JEFFERSON CITY— As Senate Leader Robert N. Mayer, R-Dexter, let the final gavel fall this session, the 96th General Assembly, First Regular Session, came to a close.  Approximately 1,455 bills were filed during the 2011 legislative session.  Forty-six Senate and 101 House measures were passed by the General Assembly and delivered to the governor for his signature.  Several of those measures were approved this week.

Drug Testing for Certain Welfare Recipients

Ushered through the upper chamber by Sen. Jason Crowell, R-Cape Girardeau, House Bills 73 and 47 create the “TANF Child Protection and Drug Free Home Act.”  This act would develop a program to test work-eligible Temporary Assistance for Needy Families, or TANF, applicants and recipients when a person is believed to be using illegal drugs.  Operated by the Family Support Division under the Missouri Department of Social Services, this program provides assistance to needy families with children so they can be cared for in their home, while reducing dependency by promoting job preparation and employment.

House Bills 73 and 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.

Controlled Substances

Another measure pertaining to controlled substances was delivered to the governor to become law.  House Bill 641, sponsored by Sen. Goodman, would add to the list of schedule I controlled substances a synthetic drug marketed as “bath salts” and hallucinogenic synthetic cannabinoids.  The legislation would also add the definition of synthetic cannabinoids to the Comprehensive Drug Control Act of 1989.  This act makes it a Class A misdemeanor to possess 35 grams or less of any synthetic cannabinoid and a Class C felony to possess more than 35 grams.  In addition, “cocaine base” is added to the types of controlled substances, which, when delivered or distributed near a park by a person, would result in a Class A felony.

Public Safety

Senate Bill 250, sponsored by Sen. Mike Kehoe, R-Jefferson City, would require sex offenders to complete certain programs before they can be eligible for parole.  The legislation would also prohibit sex offenders from living near child care facilities in Missouri.  Under current law in the state, incarcerated sex offenders must complete all treatment, education and rehabilitation programs provided by the Missouri Department of Corrections.  Senate Bill 250 would require the offender to complete these programs before they are eligible for probation or conditional release. 

Also, certain sex offenders are currently prohibited from living within 1,000 feet of public and private schools, as well as child care facilities defined by state law.  Senator Kehoe’s measure specifies the lists of places with the prohibited parameter to include any child care facility that is licensed under Missouri Revised Statutes Chapter 210 and any license-exempt child care facility that is subject to state regulations regarding fire, safety, health and sanitation inspections.

Another measure that addresses public safety is HB 38, carried through the upper chamber by Sen. Robin Wright-Jones, D-St. Louis.  The legislation would require jail administrators to notify the Missouri Uniform Law Enforcement System (MULES) when certain dangerous felons escape no more than five hours after the escape.  The legislation also addresses work days as a convicted person’s imposed punishment.  Currently, a city, town or village may require individuals convicted of an ordinance violation, who have not paid their fine, to work one day for every $10 they owe.  House Bill 38 would allow the city, town or village to require one day of work based on whatever is the greatest cost: the daily cost of incarcerating the person or the amount the state reimburses for jailing the individual.

Click here to watch and listen to Daily Audio and Video Clips from May 11, which feature Sen. Wright-Jones.

Human Trafficking

A measure handled by Sen. Goodman that addresses human trafficking in Missouri has been approved by the Legislature.  House Bill 214, among other provisions, defines “blackmail,” “coercion,” “financial harm,” “nudity,” “sexual conduct,” “sexual performance” and “victim of trafficking.”  The legislation adds the elements of blackmail to the crime of abusing an individual through forced labor.  In addition, blackmail, causing or threatening to cause financial harm, as well as using force, abduction, coercion and deception were added as elements to the crimes of trafficking.  Also, this act increases the penalties and adds 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.

Protecting Students

Sponsored by Sen. Jane Cunningham, R-Chesterfield, SB 54 would create the “Amy Hestir Student Protection Act” and establish the Task Force on the Prevention of Sexual Abuse of Children.  If a student reports alleged sexual misconduct by a teacher or other school employee to a school official, that employee and the school’s superintendent would be required to forward that allegation to the Missouri Department of Social Services’ Children’s Division within 24 hours. 

Also known as “Erin’s Law,” SB 54 would create the Task Force on the Prevention of Sexual Abuse of Children — made up of lawmakers in the General Assembly, various members of state departments and commissions, members of the education, mental health and law enforcement professions, and certain members of community advocacy groups.  The task force would make recommendations to the governor, General Assembly and State Board of Education by Jan. 1, 2013, regarding ways to reduce child sexual abuse in the state.

Senate Bill 54 would also require a school district to disclose investigation information regarding an employee’s sexual misconduct when contacted for a reference.

Another measure passed this session designed to protect students — young Missourians involved in school sports — was passed this session.  House Bill 300, carried in the upper chamber by Senate Leader Robert N. Mayer, R-Dexter, would create the “Interscholastic Youth Sports Brain Injury Prevention Act.”  Under the legislation, student athletes suspected of sustaining a concussion or brain injury would have to stop play for at least 24 hours and could not return without written permission from a medical professional trained in the evaluation and management of concussions.  In addition, the student’s parents would have to sign a concussion and brain injury information sheet before the student could participate in any practice or competition.  House Bill 300 would also establish support services for brain injuries in which educational information would be available to young athletes on the risks of concussions and other brain injuries.

Click here to watch and listen to Daily Audio and Video Clips from May 12, which feature Sen. Mayer.

Promoting Advance Student Placement and Education Incentives

Subject to state funding, HB 223 would create the Nursing Education Incentive Program and authorize a nonrenewable advanced placement grant to any recipient of financial aid under the A+ Schools or Access Missouri programs.  The Nursing Education Incentive Program, established within the Department of Higher Education, would address the shortage of nurses in Missouri.  Grants awarded to the program, subject to appropriations, would be capped at $150,000 a year.  House Bill 223, handled by Sen. Crowell in the upper chamber, would also authorize a $500 nonrenewable advanced placement grant to any A+ Schools or Access Missouri program recipients if the student received a score of three or higher on two advanced placement examinations in math or science while attending a Missouri public high school.

State-Sponsored Health Care

House Bill 270, handled by Senate Majority Floor Leader Tom Dempsey, R-St. Charles, would require the Missouri Consolidated Health Care Plan to provide coverage that is substantially similar to Medicare to participates eligible for and covered by Medicare and those eligible but not covered by Medicare.

Another measure that relates to state employees is HCR 32, carried in the Senate by Sen. Kehoe.  The resolution would establish a Joint Interim Committee on State Employee Wages to address the need to increase Missouri’s ranking as the 50th worst state in the nation regarding public employee compensation.

Click here to watch and listen to Daily Audio and Video Clips from May 12, which feature Sen. Kehoe and Sen. Maria Chappelle-Nadal, D-St. Louis.

Prostate Cancer Pilot Program

Senator Robin Wright-Jones, D-St. Louis, sponsored SB 38 and handled HB 667, which would establish two prostate cancer pilot programs within the Missouri Department of Health and Senior Services (DHSS), one in St. Louis and the other in either Pemiscot, New Madrid or Dunklin counties.  DHSS would distribute grants to local health departments and federally qualified centers to fund prostate cancer screening and treatment services.  The program would be open to uninsured or economically challenged men who are older than 50 years of age or between 35 and 50 who are at a high risk of prostate cancer.  Uninsured men are those who lack private insurance and are not enrolled in MO HealthNet or Medicare, and economically challenged men are those who have a gross income up to 150 percent of the federal poverty level.  Senate Bill 38 also requires DHSS to report to the governor and the General Assembly the number of individuals screened and tested by the program, as well as any cost savings realized as a result of early treatment of prostate cancer three years after the first grants are allowed.  The pilot program will expire in six years, unless it is reauthorized by the General Assembly.

Click here to watch and listen to Daily Audio and Video Clips from May 12, which feature Sen. Wright-Jones.

Late-Term Abortions

Senate Bill 65 and HB 213, sponsored and handled by Sen. Mayer, R-Dexter, respectively, would change provisions relating to abortions in Missouri with respect to the viability of an unborn child.  The legislation would, with the exception of a medical emergency, require the physician to determine the gestational age of the unborn child before performing an abortion.  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.  Also, any hospital or ambulatory surgical center violating this act would be subject to suspension or revocation of its license.

Click here to watch and listen to Daily Audio and Video Clips from May 12, which feature Sen. Mayer.

Umbilical Cord Blood

Senator Jim Lembke, R-St. Louis carried HB 197 through the Senate to its final passage.  The legislation would require the Department of Health and Senior Services to post on its website resources relating to umbilical cord blood.  Resources would include an explanation of the potential value and uses of umbilical cord blood.  The bill would also require a pregnant women’s doctor, beginning Oct. 1, 2011, to provide information posted on the department’s website regarding umbilical cord blood banking.

Disability Language and Parental Rights

A House bill that would change certain provisions in state law regarding references to individuals with intellectual and developmental disabilities and parental rights for individuals with disabilities was also passed by the Legislature this week.  Senator Scott T. Rupp, R-Wentzville, handled HB 648 in the Senate, which would change all references of “mentally retarded,” mental retardation,” or “handicapped” in current state law to “intellectually disabled,” “intellectual disability,” “developmentally disabled,” “developmental disability” or “disabled,” respectively.

The legislation would also specify that the disability or disease of an individual cannot be the reason to refuse to issue, suspend or revoke a foster care license.  In addition, the legislation would not take into consideration a disability or disease when determining whether or not a prospective adoptive parents is unfit, that a child is in the need of care, that it is necessary to remove a child from the custody of a parent or for the termination of parental rights without showing that there is a correlation between the disability and harm to the child.  This provision is identical to HB 604, also handled by Sen. Rupp.

Click here to watch and listen to Daily Audio and Video Clips from May 10, which feature Sen. Rupp.

Adoption Records

Senate Bill 351, sponsored by Sen. John Lamping, R-Ladue, would change various provisions of state law regarding adoption records.  The legislation would allow, among other provisions, adopted adults to obtain identifying information on adult siblings with the sibling’s consent, require just the biological parents to be notified about the request for identifying information, and allows the court to disclose information to the adoptive adult regarding the biological parent’s identity if the biological parent is deceased.

Sprinkler System Requirements

A measure that would extend the expiration date concerning the installation of fire sprinklers in long-term care facilities, among other provisions, was approved by the General Assembly.  Senate Bill 118, sponsored by Sen. Bill Stouffer, R-Napton, would change the expiration date from Dec. 31, 2012, to Dec. 31, 2014, for provisions of Missouri law regarding the installation and maintenance of fire sprinklers in long-term care facilities.  This measure makes changes to law passed in 2009 that established certain fire safety standards in licensed nursing home facilities. 

Voter Photo ID

Lawmakers delivered a measure to the governor that would allow enabling legislation for advance voting and voter photo ID.  Sponsored by Sen. Stoufer, SJR 2 is a constitutional amendment that, upon voter approval, would require a voter to identify him or herself as a U.S. citizen and a resident of Missouri by producing a valid, government-issued photo ID.  (Exemptions may be provided for by general law.)  Senate Joint Resolution 2 also brings advance voting to Missouri voters.  This provision would allow advance voting starting the third Saturday before an election until the first Tuesday before an election, excluding Sundays.  Because the proposal is a joint resolution, it can go straight to the polls without receiving the governor’s approval.

Senate Bill 3, also sponsored by Sen. Stouffer, is the enabling legislation mentioned in SJR 2.  The legislation would establish requirements for advance voting and voter photo IDs for elections.  According to the bill, voters must produce a valid, government-issued photo ID, which can include a nonexpired Missouri diver’s license; a nonexpired or nonexpiring Missouri nondriver’s license; any Missouri National Guard, U.S. Armed Forces or U.S. Department of Veterans Affairs ID containing a photograph; or a document issued by the United Sates or state of Missouri containing the name of the voter that conforms to the most recent signature in the person’s voter registration records, a photograph, and an expiration date, or if expired, the expiration is after the date of the most recent general election.  Individuals unable to obtain identification under certain circumstances would be allowed to vote using a provisional ballot, provided the election authority can verify the person’s identity by comparing his or her signature to the signature on file with the election authority. 

If the individual does not have proper ID, the legislation would allow a person to cast a provisional ballot, provided that the individual returns and provides proper identification in order for his or her vote to be counted.  Also, the state would have to provide at least one form of ID required to vote at no cost to the voter, and provide at least one form of document required to obtain the required ID at no cost to those who do not possess one. 

Senate Bill 3 would also establish advance voting for presidential, senatorial and statewide elections beginning the third Saturday immediately preceding an election and ending on the Tuesday immediately preceding the election, excluding Sundays.  Senate Bill 3 is contingent on the passage of SJR 2.

Click here to watch and listen to Daily Audio and Video Clips from May 10, which feature Sen. Stouffer; Sen. Timothy Green, D-Spanish Lake; and Senate Majority Floor Leader Victor Callahan, D-Independence.  The Senate Minute for May 10 also highlights floor debate between Sen. Stouffer and Sen. Green on the measure.

Sales Tax Exemptions

Senate Bill 284, sponsored by Sen. Jay Wasson, R-Nixa, would change the disciplinary authority of the state Board of Pharmacy, define the term “legend drug” for the purpose of certain pharmacy statutes, and grant exemption from sales tax for certain medial equipment and drugs.  More specifically, SB 284 would exempt from state and local sales tax all sales of diabetic accessories and supplies, and rented medical oxygen, wheelchairs, scooters, reading machines, electronic print enlargers, electronic communication devices, and items used to modify motor vehicles for individuals with disabilities.  In addition, nonprescription drugs prescribed by a practitioner, as well as any medical equipment, supplies, or devices that are ordered by a doctor, or paid for by a third-party insurer, Medicare, or Medicaid, would be exempt from sales tax.  Because this measure has an emergency clause, if signed by the governor, it would take effect immediately.

Environmental Protections

Senate Bill 135, sponsored by Sen. Kurt Schaefer, R-Columbia, is an omnibus environmental protection bill that has been delivered to the governor for his signature.  Among the many provisions of the legislation, SB 135 would allow a business to burn as a fuel, if it has a permit to do so, any scrap tires the business accepts from the state or a political subdivision, and remove the prohibition of expanded polypropylene coolers on or within 50 feet of certain rivers in the state, except in certain areas.

Nuisances and Junkyards

Sponsored by Sen. Brad Lager, R-Savannah, SB 187 changes state laws regarding nuisances.  The measure specifies what types of compensatory damages may be awarded in a lawsuit in which the alleged nuisance comes from the property primarily used for crop or animal production.  In the case of a “temporary nuisance,” the legislation would limit compensatory damages against farmers to the reduction in the rental value of the neighboring property.  And in the case of a “permanent nuisance,” compensatory damages would be limited to the reduction of the property’s fair market value.  Senate Bill 187 would also require that any subsequent nuisance lawsuits involving the same properties and problems be treated as “permanent nuisance” claims in court.

The legislation also addresses junkyards.  Current law in Missouri prohibits a person or corporation from maintaining a junkyard within 200 feet of a state or county road, unless the junkyard is screened by a fence.  Failure to screen such a junkyard is a misdemeanor.  Senate Bill 187 changes this penalty, making the first violation a Class C misdemeanor and a second or subsequent violation a Class A misdemeanor.  In addition, violators would have to remove the junk or build a fence to screen the junkyard from the public.

Click here to watch and listen to Daily Audio and Video Clips from May 11, which feature Sen. Lager. 

Transportation and Infrastructure

An omnibus bill relating to transportation and infrastructure has been approved by the General Assembly and sent to the governor.  Senate Bill 173, sponsored by Sen. Bob Dixon, R-Springfield, would, among other provisions:

• Create an additional area of study for the Joint Committee on Missouri’s Promise, which is charged with developing long-term strategies and plans for investing in, and maintaining, a modern infrastructure and transportation system in the state.
• Establish the Missouri State Transit Assistance Program to provide financial assistance to defray the operating and capital costs incurred by public mass transportation service providers.
• Extend the sunset date for the Missouri State Highways and Transportation Committee to enter into design-build contracts to July 1, 2018, and authorize the commission to enter into an additional design-build contract for the improvement of the Daniel Boone Bridge located on US 40/I-64.

Designation Legislation

Legislation aimed to promote certain outdoor activities was also approved by the General Assembly.  Senate Bill 180, sponsored by Sen. Will Kraus, R-Lee’s Summit, would designate the month of October as “Walk and Bike to School Month,” the first Wednesday of October as “Walk and Bike to School Day,” the month of May as “Missouri Bicycle Month,” the third Friday in May as “Bike to Work Day,” and the week of “Bike to Work Day” as “Bike to Work Week.”

Also, a measure carried through the upper chamber by Sen. Robin Wright-Jones, D-St. Louis, would bring awareness to a disease that affects thousands of Missourians with diabetes a year.  House Concurrent Resolution 37 would recognize every third week in June as Diabetic Peripheral Neuropathy Week.

Citizens’ Rights

Upon voter approval, HJR 2 is a constitutional amendment that would guarantee a citizen’s right to pray and worship in all public areas, including schools, as long as the activities are voluntary and subject to the same rules and regulations that apply to all other types of speech.  The resolution, ushered through the Senate by Sen. Goodman, would not expand the religious rights of prisoners beyond those guaranteed by existing federal laws.

Unless otherwise noted, these measures, if signed by the governor into law, would take effect Aug. 28, 2011.

The 2011 legislative session came to a close on Friday, May 13 at 6:00 p.m.  The Missouri Senate’s Capitol Briefing will highlight additional legislation next week that was passed by the General Assembly this session and sent to the governor to become law.

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.  Please note: Clips linked to this Capitol Briefing are only available for the legislative week referenced in the publication.
• 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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