A Second Chance after Successful Criminal Rehabilitation

On Wednesday, the Missouri House approved SB 588 (a proposal to reform criminal expungement policy in Missouri), and the Senate subsequently sent the bill to Governor Jay Nixon.

As I have written before (here), Missouri’s criminal expungement laws are due for an upgrade.

SB 588 would increase the availability and affordability of criminal expungement applications for certain low-level and nonviolent felony and misdemeanor offenses. Allowing criminal expungement in specific cases will help those who have paid their debt to society and demonstrated successful rehabilitation to move past their mistakes and become productive citizens.

The “ban the box” movement is a related effort, in this case intended to increase economic opportunity for past offenders by eliminating questions concerning criminal records on applications for employment. Following the lead of 21 other states, last month Missouri Governor Nixon “banned the box” on state employment applications with Executive Order 16-04, by requiring that state employment applications not ask about criminal records until the later stages of the hiring process.

The criminal expungement reforms within SB 588 would allow many more low-level offenders to re-assimilate themselves into society by opening up job opportunities beyond government employment. Instead of waiting the two decades required for qualified (nonviolent) felony offenses and the one decade for qualified misdemeanor offenses, rehabilitated nonviolent felony offenders could apply for expungement after five years from the completed sentence; for misdemeanor offenses, the waiting period would only be three years.

SB 588 would contribute to the restorative and rehabilitative functions of Missouri’s justice system. Increasing access to higher-quality jobs should greatly improve the economic prospects of nonviolent past offenders, thereby reducing the chance of recidivism as well.

TIF Reform Legislation Races Into the Homestretch, But the Clock Is Ticking

Thanks to robust bipartisan support and assisted by a strangely-timed development proposal, the Missouri legislature is on the verge of passing a package of long-overdue tax increment financing (TIF) reforms. With only hours left in the legislative session, however, it remains an open question whether the House will send the bill to the governor in time.

Let me tell you why this reform is so needed.

The main thrust of House Bill 1434 is to curb the rampant TIF abuse that residents in the Saint Louis area have seen recently, including the plan to subsidize a Stan Kroenke development only weeks after Kroenke moved the Saint Louis Rams out of town. With that incident in mind, most of the bill's language deals with three counties in particular—Saint Charles, Jefferson, and Saint Louis counties—and the manner in which TIFs can be enacted and administered. For those reasons alone, the bill has merit.

But there's another element that also deserves to be highlighted. Tucked a little deeper into the legislation is language that would make TIF committee activities more transparent to the public. More specifically:

It shall be the policy of the state [emphasis mine] that each redevelopment plan or project of a municipality be carried out with full transparency to the public. The records of the tax increment financing commission including, but not limited to, commission votes and actions, meeting minutes, summaries of witness testimony, data, and reports submitted to the commission, shall be retained by the governing body of the municipality that created the commission and shall be made available to the public in accordance with chapter 610.

For those wondering, Chapter 610 of the Missouri revised statutes contains the state's "Sunshine Law," and you'll find a parallel "policy of the state" language there as well.

It is the public policy of this state that meetings, records, votes, actions, and deliberations of public governmental bodies be open to the public unless otherwise provided by law. Sections 610.010 to 610.200 shall be liberally construed and their exceptions strictly construed to promote this public policy.

Transparency is an effective disinfectant, and for that reason alone this TIF bill is important. TIF reform been a long-standing priority here at the Show-Me Institute; that the legislature may finally take a substantive step in the right direction is both exciting and gratifying. I'm keeping my fingers crossed.

 

Kansas City Streetcar Ridership Numbers

After years of losses at the polls, City leaders finally got the vote they needed in 2012 to approve the $102-million-plus streetcar project. After at least one delay of several months, the streetcar officially opened on Friday, May 6, 2016.

How successful was its launch?

That’s tough to say. On its opening weekend there was at least one train (and communication) breakdown, which caused the police to empty not only that train but the one behind it.

As for ridership, each streetcar is equipped with an automatic passenger counter (APC), which is industry standard. Ridership numbers are knowable daily and by hour. Here is the daily ridership so far, as provided by Kansas City Area Transportation Authority and the Streetcar Authority:

·         Friday: 12,230

·         Saturday: 14,648

·         Sunday: 5,448

·         Monday: 3,945

How many riders should we expect? Well, that itself appears to be a moving target. The Streetcar Authority CEO recently said that the expected ridership is 2,700 per day. But back in late 2014, we were told ridership would be 3,500 per day. That’s a decrease of 25% before it even started running!

These numbers matter, because ridership will be an important consideration if voters are asked to expand the system.

As opening weekend recedes into the past, it is important to make information about the streetcar easily accessible to the public. We at the Show-Me Institute are thrilled that there is a standard method for counting ridership, and we look forward to collecting and reporting those ridership numbers often.

An Informed Public: Poor Policy’s Worst Enemy

For the time being, it seems that plans to tear down Kansas City International Airport (MCI) and build a $1.2 billion new terminal have been shelved. Public polling indicated that about 60% of city voters, whose approval was required for a bond issuance, remained opposed.

Supporters of a new terminal lamented this pause and argued that voters were not sufficiently informed of what was before them. Some even propose a more aggressive public education campaign. Sadly, this is what serious policy discussions often come down to—not thoughtful exchanges of ideas, but rather an uncompromising proposal stubbornly marketed and shouted in various ways at a busy public. And if they still don’t agree . . . shout louder!

In fact, after years of public debate, voters in Kansas City (and everyone who uses the airport) knew exactly what was being asked of them. Few issues have been discussed in more or at greater length than the airport. There have been numerous public meetings, TV and radio segments, and print news articles on the matter. A group of citizens even collected signatures to make sure the public had a vote. The public knew exactly what was being proposed.

Because MCI is a cheap airport for airlines to serve, we get more service. We have more direct flights than other markets our size. American Airlines and Southwest continue to expand service and in recent years we’ve attracted additional smaller discount airlines such as Allegiant and Spirit. These are not warning signs of a failing airport.

There are risks to taking on big builds. In Sacramento, San Jose, and Cincinnati, localities invested heavily in new airports. They increased airline fees to pay down the debt and saw airline service decline. This is a simple enough economic reality: when you charge more for something, you sell less of it. It really is that simple. Any effort to improve MCI must make sure that we retain our competitive advantage: a cheap and convenient airport.

Those in St. Joseph and across the region have a stake in the matter, but they won’t have a vote. Frequent travelers would be well served to make sure their friends in Kansas City are educated on the benefits and risks of a new terminal.

House Wisely Overrides Veto on Funding Formula Cap

Yesterday, the Missouri house voted 113-43 to override Gov. Nixon’s veto of SB 586, which reinstates a 5% cap on the growth of the foundation formula target for education spending in the state. This follows the Senate’s 25-7 override vote on the same measure. To borrow from Martha Stewart: this is a good thing.

When Missouri’s funding formula was rewritten in 2005, lawmakers prudently placed a limit on just how much the state’s obligation to fund education could grow from year to year. In 2009, believing gambling tax revenue was going to flush the system full of cash, lawmakers removed the cap, and the amount has grown and grown to an absurd degree. This year, the formula required almost $500 million more than the state was willing to pay.

My colleague James Shuls has been all over this issue for years. As he wrote recently:

When I make a payment on my credit card debt, the next month’s payment is lower. However, when lawmakers increase funding for the foundation formula, it triggers an increase in the funding that will be required for the next go-round. This occurs because the formula is updated bi-annually based on how much a select group of districts spend per pupil.  The legislature gives districts more money, the formula gets recalculated based on this new spending, and the target moves ever upward.   

We have created a vicious circle in which more spending begets more spending.

Now, the legislature is considering reinstating the five-percent cap. This would not necessarily fix the perpetually increasing funding cycle, but it would slow it down. It would make it more feasible for lawmakers to fully fund the foundation formula.

Ending the vicious cycle is a great first step. Here’s hoping this turns the legislature’s attention to broader issues of education reform, like the ones we outlined in 20 for 2020

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