JEFFERSON CITY – Before members of the upper chamber met for their legislative committees or took up debate on the Senate floor, lawmakers – past and present – family and friends gathered to remember the 60 former members of the Missouri Senate who have passed away since May 1987 in a Memorial Service filled with music, tributes and tradition.

Legislation designed to cut taxes for individuals and small businesses in Missouri was truly agreed to and finally passed this week, sending the bill to the governor for his signature.  Senate Bills 509 & 496, sponsored by Sen. Will Kraus, R-Lee’s Summit, would institute a gradual .5 percent tax cut for individuals and a 25 percent deduction for small businesses.  However, these tax cuts, which would not start until 2017, would only take effect if Missouri’s general revenue grows more than $150 million over the highest of the three previous fiscal years.  In addition, the legislation would require individual income tax brackets be adjusted each year based on the percentage of increase in inflation.  For individuals with a Missouri adjusted gross income of less than $20,000, the measure would also increase the personal income tax exemption by $500. The governor has until May 1 to sign or veto the legislation. 

 
The Senate’s Daily Audio/Video Clips for April 17 feature Senate President Pro Tem Tom Dempsey, R-St. Charles (Cut 6), discussing the passage of Senate Bills 509 & 496 early in the legislative session.    

Senate Bills Move to the House

The Senate delivered to the other chamber this week legislation that would repeal a number of committees that have dissolved or expired.  Senate Bill 575, sponsored by Sen. Bob Dixon, R-Springfield, 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.  The measure would also create a permanent Joint Committee on Judiciary and Justice to promote the effective administration of justice and public safety.  In addition, the joint committee would 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.

Currently, the Department of Revenue (DOR) may conduct inspections and remove samples of diesel fuel in order to determine the color of the fuel.  Red-dyed fuel is allowed for certain uses, including off-road purposes for farming or construction.  Citizens using this fuel type may apply for a refund of the Missouri fuel tax.  Inspections allowed by DOR might be limited under Senate Bill 842, sponsored by Sen. Mike Parson, R-Bolivar.  The legislation would ban inspections from any individual who is not holding the fuel for wholesale or retail sale and who is not located at certain places, unless DOR has reasonable suspicion to believe a violation is being committed. 

Legislation sponsored by Sen. Dan Brown, R-Rolla, would make changes to how the state conducts background checks when determining child placement.  Senate Bill 873 would 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. 

Senate President Pro Tem Tom Dempsey, R-St. Charles, is sponsoring Senate Bill 992 this session that would make the Speaker of the House and the Pro Tem of the Senate voting members of the Board of Public Buildings.  These particular leadership positions currently are non-voting members of the board, which has general supervision and charge of state facilities at the seat of government, and the authority to issue revenue bonds for the construction of state office buildings and certain other facilities.  The legislation went on to receive the Senate’s first-round approval.

 
The Senate’s Daily Audio/Video Clips for April 15 include Senate President Pro Tem Tom Dempsey, R-St. Charles (Cut 4), and Sen. Paul LeVota, D-Independence (Cut 5), reviewing Senate Bill 992 before it received the Senate’s first-round approval.  Senator Dempsey (Cut 2) is also featured in the Daily/Audio Video Clips for April 17 when the Senate advanced the Senate Bill 992 on to the House.

The Senate also considered and sent to the House a measure that addresses information collected by automated license plate readers belonging to government entities.  Senate Bill 599, sponsored by Sen. Kraus, would restrict the storage of this particular information to 30 days after it is captured; require those holding the data to purge all records and backup copies at the end of this 30-day timeframe, unless otherwise noted; and restrict sharing the collected information with the federal government.  The legislation would also create a class D felony for misuse of license plate reader information collected by a government entity and set rules regarding the placement of fixed systems.

 
The Senate’s Daily Audio/Video Clips for April 17 feature Sen. Jason Holsman, D-Kansas City (Cut1), speaking in favor of Senate Bill 599 before it is voted out of the Senate. 

Also sponsored by Sen. Kraus, Senate Bill 655 would change state law regarding who may lawfully occupy rental property and the procedures to evict a tenant.  An amendment added to the bill, offered by Sen. Doug Libla, R-Poplar Bluff, would help landlords recover their losses from tenants who knowingly destroy the rental property by clarifying the “claim of right” defense would not apply to tenants who willingly damage this property. Another amendment added to the bill, this one offered by Sen. Eric Schmitt, R-Glendale, would allow courts to order the immediate removal of individuals who are not lawfully occupying a rental unit as either a tenant or a lessee.

Legislation sponsored by Sen. Schmitt this session would suspend or redirect certain adoption subsidy payments.  Senate Bill 869 would suspend or redirect these payments when an adoptive child is made a ward of the court and is removed from the physical or legal custody of his or her parent or parents due to abuse and neglect.

Senate Bill 642, sponsored by Sen. Gary Romine, R-Farmington, would expand the area in which surface mine operators are required to send out a notice of intent to operate a surface mine to landowners within one-half mile of the property that is either adjacent to the proposed mine plan, on the area the plan is to be located, or adjacent land where the mine is already located.   If anyone who is notified of the proposed plan requests a public meeting, the bill would require the surface mine operator to cover the cost of the meeting.

Senate Minority Floor Leader Jolie Justus, D-Kansas City, filed legislation this session to ensure nonprofit community health centers throughout the state that are exempt from federal taxation are able to continue to provide primary care and preventative services to individuals who do not have health insurance.  Senate Bill 758 would change the term “free health clinic” to “community health clinic” and modifies this updated term’s definition by removing the without charge qualification.

 
The Senate’s Daily Audio/Video Clips for April 15 feature Senate Minority Floor Leader Jolie Justus, D-Kansas City (Cut 6), bringing up Senate Bill 758 for debate.  Senator Justus (Cut 1) is also included in the Daily Audio/Video Clips for April 16 talking about Senate Bill 758 before it receives first-round approval in the Senate.  And the Daily Audio/Video Clips for April 17 highlight Sen. Justus (Cut 3) speaking on her bill before it receives final passage by the upper chamber.

Much like legislation approved by the Missouri Senate and advanced on to the House that would exempt certain motor vehicles more than 10 years old form the sales tax on titling, Senate Bill 860, sponsored by Sen. Mike Cunningham, R-Rogersville, would create a sales and use tax exemption for used manufactured homes.

 
The Senate’s Daily Audio/Video Clips for April 16 include Sen. Mike Cunningham, R-Rogersville (Cut 2), discussing Senate Bill 860 before it receives initial passage in the Senate.    

Legislation that would change Missouri’s state laws relating to alternative nicotine or vapor products, such as electronic cigarettes, needs another round of approval in the Senate.  Senate Bill 841, sponsored by Sen. Jay Wasson, R-Nixa, would prohibit the sale of alternative nicotine products or vapor products to those under the age of 18.  The legislation would also require sellers of alternative nicotine products or vapor products to have a retail sales tax license.

 
The Senate’s Daily Audio/Video Clips for April 16 feature Sen. Jay Wasson, R-Nixa (Cut 3), bringing up Senate Bill 841 for debate on the Senate floor. 

First-Round Approval Given to Various Bills

A bill that would make changes to the Missouri Shared Work Unemployment Compensation Program also received approval by the Senate this week.  Senate Bill 844, sponsored by Sen. Dixon, would lay out qualifications, among other provisions, in order for businesses to participate in the program designed to serve as an alternative to layoffs for employers that are faced with a reduction in available work.

Another measure receiving the Senate’s initial approval would make changes to various areas of agriculture in Missouri, including farmers’ markets.  Sponsored by Sen. Brian Munzlinger, R-Williamstown, Senate Bill 850 would create a sales and use tax exemption for farm products sold at farmers’ markets.  The exemption would not apply to those who have sales of at least $25,000 from these participating markets.  Also, subject to appropriations, the Department of Social Services would be required to create a pilot program to provide Supplemental Nutrition Assistance Program (SNAP) participants with access and the ability to afford fresh food at farmers’ markets.  Finally, the legislation would make changes to state law regarding Urban Agriculture Zones (UAZs) after an amendment offered by Sen. Jason Holsman, D-Kansas City, was added this week to the bill.  UAZs were created by the General Assembly through legislation sponsored passed in 2013.  Senate Bill 850 would further enhance opportunities for these particular agricultural zones by including produce in the definition of “processing UAZ,” and add a definition of “mobile unit,” any self-propelled vehicle that does not exclusively operate on tracks, except for farm tractors.

The Senate also gave initial approval to Senate Bills 638 & 647, sponsored by Sen. Romine.  The legislation would raise the fiscal year cap on the Pregnancy Resources Center Tax Credit from $2 million to $2.5 million, beginning FY 2015.  This particular tax credit helps fund services for women with unplanned or crisis pregnancies.  Also beginning FY 2015, the measures would raise the came from $1.25 million to $1.75 million for the Food Pantry Tax Credit, which provides a tax credit to taxpayers who make donations of cash or food supplies to a qualified food pantry.  An amendment offered by Sen. Kurt Schaefer, R-Columbia, added to the legislation this week would expand the Youth Opportunities Tax Credit to allow donation to programs that provide food for school-age children to eat during non-school hours in order to qualify for the tax credit.  Another amendment, this one offered by Sen. Jamilah Nasheed, D-St. Louis, was adopted by the Senate that would raise the cap from $2 million to $2.5 million, starting in FY 2015, for donations to maternity homes, which assist pregnant women carry their pregnancies to full term.

Senate Bill 754, sponsored by Sen. David Sater, R-Cassville, and Sen. Justus, would extend the expiration date of the Missouri Rx Prescription Drug Program (MoRx) to 2017.  The program is scheduled to terminate Aug. 28, 2014.  The MoRx plan was created by the 93rd General Assembly nearly a decade ago to provide prescription drug assistance to Missourians in need by coordinating benefits with Medicare’s (Part D) Prescription Drug Program.

 
The Senate’s Daily Audio/Video Clips for April 15 include Sen. David Sater, R-Cassville (Cut 3), explaining a new provision in Senate Bill 754. 

Legislation Debated on the Senate Floor

Legislation relating to the ethical behavior of public officials and lobbyists was considered by the full Senate this week.  Senate Bill 966, sponsored by Sen. Brad Lager, R-Savannah, would bar members of the General Assembly and candidates running for seats within the Legislature to serve as paid political consultants for those running for state representative or state senator.  The measure would also institute a two-year cooling-off period for members of the General Assembly before they become lobbyists.  In addition, the legislation makes the definition of “elected local government official lobbyist” more inclusive and specifies certain lobbyists’ reporting requirements.

 
The Senate’s Daily Audio/Video Clips for April 15 feature Sen. Brad Lager, R-Savannah (Cut 1), and Sen. Jason Holsman, D-Kansas City (Cut 2), discussing Senate Bill 966 on the Senate floor. 

Another bill awaiting first-round approval in the Senate is Senate Bill 964, also sponsored by Sen. Lager.  The bill would add captive cervids – or deer – to the definition of livestock.  The legislation would also allow the sale of these animals to be exempt from sales tax, permit captive cervids to be considered livestock for the purposes of urban agricultural zones, and subject these captive deer to Missouri’s Livestock Disease Control and Eradication law, Livestock Marketing law, and regulation and marketing of agricultural products. 

Senate Bill 538, co-sponsored by Sen. Joseph Keaveny, D-St. Louis, and Sen. Holsman, would allow school districts and charter schools to receive state funding for pre-K programs.  These educational institutions would receive funding through the state’s foundation formula, only if it is fully funded, for students between the ages of 3-5 who are eligible for free and reduced-price lunch.  The schools would have to provide full-day kindergarten and meet the standards established by the State Board of Education. 

Senator David Pearce, R-Warrensburg, is sponsoring legislation that would require the Joint Committee on Education to conduct a study on various state scholarship and financial programs, including Bright Flight, Access Missouri, and A+ by Nov. 1, 2014.  Under Senate Bill 494, the study would include eligibility requirements for each program, acceptance of aid by eligible students, and retention and graduation rates of recipients.  During debate, Sen. Pearce offered an amendment to the bill that would make changes to the Higher Education Academic Scholarship Program, also known as Bright Flight, such as updating requirements for students to receive a Bright Flight scholarship and expanding this scholarship to include forgivable loans.

Debate on Senate Bill 912, co-sponsored by Sen. Wasson and Justus, took place this week in the Senate chamber.  The legislation would reenact and change provisions of a state law that was passed during a special session in 2011 (Senate Bill 7) and later ruled unconstitutional by the Missouri Supreme Court.  The previous law changed the powers and duties of the Missouri Technology Corporation (MTC), a public-private partnership designed to promote entrepreneurship and foster growth of new and emerging high-tech companies by focusing on 21st Century bioscience industries that build on Missouri’s history in agriculture.    Senate Bill 912 would remove or repeal certain requirements and exemptions of MTC and create a non-refundable and transferable tax credit equal to 50 percent of a donation to MTC.

Legislative Panels Consider Senate and House Measures

On Monday, members of the Senate Governmental Accountability and Fiscal Oversight Committee held a hearing on and gave approval to House Revised Bill 1299.  Similar to the General Assembly’s other filed revised bill — Senate Revised Bill 714, sponsored by Sen. Lager — these measures have to be approved by the Committee on Legislative Research to remove outdated or expired sections of law.  The House version would revise Missouri statutes to reflect various governmental reorganization executive orders that rename and transfer program and divisions within the executive branch, which have not been updated since the adoption of the Reorganization Act of 1974.

Another measure designed to increase government efficiency was heard by and voted out of the Senate Judiciary and Civil and Criminal Jurisprudence Committee.  House Bill 1245 would repeal duplicative versions of statutes to allow state law to be administered uniformly, including provisions regarding specialty license plates, permits for transporting hazardous materials, and registers for purchasing or trading specified scrap metal, among others.

Members of the committee also conducted hearings on two bills relating to abortions.  House Bill 1192 would require either parents or guardians of a minor to be notified before their child undergoes an abortion.  The legislation would also specify that constitutions and laws of the United States and Missouri must protect an alternative-to-abortion agency’s rights.  House Bill 1307 would change the minimum waiting period before a woman could have an abortion from 24 hours to 72 hours.  This measure is similar to Senate Bill 519, which would triple the wait time to receive an abortion.

The Judiciary and Civil and Criminal Jurisprudence Committee also met to consider testimony on Senate Bill 681, sponsored by Sen. Shalonn “Kiki” Curls, D-Kansas City.  The act would require the Board of Probation and Parole to review the case history and prison record of offenders who are in prison and are serving a sentencing of more than 15 years.  These offenders must have no prior felony convictions, have served at least 15 years, and have exhausted all state and federal appeals.  Following the review, the board would have to report, in a reasonable timeframe, its recommendation to the governor whether or not to grant executive clemency.  Any offender’s case that is reviewed and denied would have to be taken up again three years later.

In the Senate Seniors, Families and Pensions Committee on Tuesday, members heard testimony on House Joint Resolution 56, which proposes a constitutional amendment that would ensure parents have a fundamental right to control and direct the care, education and upbringing of their minor children.

This committee also gave its approval to a number of bills, advancing them on to the full Senate for its consideration.  House Bill 1064 would remove references to the phrases “mentally retarded” and “mental retardation” from state statute and replace those terms with “intellectual disabled” and “intellectual disability”; House Bill 1184 would allow foster children to buy car insurance with the consent of the state’s Children’s Division or the juvenile court; and House Bill 1835 would change the vision examination requirements for Blind Pension recipients.

Members of the Senate General Laws Committee conducted a hearing and advanced to the upper chamber House Bill 1439.  The measure would establish the Second Amendment Preservation Act and change state laws regarding open carry ordinances, school protection officers, patient ownership of firearms, concealed carry permits, and the Peace Officer Standards and Training Commission.

In the Senate Commerce, Consumer Protection, Energy and the Environment Committee, senators heard testimony on House Bill 1302, which specifies Missourians’ rights to heat their homes and businesses using wood-burning furnaces, stoves, fireplaces and heaters.  In addition, the committee held a hearing on a bill, House Bill 1631, that would require the Air Conservation Commission to develop emissions standards and compliance schedules under federal law through a unit-by-unit analysis of each existing source of carbon dioxide within the state.

Members of this committee also gave their approval to House Bill 1201, similar to a bill (Senate Bill 642) that received first-round approval in the upper chamber this week.  The House measure would update notification requirements for certain individuals who propose to operate a surface mine.

On Wednesday, the Senate Transportation and Infrastructure Committee heard testimony on Senate Joint Resolution 48, sponsored by Sen. Mike Kehoe, R-Jefferson City.  If approved by voters, this constitutional amendment would raise the state sales and use tax by 1 percent for a period of 10 years, when the tax would expire unless renewed by voters.  The proceeds from the additional sales and use tax would be distributed into three separate funds: 5 percent for the County Aid Transportation Fund (local highways and bridges and the county transportation system), 5 percent for the Municipal Aid Transportation Fund (Missouri cities, towns and villages and city transportation purposes), and 90 percent for the Transportation Safety and Job Creation Fund (state highway system and the state transportation system). 

The Transportation and Infrastructure Committee considered another measure that would impose a 1 percent temporary increase in the state sales and use tax for transportation projects.  Under House Joint Resolution 68, the proposed constitutional amendment would also raise this tax for a 10-year period.  Both Senate Joint Resolution 48 and House Joint Resolution 68 went on to receive the committee’s approval.

 
The Senate’s Daily Audio/Video Clips for April 16 include Sen. John Lamping, R-Ladue (Cut 4), and Sen. Jason Holsman, D-Kansas City (Cut 5), discussing Senate Joint Resolution 48 in the Senate Transportation and Infrastructure Committee.

Senators serving on the Senate Jobs, Economic Development and Local Government Committee gave their approval to House Bill 1132, which would increase the amount of tax credits for contributions to pregnancy resource centers available in each fiscal year to $2.5 million.  This is similar to legislation, Senate Bill 638, which received first-round approval in the upper chamber this week. 

The committee also gave its approval to House Bill 1459, which would authorize the Innovation Campus Tax Credit for those who donate to innovation campuses for programs that advance learning in the areas of science, technology, engineering and math.  This measure is similar to Senate Bill 729 — already delivered to the House — which would also provide tax credits for those who donate to these innovation campuses. 

The Senate Education Committee combined two measures that would prohibit the elementary and secondary education institutions from implementing the Common Core State Standards.  Senate Bill 514, sponsored by Sen. John Lamping, R-Ladue, was combined with Senate Bill 798, sponsored by Sen. Emery.  These bills now move to the full Senate for possible debate.  Another bill sponsored by Sen. Emery, Senate Bill 521, received the Education Committee’s approval this week.  This measure would require the State Board of Education to develop a simplified annual school report card for each school attendance center, giving the letter grade of A, B, C, D or F based on percentages that correspond to points earned in each of the standards on the simplified report card.

The Education Committee also held a hearing on Senate Bill 941, sponsored by Sen. Curls.  Her bill would expand the “Missouri Science, Technology, Engineering and Mathematics Initiative” to require the Department of Higher Education to develop a process to award grants to state two- and four-year colleges and institutions and public school districts that have entered into agreements to offer information technology certification through technical course work.  The program would provide instruction on skills and competencies essential for the workplace and requested by employers. 

Legislation sponsored by Sen. Scott Sifton, D-Affton, also underwent committee review.  Senate Bill 984 would require the Department of Elementary and Secondary Education to employ a dyslexia specialist who would provide professional development, and serve as a primary source of information and support for school districts addressing the needs of students with dyslexia and other related disorders.  The department would also be responsible for developing and maintaining a resource guide for school districts, public schools and teachers related to this disorder.

In the Senate Progress and Development Committee, members give their approval to Senate Bill 827, sponsored by Sen. Keaveny.  His legislation would prohibit the use of corporal punishment and the use of spanking to discipline students in schools, including private education institutions.  Each school district’s discipline policy would prohibit this type of punishment. 

Members of the Senate Veterans’ Affairs and Health Committee on Thursday heard testimony on House Bill 1430, which would prohibit individuals who provide medical services from being required to perform or participate in activities that violate their conscience or principles.  The measure was approved by the committee. 

Senators on the committee also considered and then voted out House Bill 1603, which would designate “jumping jacks” as the official state exercise.  Similar to legislation filed in the upper chamber, Senate Bill 669, exercise is thought to be named after Gen. John J. “Black Jack” Pershing, whose boyhood home is located in Laclede, Mo.  The general is credited with inventing the jumping jack as an alternative to pushups, which were the standard disciplinary action while Gen. Pershing was military leader at West Point.

The Senate Appropriations Committee continues its work next week on reviewing the House’s version of the FY 2015 state operating budget.  Once approved by the committee, it will move to the full Senate for debate.

In recognition of the Easter holiday, the senators will return to the upper chamber on Tuesday, April 22, 2014.