Legislation aimed at decreasing regulation of Missouri businesses has been approved by the General Assembly.
Representative Shamed Dogan (photo; Tim Bommel, Missouri House Communications – click for larger version)
The state House voted Tuesday for the final passage of House Bill 1500, which started off as a bill to ease regulations of hair braiders, but added to it is language that will make the state think twice about imposing regulations on new professions.
In order to charge for braiding someone’s hair in Missouri a person must undergo 1,500 hours of training to obtain a cosmetology license. The sponsor of HB 1500, Ballwin Republican Shamed Dogan, said that training does not cover hair braiding. Dogan said that’s overly burdensome on people who often learn braiding as a practice handed down by family through generations.
Critics of an earlier version of HB 1500 said they were concerned hair braiders whose training was not extensive enough could pose health risks, including that they would not be able to recognize diseases involving the scalp and could spread those conditions.
HB 1500 now requires that a hair braider watch a four-hour video on health and safety. House Democrat Leader Gail McCann Beatty (D-Kansas City) said she would have liked more hours to be required, but is glad that is a requirement and not optional, as it was under an earlier version of the bill.
The Senate added to House Bill 1500 the language of House Bill 1928, sponsored by Yukon Republican Robert Ross, which aims to discourage unnecessary state regulation of businesses. The bill also lays out what considerations must be made before a regulation is imposed.
Representative Robert Ross (photo; Tim Bommel, Missouri House Communications – click for larger version)
The Missouri House has voted to give judges more flexibility in sentencing by easing Missouri’s mandatory minimum sentencing laws.
Representative Cody Smith (photo; Tim Bommel, Missouri House Communications – click for larger version)
House Bill 1739 would allow judges to issue sentences below those minimums except in crimes that involved the use, attempted use, or threat of physical force, or certain non-consensual sex crimes against a minor. A case would have to have a “substantial and compelling” reason the minimum sentence would be unjust to the defendant or would not be needed to protect the public. The House voted Tuesday to send that legislation to the state Senate.
Carthage Representative Cody Smith (R) sponsors the bill. He said Missouri is on course to need two new prisons that would cost the state more than $485-million over the next five years.
Meanwhile, Smith said, other states where mandatory minimum sentencing laws have been eased have seen crime rates decline rather than increase.
He said nothing about HB 1739, which he calls the “Justice Safety Valve Act,” prevents a judge from handing down a sentence that follows those minimum sentencing laws.
Representative Bruce Franks, Junior (photo; Tim Bommel, Missouri House Communications – click for larger version)
Support for Smith’s bill came from both sides of the aisle, with several lawmakers including Representative Bruce Franks, Junior, (D-St. Louis) saying it is a reversal on what they called a “failed” war on drugs.
Legislative projections are that HB 1739 would save the state more than $3-million a year by the time it is fully implemented in Fiscal Year 2023, by decreasing the number of people incarcerated in state prisons. That does not account for what the state would save if it does not have to build and maintain those two new prisons.
The House voted 148-0 to send the proposal to the state Senate.
The Missouri House has voted to bar the state and its local governments from entering into contracts with companies that are participating in a movement to boycott Israel.
House Speaker Todd Richardson (photo; Tim Bommel, Missouri House Communications – click for larger version)
St. Louis Democrat Bruce Franks, Junior, said many Missourians won’t like that the bill would discourage companies from boycotting Israel even if those companies’ leaders hold strong or personal beliefs about that country’s policies.
Some Democrats argue HB 2179 would be unconstitutional, saying it would infringe on free speech. St. Louis representative Peter Merideth (D) said the ruling by the Kansas Supreme Court regarding a similar law in that state proves that point.
House Speaker Pro Tem Elijah Haahr (photo; Tim Bommel, Missouri House Communications – click for larger version)
Speaker Richardson said the bill does not infringe on anyone’s right to free speech or on a corporation’s ability to boycott Israel, and said the Kansas ruling has no bearing on HB 2179 because what it proposes would not extend to individually-owned operations. Kansas’ law did extend to sole proprietorships and was challenged by one such entity.
Missouri House budget leaders are preparing to confer with their counterparts in the state Senate about the two chambers’ respective budget proposals.
House Budget Committee Chairman Scott Fitzpatrick (left) fields questions from reporters as House Speaker Todd Richardson (R-Poplar Bluff) listens. (photo; Tim Bommel, Missouri House Communications – click for larger version)
The House last month passed the 13 bills that make up the proposed state budget for the fiscal year that begins July 1. Its plan laid out more than $28-billion in spending. The Senate spent the last month going over that plan and making changes to it, and this week endorsed its own proposal totaling more than $28.6-billion. Now the two chambers will have to work out an agreement between the two versions that can be sent to the governor by May 11.
Of the more than $570-million dollar difference between the two chambers’ spending plans, roughly $261-million comes from the Senate proposing spending in the Fiscal Year 2019 budget that the House plan would address in a supplemental budget early in calendar year 2019, when better data would be available on how much must be spent in some cases.
As far as the various components of the budget, Fitzpatrick said the greatest difference between the two chambers’ proposals in terms of dollars is in what each would spend on K-12 education. Full funding for the K-12 education formula in Fiscal Year 2019 would be about $99-million. The House proposed that, while the Senate took the position found in the governor’s budget proposal of spending $48-million.
The top Democrat on the House Budget Committee, Representative Kip Kendrick (Columbia), said the Senate’s proposal for K-12 education funding is concerning and House members would work to maintain its position on that.
One issue that has already been settled is that of higher education funding and limiting tuition increases at all but one of the state’s publicly-supported colleges and universities.
The House chose to restore $68-million to higher education support that the governor proposed cutting, but only if institutions agreed not to increase tuition by more than one-percent in fiscal year ’19. Those institutions agreed except for Missouri Southern in Joplin, which House members agreed is in a financial situation dire enough that they were allowed to opt out. The Senate proposal has upheld that plan.
Kendrick is also glad to see that plan preserved but has some concern with the Senate breaking out funding for special initiatives at colleges and universities, which typically go toward projects including construction and expansion. The House had rolled the money for those items into the core allocation for institutions.
Representative Kip Kendrick is the ranking Democrat on the House Budget Committee. (photo; Tim Bommel, Missouri House Communications – click for larger version)
Kendrick is also concerned about more than $4-million that the Senate proposed moving out of funding for treatment courts in Missouri – those are drug courts, mental health courts, and veterans courts.
Kendrick wants to see the House work to hold its position on the support for treatment courts.
Other differences between the House and Senate spending proposals that either Fitzpatrick or Kendrick highlighted concern funding in the social services budget for nursing homes; whether state-appropriated money can be used for DUI checkpoints; funding for autism services; and increases in state employee pay, including a Senate proposal to boost pay specifically for corrections officers – a proposal Fitzpatrick said the House would try to find a way to concur with.
Fitzpatrick will begin next week meeting with his Senate counterpart, Senator Dan Brown (R-Rolla), and each chamber will begin selecting members for committees that will meet to negotiate compromises on each of the 13 budget bills.
The Missouri House is one vote away from proposing that Missouri legalize the medical use of marijuana by people suffering from certain terminal or debilitating conditions.
Representative Jim Neely (photo; Tim Bommel, Missouri House Communications – click for larger version)
House Bill 1554 would expand on a law passed in 2014 that allows the use of a cannabis extract, cannabidiol (CBD) oil, to treat intractable epilepsy. If HB 1554 became law, a patient suffering from conditions including cancer, HIV, Parkinson’s disease, multiple sclerosis, and post-traumatic stress disorder could use medical marijuana if a doctor signs a statement saying he or she could benefit from its use and that all options approved by the Food and Drug Administration have been considered.
House members including Travis Fitzwater (R-Holts Summit) spoke about loved ones that might benefit from the legislation, such as his mother and sister who have multiple sclerosis.
Fitzwater said their neurologist, who he knows and trust, has said they should have the option of using marijuana for pain treatment.
Representative Gina Mitten (photo; Tim Bommel, Missouri House Communications – click for larger version)
Representative Gina Mitten (D-St. Louis) said a colleague of hers who is a practicing attorney must break her oath to uphold the law by using marijuana to treat her epilepsy, rather than use the prescription drugs that caused her to have a psychotic episode among other side effects.
Pacific Republican Paul Curtman sponsored adding PTSD to the legislation. He described what he knows some of his fellow comrades in the Marine corps faced, and said leaving this issue facing veterans out of the bill would be a “travesty.”
He spoke about a fellow Marine from Missouri whose experience overseas included having to routinely wash the blood of friends out of the back of a Humvee. Curtman said the man was prescribed by the Veterans’ Administration drugs that had numerous side effects. For a time he used marijuana and that worked for him, but he was arrested and forced to return to the drugs prescribed by the VA.
Under the bill the Missouri Department of Health and Senior Services would issue medical cannabis registration cards to approved patients, or to parents in the cases of minor parents. The bill would only allow the use of smokeless forms of marijuana. HB 1554 also lays out how marijuana could be legally cultivated by licensed growers under the supervision of the Department of Agriculture.
Another favorable vote would send the legislation to the Senate. Two years ago the House rejected a bill that would have asked voters whether to legalize the limited, medical use of marijuana.
The Missouri House has approved a bill that backers say will save Missourians money on prescription drugs.
Representative Lynn Morris (photo; Tim Bommel, Missouri House Communications – click for larger version)
The sponsor of House Bill 1542, Representative Lynn Morris (R-Nixa), has been working at his pharmacy since 1977. He said what many don’t know is that pharmacy benefits managers have pharmacists sign agreements that prevent them from telling customers when a drug’s out-of-pocket cost is less than the copay on their insurance plans, unless the customer asks about it. Morris said that almost never happens because customers assume the cost through their insurance plans or networks will be the cheapest to them.
HB 1542 would eliminate those agreements, which Morris called, “gag orders.”
Representative Tracy McCreery (photo; Tim Bommel, Missouri House Communications – click for larger version)
The bill was broadly supported, having been sent to the Senate on a 138-7 vote. Representative Tracy McCreery (D-St. Louis) said there should be nothing keeping pharmacists from being up front with customers.
Morris said pharmacists agree to these “gag orders” as part of the contracts they sign with those managers. Without signing such a contract a pharmacist cannot participate in the insurance programs handled by that manager. He said that’s an issue for any pharmacist, but it’s especially critical for rural pharmacists, for whom the loss of any part of a customer base could mean closing the business.
Other provisions in HB 1542 would bar benefits managers from charging what Morris called “clawback” fees, or any fees related to a claim that has not been disclosed up front. It would also prohibit benefits managers from keeping pharmacists from making statements to government officials or committees.
HB 1542 has been sent to the Senate. Morris said similar legislation has been passed in other states or is pending.
An increased focus on issues concerning foster care in Missouri has resulted in a bill containing 11 different reforms meant to make life better for children who are in, and who leave, that care.
Representative Jim Neely chairs the House Special Committee to Improve the Care and Well-Being of Young People and sponsors HCB 11, a comprehensive foster care reform bill. (photo; Tim Bommel, Missouri House Communications – click for larger version)
Neely, a doctor, said improving the lives of children has been his priority since a young girl who’d been abused came into his office about ten years ago.
Neely said some of the things HCB 11 would change in Missouri law are “quick” or “simple” fixes that could have significant impacts, especially in situations in which foster children have been described as, “falling through the cracks.”
HCB 11 includes language that would update background checks on foster families so that the Children’s Division would know immediately if a foster parent is charged with a crime that would disqualify him or her from being a foster parent. Current law only allows checks every two years.
Representative Sonya Anderson (photo; Tim Bommel, Missouri House Communications – click for larger version)
HCB 11 would also expand assessment and treatment services for children in foster care. It would require such services for all children in foster care – currently it is required only for those under the age of ten – and would require that those services be completed in accordance with the American Academy of Pediatrics’ periodicity schedule. Currently children are screened every two years.
The original sponsor of that language is Representative Lauren Arthur (D-Kansas City), who said it would ensure that children in foster care receive more appropriate care, and the comprehensive screenings will in turn save the state money by catching medical conditions earlier and aiding in preventative care.
Representative Lauren Arthur (photo; Tim Bommel, Missouri House Communications – click for larger version)
Current law prevents Missouri Social Services workers from investigating reports of abuse of Missouri children in foster care if the abuse doesn’t occur in Missouri, and prevents them from communicating with counterparts in other states about abuse or potential abuse. Christofanelli said his bill would remove those barriers and fix what he called a, “bureaucratic technicality.”
Some lawmakers expressed concerns with the portion of the bill because other states might release information about abuse claims – particularly unsubstantiated claims – that Missouri would not release. They expressed a desire to see that concern addressed before the bill could become law.
The House is prepared to vote on whether to send HCB 11 to the Senate. The bill is broadly supported, including by Columbia Democrat Martha Stevens, who sits on the Special Committee to Improve the Care and Well-Being of Young People.
– Allow more time for a case management plan to be developed for a child entering foster care (found in House Bill 1637 sponsored by Representative Neely)
– Allow foster children aged 16 years and older to open a checking or savings account with the consent of the Children’s Division or juvenile court, giving them the ability to cash paychecks and better access to jobs (found in House Bill 1715 sponsored by Representative Don Phillips, R-Kimberling City)
– Make closed under law any records regarding placement of children into foster care or kinship placements, and specify who can access those records and when (found in House Bill 1966 sponsored by Representative Robert Cornejo, R-St. Peters)
– Allow a child who is homeless or in the custody of the Children’s Division, but the whereabouts of his or her immunization records is unknown, to be enrolled in school for up to 30 days while efforts are made to find those records, and if needed, another 30 days after that for the child to get caught up on immunizations (found in House Bill 2139 sponsored by Representative Lynn Morris, R-Nixa)
– Define when juvenile courts have jurisdiction over a child under 21, streamlining situations in which a child is in a safe situation but juvenile court involvement is interfering with the family (found in House Bill 1728 sponsored by Representative Bill Lant, R-Pineville)
– Create the “Trauma-Informed Care for Children and Families Board” to encourage cooperation between agencies that deal with children and utilize trauma-informed treatment programs (found in House Bill 2217 sponsored by Representative Cora Faith Walker, D-Ferguson)
Missouri’s House Speaker said he doesn’t want to constrain the committee he created to investigate allegations against the state’s governor.
House Speaker Todd Richardson (image center) takes questions from reporters following the House’s adjournment on Thursday, 04/19/2018. (photo; Tim Bommel, Missouri House Communications – click for larger version)
A St. Louis grand jury in February indicted Governor Eric Greitens (R) for felony invasion of privacy. He is accused of taking, without consent, an intimate photo of a woman with whom he had an affair in 2015. A circuit judge in St. Louis today declined Greitens’ request to dismiss that case.
Earlier this week Missouri Attorney General Josh Hawley (R) said he has enough evidence for a felony charge against Greitens for violating campaign laws. Hawley said Greitens took a list of those who donated to his charity for military veterans, The Mission Continues, and transferred it to his political campaign to use in fundraising efforts.
The developments concerning Greitens this week have some calling for the House to take action concerning him now, but Richardson said the chamber will stick to the plan he announced last week. Preparations are continuing for the House to call itself into special session in case more time is needed for its members to review the recommendations of the Special Investigative Committee on Oversight, when those recommendations are ready.
As for the decision today by Judge Rex Burlison to allow the invasion of privacy case against Greitens to continue, Richardson said it has no bearing on what the House does and it never would have.
Minority Leader Gail McCann Beatty and Representative Gina Mitten, who is the ranking Democrat on the House Special Investigative Committee on Oversight, answer questions from reporters after the House adjourned on Thursday, 04-19-2018. (photo; Tim Bommel, Missouri House Communications – click for larger version)
Richardson and other members of House Republican leadership said this week they believe Greitens should resign. The President Pro Tem of the Missouri Senate, Ron Richard (R), said this week he also believes Greitens should resign, and if he does not, Richard believes he should be impeached and that effort should begin now.
Richardson said he believes he and the Senate president remain committed to the same process.
The leader of the House Democrats, Gail McCann Beatty (D-Kansas City), said she thinks Speaker Richardson is handling the situation with caution, but she is anxious to see the chamber take further action regarding Greitens.
The state House has again voted for a measure aimed at increasing women’s access to birth control while saving the state money.
Representative Shamed Dogan (photo; Tim Bommel, Missouri House Communications – click for larger version)
House Bill 1499 would let health care providers use a long-acting reversible contraceptive (LARC) for a patient other than the one to whom it was initially prescribed.
When a woman in Missouri chooses to have a LARC implanted her doctor must order that device and the woman must return for another office visit to have it implanted. If the woman changes her mind before the second visit and doesn’t want the device, Missouri law doesn’t allow it to be used for another patient. It must be returned to its manufacturer and often it is destroyed.
The sponsor of HB 1499, Representative Shamed Dogan (R-Ballwin), said because Medicaid pays for those devices, the passage of his bill would save the state money.
Dogan said in Fiscal Year 2017 about 1,800 LARCs were “abandoned” by patients in Missouri. About 1,000 of those could have been used for other patients and that would’ve saved Missouri about $220-thousand.
The proposal has been sent to the Senate 133-10. Last year it was passed as an amendment to other legislation, but was not passed in the Senate.
The Missouri House has voted to take more steps toward fighting opioid addiction, with more such efforts likely to come from the chamber before the session ends in May.
Representative Keith Frederick (photo; Tim Bommel, Missouri House Communications – click for larger version)
House Bill 2105 has been sent to the state Senate for consideration. The bill has a number of provisions. Sponsor Keith Frederick (R-Rolla) said the overarching idea behind the bill is to see a shift in the response to opioid addiction from law enforcement and incarceration to treatment availability.
Frederick said the main provision of HB 2105 would create the “Improved Access to Treatment for Opioid Addictions” Program (IATOA). It would use assistant physicians – a position created by legislation passed in 2014 – to work in a collaborative way with licensed doctors to provide addiction treatment throughout the state.
Those assistant physicians will be supported by the ECHO program (Extension for Community Healthcare Options) – a program that uses videoconferencing to connect experts with providers statewide to help providers offer specialized care. Frederick said a module has been created for ECHO that focuses on opioid addiction treatment.
Frederick said this program would be among the first of its kind in the nation, and other states are already taking note of it and considering how to create their own.
Another of HB 2105’s main provisions would limit to a seven-day supply the amount of an opioid drug that could be prescribed to someone for acute pain. Frederick said this is meant to keep people from becoming addicted while not limiting such drugs to those who rely on them for long-term pain management.
Representative Jay Barnes (photo; Tim Bommel, Missouri House Communications – click for larger version)
The bill would also create the Prescription Abuse Registry – a registry a person could voluntarily add himself or herself to – for individuals who have struggled with addiction. The registry would do no more than notify doctors who choose to check it that those on the list have had a substance abuse problem. That language was added by Representative Jay Barnes (R-Jefferson City).
A person could petition to be removed from the list five years after adding her or his name to it.
Other provisions in HB 2105 would create a drug take-back program for disposal of unused prescriptions; and bar the Department of Corrections from preventing offenders from receiving medication-assisted treatment for substance abuse or dependence.
The bill would also discontinue patient satisfaction scores of doctors, to the extent allowed by federal law. Frederick said this is to keep doctors from being giving low scores by patients with addiction issues to whom they refused to prescribe opioids. Such false, punitive low scoring can hurt doctors’ reputations, and hurt them financially.
The House voted 128-4 to send HB 2105 to the Senate. Representative Frederick is also handling HCB 15 which will also contain multiple provisions aimed at fighting opioid abuse. That legislation could be coming out of the committee process and ready for debate in the full House in the next few weeks.
