JEFFERSON CITY – Before lawmakers headed back to their respective legislative districts for their annual spring recess, senators advanced several measures to the House for its consideration, with nearly 60 Senate bills and joint resolutions awaiting legislative action in the House chamber at the mid-session mark.  Of those Senate bills, five are still pending the governor’s approval.

Among those bills is Senate Bill 668, sponsored by Sen. Ryan Silvey, R-Kansas City, which would require health insurance plans to establish equal out-of-pocket costs for covered oral and intravenously administered chemotherapy medications.  In addition, a series of bills (Senate Bill 649, 650, 651, and 653) sponsored by Sen. Brad Lager, R-Savannah, designed to establish a statewide process for telecommunication companies to make infrastructure repairs and improvements, also await the governor’s approval.  Article III, Section 31, of the Missouri Constitution states the governor has 15 days to act on the legislation delivered to his desk by the General Assembly during the legislative session. 

The Senate’s Daily Audio/Video Clips for March 13 include Senate President Pro Tem Tom Dempsey, R-St. Charles (Cut 3), and Senate Minority Floor Leader Jolie Justus, D-Kansas City (Cut 4), talking about progress the Senate has made on legislation during the first half of the 2014 session. 

Senate Bills Move on to the House of Representatives

Legislation sponsored by Sen. Will Kraus, R-Lee’s Summit, would redefine certain terms when determining a person’s disqualification from unemployment benefits.  Senate Bill 510 would redefine “misconduct” as knowingly disregarding the interest and knowingly violating the standards an employer expects.  The misconduct standard would apply when the conduct is connected to work, regardless of whether it happens in the workplace or during work hours.  Currently, employees are disqualified from unemployment benefits if they leave work without good cause.  This legislation would define “good cause” as a term that would compel employees to stop working or require the workers to separate from their job due to illness or disability. 

Senate Bill 523, sponsored by Sen. Ed Emery, R-Lamar, would prohibit school districts from requiring students to use identification devices that utilize radio frequency identification technology to identify students, transmit information regarding students, or monitor or track students’ locations. 

The Senate’s Daily Audio/Video Clips for March 11 include Sen. Ed Emery, R-Lamar (Cut 3), and Senate Minority Floor Leader Jolie Justus, D-Kansas City (Cut 4), debating Senate Bill 523 on the Senate floor. 

A measure sponsored by Sen. Rob Schaaf, R-St. Joseph, would extend allocation of tax revenues from the nonresident entertainer and athlete tax from 2015 to 2020.  Missouri applies income tax to amounts earned by athletes and entertainers like all other professions.  The state also applies withholding tax to the amounts paid to non-resident athletes and entertainers.  This tax revenue would continue under Senate Bill 612, which distributes this revenue base among the Missouri Arts Council Trust Fund, the Missouri Humanities Council Trust Fund, the Missouri State Library Networking Fund, the Missouri Public Television Broadcasting Corporation Special Fund, and the Missouri Historic Preservation Revolving Fund.

Senate Bill 667, sponsored by Sen. Eric Schmitt, R-Glendale, 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 no replacement is named by the governor during this 60-day time period, then the office would be considered vacant.

Senate Bill 859, sponsored by Sen. Dan Brown, R-Rolla, also advanced to the House.  The measure 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.

Senators also utilized time on the floor to give final passage to Senate Bill 718, sponsored by Senate Majority Floor Leader Ron Richard, R-Joplin, which would prohibit prevailing wage from applying to laborers who work on public works projects and agree to volunteer their labor, without pay.  An amendment offered by Sen. Gina Walsh, D-Bellefontaine Neighbors, later adopted by the Senate, specified the definition of individuals who volunteer their labor without pay to not include a prisoner in any jail or prison facility.

The Senate also adopted Senate Concurrent Resolution 31, sponsored by Sen. Mike Parson, R-Bolivar.  The resolution urges U.S. Congress and the president to reauthorize the Terrorism Risk Insurance Program by supporting the reauthorization of federally provided terrorism reinsurance for insurers to maintain stability in the insurance and reinsurance markets. 

Senate Concurrent Resolution 32, sponsored by Sen. Schaaf, also received the Senate’s adoption motion.  The resolution 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.

Initial Approval Granted to Several Senate Bills

The Senate gave its first-round approval to Senate Bill 691, sponsored by Sen. Jay Wasson, R-Nixa, which 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.  If policies exclude this coverage, the bill would require insurance policies to state consumers’ policies do not provide coverage for sinkhole losses and they may purchase additional coverage for sinkhole losses for an additional premium.  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. 

Legislation Considered During Floor Debate

The Senate took up legislation designed to overhaul Missouri’s criminal code this week.  Senate Bill 491, sponsored by Sen. Justus, revises the state’s criminal code, which is the first large-scale revision of the criminal code since 1979.  Missouri’s criminal code contains crimes and punishments, sentencing provisions, defenses, and principals.  Global changes in Senate Bill 491 include cohesive and consistent revisions that would allow prosecutors, defense lawyers, defendants, crime victims and the judiciary provisions to have a concise set of rules and consequences relating to drug- and intoxication-related offenses, sex offenses, elder and vulnerable person abuse, and new felony and misdemeanor classes, among other provisions relating to crimes.  The bill would not create any new crimes nor criminalize any new actions.

Criminal law practitioners, public defenders and criminal defense lawyers spent several years drafting a legislative proposal to update the code.  Since its initial filing in 2012, this criminal code revision legislation underwent a vetting process within the Legislature, which included the Joint Interim Committee on the Missouri Criminal Code, created in 2012; a hearing session spanning several weeks in 2013 along with more interim committee hearings in that same year; and then multiple committee hearings on legislation filed this year, resulting in more than 20 public hearings on the revised criminal code legislation.  In addition, the Senate Judicial and Civil and Criminal Jurisprudence Committee created an online portal to accept comments and feedback, along with links to informational tools related to the updated code proposal.

The most significant change in the legislation is a new Class E felony, which would close the gap between Class B (current prison term between 5-15 years) and Class C (current prison term between 1-7 years). In addition, drug-related prior and persistent offenders will be treated the same under Senate Bill 491, ensuring career criminals remain behind bars.   The legislation also would provide prosecutors with the tools they need to put prior and persistent offenders behind bars.  Reorganization of criminal statutes is also found in the bill, which explains its more than 1,000 pages. The effective date for the proposed criminal code revision is set for Jan. 1, 2016, to allow criminal law practitioners, law enforcement and the judiciary to train individuals and implement the changes noted in the legislation.  The Legislature would also have an additional year before implementation of Senate Bill 491 in order to make any potential revisions to the bill. 

 

The Senate’s Daily Audio/Video Clips for March 12 feature Senate Minority Floor Leader Jolie Justus, D-Kansas City (Cut 1), and Senate President Pro Tem Tom Dempsey, R-St. Charles (Cut 2), debating Senate Bill 491 on the Senate floor.  The Senate’s Daily Audio/Video Clips for March 13 include Sen. Jamilah Nasheed, D-St. Louis (Cut 1), discussing a portion of the legislation.

The Missouri Senate also spent a considerable amount of time picking up where they left off last week on another measure sponsored by Sen. Kraus.   Senate Bill 509 would provide Missouri residents with adjusted gross incomes of less than $20,000 with a personal exemption of $3,100.  Currently, there is a personal exemption amount of $2,100 for personal income taxes.  The legislation also sets out to reform tax credits, starting with capping historic preservation tax credits at $80 million for projects receiving at least $275,000 in tax credits and $10 million for projects receiving less than $275,000 in tax credits.  Low-income housing tax credits would be capped at $100 million each year for authorizations of 9 percent low-income housing tax credits and $10 million for authorizations of 4 percent low-income housing tax credits. 

The Senate’s Daily Audio/Video Clips for March 11 include Sen. John Lamping, R-Ladue (Cut 1), and Sen. Jamilah Nasheed, D-St. Louis (Cut 2), discussing Senate Bill 509 during debate.

Senate Bill 814, sponsored by Sen. Brown, also received debate in the Senate chamber.  The legislation 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. 

Senators Continue Discussion on Bills in Committees

One of the first meetings scheduled on Monday included the Senate Financial and Governmental Organizations and Elections Committee, which conducted a hearing on Senate Bill 655, sponsored by Sen. Kraus.  The measure would require tenants to have 24 hours to vacate the premises following a court order for immediate eviction.  After this 24-hour timeframe, the landlord would have the right to re-enter and take possession of the rental property.  The legislation also changes the definition of “lessee” by restricting the term to only individuals who have leased the premises and are obligated to pay rent, and “occupant,” as a person who is lawfully occupying a dwelling as a tenant or lessee.

Other legislation sponsored by Sen. Kraus also received a hearing in this committee.  Senate Bill 892 would change the presidential primary election date from February to April and Senate Bill 893 would move the date of Missouri’s primary election from August to June. 

The Financial and Governmental Organizations and Elections Committee also gave its approval to Senate Bill 782, sponsored by Sen. Gary Romine, R-Farmington.  His bill would allow someone who has certification from the American Board for Certification of Teacher Excellence (ABCTE) to obtain teacher certification in the area of elementary education.

The Senate Judiciary and Civil and Criminal Jurisprudence Committee wrapped up the committee schedule on Monday to hear testimony on legislation that relates to inspections of abortion facilities and medical emergencies as they relate to abortions.  Senate Bill 770, sponsored by Sen. Wayne Wallingford, R-Cape Girardeau, would require no notice to be given prior to any inspection and delineate procedures for closing of abortion facilities.  In addition, the legislation would change the definition of medical emergency to specify that it would not include psychological or emotional conditions. 

This committee also advanced several bills to the full Senate for possible debate.  Senate Bill 490, sponsored by Sen. Lager, would change state law relating to whistleblower protection, barring employers from discharging or retaliating against certain individuals when their actions are a motivating factor in the discharge or retaliation.  In addition, employees would have a private right of action for actual, but not punitive, damages under the act. 

Senate Bill 758, sponsored by Sen. Justus, would change the term “free health clinic” to “community health clinic” and modify this term, for the purposes of the State Legal Expense Fund as a center that would be exempt from federal taxation, which provides primary care and preventative services to people without health insurance.

Numerous committees held hearings on Tuesday, including the Senate Committee on Seniors, Families and Pensions.  Senator Scott Sifton, D-Affton, is sponsoring Senate Bill 759, which would create the Missouri Parent/Teacher Involvement Program to award grants to schools in order to develop and build trusting relationships between families and school staff.  The Department of Elementary and Secondary Education would be responsible for coordinating and administering the program, which is designed to contribute to the academic and social success of students in Missouri.  The legislation outlines requirements for K-12 schools required to operate the Missouri Parent/Teacher Involvement Program.

Members of the Senate Appropriations Committee heard testimony on House Bill 2014, the Legislature’s supplemental budget bill. This legislation, which totals nearly $327 million, includes supplemental funding for education, including providing funding for the remaining months of 2014 for the state’s K-12 school foundation formula ($13.7 million), for the approximate 5,000 students in the Normandy School District to complete its 2013-14 school year ($1.5 million), and for services for families with young children with disabilities or developmental delays provided by the First Steps Program ($7.5 million).  A large portion of the supplemental budget goes toward the state’s Mo HealthNet system, which provides health care for a portion of low-income and vulnerable citizens in the state of Missouri.  The Appropriations Committee gave its approval to the supplemental bill later in the week, moving it to the full Senate for debate.

In the Senate Rules, Joint Rules, Resolutions and Ethics Committee, members conducted hearings on legislation sponsored by Sen. John Lamping, R-Ladue.  Senate Bill 512 would change Missouri’s laws relating to ethics, including campaign finance, lobbying, and public official conflicts of interest.  The committee also heard testimony on several concurrent resolutions, including:

• Senate Concurrent Resolution 33, sponsored by Sen. Wallingford, which would recognize the month of February as “Oral Health Awareness Month” and support health policies that promote oral health.
• Senate Concurrent Resolution 34, sponsored by Sen. Paul LeVota, D-Independence, would urge the National Football League to award an upcoming Super Bowl to Kansas City.  In addition, the resolution would further urge the Department of Economic Development to establish a task force to examine what measures need to be taken in order to bring the event to Missouri.
• Senate Concurrent Resolution 36, sponsored by Sen. Wasson, would establish a Multiple Sclerosis (MS) Task Force to develop strategies in order to identify and address the unmet needs of individuals who have MS to enhance their quality of life and provide those with the disease greater access to various treatments and other therapeutic options available.  The task force would report its recommendations and findings to the General Assembly by Jan. 15, 2015.
• Senate Concurrent Resolution 37, sponsored by Sen. Mike Kehoe, R-Jefferson City, would recognize the first Tuesday of every September as American Red Cross Blood Donation Day.  Since its request by U.S. Congress prior to the beginning of World War II for a national blood collection program to support members of the Armed Forces, the organization now provides nearly 40 percent of the United States’ blood supply.
• Senate Concurrent Resolution 40, sponsored by Sen. Lager, 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 Missouri and other states and rely on state regulators to develop such standards. 
• The first House measure to reach the Rules, Joint Rules, Resolutions and Ethics Committee is House Concurrent Resolution 4.  The resolution calls upon the president and his administration to support the increased importation of oil from Canadian oil sands and approve the newly routed TransCanada Keystone XL pipeline to reduce the nation’s dependency on unstable governments, strengthen ties with an important ally, and create jobs for American workers.  The resolution also asks for the support and facilitation of oil production off the northern coast of Alaska to decrease the country’s dependence on foreign oil and spur investment in the American economy.   

The Senate’s Daily Audio/Video Clips for March 11 feature Sen. John Lamping, R-Ladue (Cut 7), presenting Senate Bill 512 before members of the Senate Rules, Joint Rules, Resolutions and Ethics Committee.  The panel also heard a presentation by Sen. Paul LeVota, D-Independence (Cut 8), on Senate Concurrent Resolution 34.

The Rules, Joint Rules, Resolutions and Ethics Committee this week also gave its unanimous approval to Senate Concurrent Resolution 28, sponsored by Sen. David Pearce, R-Warrensburg.  The resolution would support the resumption of the Trade and Investment Framework Agreement talks between the United States and Taiwan. 

Senators who serve on the Committee on Small Business, Insurance and Industry held a hearing on Senate Bill 559, sponsored by Sen. Sifton.  His legislation would prohibit insurance companies from requiring waiting periods for coverage for maternity benefits and require this particular coverage to begin immediately on the effective date of the health insurance policy or plan. 

The committee also voted “do pass” Senate Bill 531, sponsored by Sen. Jamilah Nasheed, D-St. Louis, which would, upon voter approval, raise the minimum wage from $7.50 to $10.00 an hour starting Jan. 1, 2015.  The legislation would also raise the minimum tipped wage from 50 to 60 percent of the minimum wage.  In addition, the act would apply the cost-of-living adjustment each year regardless of whether the statutory minimum or federal minimum is used.  The bill would also increase the penalty for paying lower than minimum wage from the full amount of the wage to twice that amount and lengthen the statute of limitations for bringing this claim from two to three years. 

Also advancing out of the Small Business, Insurance and Industry Committee is Senate Bill 769, sponsored by Sen. Pearce.  The measure would require health benefit plans to provide coverage for the diagnosis and treatment of eating disorders, including the broad array of specialist services deemed necessary by patients’ treatment plans. 

The Senate Commerce, Consumer Protection, Energy and the Environment Committee wrapped up hearings on Tuesday by considering testimony on Senate Bill 841, sponsored by Sen. Wasson.  The legislation extends the ban on smoking or using tobacco products in certain places, as well as requiring certain actions in selling tobacco products, to those selling or distributing alternative nicotine products or vapor projects, such as e-cigarettes.  The legislation would also require sellers of alternative nicotine products or vapor products to have a retail sales tax license.  In addition, the Department of Revenue would be required to provide a list of all establishments that sell these products to the Division of Liquor Control, which would have the authority to inspect all stores for compliance.

On Wednesday, the Senate Seniors, Families and Pensions Committee kicked off the hearing schedule for the day by giving approval to Senate Bill 754, sponsored by Sen. David Sater, R-Cassville.  His legislation 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.

Members of the Senate Jobs, Economic Development and Local Government Committee conducted a hearing on Senate Bill 743, sponsored by Sen. Schmitt.  The legislation would require all tax credit programs created on or after Aug. 28, 2014, to comply with the Tax Credit Accountability Act of 2004.  The Department of Economic Development is required to assign these new tax credit programs to one of the categories of tax credit defined in the 2004 act, which requires certain information be provided in applying for tax incentives and mandates the reporting of information after a credit is received. 

In the Senate Progress and Development Committee, members held hearings on several measures, including legislation sponsored by Sen. Walsh.  Senate Bill 775 would abolish the death penalty and provide that any person sentenced to death before Aug. 28, 2014, must be sentenced to life in prison without parole. 
 

The Senate’s Daily Audio/Video Clips for March 12 include Sen. Gina Walsh, D-Bellefontaine Neighbors (Cut 3), and Sen. Wayne Wallingford, R-Cape Girardeau (Cut 4), discussing Senate Bill 775 in the Senate Progress and Development Committee.

The committee also heard testimony on Senate Bill 787, sponsored by Sen. Justus, which would create the Capital Sentencing and Protocols Commission that would be responsible for determining the procedures for the administration of the death penalty, which would go through the rulemaking process under state statute. Policy decisions made by the commission would not address whether the death penalty should be administered, but rather the type of drugs that may be used by the execution team that administers lethal injection.

The Progress and Development Committee also conducted a hearing on a measure sponsored by Sen. Schaaf.  Senate Bill 804 would change the rulemaking relating to executions, prohibit the use of paper money to buy execution drugs, and bar certain people from serving as members of the state’s execution teams. 

Members of the Senate Education Committee voted “do pass” legislation sponsored by Sen. Lager.  Senate Bill 795 would repeal the current statutory prohibition on higher education institutions, governmental entities and quasi-governmental 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 Senate Governmental Accountability and Fiscal Oversight Committee rounded out the hearings scheduled on Wednesday.  Members conducted a hearing on Senate Bill 826, sponsored by Sen. Brown, which would require corrections officers to receive, in addition to their regular pay, $75 per month for hazardous duty pay, starting Jan. 1, 2015.  Starting Jan. 1, 2016, this hazardous duty pay would increase to $150 each month. 

The committee also gave its approval to legislation sponsored by Sen. Parson.  The Department of Revenue (DOR) director or his agents may currently conduct inspections and remove samples of diesel fuel to determine its color.  Certain fuel is dyed red when it is used in an exempt manner, such as off-road use for farming or construction.  Consumers may apply for a refund of the Missouri fuel tax when using this type of fuel.  Senate Bill 842 would limit these types of inspections by the Department of Revenue by banning these inspections from consumers who are not holding the fuel for wholesale or retail sale and who are not located at certain places, unless the DOR agent has reasonable suspicious that consumers are committing violations.

On Thursday, the Senate Veterans’ Affairs and Health Committee concluded the week’s scheduled hearings by hearing testimony on several measures.  Senate Bill 684, sponsored by Sen. Jason Holsman, D-Kansas City, would require hospitals and ambulatory surgical centers to report prices for the 140 health care procedures that are most commonly performed.  The Department of Health and Senior Services would be responsible for including this information on its website.

Members also heard testimony on Senate Bill 709, sponsored by Sen. Wallingford.  The bill would create two new medallion programs, “Operation Iraqi Freedom and Operation New Dawn” and the “Operation Desert Shield and Operation Desert Storm” medallion program.  Veterans who served on active duty during certain dates, are legal residents of Missouri or were legal residents at the time of their discharge from military service, or were Missouri National Guard members (regardless of residency) would be eligible for a medal of appreciation for their service.  The legislation would also authorize the issuance of a military medallion, medal and certificate of appreciation to veterans who served in World War II, the Korean Conflict, or the Vietnam War as members of the Missouri National Guard, regardless of whether or not they are a resident of Missouri. 

Senate Bill 811, sponsored by Sen. Schaaf, which also received a committee hearing, would allow the use of investigational drugs by Missourians who have been diagnosed with a terminal illness and have considered all other treatment options currently approved by the U.S. Food and Drug Administration.  The legislation defines who is considered an eligible patient and what constitutes an investigational drug, product or device. In addition, the measure would not require health insurance companies to provide coverage for the cost of any investigational drug, product or device. 

Finally, the Veterans’ Affairs and Health Committee voted “do pass” Senate Bill 739, sponsored by Sen. Gary Romine.  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.  Under the legislation, asset limits would increase for Medicaid; eligibility levels would change for certain women and children who receive Mo HealthNet benefits; certain children eligible for the state’s Children’s Health Insurance Plan (CHIP) would only remain eligible if their parents do not have access to health insurance coverage for their children; health care facilities would have the ability to establish clinics, centers and practices in low-income public schools; the creation of the Show-Me Health Babies Program within the Department of Social Services would serve as a separate children’s health insurance program for low-income unborn children; and the current Mo HealthNet managed care program would be extended statewide for all eligibility groups currently enrolled in a managed care plan as of Jan. 1, 2014, among other provisions. 

Lawmakers annual spring recess runs March 17-21.  The Senate has scheduled a technical session on March 18 at 4:30 p.m.  The full Senate will return to the floor of the upper chamber March 24 to pick up debate starting at 4 p.m.