(Missourinet) – The state legislature will again consider whether to offer a tax incentive to out-of-state businesses to relocate to Missouri.

Representative John McCaherty (R-High Ridge) has filed again for 2016 his proposal to offer businesses a tax deduction equal to up to half the expense of eliminating a business outside the state and moving it into Missouri. The business would have to stay in Missouri for at least ten years or pay back that deduction.

He tells Missourinet he thinks there are many businesses that would come to Missouri if his tax incentive proposal passes, and those would bring a lot of jobs.

“Probably more than we know,” said McCaherty. “I know just AT&T, Sprint, just the telephone companies alone, there’s thousands of jobs there that have left the state over the years. Of course there’s other industries too, so you’re talking about utilities and any type of thing that uses service companies to where they can take a branch of their business and move it somewhere else.”

McCaherty believes there is a lot of support for his proposal.

This year it cleared the House and passed out of a Senate committee.

Jefferson City, Mo. – Attorney General Chris Koster announces that the state of Missouri reached an agreement in principle to settle kickback claims against Novartis Pharmaceuticals Corporation. The settlement will resolve allegations that Novartis provided kickbacks to certain specialty pharmacies in exchange for recommending the drug Exjade to Medicaid and Medicare patients. Under the settlement, Novartis has agreed to pay $390 million to the United States and more than 40 states. Missouri will receive approximately $1.7 million under the settlement.

In addition, two of the specialty pharmacies named as defendants in the case, BioScrip, Inc. and Accredo Health Group, Inc., have already agreed to pay $15 million and $60 million, respectively, to resolve claims that they accepted kickbacks from Novartis to promote Exjade. Missouri’s share of those settlements is approximately $54,000 and $289,000, respectively.

Novartis, which is headquartered in East Hanover, New Jersey, is a subsidiary of the Swiss pharmaceutical company Novartis AG. In late 2005, Exjade was approved by the U.S. Food and Drug Administration (“FDA”) for the treatment of chronic iron overload due to blood transfusions. After launching the drug, Novartis marketed Exjade as a treatment for patients with a number of underlying conditions that affect blood cells or bone marrow, including beta-thalassemia, sickle cell disease, and myelodysplastic syndromes.

The settlement resolves allegations that between 2007 and 2012 Novartis paid kickbacks to three specialty pharmacies – BioScrip, Accredo, and US Bioservices. The pharmacies were selected by Novartis to be part of a closed distribution network through which most Exjade prescriptions in the United States were filled. Novartis created the distribution network, which it called EPASS, and therefore had significant control over how many patient referrals each pharmacy received. The pharmacies shipped most Exjade prescriptions to patients by mail and were supposed to call patients to set up the shipments and obtain consent for refills. The pharmacies billed themselves as specialty pharmacies that could arrange for these shipments and run educational programs for patients.

In court filings, the government alleged that Novartis paid kickbacks to the pharmacies to corrupt the pharmacies’ interactions with patients by inducing the pharmacies to exaggerate the dangers of not taking Exjade, emphasize Exjade’s benefits, and downplay the severity of Exjade’s side effects. The scheme began after Exjade failed to meet Novartis’ internal sales goals and Novartis discovered that refill rates for Exjade were lower than anticipated.

In the course of the scheme, Novartis pressured the specialty pharmacies by threatening to exclude them from the EPASS network or to reduce the number of patient referrals they received from EPASS. In addition, Novartis set up a contest in which the pharmacy that kept patients on Exjade the longest would receive additional patient referrals from EPASS. The contest winner was determined by scorecards created by Novartis that were sent to each of the three pharmacies. Novartis also paid rebates to the specialty pharmacies, which made each patient referral valuable and incentivized the specialty pharmacies to encourage patients to stay on Exjade. The contest and the rebates were not disclosed to Exjade patients or their caregivers.
“Pharmaceutical companies necessarily have strict guidelines they must follow in marketing their drugs,” Koster said. “Novartis clearly crossed the line by using incentives and threats for pharmacies to increase sales of one of its drugs.”

(Missourinet) – Dozens of cattle producers met Wednesday in Sedalia to talk about a proposed $1-per-head state beef checkoff. That would be in addition to the $1-dollar-per-head national beef checkoff, which pays for promotion, research, and marketing of the beef industry.

A checkoff program has to be approved by producers – then collects money from them that is spent to increase demand through research, education and promotion.

Frank Jones raises cattle in northeast Missouri’s Schuyler County. He said he doesn’t trust the checkoff system.

“It is a corrupt system and I’m thinking if it is allowed to go forward, the vote will be corrupted too, and if allowed to go into place the system will be also corrupt,” said Jones.

The Missouri Beef Industry Council has petitioned for a referendum on the checkoff. If that vote takes place, it would likely be in March with registration beginning in January.

Rhonda Perry raises cattle in central Missouri’s Howard County and heads the Missouri Rural Crisis Center. She doesn’t like that producers must provide three years of sales data to register to vote.

“There are also a number of issues related to the Department of Agriculture in terms of their lack of transparency,” said Perry. “They have declined to hold a public rule making process to get input from producers about what the rules of this referendum process will be.”

Missouri Agriculture Director Richard Fordyce says he hasn’t decided whether to proceed with a referendum, but says he’s going by the book.

“We’ve had multiple discussions at the Department and included the Attorney General’s Office to look at current statute,” said Fordyce. “We have existing statute that’s been around a long time and then some new language that was passed by the General Assembly in this last session. We feel very strongly that we are complying directly with statute.”

If that vote takes place it would likely be in March with registration beginning in January.

(Missourinet) – Senator Will Kraus (R-Lee’s Summit) is again proposing that Missouri voters be required to show a photo ID. He said 16 people have pled guilty or been convicted of voter fraud in Missouri in the last ten years.

“That shows a history of people trying to cheat the system,” said Kraus. “You need an ID to buy tobacco or a library card but yet you don’t need an ID to prove who you are to vote for our elected officials.”

ACLU Executive Director Jeffrey Mittman said such a law would create barriers for poor, elderly, disabled or student voters.

“These bills, quite frankly, are not about voter fraud. These bills are about disenfranchisement,” said Mittman. “These bills are a cynical effort to put barriers in the ways of those that legislators believe don’t support their viewpoint.”

Kraus disagrees and said a provisional ballot with a signature matching the voter’s signature at the polls could count.

“I think the people that are being disenfranchised are the voters whose vote is diminished because someone is cheating the system,” said Kraus. “I don’t believe this disenfranchises anyone.”

Mittman said the bill is undemocratic and un-American.

“People don’t need to be checked up on as citizens to have artificial barriers placed in the way of their fundamental right to participate in the democratic process,” said Mittman.

A previous Missouri voter photo ID law was ruled unconstitutional, so Republicans are proposing a ballot initiative that would ask voters to change the Constitution to allow for voter photo ID along with a bill that would create the structure for voter photo ID if the initiative passes.

(Missourinet) – A bill that nearly passed this year, to have mental health service dogs recognized in the same way as other service dogs, has been filed again for 2016.

Representative Chrissy Sommer (R-St. Charles) proposes that dogs who assist people with mental health issues be treated the same as those who assist people with physical issues. Such dogs help people who suffer from things like seizures, anxiety, and post-traumatic stress syndrome, as veterans often face.

“Just seeing the veterans coming back I see different veterans that suffer from injuries such as brain injuries, PTSD, and just trying to help them as well as other individuals,” said Sommer.

Such dogs are already recognized by the United States Department of Housing and Urban Development, the Americans with Disabilities Act, and the Federal Aviation Administration. No one testified against it in a House committee.

The bill passed out of the House and was ready for the Senate Floor when this year’s session ended.

“Sometimes you just run out of time even though it was a great idea,” said Sommer.

The bill has the backing of the National Alliance on Mental Illness, the National Association of Social Workers, and the Missouri Association for Social Welfare.

Her bill is HB 1428.

(Missourinet) – The World Trade Organization says Canada and Mexico have been authorized impose retaliatory tariffs on American imports from the U.S.’s country of origin labelling law. The group says the law creates an unfair advantage for domestic meat.

Senator Roy Blunt (R-Missouri) said Senators need to stop dragging their feet and repeal the law.

“We need to get this done before these tariffs are put in place,” said Blunt. “Maybe it’s going to take the process for somebody to actually lay them down on a piece of paper in front of my colleagues and say this is going to happen to our ability to compete if we don’t eliminate this country of origin obstacle.”

American farmers and exporters could face $1 billion in tariffs if Congress fails to repeal the law.

According to the USDA, food products covered by the law include muscle cut and ground meats: beef, veal, pork, lamb, goat, and chicken; wild and farm-raised fish and shellfish; fresh and frozen fruits and vegetables; peanuts, pecans, and macadamia nuts; and ginseng. The labeling regulations began in 2009.

“How people thought about it when they voted for it doesn’t matter right now,” said Blunt. “What matters is that we continue to be competitive in the world economy with agriculture products.”

The House has already passed a bill repealing the law. Democrat William Lacy Clay is the only member of Missouri’s congressional delegation who voted against the measure.

(Missourinet) – The 2016 legislative session could be tense at times in the Senate from the aftermath of Republicans forcing a vote on a right to work bill. The proposal would have prevented workers from having to pay union dues as a requirement for employment. Democrat Leader Joe Keaveny said some Democrats are still upset with Republicans.

“I’ve got some that are still pretty energized and I’ve got some that would like to move on. I would like to see us work our way through this,” said Keaveny. “People didn’t elect us up there not to get anything done. That’s what I’m going to present to my caucus.”

During the last week of the regular session, Senate Democrats stalled for several hours a vote on the bill before Republican leadership used a motion called a “previous question.” The motion forces a vote on the measure. Such a move is considered an insult in a chamber where all members expect to be allowed to speak as long as they like. After that vote, Democrats blocked debate on all but one bill before the end of the session.

If a right to work proposal makes it to the Senate floor again next year, Keaveny said the issue could stir up attitudes.

If it comes up, I think we’ll talk about it for a long time,” said Keaveny. “I think that if the majority party were to call the previous question on it, I’m not sure that the results change. Now bear in mind, we still have a Democratic Governor.”

Keaveny said Senate Democrats meet in January to decide on their approach for the 2016 legislative session. The new session begins on January 6.

(Missourinet) – The discovery of another deer infected with a disease deadly to the species could lead to more special enforcement in the state, near where it was killed.

Franklin County is the fourth county in Missouri from which a deer has tested positive for chronic wasting disease. Previous positive results led to special CWD management zones encompassing 19 counties including and around the prior three counties – Macon, Adair and Cole.
Conservation Department deer biologist Jason Sumners says a similar effort could be launched in-and-around Franklin County.

“We will ramp up our testing in Franklin County and neighboring counties. We will be looking at regulations changes that are similar to what we have put into place or are proposing putting into place in a number of other places,” Sumners told Missourinet.

Hunters in CWD management zones are told not to use deer attractants or to move carcasses or meat out of those zones. The Department during hunting seasons has also lifted antler point restrictions or made available more permits to hunt antlerless deer in those areas to fight the prevalence of the disease.

CWD is a degenerative brain disease not known to be a danger to humans, but it is thought to be a threat to Missouri’s deer industry of more than 1-billion dollars.

All Missourians are encouraged to report sick deer.

(Missourinet) – At least one state representative is proposing new limits on gun rights, while other lawmakers want to expand them. Legislation will be offered next year by Rep. Stacey Newman (D-St. Louis) that would allow law enforcement or family members to temporarily take away guns from those showing signs of hurting themselves or others.

“The situation that happened with the Santa Barbara shooting, the parents tried desperately out of town to notify law enforcement that their son was heavily armed and was also acting very erratic. They considered him dangerous and yet there was nothing law enforcement could do,” said Newman.

She offered such legislation this year but it didn’t make it out of committee. Newman said the gun lobby has increased their efforts in the Legislature.

“We’ve got to have a way to intervene when at least family members are in danger.” said Newman. “We’ve got to concentrate on saving lives.”
Newman is also proposing legislation that would require federal background checks on those buying guns online and at gun shows.

“Not just Missourians, but Americans are just fed up,” said Newman. We are not safe anywhere and mostly it’s because you don’t know who is armed or what they’re going to do. At least let’s do background checks. At least keep the guns out of the hands of those who should not have them.

She also offered such a bill this year but it didn’t leave committee.

“There is no background check on buying your gun on the internet. You can buy whatever you want, as much as you want, as much ammunition as you want and there are no questions asked,” said Newman.

Meanwhile, Senators Bob Dixon (R-Springfield) and Brian Munzlinger (R-Williamstown) are offering in 2016 bills that would allow people to carry concealed weapons on Missouri’s college campuses.

“After the Oregon shooting, which was ironically a gun-free zone, I asked myself the question if gun-free zones work, then why did I do all this work on the criminal code? We could just put up crime-free zone signs. The truth of the matter is they don’t. They actually are just a sign to criminals that students are sitting ducks,” said Dixon. “I think the one thing that we all have as a common concern, at least those I know in higher education, is the safety of the students. I guarantee you there’s people carrying on campus right now.”
Dixon’s and Munzlinger’s bills would exempt colleges that have metal detectors at every building entrance and armed guards on campus.