Capitol Briefing

Week of Feb. 21, 2011

Senate Moves Several Measures to the
House of Representatives for Consideration

Teacher Compensation and Voter ID Among Bills
Delivered to the House

JEFFERSON CITY— Lawmakers returned to Jefferson City this week prepared to address various measures regarding teacher compensation, voter ID, and extending legislative term limits.

On Monday (2-21), the Senate Financial and Governmental Organizations and Elections Committee considered legislation that would increase term limits for members of the General Assembly from eight years to 12 years in each chamber.  Senate Joint Resolution 12, sponsored by Sen. Timothy Green, D-Spanish Lake, is a constitutional amendment that, if approved by voters, would increase the total number of years that a person may serve in both the Senate and the House from 16 to 24 years.  The amendment would take effect Jan. 1, 2022, and would count any service prior to that date in calculating the term limits.

On Nov. 3, 1992, Missouri voters approved an amendment to the state constitution limiting the years a legislator may serve in the General Assembly.  Prior to this provision, Missouri had no legislative term limits.  Currently, individuals elected to the Legislature can serve a maximum of eight years in the Missouri House of Representatives and eight years in the Missouri Senate.  In 2002, voters amended the term limit provisions to allow those elected officials filling seats vacated after a term’s midpoint the opportunity to subsequently run for up to four complete two-year House terms and/or up to two complete four-year Senate terms.

Monday evening, the Senate Judiciary and Civil and Criminal Jurisprudence Committee listened to testimony on a measure regarding the probation or conditional release of certain sexual assault offenders.  Senate Bill 250, sponsored by Sen. Mike Kehoe, R-Jefferson City, would require these offenders to complete all treatment, education and rehabilitation programs provided by the Department of Corrections before they can be eligible for probation or conditional release. 

Before lawmakers convened for session on Tuesday (2-22), the Senate Health, Mental Health, Seniors and Families Committee met to consider several measures, including Senate Bill 38, sponsored by Sen. Robin Wright-Jones, D-St. Louis.  Her legislation would create two Prostate Cancer Pilot Programs in the Department of Health and Senior Services, one in the St. Louis area and the other in either Pemiscot, New Madrid or Dunklin counties.  The program, open to uninsured or economically challenged men who are older than 50 and uninsured or economically challenged men between 35 and 50 who are at high risk for prostate cancer, would provide cancer screening, referral services, treatment, outreach and educational activities. 

In addition, the department would have to report to the governor and the General Assembly the number of individuals screened and treated by the program, as well as any cost savings resulting from the early treatment of prostate cancer.  Senate Bill 38 was later approved by committee members and is now scheduled by the full Senate for debate.

On the Senate floor, lawmakers began their debate on Senate Bill 13, sponsored by Sen. David Pearce, R-Warrensburg.  The legislation would require the Joint Committee on Education to oversee a task force on teacher compensation and effectiveness.  The task force would be charged with considering options and making recommendations to the General Assembly in the following areas: educator evaluations, which must include and consider the academic growth of their students; opportunities for educators to improve their effectiveness; and the sharing of effective practices with other educators throughout Missouri.

Task force members would include various members of the Joint Committee on Education and certain education, administration and human resource professionals. A final report would have to be submitted by the task force by Dec. 31, 2011, to the General Assembly and the President of the State Board of Education.  The bill received first-round approval from the Senate on Tuesday, and ultimately garnered the Senate’s final vote later in the week, sending it to the House of Representatives for similar consideration.

Click here to listen to and watch Sen. Pearce on the Senate floor discuss Senate Bill 13.

The Senate Small Business, Insurance and Industry Committee heard testimony on two bills pertaining to minimum and prevailing wage.  Senate Bill 110, sponsored by Sen. Jason Crowell, R-Cape Girardeau, would, upon voter approval, prevent the Missouri minimum wage from exceeding the federal minimum wage.

Senate Bill 176, sponsored by Sen. Brian Munzlinger, R-Williamstown, would make changes to Missouri’s prevailing wage law.  Established by the U.S. Department of Labor and Industries for each trade and occupation in the area of public works, prevailing wage includes the hourly wage, usual benefits and overtime paid to the majority of workers, laborers and mechanics in a particular area.  Currently, when an area determines the prevailing wage for an occupation, it may contain two or more counties adjacent to the one in which the work is performed.  This act, among other provisions, would allow the county in which the work is performed to be used as a basis for determining the prevailing wage.

Tuesday afternoon in the Senate General Laws Committee, panel members considered testimony on legislation that would change provisions relating to abortions in regards to viability.  Senate Bill 65, sponsored by Senate Leader Robert N. Mayer, R-Dexter, would amend the definition of “viability” to mean the state of fetal development when it is the physician’s judgment, according to accepted obstetrical or neonatal medical standards of care and practice, that there is a reasonable likelihood that the life of the unborn child can still be sustained outside the mother with or without artificial support.

In addition, the legislation would, with exception of a medical emergency, require the physician to determine the gestational age of the unborn child before an abortion is performed.  If the doctor determines the baby is 20 weeks or more, the child would be deemed viable and therefore, the physician would not perform or induce an abortion unless it is necessary to preserve the life of the woman.

If the unborn child has reached the gestational age of 20 weeks or more and is not deemed viable, then the physician must report such findings and reasons for such determinations to the State Board of Registration for the Healing Arts and the health care facility in which the abortion is performed.  The doctor would also have to include the findings in the patient’s medical records and in the individual abortion report submitted to the Department of Health and Senior Services. 

Penalties for violating the provisions of this bill would include a Class C felony, and physicians who plead guilty to or are convicted of performing or inducing an abortion in violation of this act would be subject to having his or her license to practice medicine in Missouri suspended for three years.  Any hospital or ambulatory surgical center violating this act would be subject to suspension or revocation of its license.

The Senate General Laws Committee also considered Senate Bill 242, sponsored by Sen. Jane Cunningham, R-Chesterfield.  Her legislation would allow a student to enroll in an adjoining school district if his or her residence is located closer to a school in the adjoining district or in a case when the student has a “transportation hardship,” including a natural or unsafe barrier not limited to a lake, river, lagoon, or having to cross a multi-lane highway.

In the Senate Transportation Committee on Wednesday (2-23), lawmakers heard testimony on a measure designed to strengthen state law protecting workers who respond to emergencies or incidents on or around a highway.  Senate Bill 260, sponsored by Sen. Jay Wasson, R-Nixa, would require a person to pay an additional $35 fine on top of any other fine authorized by law if they are convicted of a first moving violation or traffic offense within an active emergency zone.  A second or subsequent offense would result in a $75 fine.

Moving violations in an active emergency zone include exceeding the posted speed limit by 15 mph or more; passing another vehicle; failing to stop for a flagman, an emergency responder, or a traffic control signal; driving through, or around, an active emergency zone using any lane not designated for motorists; physically assaulting, threatening, or attempting to assault an emergency responder with a motor vehicle or other instrument; intentionally striking or moving barrels, barriers, signs or other devices in an emergency zone unless the person is trying to avoid an obstacle, emergency, or protecting the health and safety of another person.

In addition, the legislation would make it a Class C misdemeanor to pass another vehicle in an active emergency zone, and those who plead guilty to or are convicted of a speeding or passing violation would be assessed a fine of $250 in addition to any other fine authorized by law.  A second or subsequent speeding or passing violation would result in a $300 fine.

Click here to listen to and watch Sen. Wasson in committee discuss Senate Bill 260.

The Senate Jobs, Economic Development and Local Government Committee considered several measures regarding red light cameras and automated traffic enforcement systems.  Senate Bill 16, sponsored by Sen. Jim Lembke, R-St. Louis, would prohibit counties, cities, towns, villages, municipalities and state agencies from using automated photo red light enforcement systems to enforce red light violations.

Click here to listen to and watch Sen. Lembke in committee discuss Senate Bill 16.

Senate Bill 73, sponsored by Sen. Will Kraus, R-Lee’s Summit, would require any fine collected for a violation detected by an automatic traffic enforcement system, including automated speed enforcement systems, to go to the local school district where the motor vehicle violation occurred.

In the Senate Small Business, Insurance and Industry Committee, members listened to testimony on a measure designed to allow the state to continue to receive extended federal unemployment benefit funds.  House Bill 163 would change Missouri’s laws regarding unemployment compensation in order for the state to receive federal funds and remove the 10-year time limit obligation under a financial agreement that allows compensation funds to continue.  The members later voted the bill out of committee, sending it to the full Senate for debate.

The Senate Governmental Accountability Committee also considered measures regarding immigration laws and reducing the number of representatives serving in the House.  Senate Bill 72, sponsored by Sen. Kraus, would require the Missouri Attorney General, upon voter approval, to sue the federal government to enforce federal immigration laws.  The legislation would also require the attorney general to take such action when he determines that the federal government is not enforcing federal immigration laws or when directed by the Missouri governor, General Assembly, or voters.

Senate Joint Resolution 10, sponsored by Sen. Lembke, is a proposed constitutional amendment that, if approved by voters, would reduce the number of seats in the Missouri House of Representatives from 163 to 103, starting with the 102nd General Assembly, which would convene in the year 2023.

During floor debate on Wednesday, lawmakers debated legislation that would change the state’s laws regarding nuisances against agricultural operations, including property used for farming, agriculture, crop or animal production purposes.  Senate Bill 187, sponsored by Sen. Brad Lager, R-Savannah, would, among other provisions:

• Add Buchanan, Andrew and Livingston counties to the list of counties that may enact nuisance abatement ordinances regarding the condition of real property.
• Change the penalties for junkyard screening violations by making the first violation a Class C misdemeanor and a second or subsequent violation a Class A misdemeanor.  Violators would be ordered to remove the junk or build a fence to screen the junk from the public.
• Specify what types of damages may be awarded for a permanent nuisance (compensatory damages would be measured by the reduction in the fair market value of the property) and a temporary nuisance (damages are measured by the decrease in the fair rental value of the property).

Before the Senate gave its initial approval to the bill, lawmakers approved two amendments, one sponsored by Sen. Rob Schaaf, R-St. Joseph, that would give certain counties the authority to enact nuisance abatement ordinances, and another sponsored by Senator Minority Floor Leader Victor Callahan, D-Independence, that would require a copy of the final judgment in an action alleging a private nuisance case to be filed with the respective county’s recorder of deeds.

Click here to listen to the “Senate Minute” for Thursday, Feb. 24, which features debate on Senate Bill 187.

Thursday (2-24) was an active day for lawmakers on the Senate floor as they gave their approval to several measures, sending them to the House for similar consideration:

• Senate Bill 33, sponsored by Sen. Bill Stouffer, R-Napton, would repeal a provision of Missouri law that requires the Department of Transportation to submit to binding arbitration in negligence actions.
• Another bill sponsored by Sen. Stouffer, Senate Bill 58, would change various provisions relating to the regulation of household goods movers.
• Senate Bill 71, sponsored by Sen. Mike Parson, R-Bolivar, would eliminate a requirement that banks, savings institutions and credit unions file a certain notice with the Missouri Real Estate Appraisers Commission.
• Senate Bill 108, sponsored by Sen. Eric Schmitt, R-Glendale, would extend the expiration date concerning the installation of fire sprinklers in certain homes to Dec. 31, 2019.
  Click here to listen to and watch Sen. Schmitt on the Senate floor discuss Senate Bill 108.
• Senate Joint Resolution 2, sponsored by Sen. Stouffer, would, upon voter approval, require a voter to show a valid, government-issued photo ID at the polls.
  Click here to listen to the Feb. 22 edition of “Senate Minute,” which features Sen. Scott T. Rupp, R-Wentzville, and Sen. Wright-Jones discussing the voter ID legislation.

Next week, lawmakers are scheduled to address several Senate bills, including SB 180, SB 204, SB 38, SB 83, SB 77, SB 133 and SB 166. The Missouri Senate will reconvene on Monday, Feb. 28 at 4 p.m.   The First Regular Session of the 96th General Assembly runs through Friday, May 13, 2011.

This update is written once a week throughout the legislative session. To follow these and other issues facing the Missouri Senate, visit www.senate.mo.gov . Visitors can track legislation as it passes through the General Assembly, learn more about their district, or, when the Legislature is in session, listen to streaming audio of legislative debate as it happens. For more legislative news, please visit the Senate Newsroom . There you will find various audio and video programs and other services, such as:

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