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May 19, 2011

The long session is finished at last. As always a great many issues did not receive attention. However, several major problems such as congressional redistricting, passage of a budget less $400 million, unemployment benefits and accepting federal monies were addressed. The Republican majority in the House and Senate tended to fight much more than Democrats and Republicans which stymied legislation. As evidence of discord, SB 68 passed to allow legislators or the party accused to have subpoena powers for production of records as well as production of witnesses.

A movement to extend charter schools to areas of the state in addition to St. Louis and Kansas City failed. Once again the major economic package for Missouri was brought up the last half hour of the session and passed the House never reaching the Senate floor. House bill 193 the Congressional Redistricting was passed. Then vetoed by the Governor and then an override occurred almost immediately.

Right to work was talked about and never given serious consideration by the Senate.

The state franchise tax will be eliminated by 2016. This bill was fast tracked (SB 19).

Perhaps a little understood bill, allowing hospitals, pharmacies and long term care facilities to tax themselves and receive a 2 to 1 federal match was passed in the last hour of session (SB 62). If it had not passed the state would have had a $3 billion shortfall in the budget and a special session would have had to be called by the Governor.

There were 1,521 pieces of legislation filed during the 2011 legislative session. In the end, a total of only 149 bills, 47 Senate bills and 102 House bills, passed the General Assembly and await the Governor’s action and that number includes the 19 appropriation bills.  The press has painted the session as a lackluster one which was paralyzed by severe budget cuts and an ongoing battle over state tax credits and economic development issues. 

A recap of the progress and developments over the session include:

The Modified Sales Tax (Fair Tax) (Mega Tax)
HJR 8 and SJR 1 did not advance out of their respective chambers this year.

As you know, these initiatives are being promoted by billionaire Rex Singqufield’s major lobbying group.

The proposals would replace the state income tax with a state sales tax. Not for profits and all other groups- business and professional would be impacted.

Look for the Singqufield group to being the initiative petition process. His group has also pushed to lower the percentages required in congressional districts for placement on the ballot.

TABOR
The Taxpayer Bill of Rights imposing caps on state government spending by taking a base of the last 3 years of the state budget had one informational hearing and died (HJR 11)

Bidding
This year proposals to change the bidding process for public entities was successfully removed from numerous bills that Associated General Contractors and Senator McKenna had attached them to this year.

Look for this legislation to return with the same ability to pursue legal remedies even if you had not bid on a project but felt wronged.

Children’s Immunizations
House bill 690 (Representative Bahr) regarding children’s immunizations did not come out of committee.

This legislation proposed taking this responsibility away from the DHSS committee making the regulations and giving the responsibility to the legislature.

Bert Malone (Jackson County Health Department), hospitals, M.D.s, D.O.s and a host of others testified against.

CORE Funding
As reported earlier the House added $1.3 million for local public health funding and later the Senate deleted the amount to the Governor’s recommendation.

We should be thankful the budget for local public health was “flat” for the year.

Most entities were not as fortunate. Thank you for all your calls and contacts with your legislators.

Tax Amnesty Legislation
Incredibly, HB 116 Representative Flanigan was not passed by Friday May 13th.

The legislation provided amnesty to those Missouri taxes who are behind or had not paid taxes that are owed to the state.

In return for payment of the income and sales tax those business and tax payers would not be assessed penalties.

HB 116 was expected by the Administration to bring in approximately $80 million over 4 years.

The legislature and the Governor predicated all the budget discussions and actual appropriations on receiving these additional funds that would have helped all taxing jurisdictions. How much would be raised remains and is yet to be determined. At this point, the Governor does not seem to be inclined to call a special session and could make additional cuts on his own. House and Senate leaders amended the legislation to numerous bills to no avail as time ran out.

TANF
SS SCS HCS HB 73 & 47 –Temporary Assistance Benefits for Needy Families Program was passed.

This bill requires the Department of Social Services to develop a program to screen each applicant for or recipient of Temporary Assistance for Needy Families (TANF) Program benefits and test, using a urine dipstick five panel test, each person whom the department has reasonable cause to believe, based on the screening, engages in the illegal use of a controlled substance.

Link to the bill: http://www.house.mo.gov/billsummary.aspx?bill=HB73&year=2011&code=R

CAFO’s
Representative Tom Loehner added HJR 3 language to HB 356 and SB 177.

Upon voter approval, this proposed constitutional amendment affirms the right of persons to raise livestock in a humane manner without the state imposing an undue economic burden on their owners.  No law criminalizing the welfare of any livestock will be valid unless based upon generally accepted scientific principles and enacted by the General Assembly.

These bills did not pass. However, paranoid lobbyists were looking at this as possible CAFO language.

Cigarette Tax
Representative Kelly’s HB 1023 and HB 859 increasing cigarette taxes did not come out of committee. However, it may have more debate next session if the budget continues to be short.

Budget could be out of balance
There are reports that the Governor's Office believes the budget passed by the General Assembly for the fiscal year beginning July 1 is $90 million in the red and that means cuts could be made. So the recently passed proposed budget could be in jeopardy. We will keep you posted on any budget adjustments Governor Nixon makes in the coming weeks.

Please make your contacts as requested by MOALPHA.

Henry County
A disagreement between the Henry County Health Department and County Commission erupted into a legislative battle with all regulatory fees and tax increases being approved by the county commission in Henry County. The amendment was added and approved by the local Representative and Senator. No bills passed although amended onto 4 bills. I hope meetings this summer will solve some issues.

Legislation Not Enacted:

  •  Medicaid Managed Care
    Authorizes MO HealthNet demonstration projects to enroll aged, blind and disabled enrollees in managed care plans (HB 11)

  • Flu Shots for Hospital Workers
    Requires hospitals to administer or make an annual flu shot available to patient care workers in hospitals, with various exemptions and a worker’s right to refuse (SB 267, amendment to SB 177)

  • Liability of Volunteers
    Provides liability protection for licensed health care professionals who provide volunteer services for a sponsoring organization (HB 29)

  • Labor Relations
    Prohibits use of wage withholding to collect union dues or fees from public employees. Also, unions could not make political contributions from dues of public employees without each employee’s written authorization. The bill would be subject to voter approval. (SB 202)

  • Lobbyist Disclosure
    Representative Schoeller’s HB 45 never saw the light of day. However, it did have a hearing. Not my favorite bill. It would have required any entity receiving any type of state funds to disclose their name and compensation of their lobbyist.

Legislation Enacted:

  • Disclosure of Cost-Sharing Obligations
    Requires health insurers to provide enrollees, upon their request, with information on cost-sharing obligations for specific items or services furnished by a participating health care provider. The requirement takes effect January 1, 2014, and mimics a federal law in content and timing. (SB 62)

  • Workforce Training
    Replaces a nurse training program with grants to higher education institutions to expand their capacity to train nurses to meet designated types and areas of need defined by the Missouri State Board of Nursing and the Missouri Department of Higher Education. (HB 223, SB 325)

  • Pharmacy Issues
    Establishes that drugs used in federally-approved clinical trials will be subject to federal rather than state regulations. The change will be effective immediately upon gubernatorial approval. It resolves regulatory issues raised last year that threatened to block clinical trials of drugs in Missouri. (HB 412, SB 284, SB 325)

  • Social Services Eligibility Standards
    Allows the Missouri Department of Social Services to test applicants and recipients of Temporary Assistance to Needy Families benefits and withhold benefits from those testing positive for illegal drug use. Benefits may be continued if the person completes a drug treatment program and does not have a subsequent positive drug test. (HB 73)

  • Allows parents or guardians of children eligible for Medicaid or Children’s Health Insurance Program coverage to review, sign and return a prepopulated eligibility verification form to continue the child’s coverage. The parent must update the information as necessary. (HB 555)

Recap 2011 Legislative Session
This session certainly had mixed reviews. The majority party (Republicans) actually had more disagreements between the House and Senate than party rivalry (Democrats vs. Republicans).

Economic development legislation did not pass and state modification for the federal health care plan met a brick wall. There were numerous bills introduced that were individual problems that legislators attempted to solve by state statute changes. As the legislators became more “seasoned” their experience will correct a great deal of the issues.

Dates of Interest
Listed below are several key dates which may be of interest:

  • July 14, 2011
    Last day for Governor Nixon to sign or veto legislation

  • August 28, 2011
    Legislation enacted during the 2011 legislative session becomes effective unless the legislation carried a specific date or emergency clause

  • September 14 – 15, 2011
    Annual Veto Session in Jefferson City

  • December 1, 2011
    First day to pre-file legislation for the 2012 legislative session

  • January 4, 2012
    First day of the 2012 legislative session

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