JEFFERSON CITY— More than 145 Senate and House measures were delivered to the governor before the end of the 2011 legislative session.  Some legislation has already been enacted into law, others have been signed by the governor and will take effect on a later date, and many more await Missouri’s top executive’s approval.

The Senate Minute for May 16 and May 17 features President Pro Tem Robert N. Mayer, R-Dexter, and Minority Floor Leader Victor Callahan, D-Independence, reflecting on the highlights of the 2011 legislation session.

Unemployment Benefits – Signed April 13

Passed by the Legislature and enacted into law in mid-April, House Bill 163, handled by Sen. David Pearce, R-Warrensburg, extends unemployment benefits for Missouri families who have reached, or are nearing, the 79-week cut-off.  The legislation also reduces Missouri’s share of initial unemployment benefits from 26 to 20 weeks for future benefit recipients.

Corporate Franchise Tax – Signed April 26

The first Senate bill delivered to the governor and given his stamp of approval, SB 19, sponsored by Sen. Eric Schmitt, R-Glendale, was one of many measures created during the 2011 legislative session designed to spur job growth in the state.  In Missouri, the corporate franchise tax is imposed on companies based on a percentage of their assets.  Starting Aug. 28, Senate Bill 19 limits the amount of corporate franchise taxes any business must pay to its 2010 level, freezing its rate at what it paid in the 2010 tax year.  A company that moves to Missouri after 2010 will be capped at its franchise tax liability for its first full year of existence.  In addition, SB 19 gradually reduces the corporate franchise tax rate over a five-year period until it is completely phased out — beginning in 2012 and continuing until 2016 when no corporate franchise tax would be imposed in Missouri.

Dog Breeding Facilities – Signed April 27

Two measures receiving the governor’s signature this past session relate to one of the state’s must productive businesses in the agriculture industry.  Senate Bill 113, sponsored by Sen. Mike Parson, R-Bolivar, is an animal protection measure prompted by the November 2010 passage of Proposition B, a ballot initiative that made regulatory changes to the state’s dog breeding facilities.  Senate Bill 113 changes 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.  Currently, the maximum fee for obtaining a license to operate certain dog facilities is $500 each year.  Starting Aug. 28, this fine increases to $2,500 and requires licensees to pay a $25 fee each year to be used by the Department of Agriculture for Operation Bark Alert. 

Senate Bill 113 also removes the current criminal penalty provision under the Puppy Mill Cruelty Prevention Act and address new penalty and enforcement provisions to the ACFA and the Canine Cruelty Prevention Act.  The legislation also creates the crime of canine cruelty — a Class C misdemeanor — when someone repeatedly violates 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 animals.  A second or subsequent offense is a Class A misdemeanor.  The measure 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.  The bill also changes the definition of “pet” to only apply to dogs.

The other measure, SB 161, contains compromise language regarding the issue of dog breeding facilities in Missouri.  Also known as the “Missouri Solution,” SB 161, sponsored by Sen. Brian Munzlinger, R-Williamstown, makes changes to SB 113 and immediately sets in place provisions agreed to by various members of each legislative chamber.  More specifically, the bill 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, 2011, 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.”

Also, SB 161 allows the Missouri Agriculture and Small Business Development Authority to provide loan guarantees for the purchase, expansion or improvement of an agribusiness.

Fire Sprinklers – Signed April 29

Senate Bill 108, sponsored by Sen. Schmitt, extends the expiration date concerning the installation of fire sprinklers in certain homes to Dec. 31, 2019, and changes certain residence codes adopted by cities and towns.  The current law regarding the installation of fire sprinklers in certain homes is set to expire at the end of this year, and only applies to single-family dwellings or residences or multi-unit dwellings of four or fewer units.  Along with the extended expiration date, starting Aug. 28, SB 108 changes residence fire sprinkler codes that affect one- or two-family dwellings or townhouses.

Higher Education Boards – Signed May 2

Ushered through the upper chamber by Sen. Pearce, HB 174 changes the composition of the Coordinating Board for Higher Education, the University of Missouri Board of Curators and the Missouri State University Board of Governors.  Currently, these three higher education boards each have nine voting members in which no more than one appointee may be from the same U.S. congressional district.  To reflect the results of the 2010 Census and the loss of a Missouri congressional seat, new language was created to define the organization of these boards.  House Bill 174, beginning Aug. 28, allows for at least one member, and no more than two members, to be appointed from each congressional district.

Emission Inspections -  Signed May 5

A measure that exempts a qualified plug-in electric drive vehicle from the state’s motor vehicle emissions inspection program has also been approved by the governor.  House Bill 354, shepherded through the Senate by Sen. Scott T. Rupp, R-Wentzville, defines this vehicle as a qualified plug-in drive vehicle that is made by a manufacturer, has not been modified from original manufacturer specifications, can operate solely on electric power and is capable of recharging its battery from an on- and off-board generation source.  The legislation will take effect Aug. 28.

Mental Health and Substance Use Disorders –
Signed May 5

Legislation that allows any revenue received from the proceeds of any sales and services from Mental Health First Aid USA to be deposited in the Mental Health Earnings Fund was also signed by the governor this year.  House Bill 557 was handled by Sen. Dan Brown, R-Rolla.  Starting Aug. 28, HB 557 allows the proceeds, subject to appropriations, to be used to fund Mental Health First Aid USA activities, and must be accounted for separately from all other revenues deposited into the fund.  In addition, the Department of Mental Health is not required to pay the fund for proceeds made from these sales and services.  The Mental Health First Aid USA program helps the public identify, understand and respond to signs of mental illness and substance use disorders.

Designation Measures – Signed May 5

The governor also signed several designation bills this year that will take effect Aug. 28.  House Bill 182, handled by Sen. Maria Chappelle-Nadal, D-University City, designates the first Friday in March as “Dress in Blue for Colon Cancer Awareness Day”; HB 749, handled by Sen. Brown, designates April as “Child Abuse Prevention Month” and designate the “blue ribbon” as the official state symbol for child abuse prevention; and HB 795, handled by Sen. Parson, designates the second Friday in March as “Missouri School Read-In Day.”

The governor has 45 days from the constitutional last day of session (May 30) to take action on a bill delivered to him by the General Assembly.  Any legislation not receiving the governor’s approval or veto after July 14 will become law on its effective date. 

The next Capitol Briefing will focus on legislation passed by the General Assembly throughout this past session and delivered to the governor waiting for his approval, including a measure that would extend the MoRx program, a bill that would make changes to the state’s firearms regulations, legislation that would move Missouri’s presidential primary, and a measure that places further restrictions on abortions, to name a few. 

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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