Sen. Jay Wasson’s Legislative Column for the Week of Feb. 13, 2017

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Advancing the Show-Me State Through Technology

The Senate considered a number of measures this week that aim to advance the Show-Me State in various ways through the use of enhanced technology. One of those is Senate Bill 348, which I presented to the Senate Economic Development Committee on Tuesday. Currently, there are several provisions in state law that allow the secretary of state’s office to collect an additional $5 fee on filing fees relating to business organizations, commercial transactions, trademarks, names and private emblems. Those fees are then credited to the state’s technology trust fund, which allows the secretary of state’s office to upgrade their technology systems without having to use general revenue dollars.

Today, businesses in Missouri can access online filing services through the secretary of state’s office 24 hours a day, seven days a week; however, this was not always the case. It was because of the dedicated funds generated by the $5 fee that the secretary of state’s office has been able to upgrade its technology over the years. This has allowed the state to provide businesses with the type of convenient, accessible filing services they have come to expect. Senate Bill 348 extends the sunset provisions on collecting the $5 fee to Dec. 31, 2025, ensuring those who utilize the secretary of state’s online filing services are the ones who pay for it.

Also on Tuesday, the Senate approved legislation I filed to more effectively serve Missouri’s 430,000 licensed professionals by bringing our professional licensure system into the 21st Century. Senate Bill 125 will allow licensed professionals to fulfill many of their licensure-related requirements online, including: applying for licensure or renewing a license, paying fees, requesting extensions for completing continuing education requirements and notifying their license-granting board or commission of any name or address changes, among other items. In addition, employers will be able to verify licenses, and the public will be able to report any problems they may have with a licensed professional.

Both chambers of the Legislature are also considering legislation to establish a prescription drug monitoring program (PDMP) here in Missouri. Senate Bills 314 and 340 seek to establish the Narcotics Control Act, which directs the Department of Health and Senior Services (DHSS) to implement a statewide prescription drug monitoring program for the prescribing and dispensing of all Schedule II, III and IV controlled substances in Missouri. A dispenser shall electronically submit to the DHSS specific information for each prescribed Schedule II, III and IV controlled substance dispensed.

Missouri is the only state that has yet to implement a PDMP; all 49 remaining states and Washington D.C. have implemented PDMPs. While it is easy to see how establishing a PDMP would be beneficial to our state, it is far from a cut-and-dried issue. Many of my Senate colleagues and I have legitimate concerns about an individual’s right to privacy. Since the data used in these programs is stored electronically, there is always the chance that a security breach could occur and sensitive medical information would be exposed. At the end of the day, we must ensure any PDMP utilized by the state has adequate safeguards in place to protect our citizens’ personal medical information and their right to privacy.

Members of the General Assembly are also weighing their options on REAL ID, another issue relating to technology and privacy concerns. Congress passed the REAL ID Act of 2005 in response to the 9/11 Commission’s recommendation that the federal government set minimum standards for state-issued driver’s licenses and ID cards. The Act requires states to scan and retain source documentation of Missouri citizens. Citing privacy concerns, many states, including Missouri, chose not to comply with the law. In 2009, the Legislature passed a bill to ban the Department of Revenue (DOR) from complying with the Act.

While our state-issued licenses are no longer considered a valid form of ID for accessing nuclear power plants and certain federal facilities, federal courthouses located in Missouri are still accepting them. On Jan. 22, 2018, DHS will implement the next phase of the Act, which requires passengers to present a REAL ID-compliant license before they are allowed to board domestic flights. If a passenger does not have a valid form of ID, they can show an alternative form of acceptable ID, such as a U.S. passport.

With the next major deadline less than a year away, my colleagues and I are working hard to find a balanced solution. Senate Bills 37 and 244 would allow the DOR to issue REAL ID-compliant driver’s licenses and IDs; however, rather than forcing Missourians to get a compliant ID, this legislation would give citizens the option of choosing if they want a compliant ID. I will continue to update you on this issue as session moves forward.

For more detailed information about the REAL ID Act, you may visit the DHS website at www.dhs.gov or view the phased enforcement plan by clicking here.

If you have any questions or comments regarding your state government, please feel free to contact me at (573) 751-1503. You are also welcome to e-mail me at jay.wasson@senate.mo.gov.