JEFFERSON CITY — Before the final gavel fell on the 2012 legislative session at 6:00 p.m. on Friday, May 18, the Missouri Senate gave its final approval to numerous measures, many of which were passed this week, sending them to the governor’s desk for consideration.

Helping Children Receive a Quality Education

Senate Bill 576 would, among other provisions, modify terms relating to charter schools, allowing charter schools to operate in unaccredited districts throughout the state, in addition to the St. Louis City and Kansas City school districts.

The legislation would allow charter schools to operate in districts accredited without provisions, if sponsored by the local school board. However, a school board that has an enrollment of 1,550 students or more cannot enroll more than 35 percent of its enrollment in charter schools. The Missouri State Auditor would be allowed to audit any charter school in the same manner as any agency of the state.

In addition, the act would allow proposed or existing high-risk or alternative charter schools to include other arrangements for students to obtain credits for satisfying graduation requirements in the charter application and charter. Alternative arrangements may include credit for off-campus instruction, work experience, and embedded credit.

Upon approval of the charter by the State Board of Education, any alternative arrangements would be approved at the same time.

Protecting Disabled and Elderly Missourians

Under current law, a person who recklessly and purposely causes serious injury to an elderly person commits the crime of second degree elder abuse. Senate Bill 689 would make it so a person who recklessly or purposely causes such injury has committed the crime.

The act also would add “undue influence” to the types of acts that, when committed against an elderly or disabled person, constitute the crime of financial exploitation. Undue influence is defined under the act to mean “influence by a person who has authority over the elderly or disabled person in order to take unfair advantage of the person's vulnerable state of mind, neediness, pain, or agony.” It would also include improper use of various types of fiduciary authority.

Resetting Billboards Throughout the State

Senate Bill 607 would establish criteria for resetting billboards during periods of highway construction. More specifically, the act would reinstate an August 1999 rule implementing a moratorium on the issuance of state sign permits for new sign structures, such as billboards, for sections of highways approved by the Highways and Transportation Commission that are scheduled for construction. The legislation also outlines the procedure for existing sign structures on streets or highways approved for construction or reconstruction.

Protecting Missourians’ Religious Freedoms

Senate Bill 749, sponsored by Sen. John Lamping, R-Ladue, provides protection for the religious beliefs and moral convictions or certain people and health care entities. More specifically, the act states that health care professionals and entities wouldn’t be forced to provide coverage for abortion, contraception, or sterilization in a health care plan if such procedures contradict one’s religious or moral beliefs.

In addition, health care professionals and entities couldn’t be discriminated against for refusing to provide coverage for such services. The bill contains an emergency clause.

Click here to watch “Daily Audio and Video Clips” from May 18, which feature discussion on SB 749. Senate Minority Floor Leader Jolie Justus, D-Kansas City, speaks against the measure in this clip.

Addressing Higher Education

Sponsored by Sen. Bob Dixon, R-Springfield, SB 563 addresses numerous aspects of higher education. Among other provisions, the act would create the Missouri Science, Technology, Engineering and Mathematics Initiative within the Department of Higher Education. Matching funds would be provided by the department and the General Assembly to fund the programs described in the act.

This initiative would provide support to increase interest among K-12 students in science, technology, engineering, and mathematics to boost the number of students who enter these fields at Missouri's public institutions of higher education.

The act also would raise awareness for Alzheimer’s Disease research projects. Under current law, the University of Missouri Board of Curators is given authority to award funds for research projects to advance knowledge in the area of Alzheimer's Disease and related disorders. Senate Bill 563 would increase the statutory award amount per individual award from $30,000 to $50,000 per year.

In addition, SB 563 contains a provision found in a measure (SB 655) filed this year by Sen. Timothy Green, D-Spanish Lake.  This language, adopted as an amendment in the Missouri House of Representatives, creates the “Higher Education Capitol Fund,” which allows the General Assembly to appropriate matching funds to public colleges or universities for capital projects, under certain circumstances.

Promoting Transportation Safety

To help keep Missourians safe while traveling on the roadways, SB 568, sponsored by Sen. Mike Parson, R-Bolivar, would modify various provisions relating to transportation.

Among other aspects, the bill addresses the “Move Over Law.” Senate Bill 568 would amend the state’s “Move Over Law” so that drivers who approach stationary emergency vehicles — or vehicles owned by the commission and operated by Department of Transportation employees displaying amber or amber and white lights — would need to proceed with caution by making a lane change away from the stationary vehicle, if possible. The act would further modify the definition of "emergency vehicle" to include any vehicle owned by the commission and operated by a Department of Transportation employee that is marked as an emergency response or motorist assistance vehicle.

The legislation also addresses temporary permit tags, the inspection process of rebuilt salvage vehicles, failure to appear in court, and the Uniform Commercial Driver’s License Act.

Another measure on its way to the governor (SB 719), sponsored by Sen. Mike Kehoe, R-Jefferson City, would also modify provisions relating to transportation and address boating safety identification cards, motorcycle rider training course exemptions, and selling or advertising in state parks, among other provisions. The bill contains an emergency clause.

DNA Profiling Analysis Fund

Under current law, a surcharge of $30 is assessed in criminal cases in which a defendant is found guilty of a felony, a surcharge of $60 is assessed if the defendant if found guilty of a Class A or B felony or an unclassified felony under Chapter 195, and $15 is assessed if the defendant is found guilty of a misdemeanor. The money goes into the “DNA Profiling Analysis Fund.” The surcharge was set to expire on Aug. 28, 2013. Senate Bill 789, sponsored by Sen. Will Kraus, R-Lee’s Summit, would extend the expiration date to Aug. 28, 2019.

Protecting Missouri Employers and Employees

A top priority for many senators, HB 1540 addresses workers’ compensation and protecting Missourians on the job. More specifically, the bill states that protections would be restored for co-employees for their role in honest accidents in the workplace. However, the employee would not escape liability when he or she engages in an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury.

Similar to HB 1540, SB 572, sponsored by Senate Majority Floor Leader Tom Dempsey, R-St. Charles, received final approval in the Senate. However, the governor vetoed the legislation on March 19. As a compromise, HB 1540 removed provisions relating to diseases caused by toxic exposure.

Click here to listen to the “Senate Minute” from May 17, which highlights the final passage of HB 1540. Lawmakers in this report include Sen. Dempsey and Senate Minority Floor Leader Victor Callahan, D-Independence.

Ensuring Patient Safety

To ensure that Missouri patients remain in good hands, SB 682, sponsored by Sen. Dempsey, would require that only licensed physicians use certain techniques in diagnosing or treating chronic pain or pain occurring outside of a surgical, obstetrical, or post-operative course of care. Such techniques limited to licensed physicians include: ablation of nerves, placement of drugs in the spinal column under fluoroscopic guidance, discectomy, and placement intrathecal infusion pumps or spinal cord stimulators.

The act would not apply to inter-laminar lumbar epidural injections performed at a hospital or ambulatory surgery center if the standard of care for medicare reimbursement is changed to allow reimbursement only with use of fluroscopy after the effective date of the act. In addition, the bill would not apply to certified registered nurse anesthetists or anesthesiologists assistants providing surgical, obstetrical, or post-operative pain control.

The Board of Registration for the Healing Arts would be able to promulgate rules to implement the provisions of this act. The provisions of this act would expire Aug. 28, 2016, unless reauthorized by an act of the General Assembly.

Missouri No-Call List

House Bill 1549 would change the laws regarding Missouri’s No-Call List to allow a residential subscriber to have his or her wireless telephone number added to the list. The legislation aims to protect Missourians’ privacy from certain unwanted phone calls. The legislation was handled in the Senate by Sen. Will Kraus, R-Lee’s Summit.

Elections in Missouri

House Bill 1036 would remove the first Tuesday after the first Monday in June as a date available for public elections. Currently, the first Tuesday after the first Monday in February is available for public elections. This act only allows bond elections to occur on that date. The bill also would allow tax elections necessitated by a financial hardship due to a 5 percent or greater decline in per-pupil state revenue to a school district from the previous year, to be conducted at any time. In addition, a provision requiring party emblems to be printed on ballots above party captions would be repealed.

Vaccinating Certain Pets Against Rabies

Sponsored by Sen. Dan Brown, R-Rolla, SB 566 addresses the vaccination of dogs and cats against rabies. As modified by a House amendment, if a person suspects that he or she has been exposed to rabies through contact with a dog or cat, the owner of the dog or cat must show documentation of rabies vaccination, or else surrender the animal to authorities.

Click here to watch “Daily Audio and Video Clips” from May 18, which feature discussion on SB 566. Senator Rob Schaaf, R-St. Joseph, is included in this clip.

Honoring Members of the Military

Age Limit for the State Militia
Senate Bill 715, sponsored by Sen. Kraus, would allow the Adjutant General to waive the maximum age limit for service in the state militia. Currently, the maximum age limit for service in the state militia is 64. On a case-by-case basis, the Adjutant General would be able to waive this age limit.

In addition, the bill prohibits higher education institutions from requiring Missouri National Guard members to take a test within 24 hours of returning from active duty or training.  The measure also changes how money from the Missouri Gaming Commission is allocated and prohibits the creation of a quality rating system for early childhood education unless the system is passed by lawmakers and enacted into law. 

National Guard Ribbons and Awards
Also handled in the Senate by Sen. Kraus, HB 1128 would authorize the Adjutant General to present a Missouri National Guard Overseas Training Ribbon to members of the Missouri National Guard who have participated in training outside the United States for 10 or more cumulative days. The Adjutant General would also be authorized to present a Missouri National Guard State Partnership Program Ribbon to a member of the Missouri National Guard who has participated in a state partnership program mission to a country in which Missouri has a federally recognized partnership.

In addition, the governor, upon the recommendation of the Adjutant General, would be authorized to present the Order of the Minuteman Award to military or civilian individuals who has distinguished themselves by exceptionally meritorious service or achievement to the state or to the Missouri National Guard.

Electing Mayor and City Council Offices

House Bill 1250 would allow certain third class cities to eliminate, by ordinance or order, primary elections for mayor and city council offices. Any person wishing to become a candidate for these offices must file a statement of candidacy with the city clerk in order to be placed on the ballot.

Senator Kraus offered a successful amendment that removes the first Tuesday after the first Monday in June as a date available for public elections.

Senator Ryan McKenna, D-Crystal City, also offered a successful amendment that would allow voters in the city of Farmington to place an ordinance on the ballot to restrict smoking in establishments and areas within the city.

Modifying Law Regarding Governing Liens

Currently, the filing of a financing statement is not necessary to perfect a security interest in property subject to certain statutes, regulations, and treaties. Such a filing is currently necessary for property held as inventory held for sale or lease by a person in the business of leasing certain goods. Senate Bill 485, sponsored by Sen. Jane Cunningham, R-Chesterfield, would remove that exception. In addition, under current law, people who perform labor on aircraft and their parts and equipment who obtain a written memorandum of the work or material furnished signed by the owner, have a lien on such property. Senate Bill 485 would allow the memorandum to be signed by the authorized agent of the owner, or person in lawful possession of the property.

Retirement for Certain Public Officials

Sponsored by Sen. Kehoe, SB 625 would modify fund transfers between retirement systems, modify retirement for certain public officials, and set interest paid on member contributions at Treasury Bill, or T-Bill rate — a short-term debt obligation backed by the U.S. government with a maturity of less than one year.

Among other provisions, SB 625 addresses the transfer between MOSERS and MPERS. Currently, when employees transfer between the Missouri State Employees' Retirement System and the Missouri Department of Transportation and Highway Patrol Employees' Retirement System, the value of the employees' accrued benefits are transferred as well. This act would change the computation of accrued benefits to exclude amounts for previously transferred service not subject to asset transfer. Any prior payments already made that should have been excluded would need to be returned.

Click here to watch “Daily Audio and Video Clips” from May 18, which feature debate on SB 625. Senator Kehoe is featured in this report.

Watercraft and Watercraft Motors and Trailers

House Bill 1424 would allow the Missouri State Highway Patrol to sell surplus watercraft, watercraft motors, and trailers in the same manner that the Highway Patrol may currently sell surplus Highway Patrol vehicles.
Proceeds from the sales would be directed to the “Highway Patrol's Motor Vehicle, Aircraft, and Watercraft Revolving Fund,” which is administered by the superintendent of the Highway Patrol. Proceeds from the fund are used to purchase Highway Patrol motor vehicles, and may be used under this act to also purchase watercraft, and watercraft motors and trailers.

Helping Students With Travel Hardships

Currently, the Commissioner of Education may assign a pupil to another district based on an unusual or unreasonable transportation hardship. House Bill 1789, handled in the Senate by Sen. Brian Nieves, R-Washington, would allow the parent or guardian of a child to apply, and requires the commissioner to assign the pupil to another district, if the following conditions are met:

• The actual driving distance from the pupil's residence to the attendance center in his or her district of residence is at least 17 miles by the shortest route;
• The attendance center to which the pupil would be assigned is at least seven miles closer in actual driving distance than the attendance center in the district of residence; and
• The pupil's attendance will not cause the classroom in the receiving district to exceed the number of students per class as determined by the receiving district. The commissioner must assign pupils in the order in which the applications are received.

Click here to watch “Daily Audio and Video Clips” from May 18, which features Sen. Maria Chappelle-Nadal, D-University City, discussing HB 1789.

Establishing a Health Insurance Exchange

Sponsored by Sen. Schaaf, SB 464 would prohibit the establishment, creation, or operation of a state-based health insurance exchange, unless the exchange is created by a legislative act, an initiative petition, or referendum. The act would specifically prohibit the establishment of a state-based health insurance exchange by an executive order issued by the governor.

Addressing Veterans’ Organizations Operating Re-sale Shops

Senate Bill 498, sponsored by Sen. Brian Munzlinger, R-Williamstown, would prohibit cities from restricting veterans’ organizations from operating re-sale shops in certain areas. The bill contains an emergency clause.

Animals and Agriculture

Sponsored by Sen. Parson, SB 631 addresses agricultural education in private schools, exhibiting livestock, and the Missouri Grain Dealer law, among other provisions.

Among other tasks, the act would require the State Board of Education to establish standards for agricultural education that may 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. These local chapters at private schools would not be eligible to receive state or federal funding for agricultural vocational education, and the private schools must annually reimburse the Department of Elementary and Secondary Education for its administrative costs.  

Other measures sent to the governor’s desk this week include:

• Senate Bill 595 — Transfers the administration of special education due process hearings from the State Board of Education to the Administrative Hearing Commission (sponsored by Sen. Kraus).
• House Bill 1563 — Modifies provisions relating to school social workers, prescription drugs, collaborative practice arrangements, behavior analysts, and an employee disqualification list (handled by Sen. Jay Wasson, R-Nixa).
• House Bill 1577 — Requires school districts to implement criteria for the enrollment and educational success of foster care children.
• House Bill 1171 — Changes the age when the juvenile court will have jurisdiction over a child involving a state or local traffic violation from a child up to 15 1/2 years of age to a child up to 15 years of age (handled by Sen. Dixon).
• House Bill 1576 — Allows certain state-licensed foster parents to purchase health insurance from the Missouri Consolidated Health Care Plan at the premium rate established for state employees (handled by Sen. Parson).
• House Bill 1758 — Allows any person having a parent/child relationship with a minor child who is not the biological or legal parent to petition the court for custody and visitation rights (handled by Sen. Luann Ridgeway, R-Smithville).

Unless otherwise noted, these measures, if signed by the governor into law, would take effect Aug. 28, 2012. Those bills containing an emergency clause become law upon the governor’s signature.

The Missouri Senate’s Capitol Briefing will highlight additional legislation next week that was passed by the General Assembly throughout the 2012 legislative session and sent to the governor to become law.

To see a complete list of truly agreed to and finally passed bills, among other information pertaining to the 2012 legislative session, please visit the Missouri Senate website at www.senate.mo.gov.

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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