Capitol Briefing: Week of Feb. 17, 2014 | ||
First Bill Passed by General Assembly this Session becomes Law Lead Senate Bill Tackling School Accreditation and Student Transfers Heads to Senate Floor for Debate |
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JEFFERSON CITY – One of the first filibusters in the Senate this session ends with a gun rights measure advancing in the upper chamber. Additionally, legislation signed by the governor this week is designed to help deployed members of the military and disabled citizens file for elected office becomes law. House Bill 1125, handled in the upper chamber by Sen. Will Kraus, R-Lee’s Summit, allows anyone with a physical disability or on active duty with the Armed Forces who is running for office to designate a representative to draw their name for placement on the ballot. Due to the measure containing an emergency clause, House Bill 1125 is now law, given its signature into law this week, meaning these citizens are to able apply provisions of this bill during the upcoming election filing starting Feb. 25. Senator Kraus is sponsoring a similar bill this session, Senate Bill 580, which would allow active duty members and disabled citizens to use a proxy to draw their name for placement on the next election ballot. Senate Bills Head to the House Lawmakers spent time this week on the Senate floor debating, and ultimately giving final passage to legislation related to payday loans. Senate Bill 694, sponsored by Sen. Mike Cunningham, R-Rogersville, among other provisions, would require payday loan lenders to post fees in terms of rate per $100. The legislation also bars renewal of these loans, currently set at a limit of six, and bans the extension of payday loans. Senate Bill 694 also sets conditions for paying outstanding loans by means of an extended payment plan and repeals current law that limits the total amount of accumulated interest and fees to 75 percent of the initial loan amount for the life of the loan. Additionally, the bill would require lenders who offer payday loans online be licensed unless preempted by federal law and comply with the Fair Debut Collection Practices Act regarding harassment or abuse, false or misleading misrepresentations and unfair collection practices. The Senate’s Daily Audio/Video Clips for Feb. 19 include Sen. Cunningham (Cut 1) and Sen. Joseph Keaveny, D-St. Louis (Cut 2), discussing Senate Bill 694 on the Senate floor. The bill was also brought up for consideration later that day — debate from Sen. John Lamping, R-Ladue (Cut 5), and Sen. Maria Chappalle-Nadal (Cut 6), D-University City. Lawmakers in the Senate also gave final approval to Senate Bill 492, sponsored by Sen. David Pearce, R-Warrensburg, which would require the creation of a performance-based funding model for public colleges and universities in Missouri. Under the bill, these public four-year higher education institutions, along with State Technical College of Missouri, would be required to prepare a budget request each year. The Department of Higher Education would then review these requests and prepare appropriation recommendations. The core funding level for each school would be the appropriated amount for each institution for FY 2014. By July 1, 2015, the Coordinating Board for Higher Education, in collaboration with the Joint Committee on Education, would be required to develop and adopt at least five institutional performance measures for each public college and university. The measures would include, but are not limited to, students’ retention, graduation rates, students’ job placement in association with their degree, and students’ pursuit of a graduate degree. Any annual increases in funding from the previous fiscal year’s funding level would be distributed through the university resource allocation model; at least 90 percent of the increase would be distributed based on the school’s performance measures, and no more than 10 percent of the increase would go toward addressing inequitable state funding on a per student basis, on a per credit hour basis, or a combination of the two. These performance measures would be evaluated, if necessary, every three years by the Coordinating Board for Higher Education. The Senate’s Daily Audio/Video Clips for Feb. 18 feature Sen. Pearce (Cut 3) and Sen. Shalonn “Kiki” Curls, D-Kansas City (Cut 4), discussing Senate Bill 492 in the Senate chamber. Several consent bills also move to the House for its consideration. These measures are placed on a special calendar in each chamber and are considered by the Legislature as non-controversial. Senate Bill 520, sponsored by Sen. David Sater, R-Cassville, 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 as those parents who adopt children. The act also allows these entities to provide a leave sharing program for these certain employees. Senate Bill 527, another consent bill 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. During debate last week, the Missouri Senate gave its initial approval to Senate Bill 613, sponsored by Sen. Brian Nieves, R-Washington, designed to protect the rights of gun owners. During that debate, an amendment offered by Sen. Jamilah Nasheed, D-St. Louis, was added to the bill stating: “Upon becoming aware that a firearm has been stolen, a person shall have seventy-two hours to report such theft.” A motion to bring this bill back up for first-round approval, along with the amendment offered by Sen. Nasheed, was made in the Senate earlier this week. During lawmakers’ debate on Senate Bill 613 Monday, senators successfully removed Sen. Nasheed’s amendment and perfected the bill, which 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. Also known as the Second Amendment Preservation Act, Senate Bill 613, among other provisions, promotes responsible gun ownership and condemns unlawful transfers of firearms and the use of a firearm in a criminal or unlawful activity. Lawmakers later in the week voted to send Senate Bill 613 to the House. Senate Bill 668, sponsored by Sen. Ryan Silvey, R-Kansas City, would require insurance companies that already cover both oral and injection chemotherapy treatment to offer same out-of-pocket costs for each of these treatment methods. The legislation also prohibits these companies from raising out-of-pocket costs for this common cancer treatment administered through injection in order to meet the requirement proposed in the bill. Under the bill, orally prescribed anti-cancer medications are in compliance with health benefit plans if they are offered at a rate that limits the total out-of-pocket cost to $75 for a 30-day period. The Senate’s Daily Audio/Video Clips for Feb. 20 include Sen. Silvey (Cut 4) discussing Senate Bill 668 on the Senate floor. Before adjourning for the week, the Senate also adopted several concurrent resolutions, including Senate Concurrent Resolution 21, sponsored by Sen. Pearce, which would urge the U.S. Air Force not to eliminate or reduce the A-10 Thunderbolt II aircraft fleet; Senate Concurrent Resolution 22, sponsored by Sen. Cunningham, which would urge the National Park Service to not take action on the Ozark National Scenic Riverways general management plan, and for the U.S. Department of Interior to negotiate the return of the riverways to the state; and Senate Concurrent Resolution 29, sponsored by Sen. Wallingford, which would establish a juvenile Justice Task Force. The Senate also gave its approval to Senate Concurrent Resolution 20, sponsored by Sen. Gina Walsh, D-Bellefontaine Neighbors, which would recognize every 26th of September as Mesothelioma Awareness Day. The Senate’s Daily Audio/Video Clips for Feb. 20 feature Sen. Walsh (Cut 5) speaking on Senate Concurrent Resolution 20, Sen. Pearce (Cut 6) on Senate Concurrent Resolution 21, and Sen. Cunningham (Cut 7) and Sen. Holsman (Cut 8) on Senate Concurrent Resolution 22. The Senate also gave its final approval to Senate Joint Resolution 36, sponsored by Sen. Kurt Schaefer, R-Columbia. This constitutional amendment, which addresses Missourians’ Second Amendment rights, states individuals have the right to keep and bear arms, ammunition, and accessories typical to the normal function of firearms to defend their family, in addition to defending their home, self and property – all current protections listed in the Missouri Constitution. The measure also removes language stating the right to keep and bear arms does not justify the wearing of concealed weapons. If approved by voters, the amendment would provide the rights guaranteed under this provision of the constitution are unalienable. The Senate’s Daily Audio/Video Clips for Feb. 18 include Sen. Schaefer (Cut 1) and Sen. Scott Sifton, D-Affton (Cut 2), debating Senate Joint Resolution 36 on the Senate floor. Senate Bills Advance in the Upper Chamber Lawmakers gave initial approval this week to legislation sponsored by Sen. Dan Brown, R-Rolla, which would change the authority of Missouri’s Clean Water Commission. This commission is responsible for conserving the waters of the state and protecting, maintaining and improving the quality of waters throughout Missouri. Senate Bill 664 would only allow the commission to revise water quality standards once the Department of Natural Resources finds there is an environmental need for the revision. The bill still needs another passing vote by the full Senate. Debate on Senate Bills this Week Senators brought a number of bills up for debate in the upper chamber this week. Senate Bill 519, sponsored by Sen. Sater, would extend the timeframe a woman could undergo an abortion to 72 hours. Current state law requires a 24-hour waiting period to perform the procedure. Lawmakers spent a considerable amount of time debating the measure, which was set aside for further discussion. The Senate’s Daily Audio/Video Clips for Feb. 19 feature Sen. Sater (Cut 7) and Senate Minority Floor Leader Jolie Justus, D-Kansas City (Cut 8) during debate on Senate Bill 519. Committee Work Continues On Monday, the Senate Financial and Governmental Organizations and Elections Committee gave its approval to Senate Bill 623, sponsored by Sen. Nieves. The legislation would make the paper ballot the official ballot in Missouri and require audits before elections are certified. This same committee also held a hearing on Senate Joint Resolution 39, sponsored by Sen. Bob Dixon, R-Springfield. His legislation proposes a constitutional amendment that, if approved by voters, would change the procedures for redistricting within the state Senate and House of Representatives. Following the census, which is conducted every 10 years, boundary lines must be redrawn to represent districts that are nearly equal in population. In Missouri, the job of congressional redistricting falls to the General Assembly. However, redrawing the state’s 34 Senate and 163 House districts is the responsibility of two bipartisan commissions appointed by the governor. If either or both commissions fail to come up with new plans, then the job goes to an appellate commission appointed by the Missouri Supreme Court. Senate Joint Resolution 39 would appoint a new reapportionment commission if a court invalidates a redistricting plan or a commission is discharged. These commissions would be required to hold one or more public hearings, be considered a public governmental body, and be subject to public meetings and public records law. In addition, reapportionment commissioners would be barred from serving in the General Assembly for 10 years from their date of appointment to the commission, and members of the Legislature and their employees would be prohibited from serving as reapportionment commissioners. Also, the amendment would require those serving in the Legislature to reside in the district from which they were chosen to represent. If a lawmaker moves out of his or her district, the district seat would be considered vacant. This provision does not apply to those who are affected by the renumbering or realignment of districts. Finally, the amendment states no county line would be crossed for the purpose of reapportionment except to add sufficient population to the remainder of a multidistrict county. Tuesday’s Senate Rules, Joint Rules, Resolutions and Ethics Committee held a hearing on Senate Bill 488, sponsored by Sen. Brad Lager, R-Savannah. His legislation would bar members of the General Assembly and candidates running for the Legislature to act as paid political consultants for an individual seeking to serve in the House or Senate, or his or her candidate committee. The legislation would also impose a two-year “cooling-off” period for members of the General Assembly before they can work as lobbyists. The panel also conducted a hearing on Senate Concurrent Resolution 28, sponsored by Sen. Pearce, which helps commemorate the 35th anniversary of the enactment of the Taiwan Relations Act and encourages continued dialogue between the United States and Taiwan. Enacted by Congress in 1979, the Taiwan Relations Act was established to help maintain peace, security and stability in the western Pacific while promoting foreign policy of the United States to continue commercial, cultural and other relations between these two countries. In addition, the resolution supports the resurgence of the Trade and Investment Framework Agreement, which provides discussion regarding trade and investment issues between the United States and certain countries, in this instance, Taiwan. The measure also expresses support for Taiwan’s efforts to secure entry into the Trans-Pacific Partnership, a comprehensive agreement designed to assist with job creation, economic growth, opportunities for citizens, and multilateral trading systems. In the Senate Small Business, Insurance and Industry Committee, members gave their approval to legislation sponsored by Sen. Lamping. Senate Bill 546 changes Missouri’s Health Care Freedom Act, a ballot measure that set out to prohibit the federal government from requiring Missourians from buying health insurance and ban punishment for those who did not have health insurance. The measure passed in 2010 by more than 70 percent of the state’s voters. The Senate bill restates Missouri’s public policy that allows citizens freedom to choose whether or not to obtain health insurance without facing any penalties. The legislation also lists findings regarding how the Patient Protection and Affordable Care Act and implementation of a state-based health care exchange would subject Missouri employers and citizens to penalties, among others. This same committee voted “do pass” Senate Bill 741, sponsored By Sen. Scott T. Rupp, R-Wentzville. His legislation would allow gaming establishments in Missouri to provide lines of credit to individuals who are deemed “creditworthy” by casinos or other gambling outlets. In addition, Senate Joint Resolution 25, sponsored by Sen. Lager, also received the committee’s approval. This measure urges the Department of Natural Resources to require groundwater monitoring of new and existing coal ash ponds — areas where coal ash generated from electric power plants are stored — and require cleanup of leaking coal ash ponds. The Small Business, Insurance and Industry Committee also conducted a hearing on legislation that would require insurance companies to offer coverage against sinkholes. Senate Bill 691, sponsored by Sen. Jay Wasson, R-Nixa, would require those companies that issue homeowners’ insurance to offer policies that would cover losses on any structure, including personal property, in the occurrence of a sinkhole. According to the Geological Survey Program within the Department of Natural Resources, nearly 16,000 sinkholes have been verified in Missouri, some more than 100 feet in depth. The largest recorded in the Show-Me State covers 700 acres in western Boone County. Members of the Senate Commerce, Consumer Protection, Energy and the Environment Committee heard testimony on Senate Bill 571, sponsored by Sen. Chappelle-Nadal. Her legislation would repeal Missouri’s Manufacturer Responsibility and Consumer Convenience Equipment Collection and Recovery Act, passed by the General Assembly in 2008, designed to implement recovery plans for computer manufacturers for the collection and recycling or reuse of certain computer equipment, with no additional cost to households or home businesses. Instead, Senate Bill 571 would create the Residential Electronic Products Recycling and Reuse Act. Set to begin in 2015, the program would establish recycling or reuse goals for various electronic devices, readjusting the statewide program goals for the following years. Compliance with recycling and reuse goals would be monitored by the Department of Natural Resources, which would report any violations to the Attorney General, who may institute civil actions to address violations. A hearing was conducted in the Senate General Laws Committee on Senate Bill 618, sponsored by Sen. Nieves. The act would prohibit the state and political subdivisions within Missouri from implementing any policy recommendations that infringe on private property rights and are traceable to Agenda 21 (a non-binding action plan implemented by the United Nations related to sustainable development) or any other international law or plan of action that contravenes the U.S. and Missouri constitutions. In addition, Senate Bill 618 would prohibit entering into an agreement with, expending money for, receiving funds or contracting services from, or giving financial aid to any organization created and enlisted by the U.N. to assist with the implementation of Agenda 21. This same committee heard testimony on Senate Bill 750, sponsored by Sen. Walsh. Her legislation would protect employees’ usernames and passwords by prohibiting employers from requesting or requiring workers or job applicants to disclose their personal information in order to access online accounts or services. However, if the device is supplied or paid for by employers, then they may request or require such information. The Senate Seniors, Families and Pensions Committee held a hearing on a measure that would create the right to unpaid leave for employees who are affected by domestic violence. Sponsored by Sen. Walsh, Senate Bill 712 would allow citizens to take unpaid leave to seek medical attention, recover from injury, obtain victim services or counseling, participate in safety planning and pursue legal assistance if these workers or members of their family or household have been assaulted, battered, coerced, harassed, sexually assaulted, unlawfully imprisoned and stalked. The Missouri Attorney General would be given the authority to enforce the provisions found in this act. This committee also heard testimony on legislation that would extend Missouri’s pharmacy assistance program. Senate Bill 754, sponsored by Sen. Sater, would extend the expiration date of the MoRx Prescription Drug Program from 2014 to 2017. Created by the 93rd General Assembly nearly a decade ago, this program provides prescription drug assistance to Missourians in need by coordinating benefits with Medicare’s (Part D) Prescription Drug Program. The Seniors, Families and Pensions Committee also gave unanimous approval to Senate Bill 720, sponsored by Sen. Justus. Her legislation would change rules and requirements for child care providers that receive state or federal funds, including establishing increased child care business training, and building and physical premises requirements; requiring the Department of Social Services (DSS) to create a website that lists provider-specific information about health and licensing requirements, inspections and history of violations and compliance actions; establishing a DSS hotline for parents to submit provider complaints; and, with the assistance of child care businesses and parents, advocates, and DSS, creating a transparent system of quality indicators to provide parents with a way to set apart child care businesses in the community. On Wednesday, the Senate Education Committee gave its approval to Senate Bill 494, sponsored by committee chairman Sen. Pearce. The legislation would require the Joint Committee on Education to conduct a study of Missouri’s scholarship and financial programs: Bright Flight, Access Missouri, and A+ by Nov. 1, 2014. The study would include eligibility requirements for each program, acceptance of aid by eligible students, and retention and graduation rates of recipients. Eight education bills filed this session by senators from both sides of the aisle designed to tackle the state’s school accreditation and student transfer issue were combined with the upper chamber’s lead education bill, Senate Bill 493, also sponsored by Sen. Pearce. The measure would require the State Board of Education to assign one of the following classification designations to school districts: unaccredited, provisionally accredited, accredited and accredited with distinction. In addition, the bill would allow individual schools to receive accreditation classification within a district. The bill also addresses the costs associated with tuition and transportation of students from unaccredited to accredited school districts. Each school district would have to adopt a policy to grant priority to the lowest achieving students from low-income families if it reaches its capacity for enrollment. As the lead education measure, Senate Bill 493 also addresses transient student ratio and student assessment scores, as well as the way parents are notified of unaccredited district status and home visits; hardship transportation assignments; school district improvement measures; reading, personalized learning plans and student retention; and the length of school days and hours of instruction. In the Senate Jobs, Economic Development and Local Government Committee, members voted “do pass” Senate Bill 635, sponsored by Sen. Silvey. The legislation would prohibit certain tax incentives to be issued to businesses that relocate 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. This committee also gave unanimous approval to Senate Bill 729, sponsored by Sen. Gary Romine, R-Farmington. His legislation would create a new tax credit for donations to innovation campuses, which were created through legislation passed during the 2013 session that provide a partnership between Missouri high schools, four-year colleges and universities, businesses, and two-year higher education institutions. Under the bill, taxpayers would be able to receive a tax credit equal to 50 percent of their donation to an innovation campus that advances learning in the areas of science, technology, engineering and math. The Jobs, Economic Development and Local Government Committee also held a hearing on a bill that would create the Missouri Angel Investment Act. The act, sponsored by Sen. Justus, would provide tax credits allocated evenly between congressional districts to investors in certain companies. Senate Bill 698 would allow program businesses to apply to the Missouri Technology Corporation to receive designation as a qualified business, and each quarter, MTC would allocate these tax credits to qualified businesses under the program. These tax credits, equal to 50 percent of the investment in the business, would then be issued to investors, or “angels,” that provide initial capital for these companies. The Senate Governmental Accountability and Fiscal Oversight Committee gave its approval to legislation sponsored by Sen. Mike Kehoe, R-Jefferson City, which would make changes to the duration for unemployment compensation. Current Missouri law states the maximum duration for an individual to receive unemployment benefits is 20 weeks. Senate Bill 673 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. Members of the Senate Transportation and Infrastructure Committee conducted a hearing on a bill that addresses automatic traffic enforcement systems. Senate Bill 746, sponsored by Sen. Brian Munzlinger, R-Williamstown, would prevent violations that are enforced through these automated systems from applying to the state’s mandatory driver’s license points system. Instead, these violations would be considered infractions that could include fines up to $135. On Thursday, the Senate Veterans’ Affairs and Health Committee voted “do pass” Senate Bill 502, sponsored by Sen. Rob Schaaf, R-St. Joseph. The legislation protects mothers’ rights to breastfeed their children in public stating the act would not 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. The legislation would also excuse nursing mothers from jury duty. Members of this committee also gave their approval to Senate Bill 716, sponsored by Sen. Brown, which 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. In addition, the Veterans’ Affairs and Health Committee heard testimony on and approved a bill that would designate the “jumping jack” as Missouri’s official exercise. Senate Bill 669 is sponsored by Sen. Schaaf. This exercise is thought to be named after Gen. John J. “Black Jack” Pershing, whose boyhood home is located in Laclede, Mo. The general is credited with inventing the jumping jack as an alternative to pushups, which were the standard disciplinary action while Gen. Pershing was military leader at West Point. The Senate’s Daily Audio/Video Clips for Feb. 20 include Sen. Schaaf (Cut 1) presenting Senate Bill 669 in the Senate Veterans’ Affairs and Health Committee. The committee also conducted a hearing on legislation that would require certain individuals, including children attending public, private, parochial or parish schools and students attending a public college or university who live in on-campus housing, to receive the vaccine for meningitis. Senate Bill 748 is sponsored by Sen. Walsh. Panel members will also continue their discussion next week on Senate Bill 739, sponsored by Sen. Romine, designed to make changes to the state’s Mo HealthNet program, which purchases and monitors health care services for low-income and vulnerable citizens throughout the state. The Senate’s Daily Audio/Video Clips for Feb. 20 feature Sen. Walsh (Cut 2) in the same committee presenting Senate Bill 748. The Senate Ways and Means Committee advanced several bills this week, including Senate Bill 693, sponsored by Sen. Mike Parson, R-Bolivar, which would exempt motor vehicles older than 10 years from sales tax on titling; and Senate Bill 727, sponsored by Sen. Chappelle-Nadal, which would create a sales and use tax exemption for certain products sold at farmers’ markets. The committee also held a hearing on Senate Joint Resolution 46, sponsored by Sen. Ed Emery, R-Lamar, which would eliminate income taxes and replace them with an expanded sales and use tax. His legislation would also create a property tax relief credit. Deadline Moves Closer to File Senate Bills Next week is the final week to propose new bills in the Senate. Senators recently introduced nearly 40 new measures, including:
The landscape of the Missouri State Capitol, as well as state parks and other state buildings were forever change this week with the addition of the Honor and Remember flag, which is now allowed to be flown at these locations. The is now a fixture throughout the state in response to Senate Bill 106 passed by the Legislature in 2013. |