With only two full weeks remaining of the 2012 legislative session, which will draw to a close on Friday, May 18, Missouri senators offered their consideration to numerous bills this week. In addition, several bills were sent to the governor for his signature.

Truly Agreed to and Finally Passed

Handled by the Senate Appropriations chairman, HB 2001, the first of 13 budget bills addressing the FY 2013 operating budget, would addresses public debt and appropriate more than $47.6 million to the Board of Fund Commissioners.

House Bill 1525 would establish the Justice Reinvestment Act and change the laws regarding criminal offenders under the supervision of the Department of Corrections. The act is similar to SB 699, which received Senate approval on March 8, and is designed to streamline corrections services and save the state money.

The act addresses earned compliance credits, administrative jail sanctions, and the mandatory placement of certain offenders in 120-day programs. In addition, the act would create a 13-member commission — the Sentencing and Corrections Oversight Commission — to oversee the implementation and calculate the effects of the act. The duties of the commission also include determining ways to reinvest any cost savings realized from the passage of this act to pay for evidence-based practices to reduce recidivism and examining how restitution is collected for crime victims.

Handled in the Senate by Sen. Will Kraus, R-Lee’s Summit, HB 1105 addresses age requirements for members of the state militia. Currently the maximum age for service in the state militia is 64. This act would allow the Adjutant General to waive the maximum age limit on a case-by-case basis. Senator Kraus sponsored a similar measure in the Senate (SB 715), which received the upper chamber’s approval on April 5.

House Bill 1680 would change the name of the Heroes at Home program to the Show-Me Heroes program and includes spouses of active duty U.S. military personnel to those eligible to receive the program’s services. The program is designed to assist Missouri families while the primary income earner is on active duty and prevent them from falling into poverty. The program also helps U.S. military members returning from duty rebuilt their careers and find employment opportunities.

House Bill 1039, handled in the Senate by Sen. Jason Crowell, R-Cape Girardeau, would allow a retiree of the Missouri Local Government Employees’ Retirement System (LAGERS) to have health insurance or long-term insurance premiums deducted from his or her retirement allowance.

Click here to listen to “The Senate Minute” from May 3, which features debate on HB 1039. Senators in this report include Sen. Crowell and Sen. Ryan McKenna, D-Crystal City.

House Bill 1236, handled by Sen. Mike Parson, R-Bolivar, would modify the paperwork requirements for the formation of a new political party and the nomination of independent candidates. More specifically, the bill would repeal the requirement that the petition to form the new party must contain, if presidential electors are to be nominated by petition, the name of at least one qualified resident in each congressional district to be a nominee for presidential elector. Alternatively, this information would be provided when filing the respective declarations of candidacy.

Handled by the Senate President Pro Tem, HB 1179 would prohibit large water users from conveying water withdrawn or diverted from the Southeast Missouri Regional Water District to a location outside the district, if it interferes with another major user. The Southeast Missouri Regional Water District was created by legislation passed in 1992 and is governed by a commission comprised of one individual from each district, which includes all or part of Scott, Mississippi, Stoddard, Butler, New Madrid, Pemiscot and Dunklin counties.

House Concurrent Resolution 36 reaffirms economic development projects of mutual benefit between the United States and Israel. Furthermore, the resolution states that the Legislature expresses its respect and admiration for the people of Israel and commends them for their commitment to freedom and democracy. 

Other bills on their way to the governor include:

• HB 1340 — Specifies that the county commission must appoint an interim county official when there is a vacancy in the office of county clerk, collector, or assessor (handled by Sen. Jay Wasson, R-Nixa).
• HB 1308 — Repeals the requirement that certain irrevocable standby letters of credit possess the highest rating issued by specified, nationally recognized agencies to be acceptable collateral for public deposits. 
• HB 1108 — Would require telecommunications carriers and certain commercial mobile service providers to provide, upon request, caller ID information in certain emergency situations.

These bills have been sent to the governor for his approval. If signed, many of the bills would become law on Aug. 28.

Senate Legislation Sent to the House for Consideration

On Wednesday (5-1), the Senate gave its final approval to SJR 51 by a vote of 19-12.

Currently, the Appellate Judicial Commission consists of seven members, consisting of one Missouri Supreme Court Judge; three attorneys, who are elected members of the Missouri Bar; and three laypeople appointed by the governor. The act, if approved by Missouri voters, would change the commission by removing the chief justice and adding an additional layperson appointed by the governor. A judge would still remain on the commission for counsel, but would be a non-voting member. 

Sponsored by Sen. Joe Keaveny, D-St. Louis, SB 788 would require circuit clerks for the 22nd Judicial Circuit and the 19th Judicial Circuit be appointed by a majority of the judges of those circuits. The measure is designed to eliminate duplicate services, allowing the judicial process to be more cost-efficient.

Senate Bills Receive First-Round Approval

Senate Bill 835, sponsored by Sen. Mike Kehoe, R-Jefferson City, would modify references to fireworks classifications. More specifically, the act would align Missouri’s fireworks law with the federal fireworks law to prevent certain fireworks in Missouri from being labeled illegal. The bill contains an emergency clause, meaning it would take effect immediately upon the governor’s signature. Many members of the Senate would like to see the act signed before 4th of July celebrations.

Late Thursday (5-3) night, SB 710 received first-round approval. Among other provisions, the legislation would establish the Prescription Drug Monitoring Act. The Department of Health and Senior Services would be required to establish and maintain a program to monitor the prescribing and dispensing of all Schedule II controlled substances or a Schedule III controlled substance containing dihydrocodone by all licensed professionals who prescribe or dispense these substances in Missouri and where such substances are purchased by a cash transaction. The provisions of this act would be funded with federal or private money.

Proponents of the act say that the database would help prevent people from “doctor shopping,” which is when individuals obtain prescriptions from numerous physicians in order to sustain their additions or sell the drugs illegally. Opponents say the act infringes upon Missourians’ privacy and liberties.

With final passing votes from the Senate, these bills would move to the House for consideration.

House Bills Approved by the Senate

The following House measures, which have been amended in the upper chamber, have been approved by the Senate. The legislation must be sent back to the House for its approval.

House Bill 1188, handled in the Senate by Sen. Eric Schmitt, R-Glendale, would allow a school nurse or other trained employee to administer asthma-related rescue medication to a student experiencing an asthma attack. This bill aims to protect children’s health in Missouri schools and avoid the serious health-related consequences that can occur from an asthma attack.

Handled by Sen. Wasson, HB 1495 would change the laws regarding liability for reporting insurance fraud. Current Missouri law allows insurers and others to share information related to insurance fraud investigations without being subject to civil liability for libel. This act would expand the immunity afforded to insurers and others for filing reports and furnishing other information related to an insurance fraud investigation, so that the insurer will not be subject to civil liability of any kind, including libel and slander.

Senator Brian Munzlinger, R-Williamstown, handled HB 1073 in the Senate, which would modify provisions pertaining to agriculture. Among many aspects relating to the industry, the bill addresses agricultural education in private schools and young people who work on farms.

The act would require the State Board of Education to establish standards for agricultural education that could be adopted by a private school. The standards would need to be sufficient to allow a private school to apply to host a local chapter of a national agricultural education association. The act would not create eligibility for a private school to receive state or federal funding for agricultural vocational education when the school is not otherwise eligible for such funding, and any participating private school must annually reimburse the Department of Elementary and Secondary Education for its administrative costs.

In addition, the act would exempt farm work performed by children under the age of 16 from certain child labor requirements including the obtaining of a work certificate, hours/days of performance, and certain prohibited hazardous jobs, such as:

• Operating and maintaining power-driven machinery,
• Climbing ladders,
• Operating vehicles, and
• Working with certain chemicals.

Young people would be able to work on their own family farms and, with the knowledge and consent of their parents, could work on the family farms of others.

House Bill 1400 would modify provisions relating to the security interests and financial transactions of political subdivisions and residential mortgage loan brokers. Currently, political subdivisions and public entities can invest funds that are not immediately needed in certificates of deposit. The act would allow such entities to invest the funds in any deposit account.

In addition, the Division of Finance would be required to establish an internal policy to ensure the professional conduct of division employees who participate in examinations or who make determinations about the operations of people or entities under the division's jurisdiction. The policy would include procedures to mitigate conflicts of interest.

Other House bills approved by the Senate include:

• HB 1807 — Designates several highways in the state of Missouri and creates several special license plates.
• HB 1250 — Allows third class cities to eliminate primary elections for mayor and councilman offices.
• HB 1135 — Among other provisions, the act states that every state administrative rule would be subject to a periodic review by the appropriate state agency every five years.
• HB 1128 — Would designate March 30 of every year as "Vietnam Veterans Day" in Missouri. March 26 of each year would be designated "Veterans of Operation Iraq/Enduring Freedom Day.”

Measures Considered in the Senate

The following measures were debated in the Senate this week and have been tabled for future consideration.

House Bill 1623, handled by Sen. Schmitt, received much debate on Wednesday (5-2). The act would modify numerous provisions relating to political subdivisions, including county budget decreases, local courts, and recreational off-highway vehicles.

County Budget Decrease — This act would allow and establish procedures for counties to decrease their annual budgets no more than twice each fiscal year when faced with unanticipated funding of 2 percent or more. The budget reduction could not affect any one independently affected officeholder, unless all officeholders who receive funds from the same budget category have negotiated ways to cover the shortfall. Also, the reductions cannot impact any dedicated fund created by law.

Local Courts — Currently, county municipal judges must be licensed to practice law in Missouri and residents of the county they serve. This provision would remove the residency requirement and allow counties to set by ordinance any other requirements for the position.

Recreational Off-Highway Vehicles — The definition of recreational off-highway vehicles would be modified. The width of a recreational off-highway vehicle would increase from 60 inches to 64 inches and the unladen dry weight of the vehicle would increase from 1,850 pounds to 2,000 pounds.

In addition, under the act, recreational off-highway vehicles cannot be operated on highways except for governmental owned and operated vehicles that are used for official purposes, vehicles used for agricultural purposes, and vehicles operated within three miles of the operator’s primary residence, among other cases.

Click here to watch “Daily Audio and Video Clips” from May 2, which feature Sen. McKenna discusses a measure that he would like to see added to HB 1623 regarding the contract bidding process.

House Bill 1193 also received much consideration on Thursday, May 3. Similar to SB 710, which was given first-round approval in the Senate, the legislation would also establish a Prescription Drug Monitoring Program.

More specifically, the act would allow a pharmacist, in good faith, to sell and dispense controlled substances to any person upon a prescription of a practitioner located in another state, provided that the prescription was issued according to and in compliance with the applicable laws of that state and the United States, and the quantity limitations in this state apply to patients located in this state.

Similar to SB 625, HB 1331 (handled by Sen. Kehoe) would revise the computation of the accrued benefits when an employee transfers creditable service between the State Employees’ Retirement System and the Department of Transportation Retirement System.

Click here to listen to “The Senate Minute” from May 1, which features debate on HB 1331. Included in this report are Sen. Mike Kehoe, R-Jefferson City; Sen. Timothy Green, D-Spanish Lake; and Sen. Crowell.

Measures Sent to Conference Committees

This week, Sen. Dan Brown, R-Rolla, motioned for a conference committee with the House regarding SB 564. As passed by the Senate, SB 564 states that an applicant who is an active member of the U.S. Armed Forces and has successfully completed a military motorcycle rider training course that meets or exceeds the Motorcycle Safety Foundation’s curriculum standards, would be able to demonstrate his or her ability to operate a motorcycle or motor tricycle, instead of having to take a driving test to obtain a motorcycle license.

Senate members on this conference committee include Sen. Brown; Sen. Wasson; Sen. Ron Richard, R-Joplin; Sen. McKenna, and Sen. Robin Wright-Jones, D-St. Louis.

In addition, the Senate Appropriations chairman motioned for conference committees with the House for HB 2002-HB 2013. These measures address several aspects of Missouri’s operating budget — from elementary and secondary education to real estate — for FY 2013, which will begin on July 1. The Senate passed its version of the 13 budget bills on Wednesday, April 25.

Senate members on the budget conference committees include the Senate Appropriations Chairman Kurt Schaefer, R-Columbia; Sen. Brown; Sen. Kraus;Sen. Shalonn “Kiki” Curls, D-Kansas City; and Sen. Green.

Click here to listen to “The Senate Minute” from May 2, which discusses the conference committees. Included in this report are Sen. Chuck Purgason, R-Caulfield, and Sen. Green.

The conference committees are established to help iron out differences between the Senate and House regarding these measures.

The Missouri Senate will stand adjourned until 4:00 p.m. Monday, May 7.

To see the Senate’s weekly schedule or view a complete list of bills filed this year, among other information pertaining to the 2012 legislative session, please visit the Missouri Senate website at www.senate.mo.gov.

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, and, 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.
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