| Capitol Briefing: Week of April 7, 2014 | |
| Senate-Approved Supplemental Budget for FY 2014 Heads to Governor Senate's criminal code revision bill moves to the House |
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JEFFERSON CITY – The Senate this week gave its final passage to the supplemental budget bill for the 2014 Fiscal Year. In addition, legislation filed in the upper chamber this year receives passage in both chambers, sending this measure and the supplemental budget bill to the governor for his signature. Senate Appropriations Committee Chairman Kurt Schaefer, R-Columbia, handled House Bill 2014 in the Senate and highlighted some of the funding included in the measure that totals $327 million. Of the nearly $166 million in General Revenue dollars:
Legislation sponsored by Sen. Jamilah Nasheed, D-St. Louis, also moves to the governor’s desk for his approval. Senate Bill 532 would allow relative caregivers (competent adults who are related by blood, marriage or adoption, and are not legal parents or guardians), acting under an affidavit, to consent to medical treatment and educational services for a minor child who lives with that caregiver if the legal parents’ or guardians’ consent cannot be obtained. In addition, parents may also delegate this consent authority to the relative caregiver in writing. The bill would also relieve health care providers and schools of criminal and civil liability for medical treatment or educational services provided in good faith. Bills Advances to the House of Representatives One of the Senate’s top priorities for the 2014 legislative session moves to the House for its consideration. The Missouri Senate this week gave final approval to a more than 500-page bill that is designed to update the state’s aging criminal code by creating a new classification for misdemeanors and increasing the fine for certain felonies. Senate Minority Floor Leader Jolie Justus, D-Kansas City, brought forward a revised version of Senate Bill 491 that would remove sections from the legislation that do not contain substantive changes in order to shorten the once more than 1,100-page measure. In addition, the bill, co-sponsored by Sen. Bob Dixon, R-Springfield, would no longer create a Class E felony or modify the term of years for Class C and Class D felonies. The revised criminal code bill would also keep consistent with current state law regarding child molestation, sexual misconduct involving a child, sexual contact with a student and providing pornography to minors; ensure that crimes count toward repeat sex offenders’ enhanced sentences; provide a fine of $250-$1,000 for a first-time offense regarding marijuana possession; and repeal the requirement that ignition interlock devices be equipped with GPS from law due to the difficulty to implement this section within current law, among other provisions. This week, lawmakers also voted out of the Senate a measure that would authorize the issuance of bonds for certain state and university projects. Senate Concurrent Resolution 39, sponsored by Sen. Mike Parson, R-Bolivar, would be funded in part by revenue bonds to construct, maintain or renovate more than 300 projects throughout the state, including $200 million for the construction of a new mental health facility to replace the crumbling Fulton State Hospital. The resolution would also pledge the state to make future appropriations to repay the full costs of these bonds. This concurrent resolution is the companion bill to Senate Bill 723, which would raise the cap on the amount of revenue bonds that may be issued and limit the use of these funds for renovation of existing buildings. The bill is also sponsored by Sen. Parson. To promote strategic partnerships between Missouri- and Israel-based companies, Sen. Parson is also sponsoring Senate Bill 812. The legislation would require the Department of Economic Development to open an office in Israel as long as there is funding available in the state budget. Also advancing to the House is Senate Bill 892, sponsored by Sen. Will Kraus, R-Lee’s Summit. To alleviate confusion at the polls and increase voter turnout, the measure would change the presidential primary from the first Tuesday after the first Monday in February to the second Tuesday after the first Monday in March. Senate Bill 729, sponsored by Sen. Gary Romine, R-Farmington, would create a new tax credit for donations to innovation campuses, which provide a partnership between Missouri high schools, four-year colleges and universities, businesses, and two-year education institutions. Senate Bill 729 would allow taxpayers to receive a tax credit equal to 50 percent of their donation to an innovation campus, as long as the donation is used to advance learning in the areas of math, science, engineering and technology. In 2012, Sen. Mike Kehoe, R-Jefferson City, sponsored and the General Assembly passed legislation (Senate Bill 719) that allows watercraft dealers to issue temporary boating safety ID cards to nonresidents. Senate Bill 785, sponsored this year by Sen. Kehoe, would expand the opportunity to obtain the state’s one-time seven-day temporary boating safety ID card to all Missouri residents. The Senate advanced to the House a measure sponsored by Sen. Paul LeVota, D-Independence, that urges the National Football League to bring the Super Bowl to Kansas City. Senate Concurrent Resolution 34 would also encourage the Department of Economic Development to create a task force to examine what it would take to hold a sporting event like the Super Bowl in Kansas City. Lawmakers in the upper chamber also gave their final approval to various House concurrent resolutions:
Senators Give Legislation Initial Approval The Senate also gave first-round approval to legislation this week that would repeal a number of committees that have dissolved or expired. Senate Bill 575, sponsored by Sen. Dixon includes the Joint Committee on Terrorism, Bioterrorism, and Homeland Security; the Joint Committee on Missouri’s Energy Future; and the Joint Committee on the Reduction and Reorganization of Programs within State Government, among others. An amendment offered by Sen. Dixon, later adopted by the upper chamber, would create a permanent Joint Committee on Judiciary and Justice to promote the effective administration of justice and public safety. The joint committee would also establish a permanent subcommittee on the Missouri criminal code that would supervise a continuing program of revision to maintain the cohesiveness, consistency and effectiveness of Missouri’s criminal laws. Numerous Measures Debated in the Senate The Senate this week considered legislation passed out of the House that would cap damages at $350,00 against a health care provider for personal injury arising out of providing or failure to provide health services. House Bill 1173, handled in the upper chamber by Sen. Dan Brown, R-Rolla, would establish a statutory cause of action (gives a person the right to seek judicial redress or relief against another), replacing the common law action (law derived from court decisions), for damages against a health care provider for personal injury that occurred when health care services were or were not carried out. Similar legislation filed this year would grant the General Assembly the power to limit jury awards of noneconomic damages, such as “pain and suffering.” Senate Joint Resolution 25, sponsored by Sen. Brad Lager, R-Savannah, is a constitutional amendment that would take the issue of reducing the amount for these types of damages to the voters, allowing Missourians to decide if awards in civil cases should be limited. Lawmakers also considered a constitutional amendment, which would, if approved by voters, limit the amount of general revenue dollars that can be distributed to the amount of general revenue appropriated in the previous fiscal year, factoring in inflation. Under Senate Joint Resolution 26, also sponsored by Sen. Lager, if the net general revenue collected exceeds the total general revenue appropriated by more than 1 percent, the amount collected over that 1 percent would be put into a newly created cash operating reserve fund designated to reduce all Missouri income tax rates. Labeled by the bill’s sponsor as the “Beans and Greens” bill, Senate Bill 850, sponsored by Sen. Munzlinger, would require the Department of Social Services to establish a pilot program in order to provide Supplemental Nutrition Assistance Program (SNAP) participants with access and the ability to afford fresh fruit, vegetables, meat, fish, poultry, eggs, and honey with SNAP benefits using an electronic benefit transfer (EBT) card. When buying these products using their EBT card, participants would receive a dollar-for-dollar match for every SNAP dollar used at farmers’ markets to encourage fresh food purchases. This week, Sen. LeVota offered a measure pertaining to cognitive disabilities, such as an intellectual disability; severe, persistent mental illness; brain injury; stroke; and neurodegenerative disorders, including Alzheimer’s disease. Senate Concurrent Resolution 42 would urge a prompt commitment of equal rights for individuals who have cognitive disabilities to obtain technology and information access. Senate Committees Hold Hearings and Approval Several Bills The Senate Appropriations Committee held hearings throughout the week to mark up the House of Representative’s proposed operating budget for FY 2015, which includes state departments and programs found throughout House Bills 2001-2013. On Monday, the Senate Financial and Governmental Organizations and Elections Committee held a hearing on House Bill 1086 that would extend consumer protections to commercial property owners, protecting them against contractors that are conducting predatory business practices. House Bill 1086 later received the committee’s approval, moving the bill to the full Senate for possible debate. Legislation filed in the upper chamber, Senate Bill 610, is also designed to protect more Missourians against predatory practices performed by certain building contractors. This Senate measure is now under consideration in the House. The committee also heard testimony on House Bill 1411, legislation that would require those under the age of 17 to have parental consent to use tanning beds at facilities. Parents or guardians would sign a consent form at tanning facilities once a year. Any tanning facility that fails to follow the requirement would have to pay a $500 fine for each violation. The Senate Judiciary and Civil and Criminal Jurisprudence Committee held a hearing Monday evening to consider testimony on Senate Bill 945, sponsored by Sen. Brown. Also known as the “Timely Justice Act,” the measure 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. Members of this committee gave their approval to Senate Bill 640, sponsored by Sen. Ed Emery, R-Lamar, which would allow those who have been charged with, or found guilty of, violating an order of protection to be monitored electronically, allowing their movement to be tracked. The electronic monitoring system would send alerts when the person goes within a certain distance of protected areas. These alerts would be probable cause to arrest the monitored person for a violation of a protective order. On Tuesday, the Senate Seniors, Families and Pensions Committee conducted a hearing on House Bill 1064, which would remove “mentally retarded” and “mental retardation” from state statute and replace these references with “intellectually disabled” and “intellectual disability.” The committee also listened to testimony on House Bill 1184. The legislation would allow foster children 16 years or older to purchase car insurance with the consent of the Children’s Division within the Department of Social Services or the juvenile court system. The minor would be responsible for the insurance payments and liable for damages caused in an accident. The Seniors, Families and Pensions Committee also gave its approval to several measures this week, advancing to them to the full Senate for possible debate. Senate Bill 802, sponsored by Sen. Dixon, would extend certain timelines regarding child abuse and neglect investigations and determinations made by the Children’s Divisions. Senate Bill 943, sponsored by Sen. Justus, would change several provisions in state law relating to adoption and parental rights, including the definition of a parent; consent or waiver of consent for termination of parental rights; residency requirements for adoptions; establishment of a consistent father-child relationship; out-of-state adoptive petitioners; post-adoptive contact agreements; and the temporary placement of a prospective adoptive child pending the transfer of custody. Once again, the Financial and Governmental Organizations and Elections Committee met this week and voted to move the following legislation to the full Senate for its consideration:
Members of the Senate General Laws Committee conducted a hearing on Senate Bill 957, sponsored by Sen. Jason Holsman, D-Kansas City. His legislation would ban law enforcement agencies from indiscriminately gathering, maintaining, or disseminating intelligence information about anyone and require officers to secure a warrant before the search or seizure of garbage placed outside of a home. In the Senate Rules, Joint Rules, Resolutions and Ethics Committee, members voted “do pass” House Joint Resolution 72. This proposed constitutional amendment would, if approved by voters, prohibit the governor for reducing any payment of public debt and require the General Assembly to be notified when the governor makes changes to specified funding appropriated by lawmakers. The Senate Commerce, Consumer Protection, Energy and the Environment Committee rounded out the meetings for Tuesday by hearing testimony on House Bill 1201. Currently, those running of surface mining operations are required to send their proposal to mine to individuals who live in the counties or cities where the proposed mining areas are located. This legislation would require the notice to also be delivered to landowners within one-half mile from the board of the proposed mining plan area. On Wednesday, the Senate Transportation and Infrastructure Committee conducted a hearing on a bill that would exempt those who ride in enclosed three-wheel vehicles that have manufacture-installed seat belts with shoulder restraints from having to wear helmets. Senate Bill 503 is sponsored by Sen. Rob Schaaf, R-St. Joseph. Members also heard testimony on House Bill 1557, which, among other provisions, would prohibit violations captured by automated traffic enforcement systems, such as a red light camera, from counting as points against a driver’s license. The Senate Jobs, Economic Development and Local Government Committee considered legislation this week dealing with tax credits. House Bill 1459 would create a tax credit for donations to innovation campuses for programs that advance the learning in the areas of science, technology, engineering and math. This legislation is similar to Senate Bill 729, sponsored by Sen. Romine, which advanced to the House this week. The committee also gave its approval to House Bill 1501, which would make changes to laws regarding the Distressed Area Land Assemblage Tax Credit Program. Authorized in 2007, this tax credited was designed to support the redevelopment of blighted areas for productive use. Members of the Senate Agriculture, Food Production and Outdoor Resources Committee heard testimony on legislation that would guarantee the right to conduct and participate in rodeos. House Bill 1391 specifies that a law, ordinance, or rule cannot be enacted to prohibit rodeos in Missouri, with the exception of protections found under current state statutes. Another measure considered by the committee, House Bill 1435, would authorize a state and local sales and use tax exemption for specific farm products sold at farmers’ markets. However, the bill would not apply to those who have annual farmers’ market sales of $25,000 or more. This bill is similar to Senate Bill 727, sponsored by Sen. Maria Chappelle-Nadal, D-University City, which is now in the House for similar consideration. The Senate Education Committee this week conducted a hearing on House Bill 1390. The measure outlines procedures for community colleges, four-year institutions and the State Technical College of Missouri to receive performance-based funding beyond Fiscal Year 2015. The Coordinating Board for Higher Education would be responsible for adopting five institutional performance measures for each of these institutions. Legislation barring discrimination based on sexual orientation or gender identity was considered by the Senate Progress and Development Committee. Sponsored by Sen. Justus, Senate Bill 962 would protect these individuals from unlawful housing practices, denial of loans or other financial assistance, unlawful employment practices, and denial of the right to use public accommodations, among others. On Thursday, Sen. LeVota’s legislation authorizing an earned income tax credit was approved by the Senate Ways and Means Committee. Under Senate Bill 687, the nonrefundable tax credit would equal 10 percent of the federal tax credit. Taxpayers would be eligible for the credit starting Jan. 1, 2014, and no tax credits would be authorized after 2020. The committee also gave its approval to Senate Bill 858, sponsored by Sen. Kraus. Once fully phased in, the bill would reduce the tax rate on personal income to 5 percent; an individual income tax deduction for business income would see a 50 percent decline, once fully phased in. In addition, the personal exemption amount for personal income taxes would increase to $3,100. No personal income tax reduction or individual income tax deduction increase for business income would go into effect unless general revenue collected in the previous fiscal year was more than $100 million. Legislation sponsored by Sen. Emery also advances out of the Ways and Means Committee. Senate Joint Resolution 46 would allow voters to decide if the state should phase out the individual income tax and replace it with an expanded sales tax. From Jan. 1, 2016, to Jan. 1, 2018, the individual income tax would be capped at 3 percent. After Jan. 1, 2018, the tax would be eliminated. The new state sales tax would be on all retail sales of new tangible personal property and all taxable services. The measure would also create a property tax relief credit equal to 50 percent of the increase in taxes on a home to be used on taxpayers’ current property tax bill. Finally, the committee gave its approval to House Bill 1295, which would create a business income deduction, reduce the rate of tax on corporate income, and reduce the number of times certain employers must file withholding taxes. Members of the Senate Veterans’ Affairs and Health Committee conduced hearings on bills that would require the Department of Social Services to reimburse hospitals under the MO HealthNet program for breast milk (Senate Bill 899, sponsored by Sen. Justus); prohibit individuals who provides medical services from being required to conduct or participate in activities that violate their conscience or principles (House Bill 1430); and allow physicians to prescribe certain investigational drugs, biological products, or devices to certain eligible terminally ill patients (House Bill 1685). The legislation geared toward those with terminal illnesses is similar to Senate Bill 811, sponsored by Sen. Schaaf, which has also been voted out of the Veterans’ Affairs and Health Committee. This committee also gave its approval this week to House Bill 1510. Similar to Senate Bill 639, sponsored by Sen. Brown, the House measure would require mammography facilities to provide certain information regarding dense breast tissue to patients. The Senate Judiciary and Civil and Criminal Jurisprudence Committee wrapped up the legislative work week by voting “do pass” Senate Bill 732, sponsored by Sen. Joseph Keaveny, D-St. Louis, is a criminal procedure bill that 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. The Missouri Senate will honor those members who have passed away since May 1987 in a Memorial Service scheduled for Monday, April 14, at 1:30 p.m. To view a list of those who will be recognized, visit the Missouri Senate website (www.senate.mo.gov) and click on the Memorial Service Information link. Senators will return to the floor to consider legislation starting at 4 p.m. on Monday. |
