District 151 Capitol Report
June 5, 2015
Greetings! I hope this Capitol Report finds you and your
family doing well! I apologize for the
lengthy Capitol Report this week, I have combined last week’s report into this
one due to not being able to send last week’s report due to internet issues.
I have been very busy these past two weeks since trying to
reconnect with everyone. I have attended
several meetings locally of various groups and organizations. I have been blessed with the privilege of
being able to eat or volunteer at most of our local senior centers, I will
hopefully be able to be at them all again soon!
I have attended several policy related meetings including
one in Columbia regarding healthcare data sharing. This meeting was very informative and the
discussion has actually led to much more discussion. The big question that I
have from this meeting is “What type of policies do we need to have in place
and how do these policies need to be worded or structured to protect a person’s
right to privacy while also using the available technology to allow healthcare
information to be shared when needed for healthcare purposes of the
person?”. I hope to have an answer to
this question, or at least some thoughts toward an answer by the end of this
year so that this question may be addressed during the next session.
Later this month I will be attending a meeting in Washington
DC regarding Medicaid Health Policy. I
have several questions that I am preparing to ask at this meeting. There are so many changes happening currently
in healthcare and with the Supreme Court decision regarding Obamacare, I feel
that we will see even more changes in our healthcare. I hope this meeting will help to prepare me
as we plan to meet the challenges ahead of us.
There are many issues that myself and my office are looking
at regarding education. We have been
reviewing the teacher and student testing issues. Currently I am comparing the “old”
competencies with the “new”. There have
been so many changes recently but I am not sure that our teachers have been
consulted. I would like to find a way to
return to more local decisions being made regarding curriculum. I do not agree with the way the decisions are
currently being made from “higher up” and then being passed down without input
from our teachers and local school boards.
I will keep you posted as work continues on this.
I am looking forward to this next week, I will be able to
attend my first meeting of the Joint Committee on Child Abuse and Neglect. We will be hearing from the Juvenile Office
regarding how this office works, scope of practice and authority. I have many questions and hope to learn the
process of how a child enters the juvenile system and exactly what a normal
progression looks like as one would go through this process. I am most interested in learning what the
progression looks like from the eyes of a child and the eyes of the parent.
I will close for now but please feel free to call my office
or my cell number if I can be of service to you!
Until next week,
Tila
Capitol News:
Listed below is a summary of the “highlights” from this
session. This summary was created by the
House Communications Department and I felt it was a very good summary to share
with everyone.
2015 LEGISLATIVE SESSION
LEGISLATIVE HIGHLIGHTS
AGRICULTURE
Dairy Revitalization Act (HB 259)
The governor signed into law legislation designed to give a
much-needed boost to the state's struggling dairy industry. The Dairy
Revitalization Act takes a three-pronged approach to support this industry that
supports 23,000 jobs, either directly or indirectly.
The new law will create a dairy producer margin insurance
premium assistance program to help dairy farmers obtain financial protection
when times get tough. It also will create a scholarship program to encourage
young people to pursue careers in the dairy industry. Finally, the bill will
require an annual study and a corresponding plan to enhance and grow the dairy
industry in Missouri.
Supporting Missouri's Agriculture Industry (SB 12)
A bill meant to support the state's multi-billion dollar
agriculture industry was signed into law in April. The bill has several
provisions including the Dairy Revitalization Act that also was contained in HB
259. In addition, the bill will allow trucks to carrier heavier loads of grains
during harvest season and heavier livestock loads year-round. It also will
allow the Department of Agriculture to better monitor foreign land acquisitions
by requiring the department to review land sales only when buyers do not have
proper tax documentation. In addition, the bill contains language to allow beef
producers to vote to increase the state beef check off that is used to fund a
marketing program to further promote beef and beef products; and it will
protect livestock farmers from liability if someone is injured on their farm.
CAPITAL IMPROVEMENTS AND REPAIRS
Reauthorization for Unexpended Funds (HB 17)
This bill reauthorizes appropriations previously made by the
General Assembly when the authority for the appropriations will lapse before
the funds are fully expended. These projects are typically, but not always,
multi-year capital construction or maintenance and repair projects. The General
Assembly retains complete discretion on which projects are reauthorized.
Maintenance and Repair (HB 18)
This bill authorizes expenditures for maintenance and repair
on state facilities. State facilities include any building or property owned by
the state, not including higher education facilities, or property owned or
possessed by the conservation or transportation commissions. Expenditures are
authorized from a variety of state funds including the constitutionally
mandated Facility Maintenance Reserve Fund pursuant to Article IV, Section 27
of the Missouri Constitution.
New Capital Improvements (HB 19)
This bill includes new capital improvement expenditures. The
vast majority of these expenditures for fiscal year 2016 reflect Board of
Public Buildings bonding for maintenance and repair projects at state
facilities and at higher education institutions throughout the state. Debt
service for the bonding is also included.
CHILDREN
Achieving a Better Life Experience Program (SB 174)
The legislature moved this session to create the
"Missouri Achieving a Better Life Experience Program" to help Missourians
save for the long-term needs of a child with disabilities. Under the bill, a
participant may make tax-deductible contributions to an account established for
the purpose of financing the qualified disability expenses of a designated
beneficiary. The bill is meant to help people with disabilities achieve
economic independence and greater financial security, and help them become less
reliant on other public programs, while still being able to access necessary
supports and services to live independently in their own homes and communities.
Protecting Children (SB 341)
Legislation takes several steps to ensure young people in
Missouri are raised in safe and healthy environments. The bill will require
licensed child care centers to follow current safe sleep standards recommended
by the American Academy of Pediatrics for children under the age of one.
The bill also requires all public, private, and parochial
day care centers, preschools, and nursery schools to notify parents or
guardians, upon request, of whether there are children at the facility with an
immunization exemption.
The legislation also gives the Children's Division of the
Missouri Department of Social Services authority to take action when it
receives a report of a child under 14 with problem sexual behavior exhibiting
inappropriate behavior against another child. Current law allows the division
to investigate only abuse allegations against adults and other teens.
CONSUMER PROTECTION
Child-Safe Packaging for Liquid Nicotine (HB 531)
The increasing popularity of e-cigarettes led the
legislature to approve a bill to put new safety standards in place to protect
young people from the dangers of liquid nicotine. The bill is meant to ensure
child safety and prevent accidental nicotine poisoning by requiring child
resistant packaging. Individuals who engage in retail sales of liquid nicotine
containers in Missouri in violation of these provisions will be assessed a fine
of $250 for the first violation and $500 for each subsequent violation.
Paper and Plastic Bags (HB 722)
The legislature took action this session to ensure
Missourians will continue to have the choice of paper or plastic bags at the
grocery store. Legislation now on the
governor's desk specifies that all merchants, itinerant vendors, and peddlers
doing business in this state must have the option to provide customers with a
paper or plastic bag for any item or good purchased. The bill also makes it
clear that a political subdivision cannot impose any ban, fee, or tax upon the use
of paper or plastic bags.
The bill also prohibits municipalities from mandating a
"living wage" above the state minimum wage and other rules related to
employee benefits.
ECONOMIC DEVELOPMENT
Tax Increment Financing (HB 514)
The legislature gave final approval to a plan that will help
finance a redevelopment project in Fenton. The bill allows for designated tax
increment financing for the former Chrysler plant in Fenton that closed in
2007. The site will now be developed as a business park with an emphasis on
light manufacturing. The redevelopment is expected to help create up to 1,500
jobs within the first two years while adding as many as 2,000 additional jobs
over time.
Data Center Attraction (SB 149)
The state will have a new tool to attract new data storage
businesses and the jobs they create to Missouri under legislation already
signed into law by the governor. The bill will allow data centers to forego
sales and use tax on the purchase of equipment and materials when expanding or
building a new facility. To qualify, an existing facility will have to invest
at least $5 million and create 5 new jobs for an expansion. A new facility will
need to invest $25 million and create 10 new jobs to qualify. The new jobs will
have to pay 150 percent over the county average wage.
ELEMENTARY AND SECONDARY EDUCATION
Education Reform (HB 42)
The House and Senate agreed on legislation that is meant to
clarify and improve an existing state law that allows kids to transfer from
poor-performing schools to better-performing ones. The bill includes a number
of provisions that would allow the Department of Elementary and Secondary
Education to accredit individual schools within each district rather than the
district as a whole. It would allow students in unaccredited schools to
transfer to other accredited schools in the district as a first option, which
is meant to save districts from being bankrupted by paying for a mass exodus of
students to other districts. The bill also would give students in urban areas
the option to transfer to neighboring accredited districts if all slots are
full in the accredited schools in their district; and provide an option to
transfer to an approved charter school or to enroll in a virtual education
program. In addition, the bill would help ease the financial burden on sending
districts by giving receiving districts an incentive to accept lower tuition
reimbursement for transferring students; and protect receiving districts from
being overwhelmed by transferring students by allowing them to establish
policies regarding classroom size and student-teacher ratio.
Sexual Education and Harassment Training (HB 501)
The General Assembly gave final approval to legislation
meant to ensure young people are educated regarding the potential dangers of
sexual predators and the increased risks associated with the Internet. The bill
requires any course materials and instruction relating to human sexuality and
sexually transmitted diseases in a public or charter school to teach students
about the dangers of sexual predators, including on-line predators. Pupils must
be taught how to behave responsibly and remain safe on the Internet and the
importance of having open communication with responsible adults and reporting
any inappropriate situation, activity, or abuse.
HEALTH CARE
Allowing for New Model of Medical Care (HB 769)
The General Assembly approved legislation this session to
pave the way for a Direct Primary Care model of health care delivery. The model
has been compared to having a doctor on retainer in much the same way a client
would keep an attorney on retainer.
In the arrangement, the patient would pay a set monthly fee
and could then receive all the direct primary care they need. Under the bill,
patients would be able to pay for these services with pre-tax dollars from a
health savings account. In addition, employers could offer to pay these fees or
reimburse their employees who choose to participate in direct primary care
arrangement.
Treatment Coverage for Eating Disorders (SB 145)
The legislature approved a bill this session to provide
assistance to Missourians with an eating disorder. The bill will require
insurance companies to cover the diagnosis and medically necessary treatment of
eating disorders. The bill is not a mandate on insurance, but lays out how
eating disorder coverage decisions must be made.
Medicaid Funding (SB 210)
Legislation given final approval by the General Assembly
reauthorizes a tax on medical providers that is responsible for billions of
dollars in funding for the state's Medicaid program. The bill will extend the
taxes on providers such as hospitals, nursing homes, and ambulances for an
additional year. The reauthorization will generate approximately $3.6 billion
in funding for Missouri's system of Medicaid.
Medical Malpractice Reform (SB 239)
Legislation already signed into law will limit the amount an
individual can receive for noneconomic damages in a medical malpractice
lawsuit. The bill reinstates limits similar to those that were put in place in
2005 and then struck down in 2012 by the Missouri Supreme Court. The
legislation will cap most noneconomic awards at $400,000. For catastrophic
injuries such as paralysis or even death, the bill will cap noneconomic damages
at $700,000. The bill also includes a provision to increase the caps by 1.7
percent annually.
HIGHER EDUCATION
Campus Free Expression Act (SB 93)
The General Assembly approved legislation to protect free
expression on the campuses of public institutions of higher education. The bill
designates the outdoor areas of campuses of public institutions of higher
education to be traditional public forums. Public institutions of higher
education may maintain and enforce reasonable time, place, and manner
restrictions in service of a significant institutional interest only when such
restrictions employ clear, published content and viewpoint-neutral criteria,
and provide for ample alternative means of expression.
A+ Schools Program Residency Requirement (SB 224)
Legislators gave final approval to legislation that would
prevent illegal immigrants from receiving scholarship benefits through the
state's A+ Schools Program. The bill requires a student to be a United States
citizen or a permanent resident in order to receive benefits.
LABOR AND MANAGEMENT
Right-to-Work (HB 116)
For the first time in Missouri's history, the General
Assembly passed a Right-to-Work bill to give workers the freedom to choose
whether to join a union. The legislation prohibits an employer from requiring a
person to become a member of a labor organization as a condition or
continuation of employment. The bill is meant to make Missouri a more
attractive location for new and existing job creators.
Unemployment Reform (HB 150)
The General Assembly approved and the House overrode the governor's
veto of legislation meant to protect the state's unemployment system from
insolvency in the event there is another economic downturn. The legislation is
designed to make sure the state has enough money in its unemployment trust fund
so that businesses don't lose a portion of a federal tax credit they normally
receive. The bill requires increased payments from employers to help the
state's Unemployment Compensation Trust Fund reach a balance that is capable of
paying for benefits without going into debt. The bill also ties unemployment
benefits to the average unemployment rate so that more benefits are available
when unemployment is high. If the state were in a position of high unemployment
(9 percent or higher) benefits would be available for 20 weeks. In periods of
low unemployment (lower than 6 percent) benefits would be available for 13
weeks.
The bill still requires a successful veto override in the
Senate before going into law.
POLITICAL SUBDIVISIONS
Municipal Court Reform (SB 5)
Legislation sent to the governor's desk is designed to
protect Missourians from municipalities that have used excessive traffic
tickets and fines to generate revenue. The bill limits the amount of revenue
municipalities can generate from traffic tickets to 20 percent, which is down
from the current limit of 30 percent. The bill further limits municipalities in
St. Louis County, which has been plagued by excessive traffic violations, so
that only 12.5 percent of their total revenue can be derived from traffic
tickets.
The bill also creates additional protections for Missourians
by capping the total fines and court costs for minor traffic violations at
$300, and ending the process of courts issuing failure to appear charges
against defendants for missing court dates on minor traffic violations. The
bill also would prevent courts from ordering jail time for minor traffic
offenses. In addition, the bill includes provisions to ensure accountability
from municipalities by requiring they meet minimum standards – police services,
balanced budget, insurance, etc. – or possibly be dissolved.
PUBLIC ASSISTANCE
Welfare Reform (SB 24)
Legislation that was enacted over the governor's veto will
put the Strengthening Missouri Families Act into effect as law. The legislation
will lower the lifetime benefits for Temporary Assistance for Needy Families
recipients to 45 months from the current limit of 60 months. In addition, it
will add Missouri to the list of 37 other states that require welfare
recipients to take immediate steps to seek employment in order to receive
benefits. The legislation then takes the savings generated by the reforms and
invests them in child care, education, transportation, and job training
assistance for participants in the TANF program.
SPECIAL DAYS/WEEKS/MONTHS
Organ Donor Recognition Day (HB 88)
Legislation approved this session will designate July 3 of
each year as "Organ Donor Recognition Day" and recommends people of
the state to observe the day by participating in activities that will increase
awareness of organ donation. The bill is meant to bring recognition to the
importance of organ donation and the approximately 1,300 Missourians currently
waiting for organ transplants.
Epilepsy Awareness Month (HB 400)
The bill designates the month of November each year as
"Epilepsy Awareness Month" and encourages citizens to participate in
activities and events to increase awareness of epilepsy and its related
symptoms.
Missouri Safe Boating Week (HB 402)
The bill designates the first full week of May before Memorial
Day as "Missouri Safe Boating Week" and encourages citizens to
observe the week with appropriate activities and events. The designation will
mirror the federal Safe Boating Week designation.
Multiple Sclerosis Awareness Week (HB 861)
The bill designates the first full week of March each year
as Multiple Sclerosis Awareness Week in Missouri and encourages citizens to
participate in appropriate activities and events to increase awareness of
multiple sclerosis.
Jackie Robinson Day (HB 859)
The bill designates April 15 of each year as Jackie Robinson
Day in Missouri and encourages citizens to observe the day in honor of Jackie
Robinson, the first African-American to play major league baseball.
STATE CONTRACTS
Fairness for Fee Office Bids (HB 137)
The Missouri General Assembly gave final approval to
legislation that would change the way the state considers businesses or groups
to run local license offices. Currently, the Missouri Department of Revenue
more favorably considers contract bids for these offices if the bidder promises
to pay back some of the profits to the state. The policy is currently being
challenged by a lawsuit filed by several license office operators. The
legislation would prohibit the Commissioner of the Office of Administration from
awarding points on a request for proposal for a contract license office to a
bidder for a return-to-the-state provision offer.
TAXATION AND REVENUE
Tax Amnesty (HB 384)
The state will generate millions of dollars in additional
revenue under a legislative proposal already signed into law by the governor.
The bill authorizes a tax amnesty period that will allow Missourians to pay
back taxes without penalty. Specifically, it will set up a period between
September 1 and November 30 when delinquent taxpayers can pay off their tax
debt. The bill will then require those who utilize the amnesty period to comply
with all state tax laws for a period of eight years.
Tax Notification (SB 18)
Legislation sent to the governor's desk is meant to protect
Missouri businesses from unannounced changes in state tax policy. The bill
seeks to end to the process of "notification by audit" by requiring
the Department of Revenue to post all tax policy changes on its website; and to
notify businesses either by mail or email.
VETERANS AND MILITARY
Making Missouri a Purple Heart State (HB 403)
The bill designates Missouri as a "Purple Heart
State" to honor the state's combat wounded veterans for their service. The
bill also removes any additional fees charged for subsequent sets of Purple
Heart license plates.
Office of Military Advocate (HB 1070)
The House and Senate worked together to pass legislation to
establish the Office of Military Advocate within the Missouri Military
Preparedness and Enhancement Commission for the purpose of advocating for the
military in Missouri. The office must be administered by the military advocate,
who will be appointed by the Governor with the advice and consent of the
Senate. The advocate will serve a term of six years and the Department of Economic
Development must provide administrative support and staff as needed to support
the office.
VICTIMS RIGHTS
Crime Victim Compensation (SB 141)
Legislation approved this year will provide additional
compensation to victims of crime. Current law allows the Crime Victims'
Compensation fund to pay eligible victims up to $200 each week for the loss of
employment and for injury or death. The bill approved by the General Assembly
will increase the reimbursement amount to $400 per week.
Orders of Protection (SB 321)
The House and Senate took action this year to address an
oversight in Missouri law that has prevented victims of rape and sexual assault
from obtaining an order of protection against their assailants. Missouri's
existing law regarding orders of protection has been limited to victims of
domestic violence and stalking victims. The bill also expands the definition of
stalking to include unwanted activity directed toward the members of the
victim's household.
VULNERABLE PERSONS
Money Follows the Person Program (HB 343)
A bill that received final legislative approval this year
will establish a committee to assess the continuation of the Money Follows the
Person Demonstration Program. The program works to support both aging and
disabled Missourians to transition from nursing facilities or habilitation
centers to quality community settings. The committee will study sustainability
of the program beyond the current demonstration time frame for all transitions
to occur by September 30, 2018.
Human Trafficking Task Force (HCR 38)
The General Assembly approved legislation to create the
Human Trafficking Task Force with the mission of raising awareness of the human
trafficking problem in Missouri and providing organizations and agencies that
enforce human trafficking laws and assist victims with a central place to share
information. The task force is charged with reporting a summary of its
activities and making any recommendations for legislation to the General
Assembly by January 1, 2017.
Senior Savings Protection Act (SB 224)
The Senior Savings Protection Act is designed to protect
older Missourians from financial exploitation. The legislation will allow
financial agents to take action to prevent suspected fraudulent activity that
could victimize Missouri seniors.
The bill will let a financial agent refuse to disburse funds
in the event they suspect a senior or disabled adult client is being defrauded.
The agent would then have time to notify the family of the client and the
proper authorities. Current law does not allow a financial agent to raise
concerns to anyone not named on the account.
Announcements:
My office is continuing to review the Unclaimed Property
List that we have received and are working to contact each person that is on
this list! If you think you might be on the list, please call my Capitol Office
at 573/751-1494.