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April 6, 2007
Partisan tension is building in the state senate on a couple of major issues and majority Republicans are trying to decide whether to take a step that could be costly. Partisan tension is building in the state senate on a couple of major issues and majority Republicans are trying to decide whether to take a step that could be costly.
A right-to-life bill and the Governor's MOHELA package have triggered filibusters from Democrats, keeping either issue from coming to a vote. Some Republicans are tired of what they see as calculated, organized, partisan opposition and they want to shut up the Democrats by shutting off debate and going to immediate votes.
Majority leader Charlie Shields of St. Joseph says Republicans are not going to let Democrats keep Republican priority bills from passing. He says "the folks on the other side" know Republicans are serious about getting their bills passed. He says they also know Democrats could use a parliamentary move called "moving the previous question" to go to the immediate vote.
The "folks on the other side" are Democrats led by Senator Maida Coleman of St. Louis who says Democrats are not going to support Republican bills if Republicans don't let Democrats have a seat at the bargaining table. She says it's unfortunate when the legislature plays politics instead of working on behalf of all of the people.
Shields and Republicans know there are risks to shutting off the Democrats who could then slow down a lot of things in remaining weeks of the session and bring pressure from Republican-allied special interests to get their bills passed right away, too. Seven weeks are left in this session.
News of interest includes:
New draft of CAFO bill gains favor
State Sen. Chris Koster became a constable of conciliation as he pushed a bill changing eminent-domain regulations through the state Senate last year.
Even after it passed the House, the legislation's language made farm organizations, business groups and several of the state’s largest municipalities uneasy. But after marathon negotiations, Koster, R-Harrisonville, was able to come to the Senate floor with a stack of endorsements from formerly competing groups.
Koster has assumed that negotiator position again with a bill that would eliminate county health ordinances that regulate concentrated animal feeding operations, known as CAFOs, and replace those laws with a statewide standard. And after talks during the spring break recess, he said, competing sides have reached a compromise.
"I had said from the beginning, don't watch the early draft," Koster said. "Wait until you see how this thing ends."
Koster's new draft features a number of changes and would put into place what he deems significant environmental protections. He said alterations to the bill include:
- The creation of statewide managed environmental livestock operation standards that include odor-reduction practices and nutrient and dietary management. Koster said the standards would be constantly upgraded to keep up with new technology.
- The creation of a five-person CAFO review board. Members would consist of one appointee each from Missouri Association of Counties, the departments of Agriculture and Natural Resources and the University of Missouri−Columbia, plus a member of the agriculture community appointed by the governor.
The board would have the power to alter livestock operation standards and manage an expanded CAFO fund that could be used to clean up floods and spills. It also would be allowed to issue as much as $2 million in tax credits for odor-controlling technologies for smaller CAFOs.
- Certain smaller CAFOs − Class 2 operations with more than 650 animal units - would be set back at least one mile from recreational lakes. In addition, even the smallest CAFOs would have to go through DNR for review and approval, would be subject to a 500-foot buffer zone and would have to comply with neighbor notification requirements.
- County commissions would still have the power to grant variances on buffer zones and setback distances. They also would have the right to refuse Class 1A CAFOs - those with more than 7,000 animal units.
An animal unit is measured differently depending on the type of livestock - for example, 10 sheep, 30 laying hens or 0.7 dairy cows are each equal to one animal unit as measured by DNR.
Koster said these changes brought the counties association on board with the plan, which he said will be critical in getting the bill passed.
"The critics of this whole process don't want to admit the breadth of the environmental protections that have been contained in the compromises," he said.
Opponents of Koster's approach aren't backing down. Sen. Wes Shoemyer, D-Clarence, said gubernatorial appointees would heavily control the CAFO review board, something he said could come back to haunt farmers. "You're going to change administrations," Shoemyer said, "and you get an administration that feels like St. Louis and Kansas City and Springfield helped them get elected. I think they ought to be careful what they're asking for."
Shoemyer said the greatest problem is that legislators elected close to home won't be making the decisions on the review board.
Koster's bill reached the Senate floor this week, where it faced the prospect of a filibuster from Shoemyer. The delaying tactic has been effective recently, derailing legislation authorizing the partial asset sale of the Missouri Higher Education Loan Authority and the lifting of casino loss limits.
But Shoemyer said he might not need to use a filibuster because he doesn't think Koster has the votes to pass the bill.
"I'm trying not to get a history of filibustering a bill that doesn't have the votes to pass," Shoemyer said.
The issue of CAFOs has sparked recent controversy in Mid−Missouri because of a proposed CAFO near Arrow Rock that would house 4,800 hogs. Because Saline County has no health ordinances that regulate CAFOs, the legislation would not affect plans for the operation.
Senate committee clears helmet repeal for adults
Motorcycle enthusiasts who have tried for years to repeal a Missouri law requiring them to wear helmets saw their effort move forward Wednesday, with a Senate panel's endorsement of the measure.
The Senate Transportation Committee endorsed a bill to repeal the requirement for anyone 21 or older to wear a helmet. Younger riders still would need helmets. The measure cleared the House a couple weeks ago.
But it traditionally faces greater hurdles in the full Senate, where just one or two opponents can stall a vote. Still, the bill is further along in the legislative process by early April than it has gotten in the past few years.
Supporters of the repeal say it's an issue of personal freedom. The measure cleared the committee on an 8-2 vote, with some Democrats joining all Republicans in support.
Missouri is one of 20 states that currently require helmets for all motorcycle riders. But those who want to repeal the law say most of Missouri's neighboring states don't require adults to wear helmets, and that Missouri's requirement deters motorcycle riders from traveling to Missouri or holding events here.
"Illinois riders will not come in to Missouri because they've got to buy a helmet," said Tony Shepherd of St. Louis, a motorcycle rider and chairman of ABATE Missouri, which supports repealing the requirement.
Opponents say helmet use will go down if adults are no longer required to wear them, and deaths and serious injuries from motorcycle crashes will rise − increasing state taxpayer−funded health care costs. They also say helmet laws are tough to enforce if they depend on the age of the rider.
"Other states have given us very good examples of what will happen," said Leanna Depue, Missouri Department of Transportation highway safety director. "This bill literally will result in people losing their lives."
Shepherd said if the doomsday scenarios of opponents were true, more states that got rid of the helmet requirement would have reinstated it.
House Bill 155 mow advances to the Senate floor debate, after earlier winning approval in the House of Representatives. A number of groups expressing opposition to the proposal at the committee hearing.
Traditionally, bills to repeal the helmet law for adults have passed with strong bipartisan support in the House of Representatives but stalled during Senate floor debate. With the bill ready for Senate debate relatively early in the session, it will be more difficult for Senate opponents to sustain an effort to block the measure.
Medicaid Reform Proposal Initially Approved by Missouri Senate
The Missouri Senate debated this week and initially approved a Senate Substitute for Senate Committee Substitute for Senate Bill 577. The bill is sponsored by Senate Majority Leader Charlie Shields, R-St. Joseph. It would implement many of the Medicaid reform proposals advanced by Governor Matt Blunt and the Senate Republican caucus.
The newer Senate Substitute was debated for three days in the Senate with several amendments added to the legislation. The perfecting vote (initial approval) on the bill took place on Wednesday evening. The bill now awaits final approval by the Senate before it moves on to the Missouri House.
Some changes in the Senate Substitute include the following.
Language was modified stating that all participants shall be enrolled in the health improvement plan of their choice rather than stating that the participants shall be enrolled in a health improvement plan.
Language was added stating that if a provider is unable to collect a co-payment, the division shall make full payment to the provider and not reduce the payment as if the co-payment had been received. The provider must demonstrate that reasonable efforts were made to collect the co-payment.
Other changes amended onto the bill during debate include the following:
The Medicaid fraud language contained in House Bill 353 (previously reported) was added to the bill. This is language that the hospitals and doctors support. It was amended to the bill as a substitute for Medicaid fraud language that the providers do not support.
Children's Vision Bill Advances
SENATE COMMITTEE SUBSTITUTE FOR SENATE BILL 16, SPONSORED BY SEN. DELBERT SCOTT, R-LOWRY CITY, WAS HEARD AND ADVANCED BY THE HOUSE SPECIAL COMMITTEE ON PROFESSIONAL REGISTRATION AND LICENSING THIS WEEK. IF PASSED, THIS BILL WOULD REQUIRE THAT EACH CHILD ENROLLED IN KINDERGARTEN OR FIRST GRADE RECEIVE A COMPREHENSIVE VISION EXAMINATION.
Emergency Management
Senate Bill 705 was heard in Senate Health. This legislation is opposed by the trial attorneys and was postponed last week.
The bill allows health care professionals from any state to provide care as necessitated by an emergency subject to approval by the State Emergency Management Agency. The act also allows mutual aid agreements between political subdivisions and other public and private entities. In these instances, the professionals shall not be liable for civil damages or administrative sanctions other than damages for acts of malice.
The Governor may suspend rules prescribing procedures for conducting state business when strict compliance would hinder action by the Department of Health and Senior Services during an emergency.
The Department of Health and Senior Services may suspend rules pertaining to dispensing medications in a state of emergency and may dispense under the supervision of a licensed health care provider.
Bill Changes Laws on Newborn Genetic Testing and Follow-Up Services
The House Health Policy Committee held a hearing on House Bill 948 this week and approved a House Committee Substitute for the bill. It revises standards governing the Department of Health and Senior Services' retention of laboratory specimens and their use in public health research. Also, the results of genetic screening tests on newborns may be released by the department to the child's health care provider.
The bill also specifies how appropriated funds may be used by the state to subsidize the purchase of costly dietary formula needed to treat those with various metabolic disorders, such as PKU.
Bill To Establish Health Professional Shortage Planning Commission Advances
House Committee Substitute for House Bill 450, sponsored by Rep. Judy Baker, D-Columbia, was advanced in the House Special Committee on Workforce Development and Workplace Safety this week. This bill establishes the Missouri Health Profession Shortage Planning Commission within the Department of Economic Development. The commission’s duties include monitoring data and trends in the health profession workforce, identifying recruitment and retention strategies for higher education health care programs and identifying recruitment and retention strategies for health care employers.
Committee Discusses Immunization Proposals
The Senate Seniors, Families and Public Health Committee reviewed several proposals to change the laws on immunizations required for school attendance. The original version of Senate Bill 514 would have required that female students entering grade six be immunized against human papilloma virus. The virus is sexually transmitted and strongly associated with cervical cancer. The bill also requires the state to provide school districts with information to distribute to students and parents regarding human papilloma virus and the vaccine against it. Insurers would be required to cover the cost of the vaccinating females between the ages of 11 and 21 against the human papilloma virus.
In presenting Senate Bill 514 to the committee, the legislative sponsor offered the committee a revised bill. She described it as "opt-in" proposal, authorizing vaccination only with explicit parental consent. However, opponents of the measure took issue with the proposal, arguing that it would allow children to be immunized without appropriate parental involvement.
The committee also considered Senate Bill 670, which would rescind the authority of the Department of Health and Senior Services to use departmental regulations to add to the list of immunizations required for school attendance. Instead, those regulations only could address the manner and frequency of the immunizations spelled out in the state law. However, the department could block statutorily required immunizations by regulation.
I called Kevin Gipson, Greene County Health Department to urge the chair, Senator Champion−Springfield, to not vote the bill out of her Senate Health Committee. Kevin promptly followed up and Champion is not inclined to push this legislation out of committee.
Next week
Only 26 legislative days remain until the May 18th adjournment. A bottleneck is being predicted with MOHELA, Medicaid reform and the budget still awaiting legislative approval.
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