March 11, 2011

The legislature continues to focus on committee hearings.

The Senate repealed Proposition B passed by the voters in November. The so called puppy mill initiative was passed overwhelmingly by voters. Legislators commented that it would wipe out the dog breeding business in Missouri.

Nuclear power was also the subject of debate in the Senate Energy Committee. For over six hours, the committee debated whether Ameren should be able to charge rate payers for the costs of successfully wining a U.S. Nuclear Regulatory Commission early site percent for a possible future nuclear power plant.

The House debated legislation for three days requiring drivers examinations to be in the English language.

Spring recess begins the week of March 17th so it will be an exceedingly busy week prior to break.

News this week includes:

House-Health Insurance
The House Health Insurance Committee met Tuesday.

Chairman Chris Molendorp, R-Belton, called the committee into executive session and the legislators voted do-pass for House Bill 270, sponsored by Rep. Eric Burlison, R-Springfield. It was approved in a vote of 7-0. A motion was made to do-pass consent for HB 270, but the motion failed.

HB 270   Requires the state health insurance plan to provide coverage that is substantially similar to Medicare to participants eligible for and covered by Medicare and those eligible but not covered by Medicare. - Voted do pass

HB 609   Establishes the Show-Me Health Insurance Exchange Act. - Hearing conducted

Following the vote, Rep. Molendorp presented a bill before the committee that would establish the Show-Me Health Insurance Exchange Act. His legislation - House Bill 609 - creates a governing board and initial plans for a health insurance exchange program that allows people to compare insurance prices. The federal health care law, which was passed last spring, also requires states to participate in a health insurance exchange.

Rep. Molendorp said that it is important for Missouri to implement an exchange program now, before it is mandated by the federal government. Specifics of the legislation include creation of a governing board, providing qualified health benefits, certifications for providers and a plan for information distribution via a website, toll-free number and a broker referral network.

Several members of the committee had concerns about who would make up the governing board and potential conflict of interest. Rep. Molendorp said he is willing to consider potential clean-up language that could be used.

Speaking in favor of the legislation were: Jeremy LaFaver, Missouri Partnership for Children; Alcides Martinez, Delta Dental; Misty Snodgrass, American Cancer Society; Andrea Routh, Missouri Health Advocacy Alliance; and Cheryl Dillard, Coventry Health Care.

John Huff, director of the Missouri Department of Insurance, Financial Institutions and Professional Registration, spoke for informational purposes only.

Background Checks
House Bill 544 was reviewed by a House committee. It would revamp standards governing employee background checks for health care workers. The proposal would expand the scope and cost of require background check reviews.

Tabor- Taxpayer Bill of Rights
A proposed constitutional amendment to cap state appropriations was presented to a House committee. Background information was provided by Representative Burlison and former Representative Allen Icet. This legislation has been introduced for 3 years. There has been less emphasis with the Fair Tax proposal taking the “limelight”.

Nurses
A House committee approved a committee substitute for House Bills 223 & 231, which authorizes a series of grants to higher education institutions to expand training opportunities for nurses.

Tobacco Settlement
A perennial bill was heard in House General Laws. HB 491 changes the requirements regarding when funds can be released from escrow accounts under the Tobacco Master Settlement

Agreement.  Funds can be released to the extent a tobacco manufacturer establishes that the amount it was required to place into escrow based on units sold in Missouri in a particular year is greater than the payments from the agreement that the manufacturer would have been required to make based on the units sold if the manufacturer had been a participating manufacturer.

The bill contains an emergency clause.

As always the major tobacco companies and small manufacturers are fighting each other.

Clean Air
House bill 438 was heard in House Local Government. The bill repeals the Indoor Clean Air Act and establishes new laws regarding smoking in public places.  In its main provisions, the bill:

1. Prohibits smoking in all enclosed facilities including buildings and vehicles owned, leased, or operated by governmental entities;
   
   
2. Prohibits smoking in all enclosed public places including, but not limited to, restaurants, bars, shopping malls, retail stores, sports arenas, theaters, and museums;
   
   
3. Prohibits smoking in all enclosed facilities within places of employment including, but not limited to, meeting rooms, employee lounges, private offices, and cafeterias;
   
   
4. Prohibits smoking in outdoor places including within 15 feet of entrances, windows, and ventilation systems; bleachers and grandstands of outdoor arenas; public transportation stations, platforms, and shelters; and playgrounds;
   
   
5. Exempts private residences, tobacco retail stores, at least 20% of hotel and motel rooms, and certain outdoor areas of places of employment from the provisions of the act;
   
   
6. Requires the posting of no smoking signs and the removal of ashtrays in prohibited areas;
   
   
   
7. Prohibits any person or employer from discriminating or retaliating against any person who has exercised his or her rights under the provisions of the bill;
   
   
8. Specifies that the Department of Health and Senior Services will enforce the provisions of the bill;
   
   
9. Specifies that any person smoking in a prohibited area will be guilty of an infraction and any person who controls a public place or place of employment who fails to comply with the provisions of the bill will be subject to a fine not to exceed $50 for the first violation, a fine not to exceed $100 for a second violation within one year, and a fine not to exceed $500 for a third or subsequent violation within one year and may have his or her license suspended or revoked; and
   
   
10. Allows a political subdivision or local school board to establish more stringent ordinances or rules.

The bill becomes effective January 2, 2012.

Twenty six states have similar laws. American Heart Association, Lung Association and the St. Louis County Municipal Board were in favor.

There are questions on who will pay for enforcement which is being further explored.

Seat Belts
House Transportation Committee heard HB 713.

HB 713 states Currently, the driver and each front-seat passenger of cars and trucks with a licensed gross weight under 12,000 pounds must wear a safety belt.  Exemptions are allowed for United States Postal Service employees while performing their duties, persons operating or riding a motor vehicle being used in agricultural work-related activities, and persons with a medical reason.  This bill requires all drivers and passengers in all cars and trucks to wear a safety belt except those already exempt.  A person with a medical reason must possess documentation from a physician to be exempted from wearing a safety belt.  If there are more persons than there are safety belts in the enclosed area of a motor vehicle, the passengers who are not able to wear safety belts must sit on the seats behind the front seat unless the vehicle is designed only for a front-seated area.

The bill also removes the provision that prohibits a person from being stopped, inspected, or detained solely for not wearing a properly adjusted and fastened safety belt.

The Highway Patrol, Missouri Safety Council, Missouri Hospital Association and St. John’s were in support.

Next week
The Missouri General Assembly will have four full days next week before taking a week off for Spring Recess.

The jobs agenda “Fix Six” seems to be moving rapidly. In the meantime the Budget is being reviewed thoroughly by the House and will be approved by the committee next week.

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