Capitol Briefing: Week of March 24, 2014 | |
Second Half of Legislative Session Well Underway with Senate Advancing Numerous Measures to House State budget for FY 2015 and criminal code remain top Senate priorities |
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JEFFERSON CITY – Before legislators broke for their annual mid-session recess, more than 540 Senate bills and over 1,150 House measures were filed in the General Assembly, totaling nearly 1,730 pieces of legislation (excluding withdrawn bills). Last week, five of the Senate bills that were delivered to the governor during the first half of the legislative session were signed into law. Now, senators are focusing on the remaining seven weeks of session to advance their legislative priorities, including passing a fiscally responsible budget and advancing a bill to the governor that will revise Missouri’s aging criminal code. Senate Advances Legislation to the House Numerous measures originating in the upper chamber are now on their way to the House. Senate Bill 691, sponsored by Sen. Jay Wasson, R-Nixa, would allow insurance companies to issue policies that exclusively cover sinkholes under the “Missouri Basic Property Insurance Inspection and Placement Program.” 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 sponsored by Sen. Brian Nieves, R-Washington, would make the paper ballot Missouri’s official ballot and require audits before election certification. Senate Bill 623 received final passage by the Senate this week. The measure would require all electronic voting systems to produce results from paper ballots marked by hand, or in the case of disabled voters who need assistance, from paper ballots marked by a paper ballot marking device designed to assist disabled voters. Remaining direct-record electronic voting machines would be phased out if they have mechanical failures. In addition, elections would not be certified until an audit is conducted. Senate Bill 745, sponsored by Sen. Brian Munzlinger, R-Williamstown, also received final approval by the Senate. The measure would change various laws regarding sheriffs and other law enforcement officers, county jail costs, the power to arrest, and concealed carry permits. Senate Revised Bill 714, sponsored by Sen. Brad Lager, R-Savannah, would repeal a number of expired, ineffective and obsolete statutory references, including the expiration of various interim committees, instances when certain sections of bills only apply to past years, or when various sections of past legislation were terminated. Senate revised bills are approved by the Committee on Legislative Research to remove outdated or expired sections of law. A measure sponsored by Sen. Brown would require hospitals that are discharging patients who are 65 years of age or older to offer them flu shots. In accordance with Centers for Disease Control and Prevention recommendations, Senate Bill 716 states hospitals, between the months of October and March, must offer flu shots to this population of patients before they leave the hospital, unless physicians indicate otherwise. Senate Bill 696, sponsored by Sen. Schaefer, would increase the penalties for existing laws regarding drivers’ failure to yield the right-of-way to emergency officials and others working on the roadways. Increases in the maximum penalty include:
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. Senator Will Kraus, R-Lee’s Summit, is sponsoring a bill that would require the Department of Revenue to notify sellers if there has been a change in the interpretation of sales tax laws that affect taxable personal property or services. Under Senate Bill 662, if the department fails to notify a seller of the change, the seller would not be liable for the additional taxes to be collected until the seller is notified. Senate Bill 656, also sponsored by Sen. Kraus, would require applicants for concealed carry permits to only demonstrate the ability to safely load and live fire from either a revolver or semiautomatic pistol. Missouri law currently requires testing with both types of firearms. Legislation sponsored by Sen. Maria Chappelle-Nadal, D-University City, would promote family involvement in a loved ones’ well-being at a long-term care facility. Senate Bill 564 would require the Department of Health and Senior Services to strongly encourage all long-term care facilities licensed in Missouri to institute policies to facilitate a family’s involvement in the welfare and support of residents of long-term care facilities. Also advancing to the House this week is Senate Bill 601, sponsored by Sen. Jason Holsman, D-Kansas City. The measure would reauthorize a deduction for energy efficiency audits and projects starting for tax year 2014 and expiring in 2020. The Senate gave its final approval to legislation sponsored by Sen. Wayne Wallingford, R-Cape Girardeau, which 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. Senator Eric Schmitt, R-Glendale, is sponsoring legislation this session that would allow any county in the state, including the City of St. Louis, to create a voluntary registry that includes individuals who have health-related ailments in order to assist those who are assisting in cases of disaster or emergency. Senate Bill 767 specifies the information that would be included in the registry, which would not be considered a public record. Senate Bills Receive First-Round Approval Senate Bill 509 & 496 is now one step closer to moving to the House. The legislation, sponsored by Sen. Kraus, would reduce the top personal income tax rate and create a business income deduction, both starting in 2017. Once fully phased in, the legislation would reduce the top tax rate on individual income to 5.5 percent. Each reduction to the rate would be by one-tenth of a percentage point. Regarding income tax deductions for businesses, each increase to the deduction would be by 5 percent, and once fully phased in, taxpayers would be allowed to deduct 25 percent of their business income. Shareholders and partners of S corporations and partnerships would be allowed to a proportional deduction based on their share of ownership. Both the personal and business income tax deduction would not go into effect unless the previous year’s general revenue was $150 million more than any one of the three prior fiscal year’s total general revenue. Senate Bill 509 & 496 also increases the personal income tax exemption from $2,100 by $500, totaling $2,600 for individuals with a Missouri adjusted gross income of less than $20,000. The Senate also gave its first-round approval to Senate Bill 723. The measure, 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. This new construction would replace 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. Legislation also sponsored by Sen. Parson addresses the titling sales tax for certain vehicles. Senate Bill 693 would exempt from sales tax the titling of motor vehicles that are more than 10 years old. This exemption would not apply to vehicles with the sale price of more than $15,000. Senate Bill 727, sponsored by Sen. Chappelle-Nadal, would create a sales and use tax exemption for farm products sold at farmers’ markets. The exemption would not apply to farm products sold by those who have sales of at least $25,000 through their participation in farmers’ markets. Language found in legislation sponsored by Sen. Munzlinger, Senate Bill 850, was added to the measure as an amendment. This added provision 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. Legislation sponsored by Senate Minority Floor Leader Jolie Justus, D-Kansas City, would change rules and requirements for child care providers that receive state or federal funds. Changes found in Senate Bill 720 include 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. Senate Bill 673, sponsored by Sen. Mike Kehoe, R-Jefferson City, would change the duration for unemployment compensation in the state. Current Missouri law states the maximum duration for an individual to receive unemployment benefits is 20 weeks. This act would directly correlate Missouri’s unemployment rate with the number of weeks available to receive unemployment benefits:
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. Senators Spend Time Debating Various Measures The Senate spent a considerable amount of time debating Senate Bill 790, sponsored by Sen. Bob Dixon, R-Springfield. His measure would change the penalties for first degree murder when a person was under the age of 18 at the time of committing the crime. In June 2013, the U.S. Supreme Court in the case Miller v. Alabama ruled that mandatory life sentences without parole for juvenile criminal offenders are unconstitutional. This court ruling resulted in no punishment for first degree murder under current law in Missouri for those individuals who committed murder before they turned 18. Senate Bill 790 would repeal the mandatory life sentence found unconstitutional and those who were 16 or 17 years old at the time of their crime may instead be sentenced to either 50 years in prison or life in prison without parole; those under 16 years old at the time of their crime may be sentenced to 35 years in prison or life without parole. Lawmakers also spent time this week considering Senate Joint Resolution 34, sponsored by Sen. Ed Emery, R-Lamar. This proposed constitutional amendment, if approved by voters in the state, would require all impeachments be tried by the Missouri Senate, instead of tried by the state’s Supreme Court. However, the chief justice of the Missouri Supreme Court would preside in trials of the governor’s impeachment. No official would be impeached without a two-thirds vote of all senators present. The Senate also considered this week Senate Bill 712, sponsored by Sen. Walsh, which would establish the guidelines for and create a right to unpaid leave for employees who are affected by domestic violence. The bill would allow citizens to take unpaid leave in order to prepare for or participate in a civil or criminal legal proceeding assistance if they or their family or household member have been a victim of domestic violence, which would include assault, battery, coercion, harassment, sexual assault, unlawful imprisonment or stalking. Senator Kraus is sponsoring a measure this session that addresses the information collected by automated license plate readers. During debate on Senate Bill 599, lawmakers discussed the measure that would create a class D felony for anyone that misuses license plate reader information collected; prohibit government entities from sharing the data collected with state or federal governments, except under certain circumstances; and restrict the storage of data collected through these plate reader systems to 30 days after they are automatically captured. Senate Committees Consider and Approve Numerous Bills Members of the Senate Seniors, Families and Pensions Committee on Tuesday held a hearing on legislation that would allow foster children to obtain car insurance. Senate Bill 805, sponsored by Senator Justus, would allow those in the foster care system who are 16 or older, in the legal custody of the Children’s Division under court order, and are qualified and competent to contract for car insurance with consent. The state nor foster parents would be responsible for paying the costs of the insurance premiums and the foster child would be liable for damages caused by his or her negligence. The committee also conducted a hearing on legislation sponsored by Sen. Schmitt. Senate Bill 869 would give the Children’s Division within the Department of Social Services the right to renegotiate adoption subsidy agreements between the division and adoptive parents, and temporarily suspend the subsidy if children are removed from the home when there is evidence of child abuse or neglect. Finally, the Seniors, Families and Pensions Committee heard testimony on Senate Bill 873, sponsored by Sen. Brown. His measure would make changes to background checks conducted for child placement and add pornography to the list of prohibited offenses used when determining if children, who have been taken into custody of the state or the jurisdiction of a juvenile court, can be reunited with their parents or placed back into a certain home. The Senate Small Business, Insurance and Industry Committee met this week to hold a hearing on legislation sponsored by Sen. Wallingford. Senate Bill 948 would allow certain payments to continue on an outgoing basis from the Second Injury Fund, a state fund that can help an injured worker when a current work-related injury combines with a prior disability to create an increase combined disability. The bill would allow the Division of Workers’ Compensation to continue to pay liabilities for physical rehabilitation payments; medical expenses for injuries to employees of uninsured employers that occurred before Jan. 1, 2014; and wage loss benefits for salary lost from secondary employment for injuries that happened before Jan. 1, 2014, regardless to the priority of other fund liability payments. Lawmakers serving on the Senate Rules, Joint Rules, Resolutions and Ethics Committee heard testimony on Senate Bill 752, sponsored by Sen. Paul LeVota, D-Independence. Right now in Missouri, elected or appointed officers under the laws of the state must hold their offices until their successors are appointed, commissioned and qualified. This act states appointed officers must hold their office only until their term ends; if a successor is not appointed, then the office would remain vacant until a replacement is appointed. The committee also conducted hearings on several House concurrent resolutions.
The Rules, Joint Rules, Resolutions and Ethics Committee also gave its approval to numerous measures, moving them to the full Senate for potential debate.
In the Senate Commerce, Consumer Protection, Energy and the Environment Committee, members conducted a hearing on Senate Bill 914, sponsored by Sen. Munzlinger. His bill would make it a crime to discharge, displace, remobilize, or cause the erosion of any sediment into all rivers, streams, lakes and other bodies of water in Missouri. The committee also voted “do pass” Senate Bill 678, sponsored by Sen. Curls, which would change the way the state addresses licensing and training for lead abatement and renovation by allowing the Department of Health and Senior Service to implement a renovation program authorized by the Environmental Protection Agency. Senate Bill 841, sponsored by Sen. Wasson, would prohibit the sales of alternative nicotine products or vapor products to those under the age of 18 and require these products to be taxed as tobacco products. 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. Members of the Senate General Laws Committee heard testimony on Senate Bill 933, sponsored by Sen. Nieves. The measure states the Missouri State Auditor has the authority to audit any museum in the same manner as any state agency. In addition, the bill also addresses claims against a museum, museum records, museum districts and offices, and merchandising practices for museum districts. The committee also gave its approval three bills sponsored by Sen. Nieves. Senate Bill 618 would prohibit Missouri and any local government within the state from implementing any policy recommendations that infringe on private property rights and are traceable to Agenda 21, Senate Bill 619 would specify how courts may rule in contractual disputes involving the law of other countries and jurisdictional issues involving other countries; and Senate Joint Resolution 38, if approved by voters, would prohibit Missouri legislative, executive, and judicial branches from recognizing, enforcing or acting on certain plans of the federal government. Senate Bill 554, sponsored by Sen. Mike Cunningham, R-Rogersville, would require state agencies, public schools and colleges, and local governments to use the traditional names of holidays, and Senate Bill 750, sponsored by Sen. Walsh, would protect employees from being required to disclose personal user names and passwords under certain circumstances. Both bills received approval by the General Laws Committee. On Wednesday, the Senate Financial and Governmental Organizations and Elections Committee heard testimony on two measures sponsored by Sen. Kraus. Senate Bill 655 changes state law regarding who may lawfully occupy rental property and the procedures to evict a tenant. Senate Bill 892 would change the presidential primary election date from the first Tuesday after the first Monday in February to the second Tuesday after the first Monday in March. The Senate Progress and Development Committee this week gave its consenting vote to two bills sponsored by Sen. Justus that would create the Capital Sentencing Procedures and Protocols Commission (Senate Bill 787) and change the time after which a person could bring a civil action under the Human Rights Act (Senate Bill 919). Another measure approved by members of the committee, sponsored by Sen. Rob Schaaf, R-St. Joseph, would change provisions regarding the rulemaking process related to executions, prohibit the use of paper money to buy execution drugs, and bar certain individuals from serving as members of execution teams. Senate Bill 804 was combined with Sen. Justus’ measure, Senate Bill 787, in committee. In the Senate Education Committee this week, members conducted a hearing on legislation designed to address Common Core State Standards – educational standards in the areas of math and English language arts/literacy that outlines what students should know before they advance to the next grade level. Senate Bill 514, sponsored by Sen. John Lamping, R-Ladue, would prohibit the State Board of Education, the Department of Elementary and Secondary Education, and school districts throughout Missouri from implementing the Common Core State Standards. Legislation sponsored by Sen. Emery would require the State Board of Education to hold work groups whenever it develops, evaluates, modifies, or revises either academic performance standards or learning standards for students in the state. Senate Bill 798 would also prohibit the State Board of Education from implementing or taking action relating to the Common Core State Standards, among other provisions. Committee members also gave their approval to Senate Bill 538, sponsored by Sen. Joseph Keaveny, D-St. Louis, which would allow school districts and charter schools to receive state aid for children ages 3-5 who are eligible for free and reduced lunch and are participating in the district’s or charter school’s pre-kindergarten program. Senate Bill 887, sponsored by Sen. Schaefer, which would require each public college or university in Missouri to annually report its administrative costs as a percentage of its operating budget, also advances to the full Senate for possible debate. Thursday included the meeting of the Senate Ways and Means Committee, which heard testimony on legislation that would reauthorize the Missouri Homestead Preservation tax credit program. Senator Scott Sifton, D-Affton, is the sponsor of Senate Bill 558, and Sen. Holsman is the sponsor of Senate Bill 870. The Homestead Preservation tax credit program gave qualified senior citizens and 100 percent disabled individuals a credit on their real estate property tax if those taxes increased by a certain percentage during various years. However, the tax credit expired in 2010. The committee also conducted a hearing on Senate Bill 687, sponsored by Sen. LeVota. His bill would authorize a refundable, earned income tax credit equal to 20 percent of an individual’s earned federal tax credit. Taxpayers would be eligible for the credit beginning Jan. 1, 2014, and no credits would be authorized after 2020. In the Senate Veterans’ Affairs and Health Committee, members considered testimony and voted out within the same day three measures. Senate Bill 582, sponsored by Sen. Scott T. Rupp, R-Wentzville, would change the amount of assets an elderly or disabled MO HealthNet participant is allowed to retain in order to qualify for benefits. The amount would change from less than $1,000 to $2,000 for a single person and from $2,000 to $4,000 for a married couple. Senate Bill 832, sponsored by Sen. Walsh, would require the Department of Health and Senior Services to establish a health care directives registry in order to securely store patients’ directives online, such as a living well, intent to donate an anatomical gift, or a do-not-resuscitate order. This directory would give authorized health care providers immediate access to the information stored within the registry. Senate Bill 868, sponsored by Sen. David Sater, R-Cassville, would allow certain businesses, organizations or other entities, such as restaurants, camps, youth sports leagues, amusement parks, and sports arenas, to stock epinephrine auto-injectors, or EPI pens, in case of emergencies. The legislation would protect individuals and entities for liability or injuries related to damages that could result from using an EPI pen. The Veterans’ Affairs and Health Committee also gave its approval to three additional bills: Senate Bill 684, sponsored by Sen. Holsman, would require hospitals and ambulatory surgical centers to report prices for most common medical procedures; Senate Bill 709, sponsored by Sen. Wallingford, would authorize the issuance of a medallion, medal and certificate to veterans who served in certain wars; and Senate Bill 811, sponsored by Sen. Schaaf, would allow individuals to use investigational drugs who are terminally ill. In other committee news, Sen. Silvey has been named vice chair of the Senate Appropriations Committee; Sen. Parson will now serve as chair of the Senate Small Business, Insurance and Industry Committee; and Sen. Cunningham is the new chairman of the Senate Governmental Accountability and Fiscal Oversight Committee. These leadership transitions stem from the recent gubernatorial appointment of Sen. Rupp to serve on the Missouri Public Service Commission. Senator Rupp’s appointment must still be confirmed by the full Senate. With the Fiscal Year 2015 state operating budget passed by the House of Representatives this week, senators are expected to take up the 13 budget bills once they advance out of the Senate Appropriations Committee. Lawmakers will return to the Senate chamber Monday, March 31, at 4 p.m. |