Jim Neely's Capitol Report

Greetings Friends!  Summer time is definitely here.  Please remember to check on your elderly neighbors and family.  Often times they do not turn their air conditioning on and these hot days can really take a toll on them.  If you work outdoors remember to drink plenty of fluids and take breaks to cool off.  Every year people die of heat related causes. Please exercise caution during this extremely hot weather.  

Legislation Signed to Continue Medicaid Funding (SB 210)

An importance piece of legislation passed during the 2015 by the Missouri General Assembly to continue billions of dollars in funding for the state’s Medicaid program was recently signed into law. The bill extends the taxes on providers such as hospitals, nursing homes and ambulances for an additional year. The tax was set to expire in September of 2015 if the legislature didn’t act. Now, with the extension, state’s Medicaid system will continue to receive approximately $3.6 billion in funding.

Protecting Missouri Taxpayers (SB 18)

Another piece of legislation signed into law recently will ensure tax fairness for Missouri businesses by ending a practice that some have referred to as notification by audit. Supporters of the change have said the state revenue department will change sales tax policies without notifying Missouri business owners. The businesses then find out after the fact when they are audited and discover they owe money in back taxes. 

To protect businesses and create a fair tax environment, legislators approved a bill that requires the Department of Revenue to post all tax policy changes on its website; and to notify businesses either by mail or email. The bill states that businesses that are not made aware of tax policy changes will not be responsible for unpaid taxes.

Municipal Court Reform Legislation Signed into Law (SB 5)

The legislature took action this year to stop municipalities generating additional revenue by excessively ticketing and fining Missouri motorists.  The governor recently signed into law the bill that limits the amount of revenue municipalities can generate from traffic tickets to 20 percent, which is a decrease from the current limit of 30 percent. The bill further limits municipalities in St. Louis County, which has been plagued by excessive traffic violations, so that only 12.5 percent of their total revenue can be derived from traffic tickets.

The bill also creates additional protections for Missourians by capping the total fines and court costs for minor traffic violations at $300, and ending the process of courts issuing failure to appear charges against defendants for missing court dates on minor traffic violations. The bill also would prevent courts from ordering jail time for minor traffic offenses. In addition, the bill includes provisions to ensure accountability from municipalities by requiring they meet minimum standards – police services, balanced budget, insurance, etc. – or possibly be dissolved. 

Protecting Victims of Sexual Abuse (SB 321)

The House and Senate took action this year to address an oversight in Missouri law that has prevented victims of rape and sexual assault from obtaining an order of protection against their assailants. Missouri’s existing law regarding orders of protection has been limited to victims of domestic violence and stalking victims. The bill recently signed into law by the governor will now allow victims of sexual assault to seek orders of protection. The legislation also expands the definition of stalking to include unwanted activity directed toward the members of the victim’s household.

Providing a Safe Environment for Young People (SB 341)

Another bill recently signed into law by the governor takes several steps to ensure young people in Missouri are raised in safe and healthy environments. 

The legislation gives the Children’s Division of the Missouri Department of Social Services authority to take action when it receives a report of a child sexually abusing another child. Specifically, it allows the division to act in cases where a child under 14 with problem sexual behavior exhibits inappropriate behavior against another child. Current law allows the division to investigate only abuse allegations against adults and other teens.

In addition, the bill allows the Office of the Child Advocate to audit any judicial circuit that has three or more review requests in a year. The change is meant to allow the office to conduct reviews to ensure that all children receive adequate protection throughout the state.

The bill also requires licensed child care centers to follow current safe sleep standards recommended by the American Academy of Pediatrics for children under the age of one; and requires all public, private, and parochial day care centers, preschools, and nursery schools to notify parents or guardians, upon request, of whether there are children at the facility with an immunization exemption.

Protecting Children from the Dangers of Liquid Nicotine (HB 531)

The governor recently signed legislation passed by the Missouri House and Senate to protect young people from dangerous liquid nicotine commonly used in e-cigarettes. The bill requires that the refillable containers for liquid nicotine be sold in child-safe packaging.  

Supporters of the bill pointed out that the increasing popularity of e-cigarettes has led to new dangers for children that occur due to contact with the liquid nicotine. They have noted cases where children have accidentally ingested the dangerous liquids that are often flavored as types of candy or fruit. A toddler in New York tragically passed away last year after drinking some of the liquid nicotine.

By putting new safety standards in place, the members of the House hope to prevent similar tragedies from occurring in Missouri. Under the bill, individuals who engage in retail sales of liquid nicotine containers in Missouri in violation of its provisions must be assessed a fine of $250 for the first violation and $500 for each subsequent violation.

Governor Vetoes Bills Approved by the General Assembly

While the governor signed many of the bill sent to him by the legislature, he also rejected a few key pieces of legislation in recent weeks.

The governor vetoed SB 224, which was approved by the House and Senate in an effort to ensure scholarship benefits through the state’s A+ Schools Program are received only by young people who are legal residents of the United States. The bill would have required a student to be a United States citizen or a permanent resident in order to receive benefits.

The governor also vetoed HB 722, which was approved by the legislature to Missourians continue to have the choice of paper or plastic bags at the grocery store.  The bill specified that all merchants, itinerant vendors, and peddlers doing business in this state must have the option to provide customers with a paper or plastic bag for any item or good purchased. The bill also made it clear that a political subdivision cannot impose any ban, fee, or tax upon the use of paper or plastic bags. In addition, the bill contained language to prohibit municipalities from mandating a “living wage” above the state minimum wage and other rules related to employee benefits.

With the governor’s vetoes, the legislature will now have the opportunity to consider an override motion when the House and Senate return for the annual Veto Session in September.