JEFFERSON CITY – Despite the bout of winter weather that hit the Capital City this week, lawmakers in the Senate continued their work to advance bills through the legislative process, sending the first round of Senate bills over to the House for its consideration.

First Senate Bills Head to the House

One of the first bills delivered to the House of Representatives for its consideration this session would change how the governor appoints acting directors of state departments and agencies, and fill vacancies for certain state public offices.  Senate Bill 507, sponsored by Sen. Bob Dixon, R-Springfield, creates the Executive Branch Accountability Act of 2014.  Under this act, the governor would be required to issue a writ of election if the office of lieutenant governor becomes vacant within 30 days of the vacancy and the position would be filled at the next general election; the appointment of any executive department or division director, including any member of an administrative board or commission, would be made by and with the advice and consent of the Senate; and the governor would be required to immediately appoint a person to fill the vacancy in the office of Attorney General, State Auditor, Secretary of State, or State Treasurer until someone is voted in during the next election.

Senate Bill 507 would also require the governor to issue a writ of election within 30 days to fill an open seat in the House or Senate, and states that if the governor does not appoint a new member to one of the more than 200 state boards and commission within 60 days after the vacated term is expired, then the position is consider vacant.  In addition, the legislation creates a process for certain state departments to fill vacant department head positions.

Along with this bill, Senate Joint Resolution 30, sponsored by Sen. Dixon, also advances to the House.  Senate Bill 507 contains a referendum clause, meaning certain provisions of the measure can only take effect if SJR 30 reaches the governor’s desk and is signed into law.  This constitutional amendment, if approved by voters, would 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.

The Missouri Senate this week also gave its final approval to a series of telecommunications infrastructure bills sponsored by Sen. Brad Lager, R-Savannah.  Senate Bill 649 addresses public utility right-of-way access; Senate Bill 650 relates to wireless communications infrastructure deployment; Senate Bill 651 pertains to cause of action in court against a communications-related service provider; Senate Bill 652 addresses utility access to railroad right-of-way; and Senate Bill 653 relates to municipal utility poles.  These bills establish a statewide process for telecommunications companies to make infrastructure repairs and improvements.  Provisions found in these five measures were included in legislation passed by the Senate last year; these bills simply separate each provision into a stand-alone bill.

Senate Bill 639, sponsored by Sen. Dan Brown, R-Rolla, is also on its way over to the House.  This measure addresses those Missourians who receive screenings for breast cancer by requiring facilities that perform mammograms to provide additional information to patients if their mammogram demonstrates they have dense breast tissue. This information would let patients know that dense breast tissue could hide abnormalities and they might benefit from supplemental screenings.

The Senate’s Daily Audio/Video Clips for Feb. 6 feature Sen. Brown (Cut 7) and Sen. Gina Walsh, D-Bellefontaine Neighbors (Cut 8), discussing Senate Bill 639 on the Senate floor.

Numerous Bills Debated by Full Senate

Lawmakers spent much of their time on the Senate floor this week debating legislation that address funding mechanisms for higher education institutions, a series of bills relating to communications services, a measure that examines parental rights, and a bill that would extend managed care for Missourians to certain populations throughout the state.  Each of these measures are still pending first-round approval in the Senate.

Senate Bill 492, sponsored by Sen. David Pearce, R-Warrensburg, who also chairs the Senate Education Committee, would require public four-year higher education institutions, the State Technical College of Missouri, and the Department of Higher Education to develop a funding model that incorporates performance-based funding for Missouri’s public four-year colleges and universities, including State Technical College of Missouri.  At least 90 percent of annual increases in appropriations from the previous fiscal year’s state funding level will be distributed based on performance measures, and no more than 10 percent will be distributed to address inequitable state funding on a per student basis, per credit hour basis, or a combination of the two.  The Coordinating Board for Higher Education, in collaboration with the specified institutions and the Joint Committee on Education, would be required to develop and adopt at least five institutional performance measures by July 1, 2015, which would be evaluated and revised, if necessary, every three years.

The Senate’s Daily Audio/Video Clips for Feb. 6 include Sen. Pearce (Cut 1) discussing Senate Bill 492 on the Senate floor. 

Legislation sponsored by Sen. David Sater, R-Cassville, would extend the MO HealthNet Managed Care program statewide by Jan. 1, 2015, for all eligibility groups that are currently enrolled in a managed care plan as of Jan. 1, 2014.  Right now, this managed care is in 54 Missouri counties and serves as the statewide medical assistance program for low-income families, pregnant women and children.  Senate Bill 518 would require the Missouri Department of Social Services to develop a transitional Medicaid payment plan in order to continue and preserve payments that are consistent with current Medicaid levels for community mental health centers, allowing private insurance companies to offer managed-care Medicaid policies that include health incentives for Missourians.  In addition, the legislation would drive providers to hold down costs for health care services. 

The bill would require the Missouri Department of Social Services to develop a transitional Medicaid payment plan in order to continue and preserve payments that are consistent with current Medicaid levels for community mental health centers. This action would allow private insurance companies to offer managed-care Medicaid policies that include incentives for Missourians to take a path toward a healthy lifestyle. While at the same time, Senate Bill 518 would provide incentives to providers that hold down costs for health care services.  This legislation was spurred by recommendations made by members of the Senate Interim Committee on Medicaid Transformation and Reform, which used the time between the 2013 and 2014 legislative session to examine ways to reform MO HealthNet by improving its efficiency, financial stability and delivery of care.

The Senate’s Daily Audio/Video Clips for Feb. 6 include Sen. Kurt Schaefer, R-Columbia (Cut 5), and Sen. John Lamping, R-Ladue (Cut 6), discussing Senate Bill 518 in the Senate Chamber. 

Senate Bill 530, sponsored by Sen. Doug Libla, R-Poplar Bluff, addresses parental rights for those parents whose children have been removed from their home due to parents’ illegal drug use, manufacture or distribution.  The legislation provides incentives to parents to seek out treatment for drug rehabilitation in a timely manner and speeds up the process of terminating parental rights for those parents who are deemed unfit, ultimately reducing the amount of time children have to wait in the state’s foster care system before they can be adopted.

Legislation from the House Incorporated into Senate Committees

One of the first House bills to make its way over to the Senate was heard in the Senate Financial and Governmental Organizations and Elections Committee on Monday.  Similar to legislation filed in the Senate, House Bill 1125 would allow individuals who are running for an elected office with physical disabilities or who are members of the Armed Forces on active duty to designate a representative that would draw for the absent candidates’ placement on an election ballot.  Currently, candidates must be present during the placement drawing.  Similar legislation in the Senate includes Senate Bill 580, sponsored by Sen. Will Kraus, R-Lee’s Summit, and Senate Bill 630, sponsored by Sen. Wayne Wallingford, R-Cape Girardeau. 

Another measure receiving a hearing in this committee was Senate Bill 694, sponsored by Sen. Mike Cunningham, R-Rogersville.  Missouri law now limits the number of payday loan renewals to six and requires a 5 percent reduction of the original principal amount beginning with the first renewal.  This act repeals these provisions and bars renewals and extension.  Under certain conditions, borrowers may pay outstanding loans by means of an extended payment plan. In addition, the bill would repeal current law that limits the total amount of accumulated interest and fees to 75 percent of the initial loan amount of the life of the loan, among other provisions.  The Senate Financial and Governmental Organizations and Elections Committee later in the week advanced the bill on to the full Senate for debate. 

The Senate Judiciary and Civil and Criminal Jurisprudence Committee also met on Monday to hear testimony on several measures.  Senate Bill 490, sponsored by Sen. Lager, modifies Missouri’s law relating to whistleblower protection by abrogating, or repealing, Missouri case law relating to the public policy exceptions to the employment at-will doctrine.  The bill would put into state statute that employers are barred from discharging or retaliating against those who report an unlawful act to their employer, human resources, or government or law enforcement agencies; report to their employer serious misconduct of their employer that violates a clear mandate of public policy; refuses to carry out a directive issued by their employer that would be a serious violation of law; or engages in conduct that is otherwise protected by statute or regulation that does not provide for a private right of action.  Employees’ protected conduct would also be the motivating factor in their employers’ discharge or retaliation under state statute.

This same committee also held a hearing on Senate Joint Resolution 34, sponsored by Sen. Ed Emery, R-Rogersville.  This proposed constitutional amendment, if approved by voters, would require all impeachments be tried by the Senate, rather than before the Missouri Supreme Court.  If the governor is tried, the Chief Justice of the Missouri Supreme Court would preside.  No person would be convicted without a two-thirds vote of all senators present. 

The Senate Judiciary and Civil and Criminal Jurisprudence Committee also voted out Senate Bill 491, advancing this bill on to the full Senate for possible debate.  This more than 1,000-page bill, sponsored by Senate Minority Floor Leader Jolie Justus, D-Kansas City, would revise Missouri’s criminal code, enacted in the late 1970s, which contain crimes and punishments, sentencing provisions, defenses, and principals of liability.   

On Tuesday, the Senate General Laws Committee heard testimony on Senate Bill 523, sponsored by Sen. Emery.  His legislation would prohibit school districts from requiring a student to use an identification device, such as a student ID badge, that uses radio frequency identification technology to identify the student, transmit information regarding the student, or monitor or track the location of the student. 

In the Seniors, Families and Pensions Committee on Tuesday, members of the panel heard testimony on several measures sponsored by Sen. Maria Chappelle-Nadal, D-University City.  Senate Bill 564 would require the Department of Health and Senior Services to strongly encourage all licensed long-term care facilities to institute policies that will encourage family involvement in the well-being and support of residents in these facilities.   Senate Bill 567 would establish uniformity across the state for adult day care programs.  Finally, the committee held a hearing on Senate Bill 570, which addresses several provisions relating to unauthorized and unlawfully present illegal residents, including those relating to law enforcement, sanctuary, public benefits, misclassification, employment, driver’s licenses, bail, harboring, and communications with the federal government.

The Senate Rules, Joint Rules, Resolutions and Ethics Committee also met on Tuesday.  Members voted to advance Senate Concurrent Resolution 22, sponsored by Sen. Cunningham, to the full Senate for possible debate.  The resolution urges the National Park Service to not take action on the Ozark National Scenic Riverways general management plan and requests this area to be returned back to Missouri Department on Conservation.

This committee also gave its approval to Senate Resolution 1168, sponsored by Sen. Mike Parson, R-Bolivar.  This resolution urges the U.S. Department of Justice to investigate the price increase of propane, the price disparity of this gas among storage facilities, and the supply shortage of propane available to consumers. 

On Wednesday, members of the Senate Education Committee heard two bills relating to the transfer of students to other school districts and school accreditation.  Senate Bill 516, sponsored by Sen. Chappelle-Nadal, also includes provisions addressing charter school closure expenses, special administrative boards, student assessment scores, parent notification of unaccredited district status and home visits, calculated of weighted average daily attendance, student promotion, teacher professional development, parent portals, and the length of school days and hours of instruction.

The committee also held a hearing on Senate Bill 624, sponsored by Sen. Paul LeVota, D-Independence, relates to school accreditation.  His measure would allow each district to establish and adopt a policy for desirable class size and student-teacher ratios and requires each accredited school district to report to the Department of Elementary and Secondary Education, which would post on its website, the number of available enrollment slots by grade level, among other provisions.

The Senate’s Daily Audio/Video Clips for Feb. 6 include Sen. LeVota (Cut 3) and Sen. Chappelle-Nadal (Cut 4) presenting their respective bills, Senate Bill 624 and Senate Bill 516, to members of the Senate Education Committee. 

The Senate Jobs, Economic Development and Local Government Committee also met on Wednesday to hear testimony on Senate Bill 635, sponsored by Sen. Ryan Silvey, R-Lee’s Summit.  This bill addresses the “Border War,” between Missouri and Kansas regarding businesses relocating from one state to another to benefit from certain tax incentives.  The act would prohibit the issuance of incentives under the BUILD program, the new or expanded business facilities program, the Urban Enterprise Loan program, or the Missouri Works program for businesses that relocated from certain counties in Kansas (Douglas, Johnson, Miami, or Wyandotte) to certain counties in Missouri (Cass, Clay, Jackson, or Platte).  The legislation is contingent on the Kansas Legislature passing similar legislation or its governor issuing an executive order with a similar prohibition on these types of incentives for businesses. 

In the Senate Veterans’ Affairs and Health Committee on Thursday, members of the committee heard testimony on Senate Bill 502, sponsored by Sen. Rob Schaaf, R-St. Joseph.  The act states that mothers who breastfeed their children or express breast milk in a public or private location cannot constitute sexual conduct or sexual contact as defined under criminal law; or be considered an act of public indecency, indecent exposure, sexual conduct, lewd touching, or obscenity, among other provisions. 

Testimony on Senate Bill 716, sponsored by Sen. Brown, was also heard by members of this committee.  The legislation would require hospitals to offer flu shots to patients 65 or older before they are discharged between the dates of Oct. 1 and March 1, in accordance with the Centers for Disease Control and Prevention’s recommendations.

Lawmakers in Upper Chamber Introduce More Legislation

Senators continue their introduction of bills, with more than 30 measures filed this week in the upper chamber. 

Senate Bill 813, sponsored by Sen. LeVota, would increase the membership of the Missouri Ethics Commission from six to eight; one member would be appointed with the advice and consent of the Senate.   The legislation would also impose campaign contribution limits for individuals and committees in support of candidates running for public office.  Limits include $10,000 for governor, lieutenant governor, Secretary of State, treasurer, auditor, or attorney general; $5,000 for senators; $2,000 for representatives; and $2,000 for any other office, including those in the judicial branch. 

The Senate’s Daily Audio/Video Clips for Feb. 6 include Sen. LeVota (Cut 2) during session introducing Senate Bill 813.

Legislation sponsored by Sen. Scott Sifton, D-Affton, would establish the Missouri Immunization Registry.  Beginning Jan. 1, 2015, Senate Bill 817 would require every immunization provider to submit all vaccination records of adults and children in Missouri to an immunization registry established and maintained by the Department of Health and Senior Service.  The registry would be used to improve immunization rates for adults and children; eliminate duplication of immunizations and prompt standardization for the timing of immunizations for all age groups; reduce costs associated with over-vaccination; asses compliance with immunization requirements for school-age children; and provide immediate access to vaccination records in the event of an outbreak or epidemic, and to assist disaster response teams.  There would be options for citizens to opt-out of the registry.

Senator Wayne Wallingford, R-Cape Girardeau, filed Senate Bill 819, which would create the Fourth Amendment Protection Act designed to protect personal privacy from government intrusion.  The bill would, among other provisions, allow Missouri to refuse material support, participation or assistance to any federal agency that claims the power or uses any federal law to collect electronic data not based on a specified warrant.  The legislation also establishes limits and procedures for how certain entities may use student and teacher data.

Senate Bill 823, sponsored by Sen. Dixon, would make public employees who are participating in any retirement system established by the state of Missouri or any political subdivision that are found guilty of certain felonies ineligible for retirement benefits.  However, these employees would be able to request a refund of their contributions made to the plan, including interest.  Similar legislation, Senate Bill 550, sponsored by Sen. Sater, was heard in the Senate Governmental Accountability and Fiscal Oversight Committee on Wednesday.

Senator Joseph Keaveny, D-St. Louis, filed legislation that would prohibit the use of corporal punishment and the use of spanking to discipline students in schools.  Senate Bill 827 would require each school district’s discipline policy to ban this type of punishment.  The act would also prohibit this punishment in private schools. 

Senate Bill 831, sponsored by Sen. Wallingford, would establish the Missouri Good Samaritan Law.  Under this act, individuals would not be charged or prosecuted for possession of a controlled substance if, while acting in good faith, they seek or obtain emergency medical assistance for someone experiencing a controlled substance overdose.  However, the act would not interfere with or prevent the investigation, arrest, or persecution of any person involved with the delivery or distribution of various controlled substances, or other crimes. 

Legislation establishing a Health Care Directives Registry, sponsored by Sen. Gina Walsh, D-Bellefontaine Neighbors, was also filed this week.  Senate Bill 832 would require the Department of Health and Senior Services to provide a place to securely store a power of attorney for health care or a declaration — such as a living will — signed by an adult declaring their direction concerning their health care decision online and give authorized health care providers immediate access to them.

Senator Emery is sponsoring Senate Bill 838, which would create the Equal Opportunity Scholarship Program to grant scholarships to students from unaccredited school districts for certain educational costs.  The bill lays out the provisions for the scholarships, including eligibility requirements for students.

A measure that would expand the ban on using cell phones while driving to all drivers was also introduced.  Senator Pearce is sponsoring Senate Bill 840, which would include telephone calls in the ban, but allow cell phones to be used by drivers in a hands-free or voice-activated mode, which includes the use of a headset. 

A resolution supporting the reauthorization of federally provided terrorism reinsurance for insurers by the U.S. Congress to maintain stability in the insurance and reinsurance markets was filed this week in the Senate.  The measure, Senate Concurrent Resolution 31, was introduced by Sen. Parson.

This week the Senate acknowledged the anniversary of the fire that destroyed the State Capitol on Feb. 5, 1911.  During a thunderstorm that moved into the Capital City during the evening, a bolt of lightning hit the Capitol dome, sparking a fire that spread rapidly.  Then Gov. Hadley called out the National Guard  and the 13-man firefighting crew from the Missouri State Penitentiary showed up to help fight the flames.  Despite the efforts of bystanders moving out records and furniture to be saved, the building was a loss.  The State Capitol Commission Board was established to coordinate and supervise the construction of a new Capitol building, which is now the third built in Jefferson City and the sixth in the state.  Our current State Capitol, which cost approximately $3 million to construction between 1913 and 1917 covers approximately three acres and is considered one of the most beautiful Capitol buildings in the nation.

Lawmakers in the upper chamber return to the Senate floor on Monday, Feb. 10, at 4 p.m.