JEFFERSON CITY – This week lawmakers in the upper chamber considered the first measure to move to the full Senate for debate.  Numerous measures also work their way out of Senate committees for possible debate in the upper chamber.  The first House bill this session also makes its way over to the Senate for its consideration.

Legislation Moves to the Full Senate for Debate

Senate Bill 507, sponsored by Sen. Bob Dixon, R-Springfield, is the first bill to reach the full Senate for debate this session.  His legislation changes the state’s gubernatorial appointment process for acting directors, as well as the process for filling vacancies in certain public offices.  The bill would require the governor to issue a writ of election within 30 days if a vacancy occurs in the House or Senate.  Regarding appointments to the governor’s boards and commissions, if the governor does not appoint a new member within 60 days after the vacated term is expired, then the position is considered vacant.

The measure also creates the Executive Branch Accountability Act of 2014, which would require:

• The governor to issue a writ of election if the office of lieutenant governor becomes vacant within 30 days of the vacancy for an election to be held at the next general election;
• The appointment of any executive department of division director, as well as any member of an administrative board or commission, be made by and with the advice and consent of the Senate; and
• The governor to immediately appoint a person to fill the vacancy in the office of Attorney General, State Auditor, Secretary of State, or State Treasurer until a successor is elected in the next general election.

In addition, the bill creates a process for certain state departments to fill vacant department head positions, among other provisions.

Senate Bill 507 contains a referendum clause.  If Senate Joint Resolution 30, also sponsored by Sen. Dixon, is approved by voters, the Missouri Constitution would be amended to require the governor to appoint acting department heads only in the manner provided by law and change the process by which the governor makes appointments to fill vacancies in public offices, subject to Senate oversight. 

Another passing vote would send Senate Bill 507 over to the House for further consideration.

The Senate’s Daily Audio/Video Clips for Jan. 28 feature Sen. Dixon (Cut 2)brining up Senate Bill 507 for debate in the Senate chamber.  He is joined in debate by his colleagues Sen. Eric Schmitt, R-Glendale(Cut 3), and Sen. Paul LeVota, D-Independence(Cut 4).  Additional debate on the bill includes Senate Minority Floor Leader Jolie Justus, D-Kansas City (Cut 3) and Sen. Dixon (Cut 4) from the Senate’s Daily Audio/Video Clips for Jan. 30.

Committee Meetings

On Monday, the Senate Financial and Governmental Organizations and Elections Committee held a hearing on Senate Bill 511, sponsored by Sen. Will Kraus, R-Lee’s Summit.  His legislation would establish photo ID requirements for voting.  The bill lays out the qualification for photo identification and allows those who are unable to obtain a photo ID to fill out a provisional ballot.  All costs incurred by the election authority associated with implementing the new ID requirements would be reimbursed by appropriation through general revenue.  The state would have to provide at least one form of ID required to vote at no cost to the voter.  Senate Bill 511 is contingent on the passage of a constitutional amendment, Senate Joint Resolution 31, establishing voter photo IDs for election.  This resolution, sponsored by Sen. Kraus, was also heard by members of this committee on Monday.

Later in the week,  this committee also voted out Senate Bill 630, sponsored by Sen. Wayne Wallingford, R-Cape Girardeau.  His legislation would allow anyone running for office who has a physical disability or is on active duty in the Armed Forces to select a representative to draw a number on behalf of the candidate in order to establish his or her name placement on the ballot.   Since the measure was voted out of committee as a consent bill, it’s considered noncontroversial and expected to move quickly through the legislative process.   

In the Senate Judiciary and Civil and Criminal Jurisprudence Committee on Monday, senators heard testimony on Senate Bill 519, sponsored by Sen. David Sater, R-Cassville.  This act would change the state’s current waiting period for women to have an abortion from 24 hours to 72 hours.

The Judiciary Committee also held a hearing on Senate Joint Resolution 27, sponsored by Sen. Rob Schaaf, R-St. Joseph.  This proposed constitutional amendment, if approved by voters, would protect an individual’s electronic communication and data from unreasonable searches and seizures performed by the government, stating a warrant — supported by probable cause — must describe the sought after information.

On Tuesday, members of the Seniors, Families and Pensions Committee heard testimony on legislation sponsored by Sen. Doug Libla, R-Poplar Bluff.  Senate Bill 530 sets out to change how parental rights are terminated by adding to the circumstances under which a parent is considered unfit as a result of a consistent pattern of committing a specific abuse.  The bill is designed to provide incentives to parents of children who are removed from their homes because of illegal drug use, manufacture or distribution, encouraging these individuals to seek out treatment for rehabilitation.  In addition, the legislation speeds up the process of terminating parental rights for those parents who are deemed unfit under the bill. 

Later on in the week this same committee gave its approval to Senate Bill 518, sponsored by Sen. Sater.  This measure would extend the Mo HealthNet Managed Care program statewide by July 1, 2015, for all benefit and eligibility groups currently enrolled in a managed care plan as of Jan. 1, 2014.  Currently, MO HealthNet Managed Care is in 54 Missouri counties located in the eastern, central and western regions of the state, and serves as the statewide medical assistance program for low-income families, pregnant women, and children.

In the Senate Small Business, Insurance and Industry Committee, members held a hearing on Senate Bill 546, sponsored by Sen. John Lamping, R-Ladue.  This act would change the Health Care Freedom Act, which was approved by state voters in 2010, by restating Missouri’s public policy of allowing its citizens the freedom to choose or decline to choose any mode of securing health care services without facing a penalty and states that it is against the state’s policy to implement or operate a health insurance exchange in the Show-Me State, among other provisions.

This same committee also heard testimony on Senate Bill 663 and Senate Bill 668.  Both measures, sponsored by Sen. Brian Munzlinger, R-Williamstown, and Sen. Ryan Silvey, R-Kansas City, respectively, relates to insurance companies covering chemotherapy treatments.  Currently, there are different out-of-pocket costs for oral and intravenously administered chemotherapy medications.  These bills would require insurance companies that already offer coverage for both mediations taken by mouth and injection to require the same out-of-pocket costs for each option.  The bill also prohibits raising the amount patients pay out-of-pocket for drugs administered by injection.

The General Laws Committee gave its approved to Senate Bill 613, sponsored by Sen. Brian Nieves, R-Washington.  His bill, also known as the Second Amendment Preservation Act, lists various declarations of the Missouri General Assembly regarding the U.S. Constitution and the scope of the federal government’s authority.  The legislation also declares invalid all federal laws that infringe on the right to bear arms under the Second Amendment to the U.S. Constitution and Article 1, Section 23, of the Missouri Constitution.  Other provisions address the state’s open carry ordinance, school protection officers, information regarding health care professionals and firearms, concealed carry permits, and the unlawful possession of a firearm.

Senate Concurrent Resolution 22, sponsored by Sen. Mike Cunningham, R-Rogersville, received a hearing in the Senate Rules, Joint Rules, Resolutions and Ethics Committee.  This resolution urges the National Park Service to taken no action on its general management plan for the Ozark National Scenic Riverways, specifically designated areas that are given extra protection and recognition due to their scenic and scientific values.  In addition, it requests the U.S. Department of Interior to work with the Missouri Department of Conservation and negotiate a return of these riverways to the Show-Me State.

This same week the Resolutions Committee held a hearing on legislation filed in response to the recent increase in propane prices.  Senator Mike Parson, R-Bolivar, is sponsoring Senate Resolution 1168, urging the U.S. Department of Justice to investigate the price of propane, the price disparity of propane among storage facilities, and the supply shortage of propane available to consumers.  This action prompted several senators to speak out against the increase, and this week Missouri’s Attorney General announced an investigation, called upon by senators, regarding the recent propane gas price hikes. 

The Senate Education Committee on Wednesday heard testimony on Senate Bill 493, sponsored by Sen. David Pearce, R-Warrensburg.  Several bills have been filed this session relating to the school accreditation and student transfer issue currently affecting both the eastern and western metropolitan areas of our state.  In addition to addressing school accreditation and student transfers, Senate Bill 493 also creates a statewide achievement school district that would take effect Jan. 1, 2014.  Under the bill, the State Board of Education would transfer underperforming schools located in unaccredited school districts to the jurisdiction of the achievement district, responsible for administering and overseeing these underperforming schools.  State aid and local funding would be divided between the district with the underperforming school and the achievement district on a weighted average daily attendance basis. 

The Senate’s Daily Audio/Video Clips for Jan. 29 feature Sen. Pearce (Cut 3) and Sen. Jason Holsman, D-Kansas City (Cut 4), discussing Senate Bill 493 in the Senate Education Committee. 

Also on Wednesday, the Senate Jobs, Economic Development and Local Government Committee held hearings on three measures relating to tax credits:  Senate Bill 638, sponsored by Sen. Gary Romine, R-Farmington, would raise the fiscal year cap on the Pregnancy Resources Center Tax Credit from $2 million to $2.5 million; Senate Bill 647, sponsored by Sen. Scott Sifton, D-Affton, would raise the fiscal year cap on the Food Pantry Tax Credit from $1.25 million to $2 million; and Senate Bill 666, sponsored by Sen. Schmitt, would create an income tax credit equal to three-quarters of a percent (.75) of the value of a taxpayer’s residential real property.

The Senate’s Daily Audio/Video Clips for Jan. 29 include Sen. Romine (Cut 1) and Sen. Sifton (Cut 2) during respective hearings on Senate Bill 638 and Senate Bill 547 in the Senate Jobs, Economic Development and Local Government Committee. 

Thursday included a meeting of the Senate Ways and Means Committee, which heard testimony on Senate Bill 513, sponsored by Sen. Lamping.  The bill creates an income tax credit of $400 per child for individuals able to claim a dependency deduction for a qualifying child on their federal income taxes.  This nonrefundable, nontransferable tax credit would be available to individuals with a Missouri adjusted gross income more than $46,100 and married couples with a combined Missouri adjusted gross income of more than $92,200.

The Senate’s Daily Audio/Video Clips for Jan. 30 feature Sen. Lamping (Cut 1) and Sen. Sifton (Cut 2) discussing Senate Bill 513 during its hearing in the Senate Ways and Means Committee.  

The Senate Veterans’ Affairs and Health Committee held a hearing on legislation sponsored by Sen. Dan Brown, R-Rolla, which addresses information shared to patients regarding their mammography.  Beginning Jan. 1, 2015, Senate Bill 639 would require facilities to share with patients their mammogram results that show they have dense breast tissue, which might hide abnormalities that could be further examined by a supplemental screening.

As committees advance legislation to the full Senate for debate, House bills are starting to make their way over to the upper chamber for its consideration.  House Bill 1125, which was referred to the Senate Financial and Governmental Organizations and Elections Committee on Thursday, would allow representatives of military candidates and those with disabilities to draw numbers to establish ballot order.  This measure is similar to Senate Bill 580, sponsored by Sen. Kraus, and Senate Bill 630, sponsored by Sen. Wallingford. 

Senators Continue to Introduce Bills

Nearly 40 new bills were filed this week in the Senate that address the increased price for propane, a possible funding mechanism to maintain and build state infrastructure, and the methods and policies surrounding executions in the state.

Senator Justus filed Senate Bill 787, creating the Capital Sentencing Procedures and Protocols Commission.  The commission would be responsible for determining the procedures for administering the death penalty.  However, it would not make any policy decisions regarding whether or not the death penalty should be administered.  The bill would require the state to stop all executions until the commission has promulgated rules or one year after the act goes into effect.  Since the bill has an emergency clause, it would become law upon the governor’s signature.

The Senate’s Daily Audio/Video Clips for Jan. 28 include Sen. Justus (Cut 1) introducing Senate Bill 787 on the floor of the Missouri Senate. 

Another bill introduced relating the death penalty was Senate Bill 804, sponsored by Sen. Schaaf.  This legislation would change the rulemaking provisions related to executions, prohibit the use of paper money to buy execution drugs, and bar certain individuals from serving as members of execution teams. 

A measure filed by Sen. Dixon addresses those who are convicted of first degree murder when they were under the age of 18.  Current law states that offenders who were under the age of 18 at the time they commit first degree murder must be sentenced to life in prison without parole.  Senate Bill 790 addresses the June 2013 U.S. Supreme Court case that stated mandatory life sentences without parole for juvenile criminal offenders is unconstitutional.  As a result, there is no punishment for first degree murder under current Missouri law that is enforceable against those who committed murder before they turned 18.  Under this act, anyone who was 16 or 17 years old at the time of the crime may be sentence to either imprisonment for at least 50 years or life without parole; a person who was under the age of 16 may be sentence to 35 years or life without parole.

Senator Mike Kehoe, R-Jefferson City, filed Senate Joint Resolution 48, which would, upon voter approval, impose a temporary one-cent sales and use tax for transportation purposes.  Missouri voters would have the option of raising the state sales and use tax by one percent for a period of 10 years, in which the tax would expire, unless renewed by voters.   The temporary sales and use tax measure would be resubmitted to voters every 10 years until it is defeated.

Legislation that would repeal the prohibition on a quality rating system for early childhood education that is not establish through Missouri statute was filed this week by Sen. Brad Lager, R-Savannah.  Senate Bill 795 would lift the ban on higher education institutions, government entities and quasi-government entities from establishing, operating, maintaining, offering incentives to participate in, or mandating participation in a quality rating system for early childhood education without statutory authority.

Senator Ed Emery, R-Lamar, introduced a measure that would modify provisions relating to elementary and secondary education standards and assessments in Missouri.  Senate Bill 798 addresses the Common Core State Standards, which define the education level students should obtain during their K-12 education.  This act require the State Board of Education to convene work groups whenever it develops, evaluates, modifies or revises academic performance or learning standards for the state.  It also prohibits the board from implementing or taking any action relating to the Common Core State Standards, and school districts and charter schools would be prohibited from using these standards to comply with the requirement to provide instruction, among other provisions.

Senate Concurrent Resolution 29, filed by Sen. Wallingford, would establish the “Juvenile Justice Task Force” which would make recommendations for juvenile justice reform on raising the age of juvenile court jurisdiction to age 18, remove juveniles from adult jails pre-trial, and revise the age of certification to adult court. 

Another concurrent resolution, this one sponsored by Sen. Justus, relates to the ratification of the Equal Rights Amendment to the U.S. Constitution.  The resolution would ratify an amendment passed by Congress in 1972 that stated “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.  The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.  This amendment shall take effect two years after the date of ratification.”  Thirty-five states ratified the proposed amendment before the deadline.  Senate Concurrent Resolution 30 states “the state of Missouri finds that the proposed amendment is meaningful and needed as part of the U.S. Constitution and that the present political. Social and economic conditions are the same or are even more demanding today than they were when the proposed amendment was first submitted for adoption.”

Lawmakers in the upper chamber have until the end of February to file legislation for the 2014 legislative session.  Senators are scheduled to return to the floor on Monday, Feb. 3, at 4 p.m.  For more legislative news, please visit the Senate newsroom at www.senate.mo.gov/newsroom, where you will find various audio and video programs and other informational services.