JEFFERSON CITY—With the final swing of the gavel, the 2010 legislative session came to a close at 6 p.m. today. Before the session concluded, lawmakers reached a consensus on many of the top priorities outlined at the beginning of the year.
Of the more than 1,800 bills and resolutions introduced by lawmakers during the 2010 legislative session, 32 Senate bills and 74 House bills were passed by the Legislature and sent to the governor.
Ethics reform, insurance coverage for autism, stronger regulations for adult businesses, expanded informed consent requirements for abortion, the Health Care Freedom Act, and changes to some of the state’s college scholarship programs and DWI laws were all passed by the Legislature and sent to the governor for signing into law this week.
Ethics Reform
Senate Bill 844 , sponsored by Senate President Pro Tem Charlie Shields (R-St. Joseph), creates stronger ethical standards for Missouri government. The bill allows the Missouri Ethics Commission to investigate ethics violations without an outside complaint being filed and makes it a crime to obstruct an ethics investigation.
In addition, the bill requires contributions of more than $500 to incumbent officials and their challengers during legislative session be electronically reported within 48 hours; makes clear that no statewide elected official or lawmaker may offer employment where compensation is above actual expenses to another statewide elected official or lawmaker in exchange for his or her official vote; and limits the transferring of contributions among most committees.
Autism Insurance
House Bill 1311 requires health carriers that issue or renew health benefit plans on or after Jan. 1, 2011, to provide coverage for the diagnosis and treatment of autism spectrum disorders. Likewise, the bill prohibits health carriers from refusing to cover an individual or dependent solely because the individual is diagnosed with an autism spectrum disorder.
House Bill 1311 would, however, establish coverage restrictions for autism, limiting coverage to medically necessary treatment that is ordered by the individual’s treating licensed physician or licensed psychologist, in accordance with a treatment plan. Coverage for applied behavior analysis, a common treatment method for autism, is capped at $40,000 annually through age 18.
In addition, a state Behavior Analyst Advisory Board is established under the State Committee of Psychologists within the Division of Professional Registration. The new board is charged with establishing and overseeing licensure and registration requirements for behavior analysts and assistant behavior analysts who provide therapies for children with autism spectrum disorders.
And finally, the bill requires the Missouri Department of Insurance to grant a waiver from the autism insurance standard to small business employers that have group health plans if compliance raises premium costs by a certain percentage. Employers must demonstrate (over any consecutive 12-month period) that compliance with the coverage has increased the premium costs of their health insurance policy by at least 2.5 percent over the course of a calendar year.
This measure is similar to SB 618 .
Watch a video clip of Sen. Schmitt discussing the passage of HB 1311.
Adult Business Regulations
Senate Bill 586 , sponsored by Sen. Matt Bartle (R-Lee’s Summit), strengthens regulations on sexually oriented businesses in Missouri by putting in place several time, place and manner restrictions. After Aug 28, 2010, the legislation will prohibit a person from establishing a sexually oriented business within 1,000 feet of a pre-existing school, house of worship, state-licensed day care, public library, public park, residence or other sexually oriented business. It also bars a person who has been convicted of or imprisoned for certain crimes within the last eight years from establishing an adult business.
In addition, the bill prohibits nude performances and restricts semi-nude activity within sexually oriented businesses. It also prohibits adult establishments from operating between the hours of midnight and 6 a.m., and bars anyone younger than 18 from being on the premises at any time.
Watch a video clip of Sen. Bartle discussing SB 586.
Expanded Informed Consent Requirements for Abortion
Senate Bill 793 , sponsored by Sen. Rob Mayer (R-Dexter), expands the state’s informed consent requirements for abortion. Some of the changes include, at least 24 hours prior to an abortion being performed, presenting a pregnant woman seeking an abortion with various new printed materials detailing the risks of an abortion and the physiological characteristics of an unborn child at two-week gestational increments; providing the gestational age of the unborn child at the time the abortion is to be performed; and giving the woman an opportunity to view, at least 24 hours prior to an abortion, an active ultrasound of the unborn child and hear the heartbeat.
Prior to an abortion being performed past 22 weeks, the woman must be provided information regarding the possibility of the abortion causing pain to the unborn child.
In addition to written informed consent, SB 793 requires the physician to discuss the medical assistance and counseling resources available, advise the woman of the father's liability for child support, and provide information about the Alternatives to Abortion Program.
Currently, health insurance policies are barred from providing coverage for elective abortions—except through optional riders. Senate Bill 793 extends this prohibition to policies offered through any health insurance exchanges, such as those located in the federal health care legislation. In addition, no health insurance exchange operating within Missouri may offer coverage for elective abortions through the purchase of an optional rider.
College Scholarships
Senate Bill 733 , sponsored by Sen. David Pearce (R-Warrensburg), equalizes Access Missouri scholarships for public and private universities and makes changes to Bright Flight scholarship requirements.
For the Bright Flight Scholarship Program, which is a merit-based scholarship that encourages top-ranked Missouri high school seniors to attend Missouri colleges and universities, SB 733 states that if a scholarship recipient cannot attend an approved institution because of military service, the student will still be able to receive the scholarship if he or she returns to full-time status within six months of completing military service.
In addition, the bill specifies that a student must be a Missouri resident to be eligible for a Bright Flight scholarship, and expands scholarship eligibility to those who have received a GED, or completed a homeschooling program of study, secondary coursework through Missouri’s Virtual Public School, or any other academic program that satisfies the compulsory attendance law. Senate Bill 733 also provides that all students in the top 3 percent of Missouri ACT or SAT test-takers will receive awards prior to any student in the top 4 or 5 percent receiving an award.
The bill also changes and equalizes the financial aid amounts available through the Access Missouri Financial Assistance Program, which is a need-based program designed to increase accessibility to a student’s school of choice. It maintains current aid amounts through the 2013–2014 school year, and adds new financial assistance amounts for the 2014-2015 academic year and beyond. Under the new aid amounts, a student attending a public two-year school would receive between $300 and $1,300, while a student attending a public four-year school, or an approved private school, would be eligible for an award of $2,850 maximum and $1,500 minimum.
Watch a video clip of Sen. Pearce discussing SB 733.
Health Care Freedom Act
HB 1764 , handled in the Senate by Sen. Jane Cunningham (R-Chesterfield), contains a referendum on the Health Care Freedom Act, which will be placed before Missouri voters.
The initiative is in response to the federal health care bill, and prohibits any law from forcing a patient, employer or health care provider to participate in any government or private health care system. Because of the referendum found in the measure, the bill will be sent to the Secretary of State after which it will be placed on the August 2010 ballot.
Watch a video clip from a news conference on the passage of HB 1764.
DWI Laws
House Bill 1695 , handled in the Senate by Sen. Kurt Schaefer (R-Columbia), makes several changes to the state’s laws regarding intoxication-related traffic offenses. One of the main provisions includes allowing any circuit court to establish a DWI court that would provide an alternative for certain DWI cases when the driver has a blood alcohol content (BAC) of at least .15, the person has pled guilty to or has been found guilty of one or more intoxication-related traffic offenses, or the person has two or more previous alcohol-related enforcement contacts.
In addition, HB 1695 specifies that no person who operated a motor vehicle with a BAC of .15 or more will be granted a suspended sentence. For a first offense, unless a person participates and successfully completes the requirements of a DWI court, a person who operated a motor vehicle with a BAC between .15 and .20 will be imprisoned for at least 48 hours and a person who operated a motor vehicle with a BAC of .20 or more will be imprisoned for at least five days.
House Bill 1695 also changes the minimum imprisonment from five days to 10 days for a prior offender and from 10 days to 30 days for a persistent offender to be eligible for parole or probation—unless, as a condition, the person performs a certain amount of community service or participates in a court-ordered treatment program.
The bill also specifies that any DWI offense will not be carried out in municipal court if the defendant has been convicted, found guilty, or pled guilty to two or more previous intoxication- related traffic offenses or has had two or more previous alcohol-related enforcement contacts. In addition, beginning Jan. 1, 2011, the State Highway Patrol must maintain regular accountability reports of alcohol-related arrests, charges, and dispositions based on the data submitted by law enforcement and prosecutors.
Watch a video clip of Sen. Schaefer discussing the HB 1695.
Signed by the Governor
Senate Bill 928 received the governor’s signature this week and because it contained an emergency clause, was enacted into law immediately. The bill prevents the state from charging sales tax on items that are resold to government entities, and was designed to ensure that Missouri businesses are able to remain competitive against enterprises in other states.
The Second Regular Session of the 95th Missouri General Assembly came to a close today (5/14) at 6 p.m. Other bills passed by the Legislature and sent to the governor for signing into law will be discussed in next week’s Capitol Briefing.
This legislative update is written on a regular basis. To follow these and other issues facing the Missouri Senate, visit www.senate.mo.gov. Visitors can track legislation that passes through the General Assembly, learn more about their district, or listen to and watch legislative programming. For more legislative news, please visit the Senate Newsroom . There you will find various audio and video programs and other services, such as:
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Capital Dialogue – Missourinet's Bob Priddy hosts this monthly half-hour roundtable program bringing legislators together from the Missouri Senate and House of Representatives from different political parties to discuss their positions on specific issues and legislation.
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