JEFFERSON CITY – One of the most high-profile bills reached the Senate floor this week relating to how Missouri schools are accredited and how students transfer out of unaccredited and into accredited districts.  In addition, the Senate reached its deadline to file legislation for the 2014 session, adding nearly 100 measures this week to list of legislation up for consideration this year.

Senators Advance Legislation to House Chamber

After long hours of debate, senators gave final approval to legislation sponsored by Sen. David Pearce, R-Warrensburg.  Senate Bill 493 is a compromise among nine Senate bills filed this session that would change how the state assigns classification designations to individual schools throughout the state, naming them as unaccredited, provisionally accredited, accredited or accredited with distinction.  The bill would allow individual schools within each district to receive accreditation.  Fifty-five percent of the district’s schools would have to be considered unaccredited in order for the State Board of Education to classify an entire district as unaccredited. 

The legislation would also require students from underperforming schools to live within their unaccredited districts and in the boundaries of the unaccredited schools for 12 months before they are allowed to transfer.  Each district would have the ability to establish a policy for class size and student-teacher ratios.  Three regional authorities serving St. Louis and St. Louis County, Kansas City and Jackson County, and the rest of Missouri, would coordinate the student transfers from unaccredited to accredited districts.  In addition, Senate Bill 493 would require free tutoring and supplemental education services to students in struggling and underperforming schools with money for these services available through the School District Improvement Fund. 

During debate, lawmakers considered more than 20 amendments to the bill relating to the education of Missouri students, including one that removed a provision in the bill that would terminate teachers and school personnel from underperforming districts.  Another amendment adopted during debate addresses eligibility requirements for students to transfer to private schools with no particular religious belief or tradition.  Lawmakers also adopted an amendment that addresses financially troubled districts when they run out of money while paying for those students who transferred from unaccredited to accredited districts during the academic year.  In addition, senators approved a change in in the legislation regarding the tuition rates for students who transfer from underperforming districts, including how much the state pays for those students.  Another amendment adopted by the Senate would prohibit changing a public school’s classification from accredited to unaccredited or provisionally accredited when there is no member serving on the State Board of Education that represents the congressional district where that school is located.  With adoption of these and other changes to the bill, the Senate’s student transfer and school accreditation bill moves to the House. 
 
 

The Senate’s Daily Audio/Video Clips for Feb. 26 feature Sen. Pearce (Cut 1); Senate President Pro Tem Tom Dempsey, R-St. Charles (Cut 2); Sen. Jamilah Nasheed, D-St. Louis (Cut 3); and Sen. Jason Holsman, D-Kansas City (Cut 4), debating Senate Bill 493 when the bill was up for the Senate’s initial approval.  The Senate’s Daily Audio/Video Clips for Feb. 27 include Sen. Pearce (Cut 1); Sen. Holsman (Cut 2); Sen. Paul LeVota, D-Independence (Cut 3); Sen. Shalonn “Kiki” Curls, D-Kansas City (Cut 4); Sen. Kurt Schaefer, R-Columbia (Cut 5); and Sen. Dempsey (Cut 6) discussing Senate Bill 493 before it received final approval in the Senate. 

Legislation sponsored by Sen. Mike Cunningham, R-Rogersville, would allow nonprofit organizations to prepare food for charitable fundraising events.  Senate Bill 525 would require clearly visible signs where the food is served informing citizens that the food was prepared in a kitchen that is not subject to regulation and inspection.  The act does not apply to food establishments regulated by the Department of Health and Senior Services, and excludes Jefferson, St. Louis, and St. Charles counties and the City of St. Louis. 

A measure that would make changes to adult day care programs in Missouri also received the Senate’s final approval.  Senate Bill 567, sponsored by Sen. Maria Chappelle-Nadal, D-University City, 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.

Senate Bill 635, sponsored by Sen. Ryan Silvey, R-Kansas City, 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.

 

The Senate’s Daily Audio/Video Clips for Feb. 27 feature Sen. Silvey (Cut 7) and Sen. LeVota (Cut 8) sharing their thoughts on the bill before it received final passage in the Senate. 

Lawmakers also gave final 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 allow the commission to revise water quality standards once the Department of Natural Resources finds there is an environmental need for the revision.

A proposed constitutional amendment, sponsored by Sen. Silvey, also received final passage in the upper chamber.  If approved by voters, Senate Joint Resolution 45 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. 

 

The Senate’s Daily Audio/Video Clips for Feb. 25 include Sen. Silvey (Cut 1) and Sen. Scott Sifton, D-Affton (Cut 2), discussing Senate Joint Resolution 45 in the Senate chamber. 

Upper Chamber Gives Bills First-Round Approval

Senator Eric Schmitt, R-Glendale, is sponsoring a bill this year that would create a refundable income tax credit for residential real property owners equal to three-quarters of a percent of the assessed value of the residential real property they own, such as a single family home.  Under Senate Bill 666, tax payers would have to own the property on Jan. 1, 2014, to be eligible for the credit, which would only be available for tax years beginning in 2014.  Taxpayers claiming the credit would have to submit a copy of their 2014 property tax statement for the property they’re claiming to the Department of Revenue.  The bill still needs another passing vote by the Senate. 

Senate Bill 735, sponsored by Sen. Brown, would require campground owners to inform campers of the ground’s policy regarding curfew, alcohol and tobacco use, and pets.  The legislation would give owners the right to ask campers to leave the premises if they are not registered guests or visitors of the campground; remain on the grounds beyond the agreed-upon departure time and date; default on their camping fees or chargers; create a disturbance that prevents others for enjoying their camping experience or fail to preserve public peace, health, and safety; or violate any federal, state or local law.  If these individuals do not leave, then they would be guilty of trespassing in the first degree and refunded any unused portion of their prepaid fees if they are ejected from the campgrounds.  The legislation would not apply to any Missouri state parks.

Senator Brian Munzlinger, R-Williamstown, brought Senate Bill 504 up for perfection this week, which went on to receive first-round approval.  The legislation would require state agencies make available to the public proposed rules online, including each rule’s summary, full text, fiscal note, as well as a link to the Missouri Register, the same day the proposed rule is published in the register.

Debate Continues in the Senate

Senators spent time this week debating a bill also sponsored by Sen. Munzlinger, which would prohibit the Missouri State Tax Commission from publishing a rule that increases agriculture land productive values more than 5 percent over the current values in effect and increases agricultural land values more than 15 percent over a 10-year period.  If the president or the governor declares any county affected by a natural disaster in the preceding two years, then Senate Bill 543 would also prohibit the commission from increasing the values for land.  In addition, if there is a substantial decrease in the price for agricultural products in the previous two years, the commission cannot increase agricultural land productive values.  Productive use values are given to land for agriculture/horticultural use and are established by Agricultural/Horticultural Land Grades, which are divided into eight grades based on productive use value: grade 1 is the best land, grade 8 is the poorest.

Senate Committees Hold Hearings throughout the Week

While members of the Senate Appropriations Committee continued their work on Monday crafting the state’s spending plan for the 2015 fiscal year, senators also examined how different departments administer tax credits.  The Department of Revenue has a list of approximately 60 tax credits on its site offered by the state of Missouri and administered by several government agencies.  The committee also continued its discussion throughout the week on individual department’s budgets, including the Department of Economic Development, Department of Higher Education, Department of Agriculture, and Elected Officials and the General Assembly.

The Senate Financial and Governmental Organizations and Elections Committee held hearings on bills that would give certain Missourians an extension when registering to vote and modify class one election offenses.  Senate Bill 631, sponsored by Sen. Wayne Wallingford, R-Cape Girardeau, would allow military and overseas voters who have been discharged from military service, have returned from military deployment or activation, or have separated from employment outside of the United States after the voter registration deadline to register to vote in person until 5 p.m. on the Friday before an election. 

Senate Bill 728, sponsored by Sen. Sifton, would make the crime of registering to vote when not legally entitled to register or registering with the name of another person a Class B felony, imposing 15-year prison term with no monetary penalty.  Currently, this crime carries the penalty of a fine between $2,500 and $10,000 and no more than five years in prison.  The bill also increases a class one election offense from a prison term of five years to seven.  Those who are charged with a class one election offense would not be granted a suspended imposition of sentence, be eligible for probation or parole until serving a minimum of 30 days, or act as an election judge, challenger or watcher.

On Monday evening, several bills were taken up for a hearing in the Senate Judiciary and Civil and Criminal Jurisprudence Committee, including Senate Bill 710, sponsored by Sen. Gina Walsh, D-Bellefontaine Neighbors.  Her legislation would make it a Class D felony of aggravated stalking when individuals purposely harass another person and purposely access, or attempt to access, the address of those who participate in the state’s address confidentially program, Safe at Home.  Created by the General Assembly in 2007, this program protects the addresses of victims of domestic violence, rape, sexual assault, and stalking.  Subsequent violations under this bill would result in Class C felonies. 

Legislation sponsored by Sen. Munzlinger also received a hearing.  Senate Bill 745 would make changes to several provisions relating to Missouri’s concealed carry (CCW) permits including, among others, requiring the Missouri Sheriff Methamphetamine Relief Task Force to create and maintain a statewide CCW permit system that is accessible to sheriffs and law enforcement agencies; prohibiting information retained in the CCW system from being distributed to any federal, state, or private entities, with the exception of sheriffs accessing the system to issue permits, verify permit holder information, change permit holder information, and suspend, revoke or cancel a permit; and repealing a provision that requires  a sheriff to notify CCW holders when their permit is expired and cancelled.

Another bill heard by the committee was filed in response to a June 2013 U.S. Supreme Court decision that stated mandatory life sentences without parole for juvenile criminal offenders are unconstitutional.  Current Missouri law requires offenders who were under the age of 18 at the time they committed first degree murder to be sentenced to life in prison without the eligibility of probation, parole, or conditional release.  As a result of the recent Supreme Court ruling, there is no punishment for first degree murder under current law in Missouri that is enforceable against those who committed the crime before they turned 18.  Senate Bill 790, sponsored by Sen. Bob Dixon, R-Springfield, would repeal the mandatory life sentence found unconstitutional in Miller v. Alabama, and instead, would sentence those who were 16 or 17 years old at the time of the crime to either at least 50 years in prison or life in prison without parole; those under 16 could be sentenced to prison for at least 35 years or life without parole. 

The Judiciary and Civil and Criminal Jurisprudence Committee also conducted a hearing on Senate Bill 732, sponsored by Sen. Joseph Keaveny, D-St. Louis.  This criminal procedure bill sets out to change the procedure in collecting biological evidence, conducting custodial interrogations, and using eyewitness identification procedures.  One of the most notable provisions would require law enforcement agencies that use eyewitness identification procedures to adopt written policies governing these procedures by Jan. 1, 2015, designed to prevent wrongful convictions and incarcerations.

Members of this committee later in the week conducted a hearing on Senate Bill 640, sponsored by Sen. Ed Emery, R-Lamar.  His legislation would allow courts to place individuals who are charged with, or found guilty of, violating an order of protection on an electronic notification system that would monitor these individuals and send alerts when they are within a certain distance of a protected person or location.  The committee voted “do pass” Senate Joint Resolution 34, also sponsored by Sen. Emery, which would require the Senate to try all impeachments, except for the impeachment of the governor, which would be tried by the Missouri Supreme Court’s chief justice.  Senator Emery filed a similar measure, Senate Bill 976, relating to impeachment trials, this week. 

On Tuesday, the Senate Rules, Joint Rules, Resolutions and Ethics Committee considered legislation addressing campaign contribution limits and ethics.  Senate Bill 555, sponsored by Sen. Nasheed, would prohibit members of the General Assembly and their staff and family from accepting travel and tickets for sporting events and concerts from lobbyists, who would be banned from delivering these items to legislators, their staff and families.  The legislation would also impose contribution limits of $2,600 for any candidate in any election; limits would increase each odd-numbered year based on the Consumer Price Index.  Committees that accept or give contributions in violation of the established limits in the bill would be subject to a surcharge of $1,000, plus the amount equal to each non-allowable contribution.

 

The Senate’s Daily Audio/Video Clips for Feb. 25 feature Sen. Nasheed (Cut 3) and Sen. Dempsey (Cut 4) discussing Senate Bill 555 in the Senate Rules, Joint Rules, Resolutions and Ethics Committee.   

Senate Bill 629, sponsored by Sen. Will Kraus, R-Lee’s Summit, would change various provisions in state law regarding ethics.  This reform bill would bar political fund-raising events in buildings owned by the state or local governments; prohibit elected officials and legislators and their staff, employees and family from receiving any lobbyist gift that is more than $50; and ban lawmakers from becoming lobbyists until two years after leaving office, among other provisions.  The legislation would also establish campaign contribution limits for governor, lieutenant governor, secretary of state, treasurer, auditor, and attorney general ($10,000); senators ($2,500); representatives ($1,000); and other public offices, with limits based on the area’s population.

The Rules, Joint Rules, Resolutions and Ethics Committee also gave its approval on Tuesday to Senate Concurrent Resolution 32, sponsored by Sen. Rob Schaaf, R-St. Joseph.  This resolution states Missouri would join with national and state stroke awareness and prevention organizations during the month of May to observe Stroke Awareness Month.

In the Senate Small Business, Insurance and Industry Committee, legislation that would require health plans to cover the diagnosis and treatment of eating disorders received a hearing.  Senator Pearce is sponsoring Senate Bill 769, which would require coverage by health care providers to include a broad range of specialist services deemed necessary for the patient.  These services would not require a larger deductible or co-payment compared to other health care services provided under the patient’s plan.

This committee also gave its approval to a measure sponsored by Sen. Jay Wasson, R-Nixa, which would require homeowner insurance companies to offer sinkhole coverage to Missourians.  If policies exclude this coverage, Senate Bill 691 would require the policies to state, “Your policy does not provide coverage for sinkhole losses.  You may purchase additional coverage for sinkhole losses for an additional premium.”

Members of the Senate Transportation and Infrastructure Committee on Wednesday held hearings on several bills, including two bills sponsored by Sen. Schaefer.  Senate Bill 696 would increase the maximum penalties for individuals behind the wheel when they fail to yield the right-of-way: $1,000 (minimum penalty $500) for those who cause injury, $3,000 (minimum penalty $1,000) for those who cause serious injury, and $10,000 (minimum penalty $5,000) for those who cause the death of another person.   The legislation would also implement a mandatory 90-day suspension period for drivers who cause serious physical injury.  For those who cause the death of another person by failing to yield the right-of-way, the court would be required to issue an order of suspension for a minimum of six months up to one year.  Those particular individuals would also be required to successfully complete a driver-improvement program. 

Senate Bill 762, also sponsored by Sen. Schaefer, would limit the release of information collected by automobile data records to five circumstances: 1) by or with the approval of the owner; 2) in response to a valid search warrant or court order; 3) for anonymous data collection to improve vehicle safety, security, or traffic management; 4) for diagnosing, servicing, or repairing the motor vehicle; and 5) for facilitating emergency medical response in the vent of a vehicle crash or collision.

The Transportation and Infrastructure Committee also heard testimony on Senate Bill 785, sponsored by Sen. Mike Kehoe, R-Jefferson City.  His legislation would expand the one-time opportunity for nonresidents to obtain a seven-day temporary boating safety identification card to include Missouri residents.

Members of the Senate Veterans’ Affairs and Health Committee on Thursday continued their hearing on Senate Bill 739, sponsored by Sen. Gary Romine, R-Farmington.  The bill is 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.

Last Week to File Legislation

More than 540 Senate bills and joint resolutions have been filed for the 2014 legislative session, with nearly 100 added this week. 

Senator John Lamping, R-Ladue, filed a series of bills designed to improve the structure and process of government: 

• Senate Bill 927 would restrict members of the General Assembly from becoming lobbyists;
• Senate Bill 928 would prohibit legislators from being eligible for retirement and other employee benefits;
• Senate Bill 929 would require first-time statewide elected officials to participate in a defined contribution retirement plan; and
• Senate Bill 930 would require the joint election of the governor and the lieutenant governor.

Also sponsored by Sen. Lamping, proposed constitutional amendments Senate Joint Resolution 50 would require the joint election of the governor and lieutenant governor beginning in 2016; Senate Joint Resolution 51 would limit the total number of years lawmakers could serve in the General Assembly to 14 years between the Senate and House of Representatives; and Senate Joint Resolution 52 would reduce the number of state representatives from 163 to 102.  In addition, Senate Joint Resolution 54 would require the General Assembly to study and revise the statutory method of funding public elementary and secondary education every 10 years. 

Senate Bill 919, sponsored by Senate Minority Floor Leader Jolie Justus, D-Kansas City, would change the timeframe in which individuals may bring civil action under the state’s Human Rights Act, which prohibits discrimination in housing, employment and places of public accommodations based on an individual’s race, color, religion, national origin, ancestry, sex, disability or age.  Senator Justus is also sponsoring Senate Bill 962, which would prohibit discrimination against anyone based on their sexual orientation or gender identity, and Senate Bill 963, which would prohibit discrimination based on a person’s status as a veteran.  Another bill introduced by Sen. Justus would change provisions of Missouri state law regarding adoption and parental rights.  Senate Bill 943 would, among other provisions, change the definition of a parent, address the consent or waiver of consent for termination of parental rights, establish a consistent father-child relationship, examine post-adoptive contract agreements, and allow for the temporary placement of a prospective adoptive child pending transfer of custody. 

Legislation filed by Sen. Schaaf would establish a Prescription Drug Monitoring Program.  Senate Bill 921 would require the Department of Health and Senior Services to set up and maintain a program that would monitor how all Schedule II through Schedule IV controlled substances are dispensed in Missouri.  Senate Bill 934, also introduced by Sen. Schaaf, would require health plans to offer coverage for childhood obesity, and allow public and charter schools to conduct assessments of students’ body mass index. 

Senator Brian Nieves, R-Washington, introduced Senate Bill 932, which would, among other provisions, prohibit the Department of Elementary and Secondary Education from using a high school equivalency examination that aligns itself with the Common Core State Standards unless there is no alternative readily available. 

Also known as the “Timely Justice Act,” Senate Bill 945, sponsored by Sen. Brown, would require cases and penalties of condemned prisoners who kidnap and take the life of their victim to be carried out and issued in an expeditious manner without interfering with the due process of the court, the appeals process, or other legal avenues.

Senator Holsman introduced legislation that would allow citizens to use marijuana for medical purposes, with severe restrictions.  Senate Bill 951 would tax this controlled substance at 8 percent of the purchase price.

Senate Bill 959, sponsored by Sen. Curls, would create the “Center for the Neighborhoods Fund” in which funding would be used to establish a center for the neighborhoods at the University of Missouri-Kansas City under the Department of Architecture and Urban Planning.  The center, through the support of local governments, higher education institutions, and community organizations, would conduct collaborative outreach and research programs reflecting community-identified priorities in the areas of education and training, family and community health, and economic development. 

Senator Schaefer filed Senate Bill 979  that would change eligibility standards for line-of-duty compensation for emergency personnel.  He also introduced Senate Bill 982, which would change Missouri’s penalties for certain sex offenses, including creating a definition for “aggravated sexual offense,” and changing the offense of child molestation under certain circumstances, among other provisions.

Senate Bill 983, sponsored by Sen. Pearce, would create a procedure to allow employers who hire certain student interns to transfer a portion of their company’s state tax liability to the Missouri Science, Technology, Engineering and Mathematics Fund. 

Legislation was introduced this week relating to the management of dyslexia in K-12 classrooms.  Senate Bill 984, sponsored by Sen. Sifton, would require the Department of Elementary and Secondary Education to employ a dyslexia specialist who must meet certain criteria.  This specialist would be responsible for providing professional development, and serving as a primary source of information and support for school districts addressing the needs of students with dyslexia and other related disorders.  The department would also be responsible for developing and maintaining a resource guide for school districts, public schools and teachers related to this disorder.

Senate Concurrent Resolution 36, sponsored by Sen. Wasson, would create Multiple Sclerosis Task Force responsible for developing strategies to identify and address the unmet needs of individuals who have multiple sclerosis in order to enhance their quality of life and provide those with this disease great access to various treatments and other therapeutic options that may be available. 

A concurrent resolution, filed by Sen. Kehoe, addresses blood donations in Missouri.  Senate Concurrent Resolution 37 would recognize the first Tuesday of every September as American Red Cross Blood Donation Day. 

Senator Brad Lager, R-Savannah, filed Senate Concurrent Resolution 40, which would urge the U.S. Environmental Protection Agency in developing guidelines for regulating carbon dioxide emissions from existing power plants, to respect the primacy of the Show-Me State and others throughout the nation and rely on state regulators to develop such standards.

Senators return to the upper chamber to continue their work on many of the measures mentioned in this column, along with other pieces of legislation, on Monday, March 3, at 4 p.m.