JEFFERSON CITY — Last week’s Capitol Briefing highlighted Senate bills that passed the legislative finish line and were sent to the governor for his signature. This week’s report focuses on House bills slated to become law.

Funding for Veterans’ Homes

House Bill 1731 changes how certain funds are used in the state by adjusting the allocation of the Missouri Gaming Commission Fund to ensure dedicated funding for operating the state’s seven veterans’ homes. The legislation also provides a mechanism to balance Missouri’s $24 billion operating budget.

More specifically, HB 1731 authorizes the Missouri Veterans Commission to use funds in the Veterans’ Commission Capital Improvement Trust fund for the administration of the commission. The Veterans’ Commission Capital Improvement Trust Fund was created to allocate money for the construction, maintenance or renovation of or equipment needs for veterans’ homes and cemeteries in Missouri. These veterans’ homes are located in Cameron, Cape Girardeau, Mexico, Mt. Vernon, St. James, St. Louis, and Warrensburg; the veterans’ cemeteries are located in Springfield, Higginsville, Bloomfield, Fr. Leonard Wood, and Jacksonville.

House Bill 1731 was signed into law by the governor on May 30.

Click here to listen to “The Senate Minute” from May 30, which features a report on HB 1731’s signing. Included in this report are Majority Floor Leader Tom Dempsey, R-St. Charles, and Senate Minority Floor Leader Victor Callahan, D-Independence.

Age Limit for Servicemen and Women

Currently, the maximum age limit for a person to serve in the state militia is 64. House Bill 1105, handled in the Senate by Sen. Will Kraus, R-Lee’s Summit, would allow the Adjutant General to waive this age limit on a case-by-case basis.

Leave of Absence for Members of the Military

Handled in the Senate by Sen. Ryan McKenna, D-Crystal City, HB 1315 would specify that state employees who are or may become members of the U.S. Coast Guard Auxiliary may be granted a leave of absence while they are performing U.S. Coast Guard or U.S. Coast Guard Auxiliary duties.

Employees on leave would not lose pay, time, or regular leave. In addition, those employees would not receive impairment of efficiency ratings or any other rights or benefits to which they are otherwise entitled. If the employee's appropriate Coast Guard authority requests the employee be released for service, it must be granted. Leave granted would not exceed 15 working days in any fiscal year, unless the employee is responding to a state or national emergency in Missouri or on a navigable waterway adjacent to the state. Before any salary is paid for the leave period, the employee would be required to file with the appointing authority or supervisory agency evidence of his or her emergency participation.

Show-Me Heroes Program

House Bill 1680 would change the name of the “Heroes at Home” program to the “Show-Me Heroes” program and would add spouses of active duty U.S. military personnel to the individuals who can benefit from the program. The program provides assistance to families whose primary income earner is on active duty and prevents these families from falling into poverty.

Workers’ Compensation

To help protect Missourians in the workplace, HB 1540, handled by Sen. Dempsey, states that co-employees would be released from all liability for workplace injuries or death for which compensation is recoverable under the workers' compensation statutes. However, the employee would not escape liability when he or she engages in an affirmative and negligent act that purposefully and dangerously caused or increased the risk of injury.

Click here to listen to “The Senate Minute” from May 17, which features a report on the final passage of HB 1540. Included in this report are Sen. Dempsey and Sen. Callahan.

Addressing Transportation in Missouri

House Bill 1402 highlights numerous aspects of transportation in the Show-Me State. 

Household Goods Movers: Under the terms of HB 1402, household goods movers would no longer have to file their schedule of rates, fares and charges with the Missouri Highways and Transportation Commission. A household goods mover would be required to maintain and publish its schedules of rates, fares, rules, and charges in its stations and offices. Such rates must be available for inspection by the commission, shippers, and the public. This provision is similar to SB 470, sponsored by Sen. Dixon.

Failure to Appear in Court: Under current law, if a person fails to address a traffic ticket in a timely fashion, the court will notify the director of revenue of such fact and the director will suspend the offender's driver's license until he or she settles the matter by paying the fines and applicable court costs. Upon proof of disposition of the charges, and payment of a reinstatement fee, the director then returns the license and removes the suspension from the person's driving record. House Bill 1402 would modify this provision so that a commercial motor vehicle operator or a holder of a commercial driver's license would not be eligible to have such a suspension removed from his or her driving record. Similar language can be found in SB 568, sponsored by Sen. Parson.

Liability Insurance for Inspection Stations: House Bill 1402 would require official motor vehicle inspection and emission stations to have liability insurance to cover any possible damages to a vehicle during an inspection. Similar language in SB 504 is found in the House measure.

Temporary Instruction Permit Holders: House Bill 1402 would expand the list of qualified people who may accompany a temporary instruction permit holder who is under 16 years of age. Under current law, a temporary instruction permit holder may only drive a motor vehicle when accompanied by a grandparent, parent, legal guardian, or a qualified driving instructor. This act would allow other qualified individuals to accompany a new driver, including people who are at least 25 years age, have been licensed for a minimum of three years, and have received written permission from the parent or legal guardian to escort or accompany the driver. Senator Dempsey sponsored a bill with similar language (SB 648) in the upper chamber.

Highways and License Plates

House Bill 1807, handled by Sen. Rob Schaaf, R-St. Joseph, would designate several highways and create numerous special license plates. One of the license plates the bill would create is the “I HAVE A DREAM” plate. Motorists could obtain these license plates if they make an annual contribution of $25 to the Martin Luther King Jr. State Celebration Commission Fund. Similar language is found in SB 528.

Helping Students With Travel Hardships

House Bill 1789, handled in the Senate by Sen. Brian Nieves, R-Washington, would assist students in Missouri who experience difficulty in traveling to school.

Currently, the Commissioner of Education may assign a pupil to another district based on an unusual or unreasonable transportation hardship. This act would allow the parent or guardian of a child residing in St. Albans, St. Elizabeth, or Gravois Mill to apply for reassignment, and would require the Commissioner to assign the pupil to another district, if certain conditions are met. The commissioner would 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.

Assisting Students With Asthma

To prevent serious health issues that can occur from an asthma attack, HB 1188, shepherded in the Senate by Sen. Eric Schmitt, R-Glendale, would allow school boards to authorize a school nurse to maintain a supply of asthma-related rescue medications at the school.

To obtain the medication, the school must obtain a prescription from a licensed physician, physician's assistant, or nurse practitioner. A school nurse or other employee trained and supervised by the nurse may use the medication on a student whom he or she believes is having a life-threatening asthmatic episode. A trained employee would be held harmless from civil liability if the medication is administered in good faith and according to standard medical practices.

Addressing Criminal Offenders in Missouri

House Bill 1525, handled in the upper chamber by Sen. Jack Goodman, R-Mt. Vernon, would modify provisions relating to probation, parole, and conditional release for criminal offenders.

Earned Compliance Credits: The Division of Probation and Parole would be required to award earned compliance credits to offenders placed on probation, parole, or conditional release beginning Oct. 1, 2012. The credits are equal to 30 days of time served for every calendar month the offender remains in compliance with the terms of probation, parole, or conditional release. The credits reduce the duration of the term, but may be suspended or rescinded if the offender violates probation or parole. The offender must serve at least two years of the sentence on probation, parole, or conditional release. Only certain offenders of Class C and D felonies or drug crimes who are not on lifetime supervision may earn the credits. In addition, the court may limit eligibility for offenders of certain felonies.

Administrative Jail Sanctions: The Division of Probation and Parole would be allowed to place offenders in jail for short periods of time when a probation and parole officer believes an offender has violated a condition of release unless the offender's order of release includes detention as a condition of the probation or parole. The first period of detention would be no longer than 48 hours, and the offender could only spend up to 360 hours in jail in a calendar year.

Sentencing and Correction Oversight Commission: House Bill 1525 would create a 13-member commission to oversee the implementation, as well as calculate the effects, of the act. The duties of the commission 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.

Providing Location Information in Emergencies

To help Missourians in dangerous situations, HB 1108 would require any telecommunications or cell phone service provider to present call location information to law enforcement if law enforcement makes such a request when responding to an emergency that involves potential death or serious injury, and the call location information is needed immediately. No cause of action could be brought in any court of law against a telecommunications or cell phone service provider for providing the information required in the act.

Administrative Rules

House Bill 1135, handled in the upper chamber by Sen. Bob Dixon, R-Springfield, would modify provisions regarding the updating and review of administrative rules. The Secretary of State would be given the authority to make non-substantive changes to the Code of State Regulations to update state agency information, such as name or address changes.

More specifically, HB 1135 would establish that that every state administrative rule would be subject to a periodic review by the appropriate state agency every five years. The act would create a schedule for the periodic review of rules by their title in the Code of State Regulations.

Each agency with rules under review would prepare a report with the results of the periodic rule review. The report would consider whether the rule:

• Continues to be necessary or is obsolete;
• Duplicates, overlaps or conflicts with other state, federal, or local rules;
• Needs changes or should be rescinded in order to reduce regulatory burdens on businesses, individuals or political subdivisions, or to eliminate unnecessary paperwork; and
• Whether a less restrictive, more narrowly tailored rule could adequately protect the public or accomplish the same statutory purpose.

Elections in Missouri

House Bill 1236, handled in the Senate by Sen. Parson, would modify the paperwork requirements for the formation of a new political party and the nomination of independent candidates. In addition, 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.

County Officers

Handled in the Senate by Sen. Mike Parson, R-Bolivar, HB 1106 would modify provisions relating to public offices that have statutory bond requirements.

More specifically, the bill would establish minimum qualifications for the offices of county collector and county treasurer-collector. Except for county collectors in charter counties, a candidate for these offices would need to be at least 21 years of age, a resident of the state and the county in which he or she will serve for one year prior to filing for office, and a registered voter. This provision is similar to language found in SB 671, sponsored by Sen. Parson.

Political Subdivisions

Shepherded in the Senate by Sen. Jay Wasson, R-Nixa, HB 1400, among other provisions, would address political subdivisions’ deposit accounts.

As is currently written, political subdivisions and public entities can invest funds not immediately needed in certificates of deposit. The act would allow such entities to invest the funds in any deposit account. Current law also provides that the financial institution receive the same amount of deposits from customers of other financial institutions at the same time the public funds are deposited and the certificates of deposit are issued. House Bill 1400 would require the financial institution to receive the same amount of deposits on the same date the public funds are deposited. Similar language can be found in SB 813, sponsored by Sen. Ron Richard, R-Joplin.

Developing a Land Bank Agency in Kansas City

Handled in the Senate by Sen. Callahan, HB 1659 would authorize Kansas City to create a land bank agency by adopting an ordinance or resolution. All property held by a land trust that is within Kansas City would be required to be transferred to the land bank within a year after the city adopts the ordinance or resolution creating the land bank agency. Land bank property and income are exempt from state and local taxes.

In addition, the land bank would have the power to borrow money, issue bonds, contract, invest money, and acquire, develop, demolish, rehabilitate, lease, sell, or otherwise dispose of real estate. The land bank would not have the power of eminent domain. To carry out its functions, the land bank could hire staff and contract with political subdivisions for staffing services. House Bill 1659 requires the land bank agency to have the approval of the municipality that created the land bank to issue bonds. Before the land bank could take certain actions, such as incurring debt, the action must be authorized by a majority of the entire board membership by role call vote.

Senator Callahan sponsored a similar measure (SB 795) in the upper chamber.

Protecting Missourians’ Water Supply

To protect residents’ water supply in southeast Missouri, HB 1179, handled by the Senate President Pro Tem, would prohibit large water consumers from taking and transporting water from within the Southeast Missouri Regional Water District to locations outside the District, if taking and transporting the water interferes with the normal water usage of certain other large water consumers. If such interference occurs, the Attorney General or the affected parties would be able to seek an injunction.

Helping Agriculture Prosper in Missouri

House Concurrent Resolution 8 states that the Legislature disapproves the regulation filed by the State Tax Commission on Dec. 23, 2011, that established new values for certain agricultural and horticultural property based on the land's productive capability. The State Tax Commission is required to set the value for each of the eight grades of agricultural land based upon productive capability for use by county assessors to determine property tax liabilities.

Several lawmakers expressed that the proposed land values were excessive and that increased taxes would hamper the agriculture industry.

This measure is similar to SCR 19, sponsored by Sen. Brian Munzlinger, R-Williamstown.

Other measures on their way to the governor’s desk include:

• House Bill 1340, handled by Sen. Wasson, would allow a county commission to appoint an interim county official to the offices of county clerk, auditor, or assessor when a vacancy occurs. The interim appointee would serve until the governor appoints a successor.
• House Bill 1495, also handled by Sen. Wasson, would expand the civil immunity provided to insurers for furnishing information related to insurance fraud investigations.
• House Bill 1329, handled by Sen. Mike Kehoe, R-Jefferson City, would modify laws regarding the issuance of temporary permit tags and the collection of sales taxes on motor vehicles, trailers, boats, and outboard motors.

A majority of these House bills would take effect on Aug. 28, 2012. The governor has until July 14 to sign or veto legislation. If he takes no action on a bill, that measure would become law on its effective date.

The Capitol Briefing will be posted on a monthly basis and will continue to report on the Missouri Senate’s legislative happenings.

To follow these and other issues facing the Missouri Senate, visit www.senate.mo.gov. Visitors can see a list of “truly agreed to and finally passed” bills, learn more about their state senator, and see a list of committees that will meet throughout the interim.

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 free subscription service.

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