JEFFERSON CITY – The legislative week started out with a list of committee cancellations and postponed floor debate due to a weather system that moved into Missouri and dramatically affected each part of the state.  However, lawmakers in the Missouri Senate made up for lost time this week by debating legislation that would make changes to Missouri’s income tax rates and a bill that would increase the cap on revenue bonds to renovate existing state buildings and construct a new state mental hospital in Fulton.

In addition, the first Senate bills of the session now head to the governor.  Senate Bill 649, 650, 651 and 653, sponsored by Sen. Brad Lager, R-Savannah, are part of a series of telecommunication infrastructure bills that relate to the right-of-way of political subdivisions, wireless communication infrastructure development, wireless communication services, and municipal utility poles, respectively.   If signed by the governor, the legislation would establish a statewide process for telecommunication companies to make infrastructure repairs and improvements. 

Senate Bill 668, sponsored by Sen. Ryan Silvey, R-Kansas City, is also on the way to the governor’s desk.  The legislation would require insurance companies that already cover both oral and injection chemotherapy treatments to offer equal out-of-pocket costs for these treatment methods.  Orally prescribed anti-cancer medications are in compliance with health benefit plans under the bill if they are offered at a rate that limits the total out-of-pocket cost to $75 for the 30-day period. 

Senators Advance Legislation to House Chamber

Senator Brian Munzlinger, R-Williamstown, brought Senate Bill 504 up for final approval this week.  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.

Senate Bill 735, sponsored by Sen. Dan Brown, R-Rolla, also advanced to the House.  The bill would require campground owners to inform campers of the ground’s policy regarding curfew, alcohol and tobacco use, and pets.  The legislation, which does not apply to Missouri state parks, would give owners the right to ask campers to leave the premises if they violate policies outlined in the bill.  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.

Legislation sponsored by Sen. Scott T. Rupp, R-Wentzville, also moved on to the other chamber.  Senate Bill 643 would remove the requirement to publish the revised statutes of Missouri every 10 years, and instead, allows them to be printed when the General Assembly adopts a concurrent resolution requesting the publication of the revised statutes. 

The Senate’s Daily Audio/Video Clips for March 6 include Sen. Rupp (Cut 4) describing how Senate Bill 643 would change current law regarding the printing of these revised statutes.

Finally, Senate Bill 530, sponsored by Sen. Doug Libla, R-Poplar Bluff, received the Senate’s final approval.  The legislation would allow drug use or convictions to be used in determining the parental fitness in proceedings regarding the termination of parental rights.  The bill would speed up the process of terminating parental rights for those parents who are deemed unfit, provide drug-addicted parents with assistance in establishing a safe place to live for their children, and prevent children from spending unnecessary time in the state’s foster care system. 

The Senate’s Daily Audio/Video Clips for March 6 feature Sen. Libla (Cut 5) and Senate Minority Floor Leader Jolie Justus, D-Kansas City (Cut 6), discussing Senate Bill 530 before it received final approval in the Senate. 

Upper Chamber Gives Bills First-Round Approval

In a seldom used motion on the Senate floor, Sen. Eric Schmitt, R-Glendale, requested to bring up his legislation, Senate Bill 666, for reconsideration after it was initially approved by the Senate last week.  The bill 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.  The legislation was reconsidered to address technicalities in the bill, including ensuring taxpayers are residents of Missouri and their property is located in the Show-Me State.  Under the bill, 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 before moving on to the House. 

Senators Debate Numerous Bills in the Upper Chamber

Senators took up Senate Bill 723 for consideration this week that would raise the cap on the amount of revenue bonds that may be issued and limit the use of funds to renovate existing buildings in Missouri.  The legislation, sponsored by Sen. Mike Parson, R-Bolivar, would raise the cap on the amount of revenue bonds that may be issued by the State Board of Public Buildings from $775 million to $1.175 billion to renovate or repair existing buildings or facilities, except for certain bonds that may be used for the construction of a new mental health facility in Callaway County, replacing the current Fulton State Hospital.  For projects on the campuses of public colleges and universities, the bill would raise the cap on the amount of revenue bonds that may be issued from $175 million to $375 million for renovation or repair of existing buildings and facilities.  The last project funded by revenue bonds was the Chillicothe Correctional Facility in 2006. 

The Senate’s Daily Audio/Video Clips for March 5 feature Sen. David Pearce, R-Warrensburg (Cut 2), discussing some of the projects that would benefit from the passage of Senate Bill 723.

Senate Bill 509, sponsored by Sen. Will Kraus, R-Lee’s Summit, would change several provisions relating to income taxes in Missouri.  The legislation includes triggers that, when reached, would implement three specific tax cuts:

• Reducing the top tax rate on personal income by one-quarter of a percent if the state’s foundation formula is fully funded and the state revenues increase by at least $200 million.
• Applying an additional reduction to the top rate on personal income would by 3/20 of a percent (.15 percentage points) if the state prohibits authorization of more than $90 million in historic preservation tax credits and $110 million in low-income housing tax credits in one year.
• Creating an individual income tax deduction for business income that would be limited to 25 percent of business income and capped at $100,000 in a single tax year; this deduction would only take effect if the historic preservation and low-income housing tax credits are lowered.

The Senate’s Daily Audio/Video Clips for March 5 include Sen. Paul LeVota, D-Independence (Cut 3), Sen. Jamilah Nasheed, D-St. Louis (Cut 4), Sen. Schmitt (Cut 5), and Sen. Kurt Schaefer, R-Columbia (Cut 6), debating Senate Bill 509 on the Senate floor.

Senators also considered legislation this week that would make changes to state law relating to civil actions for damages.  Senate Bill 589, sponsored by Sen. Brown, addresses reservation of rights — notification that coverage for any claim may not apply — presented by insurance companies used in a civil action against insurers, instances when insurers breach their duty to defend, equitable garnishment actions against insurers, and contracts that would limit recovery between the insured and certain individuals.  In addition, the legislation states each defendant for compensatory or punitive damages in tort actions would not be jointly liable.  Instead, each defendant would be liable only for the amount of damages in direct proportion to the defendant’s percentage of fault, as opposed to holding the defendant responsible for being jointly and severally liable for the judgment amount when they are found to bear 51 percent or more of the fault.  Also, the legislation would prohibit attorneys from collecting a contingency of more than a specified percentage of the damages, among other provisions.

The Senate’s Daily Audio/Video Clips for March 6 feature Sen. Scott Sifton, D-Affton (Cut 1), and Sen. Schaefer (Cut 2) discussing Senate Bill 589 in the Senate. 

Lawmakers this week also spent time debating Senate Bill 519, sponsored by Sen. David Sater, R-Cassville.  His legislation would extend the timeframe a woman could undergo an abortion to 72 hours.  Current law in Missouri requires a 24-hour waiting period to perform the procedure.  

The Senate’s Daily Audio/Video Clips for March 6 include Sen. Jason Holsman, D-Kansas City (Cut 3), talking about an amendment offered to Senate Bill 519.

Committee Meetings Continue in the Senate

The Senate Appropriations Committee continued its work throughout the week considering the budgets for various state departments and programs, including the Department of Elementary and Secondary Education and the Department of Social Services. 

On Tuesday, members of the Senate Financial and Governmental Organizations and Elections Committed voted “do pass” Senate Bill 631, sponsored by Sen. Wayne Wallingford, R-Cape Girardeau.  The bill 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. 

The committee also gave its approval to Senate Bill 708, sponsored by Sen. Sifton, which would allow emergency workers to request, receive and submit absentee ballots in the event of a state of emergency declared by the state or federal government.  Another bill sponsored by Sen. Sifton, Senate Bill 728, was voted “do pass” by the Financial and Governmental Organizations and Elections Committee.  The legislation would, among other provisions, impose a term of up to 15 years with no monetary penalty (Class B felony) for knowingly registering to vote in the name of another person or registering when someone is not legally entitled. 

Legislation sponsored by Sen. Bob Dixon, R-Springfield, also received the committee’s approval.  Senate Joint Resolution 39, if approved by voters, would change the redistricting procedures for state Senate and House districts.  Under this constitutional amendment, if a court invalidates a reapportionment or reapportionment commission discharges, a new reapportionment commission would be appointed in the same manner that it was previously appointed and the reapportionment process begins again.  The joint resolution also addresses how reapportionment commissions hold their meetings, the makeup of reapportionment commissions and limitation of commission members serving in the General Assembly, the residency requirements of members of the Legislature, and how lines are drawn when drafting Senatorial districts.  

Senate Joint Resolution 38, sponsored by Sen. Brian Nieves, R-Washington, received a hearing in the Senate General Laws Committee.  This constitutional amendment, if approved by voters, would prohibit the three branches of government in Missouri from recognizing, enforcing or acting on any federal operation that exceeds the powers delegated to the federal government, including those related to the Second Amendment; abortions; carbon emissions; health care; same sex marriages or civil unions; punishments for hate crimes; separation between church and state; and children’s education, including where they attend school and their curriculum.  The amendment would also require the state to interpret the U.S. Constitution based on its language and the original intent of its signers.

In the Senate Transportation and Infrastructure Committee on Wednesday, members voted “do pass” several measures, including Senate Bill 594, sponsored by Sen. Libla, that would increase the minimum age of certain inoperable vehicles and repeal the requirement of a lien check to qualify for the exceptions to the duty of scrap metal operators to obtain certificates of title; Senate Bill 707, sponsored by Sen. Jay Wasson, R-Nixa, which would change the definitions of “all-terrain vehicle,” “recreational off-highway vehicle,” and “utility vehicle”; and Senate Bill 785, sponsored by Sen. Mike Kehoe, R-Jefferson City, which would expand the opportunity to obtain the  state’s one-time seven-day temporary boating safety identification card for nonresidents to all Missouri residents. 

The committee also gave its approval to two bills sponsored by Sen. Schaefer.  Senate Bill 696 would increase the penalties and driver’s license suspension periods for those who fail to yield the right-of-way in certain situations, and Senate Bill 762 would limit the release of information collected by vehicle data recorders.  In addition, the Transportation and Infrastructure Committee advanced to the upper chamber Senate Bill 746, sponsored by Sen. Munzlinger, which would exempt traffic violations enforced by automated traffic enforcement systems from the mandatory driver’s license point system.

The Senate Seniors, Families and Pensions Committee gave its approval to legislation sponsored by Sen. Wallingford that would designate the priority of state funding for family planning services.  Senate Bill 660 would set priority for health care facilities owned or operated by the state, non-public hospital and federally qualified health centers, rural health clinics, and finally non-public health providers.  The committee also advanced to the upper chamber Senate Bill 712, sponsored by Sen. Gina Walsh, D-Bellefontaine Neighbors.  Her legislation would create a right to unpaid leave for employees who are affected by domestic violence. 

Members of the Senate Rules, Joint Rules, Resolutions and Ethics Committee gave their approval to a number of measures, sending them to the full Senate for possible debate:

• Senate Bill 667, sponsored by Sen. Schmitt, would change the current gubernatorial appointments process for acting directors and members of state boards and commissions;
• Senate Concurrent Resolution 31, sponsored by Sen. Parson, would urge U.S. Congress and the president to reauthorize the Terrorism Risk Insurance Program.  Signed by the president in 2002, the law created temporary federal program that provided for a transparent system of shared public and private compensation for certain insured losses resulting from a certified act of terror.  The act was extended in 2005 through 2007, and 2007 through 2014.
• Senate Concurrent Resolution 32, sponsored by Sen. Rob Schaaf, R-St. Joseph, would declare Missouri’s stance on stroke awareness by joining with national and state stroke awareness and prevention organizations in the month of May to observe Stroke Awareness Month. 

However, the Rules, Joint Rules, Resolutions and Ethics Committee’s motion failed on a partisan vote to advance Senate Concurrent Resolution 27, sponsored by Sen. Joseph Keaveny, D-St. Louis.  The resolution would have directed the Oversight Division on the Committee on Legislative Research to study the costs of administering the state’s death penalty. 

The Jobs, Economic Development and Local Government Committee held a hearing on Senate Bill 835, sponsored by Sen. Munzlinger.  The bill would require county salary commissions to increase sheriffs’ salaries by 15 percent on Sept. 1, 2014, by 10 percent on Jan. 1, 2015, and then by 5 percent every year following these initial increases.  The salary increases would come from a fund established by the county treasurer that contains up to $50,000 received by the sheriff for serving court orders in civil cases and assisting in property sales. 

In the Senate Agriculture, Food Production and Outdoor Resources Committee, lawmakers heard testimony on Senate Bill 850, sponsored by Sen. Munzlinger.  His bill would require the Department of Social Services to create a pilot program in order to provide Supplemental Nutrition Assistance Program (SNAP) participants with access to affordable fresh fruit and vegetables at farmers’ markets. 

Two bills sponsored by Sen. Brown also had hearings in this committee.  Senate Bill 814 would reauthorize the wood energy producers tax credit — which at one time promoted the use of processed wood residue and its byproducts in the production of charcoal and other wood products — and cap the amount of tax credits available under the program each fiscal year.  Senate Bill 859 would repeal the sunset provision of the large animal veterinarian student loan program, established by the General Assembly in 2007 to assist students currently enrolled or students who have been accepted into the University of Missouri’s College of Veterinary Medicine with their financial burden.

Members of the Senate Education Committee heard testimony on Senate Bill 795, sponsored by Sen. Lager, which would repeal a provision of state law that prohibits higher education institutions and government and quasi-government entities from establishing, operating, maintaining, offering incentives to participate in or mandating participation in a quality rating system for early childhood education without statutory authority. 

The committee also held hearings on two bills sponsored by Sen. Keaveny.  Senate Bill 538 and Senate Bill 539 would allow school districts and charter schools to receive state aid for children ages 3 to 5 participating in the district’s or charter school’s pre-kindergarten program; Senate Bill 538 includes a provision regarding the children’s eligibility for free and reduced lunch.

Finally, the Education Committee conducted a hearing on Senate Bill 521, sponsored by Sen. Ed Emery, R-Rogersville, which would change provisions relating to elementary and secondary education, including school report cards, teacher tenure and reduction in force, teacher and administrator evaluations, and salary schedules. 

Members of the Senate Judiciary and Civil and Criminal Jurisprudence Committee gave its approval to several measures this week, including Senate Bill 745, sponsored by Sen. Munzlinger, which would change state statutes regarding concealed carry (CCW) permits.  The legislation, among other provisions, would create and maintain a statewide CCW permit system accessible to sheriffs and law enforcement agencies; and ban CCW information from being distributed to any federal, state, or private entities, with exceptions.  The committee also advanced to the full Senate legislation sponsored by Sen. Dixon.  Senate Bill 790 would change penalties for first degree murder when a person was under the age of 18 at the time of committing the offense. 

The Senate Governmental Accountability and Fiscal Oversight Committee wrapped up Wednesday’s committee meetings with hearing on Senate Bill 842, sponsored by Sen. Parson.  Current actions taken by the Department of Revenue (DOR) regarding how inspections are conducted, as well as how samples of certain diesel fuel are removed from various machines and vehicles to determine the coloration of that fuel, are under examination by the General Assembly.  Consumers may apply for a refund of the Missouri fuel tax when fuel is used in an exempt manner, such as off-road use like farming or construction — this fuel is dyed red.  Senator Parson’s legislation would limit these types of inspections by banning these investigations regarding anyone who is not holding the fuel for wholesale or retail and who is not located at certain places, unless the DOR agent has reasonable suspicion to believe that a violation is being committed. 

Legislation sponsored by Sen. Sater would make change to Missouri’s Temporary Assistance for Needy Families (TANF) Program.  Senate Bill 736 would prohibit TANF electronic benefits (EBT) cards from being used out-of-state, with exception, and require the Department of Social Services to immediately apply a total full-family unity sanction on TANF benefits if an investigation determines a person is not cooperating with a work activity requirement under the program.  Beginning Jan. 1, 2015, the legislation would also make the life-time limit for TANF 24 months, impose a family cap on increase the monthly benefit based on the birth of an additional child born 10 months after the case for a family unit is opened, and implement a cash diversion program that grants eligible TANF benefits recipients lump-sum cash grants for short-term needs instead of signing up for the long-term monthly cash assistance program. 

The committee also heard testimony on Senate Bill 819, also known as the Fourth Amendment Protection Act.  Sponsored by Sen. Wallingford, his bill would enact multiple provisions to protect personal privacy from governmental intrusion, especially in the area of the collection of electronic data.  Senate Bill 753, sponsored by Sen. Keaveny, would require the state auditor to make a one-time report on the costs of administering the death penalty, including cases in which the death penalty is sought and imposed to the costs for cases in which the death penalty is not sought and the defendant is sentence to life with parole to cases in which the death penalty is sought, but not imposed.

Finally, the Governmental Accountability and Fiscal Oversight Committee voted “do pass” Senate Bill 680, sponsored by Sen. Shalonn “Kiki” Curls, D-Kansas City.  Her legislation would expand the eligibility requirements for food stamp assistance in Missouri, allow those individuals who have a possession or use of a controlled substance felony conviction to be eligible for food stamp benefits as long as they meet certain guidelines.

Meetings on Thursday included a hearing on Senate Bill 739 in the Senate Veterans’ Affairs and Health Committee.  Sponsored by Sen. Gary Romine, R-Farmington, his legislation makes several changes to Missouri’s health care program for low-income and vulnerable citizens known as MO HealthNet. These changes include assessing a limits increase to qualify for Medicaid; lowering the eligibility levels under certain circumstances for participants diagnosed with breast or cervical cancer, pregnant women, and infants under 1 year old; taking into consideration parents’ access to health insurance regarding eligibility requirements for the Children’s Health Insurance Plan (CHIP); developing incentive programs to permit health care access in low-income public schools; creating the Show-Me Healthy Babies Program as a separate children’s health insurance program for any low-income unborn child; and extending MO HealthNet managed care program statewide by Jan. 1, 2015, for all eligibility groups currently enrolled in a managed care plan as of Jan. 1, 2014, among other provisions. 

The Veterans’ Affairs and Health Committee also voted “do pass” Senate Bill 748, sponsored by Sen. Walsh.  The legislation 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. 

The Senate wrapped up its ninth week of session by delivering a handful of measures to the House and advancing 22 pieces of legislation out of committee.  Lawmakers will return to the upper chamber Monday, March 10, at 4 p.m. to continue their work before they break for the General Assembly’s annual spring recess, which runs March 17- 21, 2014.