2.3 million deaths a
year, officials said. “The harmful use of alcohol causes serious public health problems,” said Dr. Ala Alwan,
WHO assistant director-general for non-communicable diseases and mental health. The health ministers said
the WHO strategy to reduce harmful use of alcohol should be “based on all available evidence and existing
best practices … taking into account different national, religious and cultural contexts.” The blueprint, to be
presented in two years, should include a set of recommended national measures for states. These could cover
guidance on marketing, pricing, and distribution of alcohol and public awareness campaigns.
WHO (http://www.who.int/mediacentre/news/releases/2008/wha02/en/index.html) notes that alcohol
causes 2.3 million premature deaths worldwide each year, accounting for 3.7 percent of global mortality.
Harmful drinking is also linked to traffic accidents, suicides, crime, violence, unemployment and absenteeism.
After tobacco and blood pressure it is the third-leading health risk factor for people in industrial countries to
develop cardiovascular diseases, cirrhosis of the liver and cancers. “Drinking to intoxication and heavy
episodic drinking are frequent among adolescents and young adults, and the negative impact of alcohol use is
greater in younger age groups of both sexes,” the WHO said.
The Global Alcohol Policy Alliance (http://www.globalgapa.org/news/who220508.html), an international
advocacy group, welcomed the WHO initiative: “We are pleased that at last WHO has responded to the
epidemic of alcohol problems that is increasing with growing alcohol consumption in all parts of the world.
GAPA calls on WHO to develop a strong, evidence-based global strategy to reduce these problems. We
particularly note that the resolution properly distinguishes the roles of commercial and other participants in the
development of the strategy and rejects WHO collaboration with the alcohol beverage industry.”
An
alcohol
industry
trade
association,
the
Global
Alcohol
Producers
Group
(http://www.globalalcoholproducersgroup.com/companies/gap_group_companies.html) called the WHO
resolution “balanced and constructive. The Producers Group consists of the world’s major producers of liquor,
wine and beer, including brewers Heineken and Molson Coors. Conspicuous by its absence from the group is
St. Louis-based Anheuser-Busch.
Anheuser-Busch and Distributor Offer to Pay $21 Million to Survivors of Fire
St. Louis-based brewing empire Anheuser-Busch Cos. Inc. and a Rhode Island beer distributor have agreed
to pay $21 million to settle lawsuits brought by survivors of a 2003 nightclub fire and relatives of the 100
people killed, according to court papers filed on May 22, as reported by Associated Press writer Eric Tucker.
The February 2003 fire at The Station nightclub in West Warwick began when pyrotechnics used by the rock
band Great White ignited flammable soundproofing foam on the club’s walls and ceiling. In addition to the 100
deaths, more than 200 people were injured. Anheuser-Busch is the latest big-name defendant to settle the
case rather than bear the costs of continuing litigation or risk the uncertainty of a jury trial. Under terms of
the agreement, Anheuser-Busch and its distributor, McLaughlin & Moran, do not admit wrongdoing. A-B will
pay $5 million and M & M will pay $16 million.
The latest agreements with plaintiffs’ attorneys mean more than $122 million has now been offered to
victims’ families and survivors by more than a dozen defendants, including The Home Depot, which sold
insulation used in the club, and Clear Channel Broadcasting, whose local rock radio station promoted the
concert. The beer companies were named in the lawsuits because survivors and victims’ families said they
helped promote concert, ran a Budweiser promotion at the show, displayed a Budweiser banner outside the
club and developed radio ads that aired before the concert. A-B also allowed its Budweiser trademark to be
7
used at an unsafe event and “without making such minimal inquiry sufficient to discover the dangers of the
band’s performance,” according to lawyers.
McLaughlin & Moran said in a written statement that it was pleased about the settlement and hopes the
case will be concluded quickly. A-B said in a written statement that the company had no responsibility for the
fire but was sensitive to the families. “As a result, we wanted to direct the resource we would have committed
to defending these lawsuits to those families,” the statement said. The settlement requires the approval of
each person suing as well as the federal judge overseeing the case.
Beer Distributor Figures in the U.S. Presidential Campaign
After saying on May 8 that she would never make her tax returns public, even if her husband wins the
White House and she becomes first lady, Cindy McCain, wife of Republican presidential nominee-in-waiting
John McCain released part of her 2006 tax return on May 23. Total income on her IRS 1040 form is more
than $6 million for that year, and total tax on that income a bit more than $1.7 million. Cindy McCain is
chairman of Hensley & Company, which was founded by her father Jim Hensley in 1955. The beer
wholesaler is the third-largest Anheuser-Busch wholesaler in the nation (out of nearly 800) with sales
that in 2007 exceeded 23 million cases of A-B beers sold and nearly a 60% market share. Hensley operates a
sales and delivery fleet of more than 600 vehicles and services a customer retailer base consisting of 5,000
account. It is one of the largest privately held companies in the state, according to its official website
(http://www.abwholesaler.com/hensley/Home). Hoover’s lists its 2007 revenue as $178.1 million.
John McCain and his second wife have kept their finances separate throughout their marriage. A
prenuptial agreement left much of the family’s assets in Cindy McCain’s name. The 1040 form shows that she
filed separately, with two children as dependents. Access to that information is through John McCain’s official
website: http://www.johnmccain.com/mccainfinancial/. That website also includes a summary of her
philanthropic and humanitarian contributions. Curiously, the website does not mention the products sold by
Hensley & Company. The only reference to the company is in a note: “In her role as Chairman of Hensley &
Company, a privately-held business founded by her parents, Mrs. McCain’s main areas of responsibility focus
on strategic planning and corporate vision. Having served the greater Phoenix area since 1955, Hensley &
Company is widely respected as an exemplary corporate citizen, and makes significant charitable
contributions of its own.” After retiring from the U.S. Navy in 1980, divorcing his first wife Carol and
marrying Cindy Hensley McCain, Jim Hensley hired his new son-in-law, John McCain, as Vice President of
Public Relations, a job he held until he began his Congressional career in 1982.
In a March 9, 2008 Boston Globe story, “Alcohol Industry Ties May Test McCain,” Michael Kranish reports
that John McCain, “acknowledging the appearance of a conflict of interest, has recused himself from
voting in Congress on alcohol-related matters ranging from the drinking age to the beer tax. But
if McCain were to become president, he would be obliged to either sign or veto bills related to the alcohol
industry.” He notes that the beer industry is lobbying heavily to rescind a 1991 beer tax increase (a “beer tax
rollback” from the current $18 per barrel to $9 per barrel), and there is a movement to lower federal
guidelines on the drinking age from 21 to 18.
Kranish adds that “the alcohol lobby is one of the most influential in Washington. Although McCain has
recused himself on alcohol issues, he has not refused the industry’s money. Out of all candidates for all
federal offices in 2008 – the White House, Senate and House – McCain has received more alcohol
industry money than all but two. The top recipient was Senator Hillary Clinton of New York, with
$210,750, followed by former New York City mayor Rudy Giuliani with $186,725 and McCain with $152,725.”
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