JEFFERSON CITY— In the Senate this week, lawmakers approve legislation that makes changes to the state’s dog breeding facilities and a measure that crafts a new congressional district map.  Senators also consider bills in the upper chamber that would require drug testing for Missourians receiving certain benefits, create economic development incentives for the state and crack down on human trafficking. 

Animal Protection Measure Signed by Governor

A measure prompted by the November 2010 passage of Proposition B, a ballot initiative that made changes to the state’s dog breeding facilities, was signed into law this week.  Senate Bill 113, sponsored by Sen. Mike Parson, R-Bolivar, makes changes to the “Animal Care Facilities Act” (ACFA) and the “Puppy Mill Cruelty Prevention Act.”  Under this measure, the name of the act is changed to the “Canine Cruelty and Prevention Act” and language restricting anyone from having more than 50 breeding dogs has been removed. 

Senate Bill 113 increases the maximum fee for obtaining a license to operate certain dog facilities to $2,500 each year, and requires licensees to pay a $25 fee each year to be used by the Department of Agriculture for Operation Bark Alert, which was launched back in 2009 to crack down on unlicensed breeders.

In addition, the measure removes the current criminal penalty provision under the Puppy Mill Cruelty Prevention Act and adds new penalty and enforcement provisions to the ACFA and the Canine Cruelty Prevention Act.  It also creates the crime of canine cruelty, a Class C misdemeanor, when someone repeatedly violets the ACFA or Canine Cruelty Prevention Act, when a person poses substantial risk to the health and welfare of animals, or when someone violates an agreement regarding the safety and welfare of the animals.  A second or subsequent offense is a Class A misdemeanor. 

The legislation also makes it a Class A misdemeanor for a licensed breeder to keep his or her animals in stacked cages when there is no impenetrable layer between the cages, except if cleaning the cages.  Senate Bill 113 also changes the definition of “pet” to only apply to dogs. 

A similar measure in the General Assembly considered by lawmakers this week contains compromised language regarding the issue of dog breeding facilities in Missouri.  Senate Bill 161, also known as the “Missouri Solution,” is sponsored by Sen. Brian Munzlinger, R-Williamstown.  The legislation makes changes to SB 113 and sets in place provisions agreed to by various members of each legislative chamber. 

More specifically, SB 161 would change the provisions regarding the square footage requirement of dogs in cages and veterinary care for the animals.  The legislation doubles Missouri’s previous minimum space requirements by January 2012 and triples them by January 2016 for existing breeders when wire flooring is prohibited.  Any dog-housing facilities constructed after April 15 will have to comply with the triple-space requirements immediately.  The measure also requires one yearly veterinarian exam and prompt treatment of a “serious illness or injury.”

Senate Bill 161 also allows the Missouri Agricultural and Small Business Development Authority to provide loan guarantees for the purchase, expansion or improvement of an agribusiness.  The measure, already passed by the House of Representatives, was approved by the Senate and signed by the governor.  Since SB 161 contains an emergency clause, it took effect immediately upon the governor’s approval.

The Senate’s Daily Audio and Video Clips highlight floor debate on SB 161, including comments from Sen. Munzlinger and Sen. Jolie Justus, D-Kansas City. Click here to watch and listen.

Conference Committee Considers State Budget

Leaders from the Missouri Senate and House named their members to serve on a conference committee formed to consider the state’s Fiscal Year 2012 operating budget.  Senate Appropriations Chair Kurt Schaefer, R-Columbia; Sen. Scott T. Rupp, R-Wentzville; Sen. David Pearce, R-Warrensburg; Sen. Timothy Green, D-Spanish Lake; and Sen. Shalonn “Kiki” Curls, D-Kansas City, have been appointed to serve with five members of the House to iron out the two chamber’s differences between most of the 13 bills that make up the state’s budget.  The state’s budget must be approved by both legislative chambers and delivered to the governor by Friday, May 6.

Truly Agreed to and Finally Passed

The Missouri General Assembly gave its final approval to a measure that draws new congressional district boundaries.  House Bill 193, handled by Sen. Rupp, now moves to the governor for his consideration. 

Missouri currently has nine congressional districts.  The Senate and House, including with the 10 members of the Legislature that made up the redistricting conference committee, created a new map that now only has eight congressional districts.  Despite Missouri’s 7 percent growth based on the 2010 Census, the state did not keep up with the rest of the nation’s growth, which resulted in the loss of a congressional seat.  Click here or visit www.oa.mo.gov/bp/redistricting/img/042711GrandCompromiseMap.jpg to view the Legislature’s “grand compromise” map.

Click here to watch and listen to the Senate’s Daily Audio and Video Clips, which feature Sen. Rupp and Sen. Ryan McKenna, D-Crystal City, discussing HB 193.

The Senate also gave its final approval to a measure that would allow owners of automated teller machines to charge access fees to those with bank accounts in foreign countries.  House Bill 83, handled in the Senate by Sen. Jay Wasson, R-Nixa, now moves to the governor for his signature.

Lawmakers in the Senate also gave their final approval to HB 136, handled by Sen. Dan Brown, R-Rolla.  The measure would allow the spouse of certain active military members to be eligible for unemployment benefits.  House Bill 136 would also allow the spouse to receive a temporary courtesy license to practice his or her occupation or profession in Missouri.

A measure that would bring 21st century technology to polling places throughout the state has also been approved by the Senate.  House Bill 217, handled by Sen. Wasson, would allow an election authority to use an electronic voter identification system or electronic signature pad to verify voter identification information at a polling place.

House Bill 423, handled by Sen. Brian Nieves, R-St. Louis, would authorize Missouri to adopt the provisions of the Health Care Compact to improve its health care policy by returning the authority to regulate health care to state legislatures.  The legislation would also create the Interstate Advisory Health Care Commission, which would study the issues of health care regulation and make recommendations to determine the appropriate health care policy for the state.  The measure received unanimous approval in the Senate.

Handled by Sen. Mike Parson, R-Bolivar, and approved by the Senate, HB 199 changes the state’s community service requirements for prior and persistent violators of intoxicated-related traffic offenses.  This bill would require a repeat offender to perform at least 30 days of community service (240 hours), and a persistent offender to perform at least 60 days (480 hours) of community service.

House Bill 260, ushered through the upper chamber by Sen. Justus, updates the “Uniform Interstate Family Support Act.”  The legislation re-enacts the provisions of this act so that they are consistent with the changes adopted by the National Conference of Commissioners on Uniform State Laws.  The measure also extends these provisions to the establishment, enforcement or modification of child or spousal support orders that involve a foreign county.  House Bill 260 would take effect upon ratification by U.S. Congress.

Click here to listen to and watch the Senate’s Daily Audio and Video Clips, which highlight Senate floor debate on HB 260.

Debate in the Senate

A bill that would develop a program to test work-eligible Temporary Assistance for Needy Families, or TANF, applicants and recipients when a person is believed, based on a screening created by the legislation, to be using illegal drugs was approved by the Senate this week.  It now returns to the House for consideration.  House Bill 73 & 47, handled in the Senate by Sen. Jason Crowell, R-Cape Girardeau, would create the “TANF Child Protection and Drug Free Home Act.”  This program, operated by the Family Support Division under the Missouri Department of Social Services, provides assistance to needy families with children so they can be cared for in their own home and to reduce dependency by promoting job preparation and employment. 

House Bill 73 & 47 would deem, if the drug test is positive, an individual ineligible for TANF benefits for three years.  This individual may continue to receive these benefits if he or she successfully completes a substance abuse treatment program and does not test positive for illegal drugs for six months, starting from the date he or she enters the treatment program.  This person may also receive TANF benefits while in treatment.  However, if the work-eligible recipient tests positive for using illegal substances a second time, then they would be ineligible for TANF benefits for three years.

Also, if a parent is deemed ineligible for TANF benefits because of illegal drug use, his or her child’s eligibility for the benefits would not be affected.  Instead, a protective payee would be designed to ensure the child receives the benefits.  In addition, HB 73 & 47 would require TANF case managers to report to the Children’s Division in instances when either the work-eligible recipient tested positive or refused to test in relation to work activities.

Click here to listen to the April 28 edition of “The Senate Minute,” which features Sen. Crowell and Sen. Justus discussing HB 73 & 47.  Click here to view and listen to the Senate’s Daily Audio and Video clips, which highlight Senate floor debate on the legislation.

Lawmakers also took up and passed House Bill 270, handled in the Senate by Majority Floor Leader Sen. Tom Dempsey, R-St. Charles.  The measure would change provisions relating to the administration of health care benefits by the Missouri Consolidated Health Care Plan.  More specifically, the legislation would require the state health insurance plan to provide coverage that is substantially similar to Medicare to participants eligible for and covered by Medicare, as well as those eligible but not covered by Medicare.  With changes to the bill made in the Senate, HB 270 returns to the House for final approval.

A wide-ranging economic development measure that could save the state $1.5 billion over the next 15 years was also considered in the Senate this week.  House Bill 116, handled by Sen. Chuck Purgason, R-Caulfield, would reduce or eliminate various tax credits for businesses and developers and create new incentives to bring businesses to the state, including a tax credit that would attract international cargo planes to the St. Louis airport, promote the growth and development of science and technology companies, and bring more sporting events to the state.

The legislation would, among other provisions:

• Add the “Aerotropolis Trade Incentive and Tax Credit Act,” which would authorize the city of St. Louis or any county to designate certain areas as a hub for international trade.
• Add the Compete Missouri provisions with up-front financing components for job creation and retention (subject to appropriations).
• Allow the layering of economic development incentives with Brownfield tax credits unless there is a positive fiscal benefit to Missouri, and removes the recapture provision for projects that fail to result in a positive fiscal benefit to the state within six years.
• Increase the amount of Brownfield tax credits that can be received simultaneously with distressed areas land assemblage tax credits in a fiscal year from $5 million to $10 million.
• Decrease the annual cap on distressed areas land assemblage tax credits from $20 million to $15 million, and remove the five-year limitation for interest costs associated with eligible properties.
• Add provisions authorizing tax credits to attract sporting events to Missouri.
• Change provisions of the food pantry tax credit and create a new tax credit for contributions to food banks.
• Make changes to the low-income housing tax credit regarding issuance of tax credits where certain units have not yet been rented.
• Allow fee offices to retain 2 percent of sales taxes collected on motor vehicles.
• Expand the state and local sales and use tax exemptions to include diabetic accessories and supplies and the rental of certain medical equipment, including scooters and wheelchairs.

The House must approve the Senate’s changes to HB 116 or go to conference to iron out the differences in the bill.

Senator Purgason; Sen. Ron Richard, R-Joplin; and Sen. Green, discuss HB 116 and SB 390 on the Senate floor.  Click here to watch and listen to the Senate’s Daily Audio Video Clips.

Senate Bill 122, sponsored by Sen. Rob Schaaf, R-St. Joseph, was voted out of the Senate and moves on to the House for debate.  The bill changes health insurance prescription drug co-payment provisions and establishes a web-based system for Missouri consumers that would estimate the cost of a specific health procedure, test or service.

The Senate gave its final approval to SJR 12, sponsored by Sen. Green.  His constitutional amendment, if approved by voters, would increase term limits from eight years to 16 years for any lawmaker serving in one chamber in the Missouri General Assembly.  This legislator would still be limited to serving a total of 16 years in the Legislature, but may split the service between the Missouri Senate and House of Representatives.

House Bill 214, handled by Sen. Jack Goodman, R-Mt. Vernon, also received the Senate’s final approval.  The measure changes provisions relating to human trafficking, including, but not limited to, adding elements of blackmail to the crime of abusing an individual through forced labor; increasing the penalties and adding a monetary fine not to exceed $250,000 for all of the human trafficking crimes except sexual trafficking of a child under the age of 12; and enhancing the penalty for the crimes of trafficking for the purposes of sexual exploitation and sexual trafficking of a child if the crimes were carried out by force, abduction or coercion.

Legislation sponsored by Senate Leader Robert N. Mayer, R-Dexter, also received Senate debate this week.  the measure would authorize the issuance of subpoenas for the production of records by the General Assembly.  Senate Bill 68 would also require subpoenas be issued by the Senate President Pro Tem or the Speaker of the House.

Considered in Committee

In the Senate General Laws Committee, panel members heard testimony on HB 139.  The measure would require the Office of Administration to maintain public school and county and municipal government accountability information and the governor’s travel information on the Missouri Accountability Portal.  Created in 2007, the portal shows Missourians how their tax dollars are spent and other pertinent information related to the enforcement of government programs.

This same committee also considered testimony on HB 361, which would establish the “Missouri Firearms Freedom Act.”  Among other provisions, the legislation would specify that certain personal firearms, firearm accessories, or ammunition manufactured in Missouri and that remain in the state would not be subject to federal law or regulation.  With a passing vote, the committee has recommended the legislation be brought before the full Senate for debate.

The Senate Commerce, Consumer Protection, Energy and the Environment Committee considered a measure that would change various provisions pertaining to environmental protection.  House Bill 192, among other provisions, would address the State Parks Earnings Fund, battery and hazardous waste fees, disposal of used tires, dry-cleaning facilities, an underground storage tank operator training program, water well regulations and the Clean Water Commission of Missouri.

House Bill 503, voted out of the Senate Financial and Governmental Organizations and Elections Committee this week, would move the presidential primary in Missouri from February to March and removes the February and June election dates.  This is not the only bill filled this session changing presidential primary dates.  Senate Bill 282, sponsored by Sen. Kevin Engler, R-Farmington, would move the date of the presidential primary from the first Tuesday after the first Monday in February to the first Tuesday after the first Monday in November.  His legislation is currently under consideration in the House.

The Senate Jobs, Economic Development and Local Government Committee considered and voted out HB 840.  The legislation authorizes tax incentives to encourage foreign trade in Missouri.  Among other provisions, the bill would establish the “Aerotropolis Trade Incentive and Tax Credit Act” to promote foreign trade by authorizing the mayor of St. Louis or the executive office of certain counties to designate an international trade hub.  This is similar to SB 390, sponsored by Sen. Eric Schmitt, R-Glendale, and a provision found in HB 116.

Click here to listen to “The Senate Minute” for April 27, which features Sen. Dempsey discussing authorizing tax incentives to encourage foreign trade.  “The Senate Minute” for April 26 features Senate Minority Floor Leader Victor Callahan, D-Independence, on HB 840.  Click here to listen.

Senate Bill 44, sponsored by Sen. Robin Wright-Jones, D-St. Louis, would require health carriers to devote a certain percentage of health insurance premiums to be used for the payment of health care services.  More specifically, those providers would have to expend at least 90 percent of their total annual Missouri-associated revenues on health care services in any given calendar year.  The bill would also require providers insuring at least 25,000 (but less than 50,000) to expend at least 85 percent of their total annual Missouri-associated revenues on health care services in any given calendar year.  These percentages would be known as the “Missouri care share.”  With the Senate Small Business, Insurance and Industry’s approval, the bill now moves to the full Senate for debate.

The Senate will convene next week at 3 p.m. on Monday, May 2, when lawmakers will further consider the state’s FY 2012 operating budget, among other legislation.  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:  

• Missouri Legislative Update (MLU) – A video program produced periodically throughout the year that provides an overview of the news in the Missouri Senate and House of Representatives. The program features news interviews with lawmakers and stories on issues concerning Missourians.
• Capital Dialogue  – Missourinet's Bob Priddy hosts this monthly half-hour roundtable program bringing legislators together from the Missouri Senate and House of Representatives from different political parties to discuss their positions on specific issues and legislation.
• This Week in the Missouri Senate  – A weekly five-minute audio program that wraps up the week’s news in the Missouri Senate. Programs are posted online every Friday in .mp3 format.
• Senate Minute  – A condensed, one-minute audio report of current Senate news. Programs are posted in .mp3 format and are available through podcast.
• Daily Audio / Video Clips – Throughout the year, the Senate Newsroom posts broadcast-quality audio and video highlights from Senate committee hearings, floor debate, press conferences and other legislative events.
• Daily News Clips – The Senate Newsroom compiles daily news clips from various print and online publications that cover issues relating to the Legislature and state government. An archive of past clips is maintained online and is offered as a subscription service.

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