JEFFERSON CITY - July 14 was the constitutional deadline for the governor to take executive action on legislation passed by the General Assembly. If no action was taken on legislation, by either approval or veto, then the legislation will be automatically enacted into law on its effective date.

More than 1,600 bills and resolutions were introduced in the Legislature this year. Of those, 113 reached the governor’s desk. The following measures were signed into law by the governor during July and will become law on their effective date, which for the majority of the bills is Aug. 28.

Veterans’ Job Legislation

House Bill 1680 signed by the governor on July 2, renames the Heroes at Home Program the Show-Me Heroes Program and expands it to include spouses of active duty military personnel, who will now be eligible for financial assistance under the initiative, including payment of overdue bills, transportation and daycare costs during job searches, vocational counseling and job-placement assistance.

The Show-Me Heroes Program was created in 2010 to help veterans find employment. The program makes available a number of services to veterans to aid them in gaining employment, including one-on-one assistance with staff at Missouri Career Centers. Employers can also take the “Pledge of Support to Missouri’s Veterans,” which signals their willingness to consider and hire citizens with military experience.

In May, the governor signed into law House Bill 1731, which creates a stable funding source for the state’s seven veterans’ homes. Both measures, HB 1680 and HB 1731, are part of lawmaker’s ongoing efforts to support the state’s military heroes.

To learn more about the Show-Me Heroes Program, click here or visit showmeheroes.mo.gov. 

Protecting the Elderly and Disabled in Missouri

Among the measures approved by the governor in July was Senate Bill 689, which modifies provisions relating to crimes against the elderly and disabled. The bill adds undue influence—using authority over an elderly or disabled person to take unfair advantage of that person—to the types of acts that constitute a crime of financial exploitation. The measure addresses a grey area in current law, which protects citizens against financial exploitation crimes involving force or intimidation, but not those committed using one’s influence over his or her victims.

The bill also broadens exploitation crimes to cover individuals in nursing homes and care facilities. If a person who receives funds on a resident’s behalf fails to remit money owed to the facility, he or she can be charged with financial exploitation. If convicted, offenders can be ordered to pay restitution to the facility, with the prosecuting attorney receiving 10 percent of the restitution payment as reimbursement for the cost of enforcement.

Promoting Math and Science in the Show-Me State

A number of measures relating to higher education in Missouri received executive approval this month. Senate Bill 563, sponsored by Sen. Bob Dixon, R-Springfield, seeks to encourage students’ interest in science and mathematics by creating the Missouri Science, Technology, Engineering and Mathematics Initiative within the Department of Higher Education. The goal of the program is to increase the number of students who enter these fields at higher education institutions in Missouri. 

The legislation also creates the Higher Education Capital Fund, a measure identical to legislation sponsored by Sen. Timothy Green, D-Spanish Lake, which allows the Legislature to appropriate money to match funds for capital construction projects at colleges and universities. Higher education institutions must raise 50 percent of the total cost of a capital project to receive the matching funds. The bill prohibits the colleges or universities from using the funding for revenue-generating projects, such as athletic facilities and student housing, and they cannot use operating budget funds, tuition, fees, bond revenues or state appropriations for their portion of the project’s cost.

Click here to listen to “This Week in the Missouri Senate” from July 13, which features a report on SB 563, including statements from Sen. Dixon.

“House of Worship Protection Act”

A measure sponsored by the Senate President Pro Tem to protect the right of Missourians to worship in peace was signed into law by the governor on July 10. Senate Bill 755, which received overall approval in the Missouri Senate, creates the crime of disturbing a house of worship if an individual intentionally disturbs a building used for religious purpose by using profanity, rude or indecent behavior, or making noise.

A person can be convicted of the crime for engaging in such behavior within the premises, or close enough to the building that services are disturbed, and if she or he intentionally injures, intimidates or interferes with any person exercising the right to religious freedom or who seeks access to a house of worship.

Under the bill, a first offense is a Class B misdemeanor, a second is a Class A misdemeanor and a third or subsequent offense is a Class D felony.

Helping Children with Autism

House Bill 1563, handled in the Missouri Senate by Sen. Jay Wasson, R-Nixa, was one of a handful of measures approved by the governor on July 12. The bill will give more children with autism access to Applied Behavioral Analysis (ABA), a beneficial form of therapy. Under the bill, behavior analysts and assistance behavior analysts, who provide ABA, can receive a provisional, or temporary, license through the state. These individuals will be required to work under a licensed behavior analyst and can only renew the provisional license for one year following the initial licensure. This measure will help expand the number of children with autism who can receive the beneficial form of therapy.

The legislation also authorizes Missouri colleges and universities to issue a document certifying the completion of a school social work program and requires the Department of Elementary and Secondary Education, the State Board of Education and the Office of Educator Quality to recognize certified school social workers, among other provisions.

Minimal Yellow Light Standards in Missouri

Senate Bill 611, signed by the governor on July 9, requires the Missouri Department of Transportation to establish a minimal yellow light change interval time for traffic lights based on nationally recognized standards set by the Manual of Uniform Traffic Control Devices. No yellow lights in Missouri could be set below this standard. The measure will create consistency for traffic lights across the state.

Also in the bill is a provision that amends Missouri’s “Move Over Law” so that drivers approaching emergency vehicles or MoDOT vehicles displaying amber and white lights change lanes, if possible. The act will help ensure the safety of emergency workers and MoDOT employees. Senate Bill 470 contains a similar measure.

Regulatory Reform

On July 13, Senate Bill 469, sponsored by Sen. Dixon, received executive approval. The legislation requires all state regulations be subject to a periodic review every five years to determine if the rules are outdated, duplicative, conflict with other state rules, are unnecessarily burdensome to businesses, individuals or political subdivisions, or if a less restrictive or more narrowly tailored rule could accomplish the same purpose. Rules that affect small businesses in particular must be justified by the appropriate agency, taking into account the specific purpose of the rule or how it serves the interest of the public. Supporters of the measure claim SB 469 will eliminate much of the governmental red tape that hinders job creation. A similar bill, House Bill 1135, handled in the upper chamber by Sen. Dixon, was also signed into law.

Ensuring the Safety of Missouri Children

A measure designed to increase protections for Missouri children was signed into law by the governor on July 10. House Bill 1323 modifies regulations relating to child care facilities. Known as Sam Pratt’s Law, named after a young boy who died at an unlicensed day care, the bill allows a court with a case involving the abuse, neglect or death of a child to prohibit the defendant from providing child care services for compensation. The legislation also requires any child care facility to share its licensure status with parents and guardians. 

In addition, HB 1323 contains a provision that changes the procedure for child abuse hotline calls and investigations by the Children’s Division within the Department of Social Services. The act will require any hotline worker or caseworker involved in a case where a child is seriously injured or dies to receive an evaluation regarding their competency to handle his or her duties; require the Children’s Division to review cases of repeated hotline calls in a 72-hour time period to see if they meet the criteria to initiate a child abuse and neglect report; and prohibit case workers from leaving a business card, pamphlet or other identifying information if there is no person present at the time of the home visit if the alleged abuser resides at the home, among other measures.

Multiple Measures Signed Into Law Before Deadline

The following measures were also approved by the governor. The effective date for the majority of legislation signed into law is Aug. 28. However, those that contained an emergency clause took effect upon the governor’s signature. The bills approved include:

• Senate Bill 562, sponsored by Sen. Dixon, modifies provisions relating to the transfer of property by state universities. The legislation allows the appointed boards that oversee public universities to enter into lease agreements without authorization by the General Assembly. However, the sale of property still requires approval by lawmakers. The bill, signed by the governor on July 5, contained an emergency clause, putting it into immediate effect.
  
• Senate Bill 595, sponsored by Sen. Will Kraus, R-Lee’s Summit, transfers special education due process hearings from the State Board of Education to the Administrative Hearing Commission, a neutral, independent administrative tribunal. These cases often arise from parents’ concern that school districts are out of compliance in following a student’s Individual Education Plans. 
  
• House Bill 1818, handled in the upper chamber by Sen. Mike Kehoe, R-Jefferson City, changes the definition of residential property to include time-share units for property tax purposes. The bill also contains a provision sponsored by Sen. Jane Cunningham, R-Chesterfield, which requires county assessors to take into account the impact of foreclosures and bank sales on the housing market when establishing the value of property.
  
• Senate Bill 636, sponsored by Sen. Joseph Keaveny, D-St. Louis, modifies provisions relating to the judiciary. The legislation establishes the Joint Committee on Child Abuse and Neglect tasked with studying and analyzing the state child abuse and neglect reporting and investigation system; lowers the age at which the juvenile court has jurisdiction over a child involved in a state or local traffic violation to 15 years of age; allows the board of probation and parole to conduct hearings with offenders via videoconference; and requires the circuit clerk for the 22nd judicial circuit, located in St. Louis, be appointed by a majority of judges of that circuit, among other measures.
  
• House Bill 1462, carried in the upper chamber by Sen. Brian Munzlinger, R-Williamstown, extends the time period that a biodiesel producer is eligible to receive payment from the Missouri Qualified Biodiesel Producer Incentive Fund. Currently, a producer is eligible to receive funds for up to five years, unless it fails to receive the amount due to a lack of appropriations, in which case it is only eligible for an additional two years. This bill removes that limitation and allows a producer to be eligible for the funds until the full amount due is paid out by the state.
  
• House Bill 1108, handled in the Missouri Senate by Sen. Mike Parsons, R-Bolivar, requires telecommunications carriers and certain commercial mobile service providers to give caller information to law enforcement officials or agencies during certain emergency situations and prohibits those carriers from being held liable for providing that information. Currently, law enforcement and emergency personnel can trace landlines, but tracing the location of a cell phone requires the cooperation of the cell phone carrier. This bill ensures that information will be available to law enforcement if necessary.
  
• Senate Bill 631, also sponsored by Sen. Parson, is an omnibus agricultural bill. Among its provisions is an act that requires employees of animal agricultural operations who videotape suspected animal abuse provide the recording to law enforcement within 24 hours. The bill also prohibits the recording from being edited in any way. Violations of the act are a Class A misdemeanor.
  
• Senate Bill 599, sponsored by the Senate Appropriations Chairman, modifies several provisions relations to education. The legislation requires school districts to include in their school accountability report whether the district has a state-approved gifted education program and the number of students in the program; establishes standards for agricultural education; provides staffing support for career and technical student organizations; and allows public and charter schools to teach CPR under certain guidelines, among other provisions.
  
• House Bill 1280, handled in the Missouri Senate by Sen. Wasson and identical to a bill he sponsored, establishes a peer review process for services provided by licensed architects, landscape architects, professional land surveyors or professional engineers. The bill also removes any civil liability from the reviews, under certain conditions.
  
• House Bill 1315, ushered through the upper chamber by Sen. Ryan McKenna, D-Crystal City, requires a leave of absence be granted to state employees and certain other employees who are members of the U.S. Coast Guard Auxiliary when performing authorized military duties.
  
• Senate Bill 489, sponsored by Sen. Munzlinger, modifies provisions relating to weapons. In 2011, the Legislature increased the training requirements to receive a concealed carry weapon endorsement. This bill contains a provision that adopts a grandfather clause for those who were issued a firearms safety training certificate before the date the standards were increased, so they can receive a concealed carry endorsement without having to retake the training course. 

Vetoed Legislation 

Of the more than 100 measures passed out of the Legislature this year, the governor vetoed 14. One of the most high-profile bills to receive the governor’s veto was Senate Bill 749, sponsored by Sen. John Lamping, R-Ladue, which would have provided protection for the religious beliefs of people and health care entities regarding the imposition of certain health care services such as abortion, contraception or sterilization. The governor indicated Missouri law already contains protections for the religious beliefs of employers and employees, making SB 749 unnecessary. Majority members in both chambers have signaled they will attempt an override of the veto during the annual veto session in mid-September. Overriding a veto requires a two-thirds majority vote in each chamber.

Click here to listen to “This Week in the Missouri Senate” from July 20, which features a report on the veto of SB 749, including statements from Sen. Lamping.

Also among the measures vetoed by the governor was Senate Bill 566, sponsored by Sen. Dan Brown, R-Rolla, which would have required owners of cats and dogs suspected of carrying rabies to provide documentation of the animal’s rabies vaccination or else surrender the animal, and allowed a licensed veterinarian to euthanize the surrendered animal if he or she deemed it necessary.   

Legislation is not always vetoed on policy grounds. Often, the governor will veto measures that were passed as language in other bills or are otherwise duplicative. Such was the case with Senate Bill 607, which would have established a procedure for resetting billboards during periods of highway construction. Because a similar act was passed in House Bill 1402, the governor chose to veto the nearly duplicative bill.

One Fiscal Year Ends, Another Begins

Missouri ended Fiscal Year 2012 on June 30 with a budget passed before its constitutional deadline and economic growth slightly above the predicted rate.

In crafting the 2012 fiscal year budget, lawmakers based their appropriations on a predicted 2.7 percent growth from the previous year. Those numbers ended up being slightly below the mark, with growth clocking in at around 3.2 percent for FY 2012, or what amounts to an additional $39 million more in general revenue than anticipated.

According to the state Budget Director, the higher revenues mostly came from increased individual income tax collections, which were up 3.8 percent from 2011. Sales and use tax collections also increased, from around $1.1 billion in Fiscal Year 2011 to $1.87 billion in 2012.

The higher than expected growth was welcome news as the budget for Fiscal Year 2013 began on July 1. The budget for the next fiscal year totals more than $24 billion.

Shortly before taking effect, the governor announced a number of withholdings and line-item vetoes for the spending plan approved by the General Assembly, including around $8 million withheld from higher education and $1.7 million in initial restrictions for K-12 education.

To follow these and other issues facing the Missouri Senate, visit www.senate.mo.gov. Visitors can track legislation considered by the General Assembly during the 2012 legislative session, learn more about their Senate 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.
• 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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