May 25, 2013

Governor signs ten bills into law, vetoes one

Gov. Jay Nixon today signed four bills passed by the General Assembly and vetoed another. The Governor’s press office sent out a release detailing the measures signed into law.

Senate Bill 59, which provides additional protection to consumers who have insurance claims on policies issued by companies that become insolvent;

Senate Bill 234, which strengthens licensure requirements for marital and family therapists in Missouri;

Senate Bill 235, which streamlines reporting requirements for certain financial institutions; and

Senate Bill 237, which would increase competition among companies providing local telephone service.

Senate Bill 80, which allows the Department of Health and Senior Services to use electronic means to notify nursing home administrators of license renewal. Current law requires that the notification be done by mail.

Senate Bill 191, which allows the Public Service Commission to produce its publications in electronic format. The current list of publication methods includes only pamphlets or books.

Senate Bill 287, which is intended to help lower the overhead costs for mid-sized businesses in Missouri that self-insure through captive insurance companies, and to encourage more captive insurance companies to locate in the state.

Senate Bill 306, which expands the inspection authority of the State Board of Pharmacy to include testing of pharmaceutical inventory, in an effort to prevent unsafe and ineffective medications from being administered to Missouri patients.

Senate Bill 324, which modifies the regulation of the sale of travel insurance.

Senate Bill 376, which clarifies the ability of hospital districts to allow any higher education institution to use hospital facilities to offer education or training.

In addition, Nixon today vetoed Senate Bill 60. In his veto message for Senate Bill 60, the Governor cites drafting issues with the bill and said the bill is duplicative of House Bill 133, which has been passed by the General Assembly but not yet presented to the Governor.

“House Bill No. 133 will provide the opportunity to enact this legislation after presentment is made in accordance with the Missouri Constitution,” the letter states.

These were the final bills passed by the General Assembly that required the Governor to act by today. The Governor has until July 14 to sign, veto, or allow to become law without his signature any other bills that have been, or will be, delivered to the Governor from this regular session.

Initiative petitions now online

Secretary of State Jason Kander today announced that his office has made the initiative petition process more transparent and accessible to Missourians, his office says in a press release.

Kander’s office will use the Secretary of State’s website to post initiative petitions submitted to his office. Kander’s plan also includes a five-day comment period for the public, elected officials, and interested stakeholders to provide observations for his office to consider when drafting the summary language for ballot questions.

“It is essential that Missourians’ voices are heard during the initiative petition process, which is why I have opened it up to the public,” Kander said. “My office will always draft fair, easy-to-understand ballot summary language. Making the process more transparent and accessible is part of that effort.”

Before this action, Missourians had no formal public comment period. Unless they submitted a sunshine request, Missourians could not see the petitions submitted to the Secretary of State’s office until after the ballot language was drafted.

Now, the office will post all submitted initiative petitions after the form of the petition is approved. The five-day public comment period will then open for Missourians to offer their observations on the submitted proposal via phone, email or mail. The office has 10 days after the form of the petition is approved to draft the ballot summary language, during which the office will review all comments.

Go here for more: http://www.sos.mo.gov/elections/2014petitions/14init_pet.asp

Funeral home ordered to pay restitution for pre-need funeral contracts

Attorney General Chris Koster has obtained a judgment against Buescher Memorial Home, Inc., Barbara J. Buescher, and Barbara Buescher d/b/a Buescher Memorial Home that prohibits Buescher and the business from entering into any preneed funeral contracts and requires them to pay $29,500 in costs and penalties, Koster’s office says in a press release.

Since the Attorney General’s Office filed its lawsuit in November 2009, the defendants have paid $283,378.66 in restitution to compensate 60 consumers who had purchased preneed contracts with the defendants, Koster’s office reports. On the remaining five preneed contracts, the judgment requires that the defendants transfer any remaining preneed accounts within 30 days to a licensed preneed seller or provider or to the purchaser’s next of kin or estate.

“Missouri law requires that the money paid for a preneed contract be put into a trust account or joint account to ensure that it is available when it is needed, and we will continue to enforce this requirement whenever necessary,” Koster says. “I am glad that my office has finally been able to resolve this matter and ensure that all consumers who purchased these contracts will be able to benefit from them.”

The judgment found that the defendants did not place preneed funeral contract funds in a trust account or joint account, as required by the Missouri Preneed Funeral Contract Act.  The judgment also found that this conduct constituted an unfair practice under the Merchandising Practices Act. 

The defendants are also required to pay $24,500 to the Missouri Merchandising Practices Revolving Fund and $5,000 in civil penalties to the state within 30 days. Once paid, the remaining counts against the defendants will be dismissed.

The judgment resolves the Attorney General’s lawsuit that alleged that Buescher and the business falsely promised consumers that their preneed funeral contract money would be placed in a trust account or joint account, as required by the Preneed Law, when in fact it was not.

To file a complaint against Buescher Memorial Home, Inc., Barbara J. Buescher, and Barbara Buescher d/b/a Buescher Memorial Home, contact the Attorney General’s Consumer Hotline at 1-800-392-8222 or online at www.ago.mo.gov.

Beaches close at Grand Glaize and Watkins Mill

Watkins Mill State Park and Lake of the Ozarks State Park’s Grand Glaize swimming beaches are closed due to water quality issues according to the Missouri Department of Natural Resources.

Results received today showed continued water quality issues at Watkins Mill State Park beach,” the department said in a press release. “Staff at Lake of the Ozarks State Park closed Grand Glaize Beach today when results showed that one of the two water samples taken at the beach failed to meet Missouri State Parks standards. Both beaches are scheduled to close for the recreational season after the Labor Day holiday weekend. Therefore, no additional water samples will be collected from the beaches and they will remain closed for the season. Public Beach #1 at Lake of the Ozarks State Park remains open until Sept. 4.”

The water at all designated beaches in the state park system is sampled weekly during the recreational season by the Missouri Department of Natural Resources to determine suitability for swimming. Water quality can be determined to be unsuitable for swimming based on either the single sample taken earlier in the week, or by the geometric mean, which is a mathematical value that takes into consideration results from the current week plus the results taken during the previous weeks. Both beaches closed this week had single samples in excess of the standard. The beach at Watkins Mill State Park also exceeds the geometric mean, which is a mathematical value that takes into consideration results from the current week plus the results taken during the previous weeks.

Higher bacteria levels are often associated with heavy rains that result in runoff from adjacent lands. However, there are a number of possibilities that can contribute to higher bacteria, and chances are no single source is the cause. The sample test results indicate a snap shot of the water quality taken at the beaches at a specific time; however, a single sample does not provide an overall sense of the water quality in the lake where the beach is located.

The beaches at two parks, Lewis and Clark State Park in Buchanan County and Trail of Tears State Park, Cape Girardeau County, remain closed for maintenance unrelated to water quality. Visit mostateparks.com for additional information.

Missouri Foundation for Health awards $5.1M in grants to six nonprofits

Six nonprofits in central Missouri have received grants totaling $384,712  from  Missouri Foundation for Health. Grant funding supports nonprofit organizations that work to improve the health of thousands of Missourians. The local grants are part of a $5.1 million round of funding recently approved by the foundation’s Board of Directors. 

­The grants come through the foundation’s Basic Support program, which funds operational expenses for health-related nonprofits’ existing salaries, benefits, equipment and supplies.  Organizations marked with an asterisk (*) are first-time Basic Support grant recipients.  Two-year grants were awarded to:

American Red Cross Heart of Missouri Chapter, Jefferson City, $75,000.  With funding, the central Missouri organization continues to offer education on life-saving skills, prevention of disease and injury, and healthy lifestyles.

* Columbia Center for Urban Agriculture, Columbia, $53,312.  Funding helps the central Missouri organization educate people about the nutritional benefits of fresh produce, and teach them
to grow food for local consumption.

HomeCare of Mid-Missouri, Moberly, $75,000.  The central Missouri organization is using funding to offer home health care, respite care, hospice and related services to elderly and disabled individuals and their families.

* Mexico Senior Center Inc., Mexico, $31,400.  The central Missouri organization is using funding to provide nutrition services, meals and medical transportation for seniors.

National Alliance on Mental Illness (NAMI) of Missouri, Jefferson City, $75,000.  With funding, the central Missouri organization offers mental health education for care providers, and support group services for individuals and families dealing with mental illness.

Rainbow House Emergency Shelter, Columbia, $75,000.  The central Missouri organization is using funding to offer crisis support services for young victims of physical and sexual abuse.

The Foundation says since its founding in 2000, it has provided more than $460 million in grants and awards to organizations in 84 Missouri counties and the City of St. Louis.