General Column – Week of June 16, 2008
Anti-Meth Bill Signed into Law
Mortgage Fraud Now a Criminal and Civil Offense in Missouri
Jefferson City — Missouri will have some of the toughest anti-methamphetamine laws in the nation, military families moving to Missouri will have an easier transition, and mortgage fraud is now a state crime after the governor signed these bills and several more into law during the last two weeks.
With the governor’s signature on SB 724, sponsored by Sen. Delbert Scott (R-Lowry City), individuals will be less likely to be able to purchase large amounts of products that contain pseudoephedrine (a key ingredient in meth) because of an upgrade to an electronic, real-time log that pharmacies must use to record pseudoephedrine purchases. Currently, pharmacies are required to maintain a paper log. The new law also requires that the photo identification that must currently be provided to the pharmacist be issued by a state or the federal government, and that the ID be provided prior to purchase.
Another major component of the bill allows advanced practice registered nurses who are certified to prescribe medication to dispense controlled substances in schedules III, IV, and V while operating under a collaborative practice agreement.
Also signed into law was SB 718, sponsored by Sen. Harry Kennedy (D-St. Louis). The economic development measure increases the annual cap on the amount of tax credits for the Enhanced Enterprise Zone Program from $14 million to $24 million. It also increases the fiscal year cap for economic development tax credits through the Neighborhood Assistance Program from $4 million to $6 million. Additionally, the new law expands the Quality Jobs Act by increasing the annual cap on the Quality Jobs Tax Credit Program from $40 million to $60 million and extending the program through August 2013.
An omnibus utilities bill, SB 720, is now a new law. The measure, sponsored by Sen. Maida Coleman (D-St. Louis), requires manufacturers of computers to implement recovery plans for the collection and recycling or reuse of their obsolete equipment; creates a hot-weather rule by prohibiting utility companies from shutting off service to past-due customers on days when the temperature is forecasted to rise above 95 degrees or the heat index above 105 degrees; allows Aquila, Inc., to keep the power plant it constructed in Cass County without having obtained prior local clearances; and increases the maximum amount, from $600 to $800 per year, which may be paid from the Utilicare Stabilization Fund to heating or cooling providers on behalf of eligible households.
Also added to the list of Missouri statutes is a law that will benefit military families. Service men and women are often asked to move their families with little notice. House Bill 1678 makes this transition a little easier for military families moving to Missouri. For example, HB 1678 exempts military dependents that have completed qualified pre-kindergarten or kindergarten programs in another state from meeting the Aug. 1 deadline and age requirements for entering kindergarten or first grade. Military spouses who are employed as teachers and have relocated to Missouri within the last year will be issued a provisional teacher's certificate prior to the completion of a background check if they already hold a teacher's certificate in another state that requires a background check to achieve certification. The new law also allows the spouse or children of a soldier killed in action after Sept. 11, 2001, or who became 80 percent disabled as the result of an injury sustained in combat action after that date, to be eligible for educational grants for tuition at public or private colleges or universities in Missouri.
Mortgage fraud is now a crime in Missouri after the governor signed HB 2188. Currently, the FBI is the only entity able to prosecute offenders. Mortgage fraud often includes illegally inflating property appraisals, concealing a second mortgage from a primary lender, or concealing a borrower’s identity. The legislation makes it a Class C felony to use any device or scheme to defraud; to make an untrue statement or omit information; to receive any portion of the purchase, sale or loan proceeds in connection with a real estate arrangement involving fraud; and to influence appraisals in certain circumstances. The bill also creates additional penalties for real estate professionals who commit the crime of mortgage fraud.
Disabled veterans doing business as Missouri companies will be given a preference in all state purchasing contracts under HB 1313, which was signed into law on June 13. For veterans to receive the advantage, the quality of work must be equal or better and the price the same or less as competing bidders.
This column is written bi-monthly during the interim. To follow these and other issues facing the Missouri Senate, visit www.senate.mo.gov. Visitors can research legislation, learn more about their Senate district, or watch video or listen to audio highlights of the Second Regular Session of the 94th Missouri General Assembly.
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