February 25, 2010

The Senate this week focused on a campaign reform ethics bill making changes to some of the current ethics laws passed over the years. This past year three state legislators are either in prison or currently in court for various misdeeds.

To quote Senator Chuck Purgason “you can pass all the laws you want but you will never make unethical people ethical”.

The House is currently taking committee reports from the Appropriations Committee for the review of the House Budget Committee.

The stress on the state budget is tremendous. The proposed budget of $8.3 billion in general revenue exceeds most estimates or the actual tax receipt by $1 billion.

Next year (2012 fiscal year) the state may be forced to reduce General Revenue spending by 15%.

Clean Indoor Air Act
On Monday evening, SB 904 was heard in the Senate Judiciary.

The bill repeals the current Indoor Clean Air Act and enacts new provisions regarding smoking in public places.

This act provides that smoking in all enclosed public places shall be prohibited. The act lists examples of public places and includes restaurants, bars, health care facilities, shopping malls, retails stores, sports arenas, theaters and museums. A public place does not include a private residence unless it is used as a child care, adult day care, or health care facility. Smoking in all enclosed facilities within places of employment such as meeting rooms, employee lounges, private offices, elevators, hallways and cafeterias shall be prohibited. This act also prohibits smoking in outdoor places, including within 15 feet of entrances, windows, bleachers and grandstands of outdoor arenas, public transportation stations and playgrounds. Private residences, tobacco retails stores, at least 20 percent of hotel and motel rooms and certain outdoor areas of places of employment are exempt from the smoking prohibitions.

The Department of Health and Senior Services shall enforce the provisions of this act. No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because such person exercises any rights afforded under or reports any violations of this act. An employee or private citizen may bring legal action to enforce provisions of this act.

Any person smoking in prohibited areas shall be guilty of an infraction and any person who controls a public place or place of employment who fails to comply with the act shall be subject to a fine not to exceed 50 dollars for the first violation and up to a 500 dollar fine for a third or subsequent violation within one year. In addition, such person may have any license issued to such person suspended or revoked.

This act allows political subdivisions or local school boards to enact more stringent ordinances or rules.

This act becomes effective January 2, 2011.

This act is substantially similar to HB 1766 (2010).

Several cardiologists testified on behalf of the measure as well as representatives from Barnes Jewish Christian, March of Dimes and Heart Lung and Cancer Associations.

This legislation had a well-received hearing. However, as Bray is a Democrat it will not progress as a standalone bill.

Birth/ Death Certificates
SB 855 (Schaefer) was heard Tuesday in Senate Health.

The legislation allows the State Registrar, within the Department of Health Senior Services, to create and sell Heritage Birth or Marriage Certificates for a fifty dollar fee. The heritage certificates shall represent the birth or marriage of the individual named on the original record or certificate and shall be accepted as an original record. The heritage certificate shall be suitable for display and shall celebrate the unique heritage of Missouri citizens.

The heritage certificates shall be issued in a form consistent with the need to protect the integrity of vital records and include security measures consistent with federal law. The certificates shall only be issued to individuals born or married in Missouri.

The fees from the sale of the heritage certificates shall be distributed to the general revenue fund, children's trust fund, endowed care cemetery audit fund, the crippled children's service fund and the Missouri public health services fund. The act prescribes how such funds will be distributed.

Tobacco Master Settlement
Senator Schaefer’s SB 884 was head in the Senate Commerce on Tuesday.

The bill requires all tobacco manufacturers whose cigarettes are sold in Missouri to report and certify to the Department of Revenue and the Attorney General's office by April 30 of each year that they are in compliance with the Tobacco Settlement Model Statute currently in Missouri law. In addition to the certification, manufacturers must also provide a list of "brand families". Non-participating manufacturers must provide the number of units sold for each family for the preceding year, the name and address of any other manufacturer of their brand families in the preceding or current calendar year, and other information to verify compliance with the model statute in their certification. All manufacturers must update their lists thirty days prior to any addition to or modification of its brand families through a supplemental certification to the director of the Department of Revenue.

In addition to other certification requirements, each non-participating manufacturer must be registered to do business in the state or maintain an agent within the state for the purpose of service of process relating to the enforcement of the act. By July 1, 2010, the Director of the Department of Revenue must make available for public inspection or publish on the department's web site a list of all tobacco product manufacturers that have satisfied the certification requirements established in the act.

The director of the Department of Revenue and the attorney general are allowed to share information on tobacco sales in the state to implement and enforce the provisions of the act.
Stamping agents (persons authorized to affix cigarette tax stamps to cigarette packages) are required to submit to the director an e-mail address for the receipt of notifications as required by the bill and to submit various reports and documents as required by the department.

Various penalties and actions for failure to comply with the requirements of the act are included. The act contains an emergency clause.

This act is similar to the Senate Committee Substitute for Senate Bill 242 (2007).

Sunshine Law
The Senate Ways and Means Committee heard SB 851   Requires at least four days notice before voting by governing bodies of local governments on tax increases, eminent domain, and certain districts and projects. Requires at least four days notice before voting by governing bodies of local governments on tax increases, eminent domain, and certain districts and projects.

Sen. Eric Schmitt, R-Glendale, presented the final bill of the hearing. His legislation, Senate Bill 851, would require at least four days notice before voting by governing bodies of local government on tax increases, eminent domain and certain districts and projects. Dave Cook, UFCW Local 655, gave examples of abuse to the system by certain municipalities and believes this bill will help address those issues.

Other witnesses in favor were: Doug Crews, Missouri Press Association; Kyna Iman, Mid-America Retails Joint Labor Management Committee; and Don Hicks, Missouri Broadcast Association.

The committee then held an executive session and voted "do-pass consent" on four pieces of legislation. Senate Bills 862, 863 and 915 give authority for public vote on certain local tax issues. SB 808 relates to public administrators.

House Version of the Sunshine Law
Rep. Tim Jones, R-Eureka, presented two bills to the committee that seek to improve Missouri's Sunshine Law. House Bill 1445 is similar to legislation passed through the House during the 2009 session and changes several laws regarding the Open Meetings and Records Law. House Bill 1444 is included as a sub-section of HB 1445, but Rep. Jones would like to be considered as a separate bill, should problems be found with HB 1445. The bill requires governing bodies to hold a public meeting and to allow public comment four business days prior to voting on an issue involving fee or tax increases, eminent domain, zoning, transportation development districts, capital improvement districts, commercial improvement districts or tax increment financing.

Speaking in favor of the legislation were: Stan Berry, Daily American Republic newspaper of Poplar Bluff; Laura Bryant, Creve Coeur City Council; Scott Eckersley, former attorney with the Blunt administration; Jean Maneke, Missouri Press Association; Don Hicks, Missouri Broadcast Association; David Overfelt, Missouri Retailers Association, along with other representatives from grocery stores in the St. Louis area. I'm sorry I don't have these names, either.

Those testifying in opposition were: Richard Sheets, Missouri Municipal League; and Tim Fischesser, Municipal League of St. Louis.

House Health Care
The Health Care Policy Committee heard HB 1650.

The bill adds a specialist, a licensed health care professional under the direction of a licensed physician or dentist, a 501(c)(3) tax-exempt charitable health care referral network, and the professional corporation of a physician organized under Chapter 356, RSMo, to the list of health care providers for whom the State Legal Expense Fund is available for the payment of certain claims filed against a provider.

Dr. Cooper, the sponsor, has aimed the bill at free clinics and to allow health care providers to refer to specialists in a charitable network.

These referrals would be covered by the State Legal Expense Fund.

Prompt pay
The House version of prompt pay was passed overwhelmingly by 158-0.

HB 1498 sponsored by Ones was the result of negotiations between health insurers and providers.

The Senate version SB 663 (Lembke) is moving through the Senate.

No amendments were accepted on this delicate balance. Insurers will no longer be able to suspend claims indefinitely.

The link to HB 1498: http://house.mo.gov/content.aspx?info=/bills101/bills/hb1498.htm

Senate-Commerce, Energy and the Environment
The Senate committee on Commerce met on Wednesday.

SB 884   Amends various provisions of the Tobacco Master Settlement Agreement.

Senator Schaefer introduced his bill. Michael Herring, a representative of the National Association of Attorneys General, testified in favor of the bill saying it would eliminate loopholes found in the Tobacco Master Settlement Agreement that are benefitting Non-Participating Manufacturers, and would ensure there would be no loss of payments to Missouri because of NPMs in the state. Joan Gummels of the AG's office also testified in favor of the bill, echoing Mr. Herring's sentiments and adding that the bill simply makes sense in terms of politics. Chuck Hatfield, a representative of Cheyenne International, testified against

SB 884   Amends various provisions of the Tobacco Master Settlement Agreement. Mr. Hatfield said that NPMs in Missouri are not taking advantage of loopholes, but rather are complying with regulations that were intentionally placed in the Master Settlement Agreement.

Senate- Ways and Means
The Senate Ways and Means Committee heard bills regarding Missouri tax policy including:

SB 905   Implements the provisions of the streamlined sales and use tax agreement.

The second bill heard before the committee was Senate Bill 905 presented by Joan Bray, D-St. Louis. Her legislation, also known as the Mainstreet Fairness Act, would implement the provisions of the streamlined sales and use tax agreement no later than Jan. 1, 2012. The bill requires the Department of Revenue, in consultation with a streamlined sales tax governing board, local taxing entities, and political subdivisions to promulgate rules and take all actions necessary to implement these provisions. Sen. Bray said this legislation would bring Missouri sales tax into the age of technology. Twenty-three states are already participating in this type of program.

Christopher Rants, a representative in the Iowa General Assembly, spoke on behalf of the legislation, citing the success of his state when adopting streamlined sales tax. Iowa collects over $9 million for voluntary compliance of the program. According to a University of Tennessee study, he said that Missouri is seeing about a $430 million in lost revenue due to people being unable to pay sales or use tax.

Also speaking in favor of the bill were: Maureen Riehl, National Retail Federation; Scott Peterson, Streamlined Sales Tax Governing Board, Inc.; David Overfelt, Missouri Retailer's Association; Wayne Lee, private citizen; Otto Fajen, Missouri National Education Association; Ruth Ehresman, Missouri Budget Project; Clark Brown, Service Employees International Union; and Richard Von Glahn, Communications Workers of America Missouri.

HJR 57
The so-called “Health Care Freedom Act” allowing Missourians to opt out of a federal health care plan will be debated next week.

Link to the bill: http://www.house.mo.gov/content.aspx?info=/bills101/bills/hjr57.htm

Ballot Measures
Senate Finance Committee voted “DO PASS” SB 818 and SJR 30.

SB 818 modifies various provisions relating to initiative and referendum petitions.

Link to the bill: http://www.senate.mo.gov/10info/BTS_Web/Bill.aspx?SessionType=R&BillID=3201468

SJR 30- This constitutional amendment, if approved by voters, would require that all state and local ballot measures seeking to create a new, or increase an existing, tax which are placed before voters during any other election than a general election receive approval by no less than sixty percent of the voters in order for such tax or increase to become effective.

Ballot measures and referendums continue to gain more attention as outside groups promote special interest issues for ballot decisions.

TABOR
Representative Icet’s HJR 87 the revised TABOR bill as expected was voted “DO PASS” on a party line vote in the House Budget Committee.

The bill is revised from last year without the “ratchet back” effort.

The high water tax base is 2008 which is better than the 3 year average originally proposed.

Link to the bill: http://www.house.mo.gov/content.aspx?info=/bills101/bills/hjr87.htm

MO HealthNet Continues Work On Certification Requests; New ACS Tracking Tool Available
MO HealthNet Division continues to work on reducing the backlog of retrospective and current certification requests. The backlog of retrospective certifications from the previous certification contractor, Healthcare Excel; the conversion to a new contractor, Affiliated Computer Systems; and the current paper-based process have created delays in authorizations, extended phone wait times and delays in payment on retrospective claims. MHD has been kept informed by health care providers of the problems this has created for health care providers and is working to improve the current process while continuing to work on a process to submit inpatient certifications online via CyberAccess.

A new CyberAccess certification tracking tool is now available for providers to view the status of certifications and daily discharge hospital reports. In late May, the CyberAccess tool will offer new features that enable online certification requests. Until then, MHD advises that there are several things health care providers can do to facilitate a timely response to their requests and improve the certification process.

Next Week
The Missouri General Assembly adjourns on Thursday March 4th for the spring recess.

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