That’s a wrap! MOST policy fellows summarize Missouri policy progress
The final flurry of debates and the traditional shower of paper tossed in jubilation has finally subsided, marking the end of the Missouri Legislature’s 2021 regular session.
Dating to the months before the 101st General Assembly convened in January, policy fellows with the Missouri Science & Technology (MOST) Policy Initiative began tracking pre-filed bills and sharpening their focus on hundreds of pieces of legislation. Along the way, fellows produced dozens of science notes in response to requests from lawmakers.
MOST policy fellows have provided summaries on the legislation they tracked.
Rx drug monitoring progress.
Several high-priority pieces of health-related legislation were sent to Gov. Mike Parson’s desk during the last week of session. Notably, the passage of SB 63, sponsored by Sen. Holly Rehder, starts the process of creating a statewide prescription drug monitoring program, making Missouri the final state in the country to establish such a program.
In addition, SB 51 will shield businesses and healthcare providers from liability for exposures to COVID-19, unless willful misconduct can be demonstrated. This legislation, introduced by Sen. Tony Luetkemeyer, was a stated priority for the governor and contains an emergency clause, so it will take effect as soon as it is signed into law.
As with legislation in other areas, many bills that had been heard in committee earlier in the year were added on as amendments to large omnibus bills dealing broadly with health policy. HB 271, which changes several laws regarding local government, places limits on the ability of local public health authorities to enact orders that place restrictions on businesses, churches, schools, or other private gatherings. This provision has been discussed often in the context of restrictions enacted during the COVID-19 pandemic.
Mental health parity required.
HB 604, an insurance bill, will enact mental health parity in health insurance. HB 432, which deals broadly with the “protection of vulnerable persons,” contains amendments that establish an Alzheimer’s State Plan Task Force, prohibit insurers from restricting access to antipsychotic medications, and require insurers to cover hearing aids for children. One provision of HB 273 allows pharmacists to dispense postexposure prophylactic medication for HIV.
A provision of SB 53, a public safety bill, lessens the severity of criminal penalties for knowingly exposing someone to communicable diseases. SB 57 creates a Critical Incident Stress Management Program to help peace officers cope with traumatic events experienced in their work.
However, some high-profile health-related legislation did not make it across the finish line this session. Perhaps most conspicuously, the General Assembly failed to extend the sunset on Federal Reimbursement Allowances, a crucial program for funding Medicaid in the state. In addition, SB 403, a health omnibus bill which would have created the Kratom Consumer Protection Act, remove geographic proximity requirements for advanced practice registered nurses, create transparency requirements for pharmacy benefits managers, and establish a medical preceptorship tax credit did not get a final vote.
Josh Mueller, PhD | Health and mental health policy fellow
josh@mostpolicyinitiative.org
Protecting farmers from biosecurity risks.
Two important agricultural bills will be heading to the Governor’s desk for signature this year and they include three major themes: farm inspections, prescribed burns, and feral swine.
The first bill, HB574, will prohibit the inspection of certain grounds or facilities in Missouri to enforce the laws of a state other than Missouri and was sponsored by Rep. Kent Haden (R-Mexico). The sponsor, a retired veterinarian, wants to protect farmers and ranchers from biosecurity risks.
The bill specifies that the sole authority for the inspection of agricultural facilities will be deferred to the state Department of Agriculture, the U.S. Department of Agriculture, county sheriff’s departments, and “any other federal or Missouri state agency with statutory or regulatory authority.” For more information on this, visit our science note on the bill.
Prescribed burns and feral swine.
HB369 was the second agriculture bill passed during the legislative session. The bill originally included only legislation on defining liability for prescribed burns in Missouri. The perfected version of the bill, which is sponsored by freshman Rep. Tim Taylor (R-Bunceton), includes the creation of the Prescribed Burning Act, as well as other conservation and outdoor resources topics.
The Prescribed Burn Act defines liability for prescribed burns, but also allows landowners and burn-managers to purchase liability insurance if they want to. Read more about Prescribed Burns in our science note.
This legislation, which is referred to as the Landowner Protection Rights Bill, also includes an increase in penalties for individuals who are found to release feral swine. The provision of a higher penalty (charged as felony for each swine released), was introduced as a way to impose higher penalties to those who release these destructive species due to the damage to agricultural production and Missouri natural habitat that they cause.
The feral swine legislation was introduced in another bill (HB508) by Rep. Don Rone, R-Portageville, and was added as an amendment to the Prescribed Burn Bill. For more information on feral swine in the U.S. and Missouri, see our science note pertaining to feral swine.
Eleni Bickell, PhD | Agriculture and conservation policy fellow
eleni@mostpolicyinitiative.org
Foster care and adoptive services.
A few bills filed in the scope of children, families, and seniors are on their way to the governor’s desk. Speaker Rob Vescovo indicated at the beginning of the legislative session that assisting children in foster care or adoptive services was a high priority. Rep. Hannah Kelly’s two tax credit bills (HBs 429 and 430) for individuals who adopt or foster children were signed by the governor at the end of April. Additionally, HB 430 includes an amendment to increase the tax credit for individuals who donate to domestic violence shelters.
Rep. Kelly’s “Birth Match Program” bill (HB 432) was also truly agreed upon and finally passed. This bill requires the Department of Social Services (DSS) to provide services to children born to individuals convicted of previous crimes against children (i.e., abuse, neglect, sexual assault, or murder) in the last 10 years. This bill had several amendments relating to the protection of vulnerable individuals such as establishing the Alzheimer’s Task Force, childcare benefits and facility regulations, Farm to Food Bank Program, and many others.
Childcare residential facilities.
Rep. Rudy Veit and Rep. Keri Ingle’s co-sponsored bill (HB 557) establishes provisions for regulating childcare residential facilities that are affiliated with religion. This billed was pre-filed after the Kansas City Star uncovered years of undocumented abuse at several childcare facilities in Missouri.
This bill adds a process by which an “exempt-from-licensure residential care facility,” as defined in the bill, is required to notify the DSS of their existence and compliance with provisions that protect the safety of the children in residence. Additionally, employees of these facilities must complete a background check.
Numerous bills were filed this session related to period poverty and lack of access to appropriate feminine hygiene products in prisons and schools. While debated on the house floor a couple of times, all but one bill failed adoption. Rep. Bruce DeGroot added HB 318 as a house amendment to SB 53, which modifies provisions related to administration of justice, to provide inmates access to feminine hygiene products.
Lastly, Sen. Bill White’s bill relating to military affairs (SB 120) was truly agreed and finally passed. This act modifies provisions relating to military affairs, including state designations, hiring preferences and classifications for state employment, state agency services, school designations, military protections for motor vehicle insurance, and qualified military projects in the Missouri Works Program.
Jill Barnas, PhD | Children, families, and seniors policy fellow
jill@mostpolicyinitiative.org
Elementary and secondary education.
The major education bill was HB 349 (Rep. Christofanelli), which establishes Empowerment Scholarship Accounts (ESAs) in Missouri. ESAs are tax-credit funded scholarship programs for qualified students who choose not to enroll in their district public school. ESA recipients can apply scholarship funds toward educational programs (e.g., private schools, homeschool) and services (e.g., tutoring, textbooks). During the negotiation process, several changes were made to the original bill text, including:
- Defining “qualified students” as state residents who reside in any county with a charter form of government or any city with at least 30,000 inhabitants;
- Giving priority to students with individualized education plans (IEPs) or students with families that have a household income under two times the income standard used to determine free and reduced lunch;
- Requiring state appropriations for at least 40 percent of the estimated student transportation costs before program initiation;
- Allowing public school districts to continue counting students who transfer with an ESA as part of their attendance used to calculate state funding (five-year limit).
During the last week of session, Rep. Christofanelli added an amendment to SB 86, which made additional changes to the ESA structure. The most significant change is lowering the starting tax credit cap to $25 million (from $50 million) and not letting the increases — based on inflation — exceed a total cap of $50 million.
Higher education.
HB 297, the higher education omnibus, was passed on the last day of session. This bill designates statewide missions for several Missouri universities, established the Student’s Right to Know Act, and will allow college athletes to be paid for their likeness. The most contentious part of this bill was the provision which would remove tuition caps at Missouri’s public institutions of higher education.
One of the major drivers of this effort, which was strongly supported by the University of Missouri system, is to allow schools to institute differential tuition based on degree program.
Workforce development.
HB 273 was the major professional registration bill sent to the governor’s desk during this year’s legislative session. We also saw bills passed related to occupational license reciprocity for military members (HB 476), the Missouri Works program (SB 2), and workers’ compensation (SB 303).
The bipartisan House bill (HB 1083), which would have forgiven any repayments due to federal and state overpayments of unemployment insurance, was not truly agreed and finally passed before both chambers adjourned on Friday.
Brittany Whitley, PhD | Education and workforce policy fellow
brittany@mostpolicyinitiative.org
