2016 Capitol Report - End of Session
During the 2016 legislative session, 148 bills were Truly Agreed To and Finally Passed. Eighty-six are House bills (including 16 budget bills). Sixty-two are Senate bills. A very brief overview is noted below.
The TAFP bills will be sent to the Governor for his approval, except SB 586 (which was vetoed by the Governor and overridden by the General Assembly). More information will be forthcoming in the next few weeks.
Please contact me if you would like any additional information regarding any legislation from the 2016 session.
BUSINESS – Supporting Missouri Business
HB 1870 – “Big Government Get Off My Back Act.” Extends tax relief to certain small businesses that create full-time jobs.
SB 702 – Unemployment Compensation Benefits. Recovery of overpaid unemployment compensation benefits due to nondisclosure, misrepresentation, error, omission or lack of knowledge.
ECONOMIC DEVELOPMENT – Promoting and Growing Missouri
HB 1698 – “Meet in Missouri Act.” Allows the Department of Economic Development to approve grants (not to exceed $1 Million) to attract national conventions to the state.
SB 861 – Transportation Facilities. Advanced Industrial Manufacturing Zones – Authorizes Missouri ports to establish AIMS, creates the Port Authority AIM Zone Fund consisting of 50% of state withholding tax from new jobs within the zone to be used for expenses regarding the expansion, development and redevelopment of the zones; Bring Jobs Home Act – Allows an income tax deduction of 50% of expense associated with eliminating a business outside of Missouri and reestablishing it within the state; Transportation Facilities Tax Incentive – Creates three types of income tax deductions for entities transporting cargo through water port facilities and airports; Public-Private Partnership Transportation Act – Adds port facilities, water facilities, wastewater treatment facilities, public building, etc. to the definition of “project” in the act.
ELEMENTARY AND SECONDARY EDUCATION – Investing in Missouri Children
HB 1583 – Anti-bullying Policy. Requires schools to adopt policies and procedures for reporting and investigating bullying, training school employees, and discussing the anti-bullying policy with children; Youth Suicide and Awareness and Prevention – Allows annual training in youth suicide awareness and prevention for teachers as part of required professional development hours.
HB 1646 - “Missouri Civics Education Initiative.” Requires American Civics to be included in the exam required for graduation.
HB 2379 – Dyslexia Screening in Schools. Establishes a Task Force on Dyslexia and requires that public schools screen students for dyslexia and related disorders, as well as provide reasonable classroom supports.
SB 586 – School Funding and Early Childhood. Reinstates the 5% per calculation cap on the growth of public school for the purposes of state funding; Allows Charter schools to be eligible for early childhood education funding at the same time as public school districts in which the charters are located (HB 1667).
SBs 620 & 582 (HB 1612) – Career and Technical Education. Creates the Career & Technical Education Certificate and modifies composition of the Career and Technical Education Advisory Council.
SB 638 (HB 1646) – “Missouri Civics Education Initiative.” American Civics to be included in the exam required for graduation; Remedial Education Prevention – requires identification of students in 9th grade who are at-risk of not graduation on time and ready for college or work; Pledge of Allegiance – requires it to be recited once per school day; Charter Schools – changes include the requirement for charters to meet current state academic performance standards; Early Learning – allows a quality rating system for early childhood education programs; Gifted Education – reinforces the definition of “gifted;” reduces funding for schools with a decrease in gifted program enrollment of 20% or more; A+ Schools Program – allows qualified students in nonpublic schools to be eligible; Trauma-Informed Schools Initiative – provide information and training to schools.
SB 711 – CPR Training in Schools. Requires 30 minutes of CPR training in public schools prior to graduation.
HIGHER EDUCATION – Making Higher Education More Affordable
SB 997 – Uniform College Transfer Requirements. Missouri Higher Education Core Curriculum Transfer Act – Establishes a minimum 42-hour standard core curriculum and common course numbering system for lower division courses at community colleges and public four-year institutions; Public Service Loan Forgiveness – Requires notice of public employee eligibility for public service loan forgiveness; Postsecondary Course Options - Allows any state two-year college, including the State Technical College of Missouri to offer postsecondary course options to high school students (HB 2428); Higher Education Website – Requires the Department to public and maintain a website listing institutions that meet certain requirements; Dual Credit Scholarship Act – Establishes a scholarship to reimburse eligible students up to 50% of tuition cost paid by student for dual credit courses; “15 To Finish Act” – Development of policies to promote on-time completion of college degree programs; Two pilot programs to improve success in higher education.
HEALTHCARE – Improving Quality and Access to Health Care
HB 2029 – Step Therapy for Prescription Drugs. Prevents redundant “step therapy” for patients who switch health insurance benefits by not forcing them to try medications already proven to be ineffective.
SB 608 – “Health Care Cost Reduction and Transparency Act.” Requires health care providers to provide an estimated cost of a health care service within 3 days upon a patient’s written request, Hospitals shall make available to the public the cost (without discounts) of the 100 most prevalent diagnosis-related groups; Creates the “Missouri Palliative Care and Quality of Life Interdisciplinary Council” and “Palliative Care Consumer and Professional Information and Education Program” for the study of availability of and barriers to accessing palliative care; Administrative Rules regulating the construction of hospitals; Changes to MO HealthNet co-payments, missed appointments and reimbursements; Meningococcal Vaccinations - Expanded information regarding vaccinations for students in higher education institutions; Physical Therapy Licensure Compact; Occupational Therapy – Prohibits higher co-payments than for a primary care physician visit; Prescription Eye Drops – Coverage for early refills.
SB 635 - Health Care. Dyslexia Task Force and Dyslexia Screening (HB 2379); EMT-P Licensure Testing – Required through the national registry of developed by the Department; Background Checks for Certain Health Care Providers; Medical Helipad Fences; Health Care Workforce Data Analysis – Collection and analysis of workforce data for future workforce planning, accessibility and availability of services and practitioners; Nurse Licensure Compact; Emergency Supplies of Medication and other provisions included in SB 608
SB 865 – Maintenance Medication. Allows a pharmacist to dispense varying quantities of maintenance medication; Synchronization Services for Prescription Medications and other changes to pharmaceutical services.
SB 875 – Interchangeable Biological Product. Allows the safe substitution of interchangeable biosimilar medications.
SB 973 – Similar to SBs 608, 635 and 865
HB 1816 – Similar to SB 608, 635, 865
CHILDREN – Protecting Missouri Children
HB 1550 – Child Custody Orders. Includes (HB 2055 – Shared Parenting) provisions requiring the Missouri Supreme Court to have parenting plan guidelines, a parenting plan handbook must be made available, and there shall not be a presumption based on gender that one parent is more qualified to act as the custodian for the child; Violation of Child Custody Order – Requires the court to consider a party’s violation to enforce or modify a permanent custody or visitation order.
HB 1562 – Sexual Trafficking. Expands the crime to include advertising a child participating in a commercial sex act.
HB 1649 – “Rescue the Forgotten.” Provides immunity from liability for persons who render assistance to children trapped in a motor vehicle.
HB 1877 – Child Abuse and Neglect. Central Registry - Adds certain crimes to the list for an individual to be noted on the Central Registry, requires notification of Children’s Division by the court in certain cases; SAFE CARE Providers – Requires Children’s Division to evaluate reports of child abuse and neglect concerning a child three or under; Task Force on Prevention of Infant Abuse and Neglect; Children in Foster Care – Requires that a court defer to the decisions of the caregiver regarding the child’s participation in activities; Changes provision regarding the Reentry of Children in the Custody of Children’s Division.
CRIME & LAW ENFORCEMENT – Protecting Missourians
HB 2332 – Judicial Proceedings. Changes to the laws pertaining to Felony Classifications, Elder Abuse Reporting, Law Enforcement Use of Force, First Degree Murder, Second Degree Tampering, Intoxication-related Boating and Traffic Offenses, Leaving the Scene of an Accident, Agroterrorism, and Marijuana Possession.
SB 588 – Expungement. Gives a second chance to people with criminal records for minor offenses, including wait time lowered to seven years for felony offenders and three years for misdemeanors.
SB 590 – First Degree Murder – Modifies provisions
SB 591 – Expert Witness. Improves the reliability of expert evidence presented to juries in Missouri state courts.
SB 656 – Concealed Carry. Allows any person to carry a concealed firearm anywhere that isn’t prohibited by law without a permit; “Stand Your Ground” – Removes the requirement that a person who is any place they are legally allowed to be can use force without retreating first.
SB 765 – Public Safety. Changes and establishes provisions relating to the conduct of political subdivisions, public servants, and law enforcement officers; Traffic Citation Quotas – Prohibits a requirement or encouragement for an employee to issue a certain number of traffic citations.
SB 847 – Collateral Source Rule. Parties may introduce evidence of actual cost, rather than value, of the medical care rendered.
SB 921 – Domestic Violence. Modifies requirements for reporting of crimes and domestic violence incidents by law enforcement agencies; Higher Education MOU – Requires institutions to engage in discussions with law enforcement and enter into an MOU regarding sexual assault, domestic violence, dating violence, and stalking; Mental Health Services for Crime Victims – Adds licensed board-certified psychiatric-mental health clinical nurse specialists and nurse practitioners to the list of compensated providers.
TAXES – Holding the Line on Taxes
HB 1582 – Withholding Tax Filing Requirement. Changes the laws regarding the withholding tax filing requirements for certain small businesses that file annual withholding tax returns.
HB 2140 – Creates the “Missouri Task Force on Fair, Nondiscriminatory Local Taxation Concerning Motor vehicles, Trailers, Boars, and Outboard Motors.” Authorizes a taxing jurisdiction to hold a vote, no later than November 2018, whether to impose a local sales tax on vehicle titling on purchases from a source other than a licensed Missouri dealer after such a tax was repealed.
PUBLIC ASSISTANCE – Providing for Missourians in Need
HB 1565 – Medicaid Asset Limits. Raises the MO HealthNet asset limits for disabled persons, the blind and the elderly.
SB 607 – Welfare Reform. Data Verification for Public Assistance Eligibility – Provides steps to verify eligibility of recipients for benefits including SNAP, TANF, child care assistance and MO HealthNet; Additional MO HealthNet reimbursements for behavioral, social, and psychophysiological service; Creates the Joint Committee on Public Assistance; MO HealthNet Reimbursements for Ground Emergency Medical Transport Services – supplemental reimbursement.
ETHICS – Changing the Political Climate
HB 1979 – Revolving Door Ban – Requires a waiting period for elected officials seeking to become lobbyists after leaving office.
HB 1983 – Ban on Elected Paid Political Consultants – Prohibits elected officials from working as paid political consultants.
HB 1599 – Adoptee Rights Act. Establishes procedures for an adopted person to obtain a copy of his/her original birth certificate. Applicant must be at least 18 years of age, born in Missouri and provide appropriate proof of identification.
HB 1631 & HJR 53 – Voter Identification – Requires a person to submit a specified form of photo identification to vote. Also requires the state to pay for individuals to obtain a valid ID if they do not have one. HJR 53 is a proposed constitutional amendment that will appear on the November ballot for voter approval.
HB 1976 – Motor Vehicle Extended Service Contracts. Includes repair of certain road hazard damages, replacement of a vehicle key or key fob when inoperable, stolen or lost; Towing company regulations; Autocycles – May operate without a helmet if equipped with a roof that meets certain standards.
HB 2376 – Construction Management – Creates the construction manager-risk method for political subdivisions for public projects in excess of $2 million and nonpublic projects in excess of $3 million; Design-Build Contracts – Creates new provisions relating to design-build contracts for political subdivisions.
SB 657 – Incompatible Motor Fuels - Exempts others from liability for property damage related to a customer’s error in purchase of motor fuel blended with ethanol or renewable fuel.