Senator Ron Richard’s Legislative Column for the Week of July 4

Richard Column

More Legislation Signed into Law as Governor’s Deadline Approaches

Legislative News

The governor now has one week remaining to either sign, veto or allow legislation passed during the 2016 session to lapse into law without his signature. The deadline for the governor to sign legislation is Thursday, July 14. The following bills have received the governor’s signature and will take effect on Aug. 28, unless they contain an emergency clause.

Health Care

On Tuesday, I was disappointed to learn the governor had vetoed Senate Bill 608, which allows Medicaid providers to charge a missed appointment fee to MO HealthNet participants that must be paid before another appointment can be scheduled with that provider. The fee can be charged for missed appointments or for failing to cancel an appointment within 24 hours prior to the appointment. The permissible fees are as follows: no charge for the first missed appointment in a three-year period, $5 for the second, $10 for the third and $20 for the fourth and each subsequent missed appointment in a three-year period. Fees are waived in cases of inclement weather. The measure also creates an $8 co-pay fee for the use of a hospital emergency department in a non-emergency situation. While the governor’s veto of SB 608 is a setback in the fight to reduce welfare spending, which currently consume one-third of our state budget, I am hopeful we will be able to override the veto in September.

Senate Bill 635 modifies numerous provisions relating to health care in Missouri, including: vaccinations, dyslexia screening and support, CPR curriculum, the investment of funds by municipal hospitals, medical helipad fences, background checks for certain health care providers, emergency supplies of medication and prescription eye drops, and insurance coverage for occupational therapy services, among others. It also creates the Missouri Palliative Care and Quality of Life Interdisciplinary Council, the Palliative Care Consumer and Professional Information and Education Program, a physical therapist compact and a new nursing licensure compact.

Another health care measure passed by the Legislature this year will make it easier and likely cheaper for you to obtain your maintenance medication. Among other provisions, Senate Bill 973 allows pharmacists, upon your request, to use their judgment to fill your maintenance medication up to a 90-day supply.

House Bill 1682 establishes the Medical Practice Freedom Act so that state licensure requirements for physicians, chiropractors, optometrists and dentists must be granted based on demonstrated skill and academic competence and not conditioned upon participation in a health insurance plan, public health care system, public service initiatives or emergency room coverage.

Also relating to health care are:

  • Senate Bill 865, modifying various provisions regarding palliative care, the Board of Pharmacy, pharmacists, health insurance and pharmacy benefit managers;
  • Senate Bill 988, modifying several provisions relating to health care providers, including alternative stroke center designations, certificates of need and background checks for ambulance district employees, contractors and volunteers, among others; and
  • House Bill 1816, modifying provisions relating to health care professionals and prescription refills.

Jobs and Economic Development

Senate Bill 861 is an omnibus economic development bill that creates the Advanced Industrial Manufacturing Zones Act, the Bring Jobs Home Act, a transportation facilities tax incentive and the Missouri Public-Private Partnerships Transportation Act. It also provides that all demolition costs in St. Louis County associated with the redevelopment of the old Chrysler plant are an allowable cost for tax credits so long as the redevelopment will create at least 250 new jobs or retain at least 300 jobs.

This session the Legislature passed House Bill 1698, establishing the “Meet in Missouri Act” to provide grants to attract major conventions to the Show-Me State. If signed into law, the act will allow eligible local convention commissions to submit major convention plans to the Department of Economic Development. With HB 1698, our communities will be better positioned to directly compete with other states for the opportunity to bring large national conventions to Missouri.

Also relating to jobs and economic development are:

  • Senate Bill 919, modifying various provisions relating to intoxicating liquor, including microbreweries, coolers, growlers and festival permits for out-of-state manufacturers, among others; and
  • House Bill 2376, modifying provisions of law relating to construction management and design-build contracts.

Miscellaneous

House Bill 1599 establishes procedures for an adopted person to obtain a copy of his or her original birth certificate. The applicant must have been born in Missouri, be at least 18 years of age and provide appropriate proof of identification to the state registrar. The measure also creates a contact preference form and medical history form to be completed by a birth parent and attached to the original birth certificate of the adopted person. Additionally, HB 1599 allows for a parent’s right to privacy if they do not wish to be contacted by their biological child.

House Bill 1851 designates specific counties along the Missouri River that were greatly influenced by early German settlers as the German Heritage Corridor of Missouri. The measure is meant to recognize and celebrate the thousands upon thousands of Missourians of German descent as well as increase tourism to Missouri communities that have retained a culturally rich German heritage to this day.

The governor has also signed the following measures into law:

Public Safety and the Judicial System

Senate Bill 921 modifies requirements for the reporting of crimes and domestic incidents by law enforcement agencies. It requires the governing board of each public institution of higher education in Missouri to engage in discussions with law enforcement agencies and to enter into a memorandum of understanding concerning sexual assault, domestic violence and stalking involving students on and off campus. The measure also addresses compensable mental health services for victims of crime and adds victims of sexual offenses and domestic assault to the list of crime victims who automatically have certain enumerated rights. Finally, SB 921 designates the month of February as Teen Dating Violence Awareness Month in Missouri.

House Bill 1550 specifies that every child custody judgment must include a written statement notifying the parties that if a provision of the judgment is violated, the injured party may file a family access motion.

Tragically, 15 children have already died this year after being left in hot cars. In an effort to prevent any more children from needlessly suffering the same fate, Missouri lawmakers passed House Bill 1649 to establish the Rescue the Forgotten law. Specifically, the measure provides immunity from civil liability for any individual who forcibly enters a motor vehicle for the purpose of removing a child who is trapped.

Taxes

Currently, military members who also are Missouri residents are taxed more if they are stationed in Missouri than they are if they are stationed out of state. Under Senate Bill 814, after Jan. 1, 2016, any income earned as compensation for being a member of the active duty component of the armed forces may be deducted from the service members’ Missouri adjusted gross income (AGI) to determine their Missouri taxable income. If filing a combined return with a spouse, active duty income may be deducted from their Missouri combined AGI to determine their Missouri taxable income.

House Bill 2381 specifies that any real property that is available for mining but has not been bonded or permitted for such mining activity shall be assessed according to how the real property is currently being used. It also prohibits any information provided to a county assessor or other public entity administering tax policies that is by law declared to be confidential from being disclosed.

The following tax-related measures have also been signed into law:

  • Senate Bill 794, creating a sales tax exemption for all sales, rentals, parts and repairs of durable medical equipment as well as for certain types of health care equipment;
  • Senate Bill 823, modifying provisions relating to sales tax.
  • House Bill 1434, establishing additional rules and procedures for certain counties’ tax increment financing commission;
  • House Bill 1435, modifying current provisions regarding sales tax refund claims;
  • House Bill 1561, changing the laws regarding the distribution of sales taxes among certain areas of St. Louis County; and
  • House Bill 1582, changing the laws regarding the withholding tax filing requirements for certain small businesses and electronic filing of form W-2.

 Transportation and Motor Vehicles

House Bill 1418 changes the laws regarding audits of transportation development districts, while House Bill 2380 allows owners of personal motor vehicles and owners of commercial motor vehicles licensed in excess of 12,000 pounds to apply for special personalized license plates.

Contact Me

I always appreciate hearing your comments, opinions and concerns. Please feel free to contact me in Jefferson City at (573) 751-2173. You may write to me at Senator Ron Richard, Missouri Senate, State Capitol, 201 W. Capitol Ave., Rm. 326, Jefferson City, MO 65101; e-mail me at ron.richard@senate.mo.gov or visit me on the Web at www.senate.mo.gov/richard.