JEFFERSON CITY – The Senate this week advances more legislation to the House for its consideration and delivers the first bill of the 2014 legislative session to the governor’s desk for his signature.

Upper Chamber Delivers First Bill to Governor

The Missouri Senate this week delivered its first measure to the governor for his executive approval.  House Bill 1125, handled in the upper chamber by Sen. Will Kraus, R-Lee’s Summit, is similar to his sponsored Senate Bill 580.  The House measure would allow a person with a physical disability or a member of the Armed Forces on active duty filing a declaration of candidacy by certified mail to designate a representative for the ballot order random drawing.  Since this bill contains an emergency clause, if it is signed into law, Missourians who fall under the guidelines of this truly agreed to and finally passed legislation would be able to use a proxy to draw their name for placement on the next election ballot.

Senate Bills Moving on to the House of Representatives

Senate Bill 498, sponsored by Sen. Kurt Schaefer, R-Columbia, would allow civil cases to be brought against health care navigators that release private identifying information to anyone other than necessary entities in order to help Missourians obtain health insurance. In addition, health benefit exchange navigators would be required to be covered by a bond to pay any judgments awarded under this act.  In addition, Senate Bill 508, sponsored by Sen. Mike Parson, R-Bolivar, advances to the House.  His measure also pertains to health care navigators, requiring those applying for a license to take an exam and provide fingerprints in order to conduct Missouri and national criminal record reviews.

Senate Bill 526, sponsored by Sen. Mike Cunningham, R-Rogersville, would require the Division of Workers’ Compensation to develop and maintain a workers’ compensation claims database accessible to potential employers during their pre-hiring period upon written consent from potential employees to acquire records.  Those who fraudulently access the database, compel or coerce a potential employee to provide consent or require consent as a condition of employment would be guilty of a Class A misdemeanor.  This measure now goes to the House.

The Senate’s Daily Audio/Video Clips for Feb. 12 feature Sen. Cunningham (Cut 1) and Sen. Jason Holsman, D-Kansas City (Cut 2), before Senate Bill 526 receives its initial approval in the upper chamber.   

Legislation sponsored by Sen. Jamilah Nasheed, D-St. Louis, also advances to the House.  Senate Bill 532 would allow relative caregivers (competent adults who are related by blood, marriage or adoption, and are not legal parents or guardians), acting under an affidavit, to consent to medical treatment and educational services for a minor child who lives with that caregiver if the legal parents’ or guardians’ consent cannot be obtained.  In addition, parents may also delegate this consent authority to the relative caregiver in writing.  The bill would also relieve health care providers and schools of criminal and civil liability for medical treatment or educational services provided in good faith.

To protect more Missourians against predatory practices performed by certain building contractors, Sen. Scott T. Rupp, R-Wentzville, guided Senate Bill 610 through the Senate and on to the House.  The legislation extends consumer protections against predatory business practices by contractors to owners of commercial, not just residential, properties. 

If no changes are made to these bills in the House, then they advance to the governor for his signature into law.

Measures Receiving Senate’s Initial Approval

Lawmakers in the upper chamber this week spent time debating Senate Bill 613, sponsored by Sen. Brian Nieves, R-Washington.  The measure, 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 relating to the manufacture, ownership and use of firearms, firearm accessories, or ammunition.  The legislation also, among other provisions, declares that the General Assembly strongly promotes responsible gun ownership and condemns unlawful transfers of firearms and the use of a firearm in a criminal or unlawful activity.

An amendment offered by Sen. Nasheed states “upon becoming aware” that a firearm has been stolen, a person would have 72 hours to report the theft.  This amendment, which was later adopted, is similar to a provision found in legislation she is sponsoring this session.

Senate Bill 613 also prohibits political subdivisions from denying the right to openly carry a firearm if a person has a valid concealed carry permit; allows school districts to designate school protection officers who are authorized to carry a concealed firearm; prohibits those responsible for documenting medical records from disclosing information regarding a person’s status as a firearm owner, except under certain circumstances; lowers the age to qualify for a concealed carry permit from 21 to 19; and makes it an offense of unlawful possession of a firearm if individuals are illegally in the United States.  The bill went on to receive first-round approval in the Senate.

The Senate’s Daily Audio/Video Clips for Feb. 11 include Sen. Nieves (Cut 1) and Sen. Nasheed (Cut 2) discussing Senate Bill 613 on the Senate floor.  Clips posted on Feb. 13 feature Sen. Nasheed (Cut 3) and Sen. Nieves (Cut 4) during a joint press availability to speak to reporters about an amendment offered by Sen. Nasheed that was adopted and added to Sen. Nieves’ Senate Bill 613.

The Senate this week adopted Senate Resolution 1168, sponsored by Sen. Parson.  The resolution urges the U.S. Department of Justice to investigate the price increase of propane, the price disparity of this energy source among storage facilities, and the supply shortage of propane available to consumers. 

Bills Debated in the Senate

Legislation sponsored by Sen. Kraus, Senate Bills 509 & 496, would reform Missouri’s tax policy. This legislation makes changes to the state’s individual income tax rate, creates an individual income tax deduction for business income, and increases the personal income tax exemption.  First, the bill reduces the maximum rate on personal income by 1 percent over a period of years.  Each reduction to the rate would be by one-tenth of a percent, and once fully phased in, the top rate of tax on individual income would be 5 percent.  The act also creates an individual income tax deduction for business income, phasing that in over a certain timeframe.  Each increase to the deduction amount would be by 10 percent, and taxpayers would be allowed a 50 percent deduction, once fully phased in.  However, no reduction on personal income tax or increase to the deduction on individual income tax could go into effect unless the net general revenue collected in the previous fiscal year exceeded the amount of net general revenue in any one of the prior three fiscal years by at least $100 million.  The legislation would increase the personal exemption amount for personal income taxes to $3,100 for individuals with a Missouri adjusted gross income of less than $20,000.

The Senate’s Daily Audio/Video Clips for Feb. 11 feature Sen. Kraus (Cut 3), Sen. Eric Schmitt, R-Glendale (Cut 4), Sen. Holsman (Cut 5), and Sen. Paul LeVota, D-Independence (Cut 6), during debate on Senate Bills 509 & 496 in the upper chamber. 

Senate Committee Work

On Monday, the Senate Judiciary and Civil and Criminal Jurisprudence Committee gave its approval to Senate Bill 519, sponsored by Sen. David Sater, R-Cassville.  His legislation would amend the current waiting period for having an abortion from 24 to 72 hours.  Those in support of the measure say the bill gives women more time to consider an abortion.  However, others indicate the current waiting period provides those seeking an abortion with enough time to make informed decisions.

The committee also voted “do pass” Senate Joint Resolution 27, sponsored by Sen. Rob Schaaf, R-St. Joseph.   This constitutional amendment, if approved by voters, would protect individuals’ electronic communication and data from unreasonable searches and seizures performed by the government.  A warrant to obtain this information must describe the desired information and be supported by probable cause that a law has been violated.

The Senate Judiciary and Civil and Criminal Jurisprudence Committee also held a hearing on Senate Joint Resolution 36, sponsored by Sen. Schaefer.  If approved by voters, this constitutional amendment would provide citizens have the right to keep and bear arms in defense of their family, in addition to current rights in defense of home, person and property.  It removes from the language stating the right to keep and bear arms does not justify the wearing of concealed weapons.  The amendment also states the rights guaranteed under this provision of the Missouri Constitution are unalienable.  Later in the week, members of this committee advanced Sen. Schaefer’s joint resolution to the full Senate for possible debate. 

In the Senate Financial and Governmental Organizations and Elections Committee, members heard testimony on legislation sponsored by Sen. Nieves.  Senate Bill 623 establishes the paper ballot as the official ballot in Missouri, requiring all electronic voting systems produce results from paper ballots marked by hand and the use of remaining direct-record electronic voting machines be phased out when they malfunction.  In addition, the bill states elections cannot be certified until an audit is conducted. 

This same committee also held a hearing on Senate Bill 708, sponsored by Sen. Scott Sifton, D-Affton.  In a state of emergency, the legislation would allow election authorities to provide absentee ballots and voting materials to emergency workers.  Since the measure contains an emergency clause, it would take effect immediately upon receiving the governor’s signature. 

As the Senate Appropriations Committee continues to hear testimony from various state departments and agencies regarding Fiscal Year 2015 funding for their programs and services, members of this budget panel on Monday also held a hearing on Senate Joint Resolution 45.  This proposed constitutional amendment, sponsored by Sen. Ryan Silvey, R-Kansas City, if approved by voters, would prohibit the governor from controlling the rate of and reducing the expenditures to the Department of Elementary and Secondary Education when the actual revenues are less than the revenue estimates upon which the appropriations for this particular department were based.  Committee members later in the week voted to move Sen. Silvey’s joint resolution to be taken up by the full Senate.

On Tuesday, members of the Senate General Laws Committee met to consider advancing several measures to the full Senate for debate.  The following bills have the potential of receiving debate by the full Senate in the coming weeks:

• Senate Bill 523, sponsored by Sen. Ed Emery, R-Lamar, would prohibit school districts from requiring students from using radio frequency devices that could identify students, transmit information regarding students, or monitor or track the location of students.
• Senate Bill 527, sponsored by Sen. Wayne Wallingford, R-Cape Girardeau, would designate March 27 as “Medical Radiation Safety Awareness Day” to promote awareness of not only the benefits of radiographic medical procedures, but the potential dangers of overexposure to radiation during diagnostic imaging and therapy.
• Senate Bill 599, sponsored by Sen. Kraus, would restrict the storage of data collected through automated license plate reader systems to 30 days, requiring entities to purge all collected records and backup copies at the end of this timeframe, except under certain circumstances.  The act also would create a Class D felony for misuse of collected license plate reader information.
• Senate Bill 656, also sponsored by Sen. Kraus, would require applicants for concealed carry permits to only demonstrate an ability to safely load, and live firing from, either a revolver or a semiautomatic pistol.  Current law requires testing with both types of firearms.

This committee also heard testimony on legislation sponsored by Sen. Cunningham.  Senate Bill 554 would require all state agencies, public schools and colleges, and political subdivisions to use the traditional name of a holiday, including “New Year’s Day,” “Martin Luther King Jr Day,” “Lincoln’s Birthday,” “Washington’s Birthday,” “Easter,” “Truman Day,” “Memorial Day,” “Fourth of July,” or “Independence Day,” “Labor Day,” “Columbus Day,” “Veterans Day,” “Thanksgiving Day,” “Hanukkah,” “Christmas,” and “Kwanzaa.”

Senate Bill 556, sponsored by Sen. Nasheed, would create reporting requirements for lost or stolen firearms within 24 hours to a local law enforcement agency; expand the list of crimes to include prostitution, misdemeanor or felony drug crimes not involving weapons, and misdemeanor or felony offenses of criminal nonsupport, which would be eligible for expungement; and create a gun buyback pilot program, providing those individuals who participate in a firearms recovery program with gift certificates to grocery stores in exchange for firearms.

Another bill sponsored by Sen. Nasheed received a hearing in the Senate General Laws Committee.  Senate Bill 565 would require firearm owners to report the loss or theft of a firearm within 24 hours to a local law enforcement agency (similar to a provision found in Senate Bill 556).  If individuals fail to report this loss or theft, they would be punishable by a fine of $1,000; subsequent offenses would result in a Class A misdemeanor.  Individuals’ firearm permits would be suspended for a year if they fail to immediately pay a fine, and those who do not have a permit and fail to pay their fine would be ineligible to receive a firearm permit for a year.  

The Senate Small Business, Insurance and Industry Committee also met on Tuesday to hear testimony on Senate Bill 531, sponsored by Sen. Nasheed.  This legislation would, upon voter approval, raise Missouri’s minimum wage from $7.50 to $10.00, beginning Jan. 1, 2015.  In addition, the legislation would increase the minimum tipped wage from 50 percent to 60 percent of the minimum wage.  Under the act, the cost-of-living adjustment would apply each year regardless of whether the statutory minimum or federal minimum is implemented. 

Members of this committee also held a hearing on Senate Bill 741, sponsored by Sen. Rupp.  His legislation would allow gaming establishments to provide lines of credit to individuals deemed creditworthy by the gaming establishment.

Legislation sponsored by Sen. Brian Munzlinger, R-Williamstown, was voted “do pass” by the Senate Small Business, Insurance and Industry Committee.  Senate Bill 663 would require insurance companies that already offer coverage of both oral and intravenously administered chemotherapy treatment options to provide the same out-of-pocket costs for each treatment and prohibits raising out-of-pocket costs for treatments administered by injection.

In the Senate Seniors, Families and Pensions Committee on Tuesday, lawmakers held a hearing on legislation that would create new requirements for state-funded child care providers.  Senate Bill 720, sponsored by Senate Minority Floor Leader Jolie Justus, D-Kansas City, would increase child care provider training requirements, in addition to building and physical premises requirements.  The Department of Social Services would be responsible for establishing a website that lists provider specific information about health and licensing requirements, inspections and history of violations and compliance actions taken by child care providers.  The department would also be required to provide information to parents regarding the quality of child care providers and set up a hotline for parents to submit provider complaints. 

This legislative panel also gave its approval to Senate Bill 567, sponsored by Sen. Maria Chappelle-Nadal, D-University City, which would help provide uniformity across the state and offer regional training sessions for technical assistance or consultation in order to assist adult day care programs.  The legislation also modifies provisions relating to standard practices, inspections, disciplinary actions, informal dispute resolutions, license revocations and adult day care programs’ operational manuals.  Another bill sponsored by Sen. Chappelle-Nadal was also voted “do pass” by committee members.  Senate Bill 564 would require long-term care facilities to encourage the institution of policies that promote family involvement regarding the well-being and support of its residents. 

The Senate Rules, Joint Rules, Resolutions and Ethics Committee also met on Tuesday to hold hearings on various measures.  Senate Bill 667, sponsored by Sen. Schmitt, would change Missouri’s gubernatorial appointment process for acting directors and members of state boards and commissions.  Under the bill, if an acting department director or acting member of a board or commission is appointed during a regular or special session, the appointee’s authority would terminate 30 days after the appointment or final date of session, whatever date comes first.  If the Senate is not in session, the authority would terminate 30 days after the Senate meets for its next regular or special session.  An acting appointee could not be reappointed to subsequently serve as acting director of the same department or acting member of the same board or commission.  Regarding the appointment of board and commission members, the legislation states the authority of these members would exist during the pendency of their terms and up to 60 days after the expiration of their terms.  If not replacement is named by the governor during this 60-day time period, then the office would be considered vacant.

This committee also heard testimony on three resolutions:  Senate Concurrent Resolution 27, sponsored by Sen. Joseph Keaveny, D-St. Louis, would require the Oversight Division of the Committee on Legislative Research to study the costs of death penalty cases in Missouri; Senate Concurrent Resolution 29, sponsored by Sen. Wayne Wallingford would establish a Juvenile Justice Task Force; and Senate Concurrent Resolution 31, sponsored by Sen. Parson, would urge the U.S. Congress and president to reauthorize the Terrorism Risk Insurance Program.

Members of the Senate Education Committee met on Wednesday to hear testimony on three bills.  Senate Bill 494, sponsored by Sen. David Pearce, R-Warrensburg, who also chairs the committee, would require the Joint Committee on Education to conduct a study of various state scholarship and financial assistance programs, including Bright Flight, Access Missouri and A+, by Nov. 1, 2014.  The study would focus on eligibility requirements for each program, acceptance of aid by eligible students, and retention and graduation rates of recipients. 

Senate Bill 516, sponsored by Sen. Chappelle-Nadal, also received a hearing.  Her measure is one of many filed this session pertaining to school accreditation and student transfers. In addition, the bill also contains provisions relating to special administrative boards, student assessment scores, parent notification of unaccredited district status and home visits, how weighted average daily attendance is calculated, teacher professional development, parent portals, and the length of school days and hours of instruction, among others.

Finally, the Senate Education Committee heard testimony on Senate Bill 616, sponsored by Sen. Nasheed.  In addition to addressing student transfers and school accreditation, her legislation also includes turnaround options for unaccredited schools; accreditation of individual school buildings in St. Louis and Kansas City; reading, personalized learning plans, and student retention; teacher employment in unaccredited schools; and letter grades of public schools.

The Senate’s Daily Audio/Video Clips for Feb. 13 include Sen. Nasheed (Cut 1) discussing Senate Bill 616 and Sen. Pearce (Cut 2) presenting Senate Bill 494 in the Senate Education Committee.

The Senate Governmental Accountability and Fiscal Oversight Committee on Wednesday held a hearing on legislation sponsored by Sen. Mike Kehoe, R-Jefferson City.  Senate Bill 673 changes the duration for unemployment compensation.  Current Missouri law states the maximum duration for an individual to receive unemployment benefits is 20 weeks.  This act would directly correlate Missouri’s unemployment rate with the number of weeks available to receive unemployment benefits: 20 weeks – 9 percent or higher; 19 weeks – between 8.5 and 9 percent; 18 weeks – between 8 and 8.5 percent; 17 weeks – between 7.5 and 8 percent; 16 weeks – between 7 and 7.5 percent; 15 weeks – between 6.5 and 7 percent; 14 weeks – between 6 and 6.5 percent; and 13 weeks – below 6.5 percent.  The bill also modifies the method to pay federal advances by requiring the Board of Unemployment Fund Financing to issue credit instruments when the amount owed to the federal government for advances exceeds $300 million.

Legislation sponsored by Sen. Shalonn “Kiki” Curls, D-Kansas City, would expand the eligibility requirements for food stamp assistance in Missouri.  Senate Bill 680, pursuant to the option granted under the federal Personal Responsibility and Work Opportunity Act of 1996, would allow an individual who has a possession or use of a controlled substance felony conviction to be eligible for food stamp benefits.  This person would have to successfully participate in, be accepted for treatment or on a waiting list for, or satisfactorily complete a substance abuse treatment program; be determined by a division-certified treatment provider to not need substance abuse treatment; or comply with all obligations imposed by the court, Division of Alcohol and Drug Abuse and the Division of Probation and Parole.  In addition, those falling under these provisions would have to meet all other guidelines for food stamp eligibility.

This committee also voted “do pass” Senate Bill 520, sponsored by Sen. Sater.  Senate Bill 520 would allow foster parents who are employed by the state or political subdivisions to take the same amount of leave from work to arrange for their foster children’s placement or care.  The act also allows these entities to provide a leave sharing program for these certain employees.

A hearing was conducted on Wednesday in the Senate Jobs, Economic Development and Local Government Committee on Senate Bill 729, sponsored by Sen. Gary Romine, R-Farmington.  His legislation would create a new tax credit for donations to innovation campuses in Missouri.  These campuses were created through legislation passed by the General Assembly last year that provide partnerships between high schools, four-year colleges and universities, businesses, and two-year higher education institutions in Missouri.  Donations eligible for tax credits, equal to 50 percent of the taxpayers’ donations, must be used to advance learning in the areas of science, technology, engineering and math.  These innovation campus tax credits would no longer be issued after Aug. 28, 2020.

This committee also advanced two combined measures to the full Senate for possible debate.  Senate Bill 647, sponsored by Sen. Sifton, was added to Senate Bill 638, sponsored by Sen. Romine.  Both bills would raise the fiscal year caps on various tax credits, the Food Pantry tax credit from $1.25 million to $2 million and the Pregnancy Resources Center tax credit from $2 million to $2.5 million. 

Members of the Senate Ways and Means Committee on Thursday held hearings on three bills.  Senate Bill 727, sponsored by Sen. Chappelle-Nadal, would create a sales and use tax exemption for certain items sold at farmers’ markets, but would not apply to products sold at farmers’ markets that have sales of at least $25,000.

The committee also heard testimony on two measures sponsored by Sen. Schaefer that address taxes.  Senate Bill 733 would reduce the tax rate on personal income over a period of five years, and once fully phased in, each bracket’s tax rate would be reduced by 1 percent.  The tax rate on corporate income would be reduced from 6.25 to 5.25 percent over the same timeframe.  Both the personal and corporate income tax rate reduction would begin in 2015, fully phased in for the tax years beginning on or after Jan. 1, 2019.  This bill also raises the cap to $7,500 for single taxpayers and $15,000 for combined returns for those who deduction a portion of their federal income tax liability on their state income taxes.

Senate Joint Resolution 44 would require any revenue received by the state in a fiscal year over the amount appropriated for that fiscal year to be returned to taxpayers in the form of a refundable tax credit.  This constitutional amendment, if approved by voters, would require refunds authorized under this act be separate from any refund under the Hancock Amendment.

The Senate Ways and Means Committee also advanced two measures to the Senate for possible debate:  Senate Bill 543, sponsored by Sen. Munzlinger, would change provisions of state law relating to agricultural land values for property tax purposes, and Senate Bill 612, sponsored by Sen. Schaaf, would extend the allocation of tax revenues from the nonresident entertainer and athlete tax until Dec. 31, 2019.

Introduction of Bills Continues in the Senate

Senators have until Feb. 27 to file legislation in the upper chamber.  With only two weeks left until this deadline, senators added 30 more Senate measures this week to the list of bills introduced during the 2014 legislative session. 

Senator Chappelle-Nadal filed legislation that would require all public and private high schools in Missouri, with the exception of privately operated trade schools, to give regular driver’s education courses.  Under Senate Bill 845, these courses would include instruction on the knowledge of Missouri traffic laws and behind-the-wheel training.  The “Driver Education and Training Fund,” created by a $1 fee collected by the Department of Revenue when issuing instruction permits, and various driver’s licenses, would be used to implement the driver education and training program.

An omnibus bill relating to health care was introduced this week by Sen. Schaaf.  Among other provisions, Senate Bill 847 addresses the State Legal Expense Fund by including certain licensed physicians under contract to provide medical care to participation in the MO HealthNet pilot project; creates within the Department of Higher Education the “Board of Medical Scholarship Awards”; requires all health care providers and insures to provide cost estimates for services; requires the reporting of prices to the Department of Health and Senior Services for the most commonly performed medical procedures; and amends various provisions regarding Missouri’s Certificate of Need law, which helps contain costs, improve quality and increase access for many of Missouri’s major health care services.

Senate Bill 848, sponsored by Sen. LeVota, would require students’ portion of fees for any dual credit courses taken to be reimbursed if they attend an A+ designated public school for one year, make a good faith effort to secure available federal aid, and earn a minimal grade point average while in high school. 

Senator Munzlinger is sponsoring legislation this session that would establish a pilot program that would supply Supplemental Nutrition Assistance Program (SNAP) participants with access and the ability to afford fresh fruit and vegetables at farmers’ markets by using their SNAP benefits through their electronic benefit transfer (EBT) cards.  The program, created by Senate Bill 850, would sunset in 2020.

Among the many bills filed this session relating to the state’s school accreditation issue, Senate Bill 856, sponsored by Sen. Emery, would require the State Board of Education, when assigning classification designations to school districts, to use one of the following designations based on the standards adopted by the school board: unaccredited, provisionally accredited, accredited, and accredited with distinction. 

Senate Joint Resolution 49, sponsored by Sen. Cunningham, is a constitutional amendment that, if approved by voters, would require the State Lottery Commission to develop and sell a Veterans Lottery Ticket by July 1, 2015; net proceeds from the sale would be deposited into the Veterans’ Commission Capital Improvements Trust Fund, which is used for the construction, maintenance or renovation or equipment needs of veterans’ homes and cemeteries in the state.

Legislation filed by Sen. Holsman this week would reauthorize the Missouri Homestead Preservation Act tax credit program, which, when it was in effect, provided a property tax credit for qualified senior citizens and disabled Missourians until it expired in 2010.  Senate Bill 870, which would reauthorize the program in the 2015 tax year, would remove the exemption limit amount so the entire increase in property tax liability for an eligible owner would be covered; income limit for eligible owners would be set at $100,000 for 2015 and indexed to correlate to increases in the general price level.  Homesteads with a lien or claim on the property would be ineligible for the tax credit, which would sunset at the end of 2024.

Senate Concurrent Resolution 32, sponsored by Sen. Schaaf, indicates that Missouri, as a state that is fully cognizant of the many facets and aspects relating to public health, is joining with national and state stroke awareness and prevention organizations in the month of May to observe Stroke Awareness Month.

The Missouri Senate will return to the Senate floor to consider legislation on tap for next week starting Monday, Feb. 17, at 4 p.m.