Capitol Briefing: Week of April 21, 2014
Senate Delivers Criminal Code Bill to Governor

Budget moves to the full Senate for debate

JEFFERSON CITY – In a display of bipartisan support, lawmakers in the Missouri Senate and House of Representatives this week gave their final approval to legislation designed to streamline Missouri’s statutes regarding crimes and punishments.  Senate Bill 491, co-sponsored by Senate Minority Floor Leader Jolie Justus, D-Kansas City, and Senate Judiciary Committee Chairman Bob Dixon, R-Springfield, creates new classes of felonies and misdemeanors, reorganizes crimes to fit new penalties in state statutes, and ensures that crimes count toward repeat offenders’ enhanced sentences.  Lawmakers did compromise on fines for first-time offenses regarding marijuana possession.  Provisions found in Senate Bill 491 would not take effect until Jan. 1, 2017, ensuring any changes necessary to the bill could be made before it becomes law.  Once the bill is signed by the Speaker of the House and the Senate President Pro Tem, the governor has 15 days to approve or veto the criminal code measure.

Pentagon: AUDIO/VIDEO FEATURE:  DAILY AUDIO/VIDEO CLIPS
The Senate’s Daily Audio/Video Clips for April 24 include Sen. Jolie Justus, D-Kansas City (Cut 3, Cut 4 and Cut 6), Sen. Brad Lager, R-Savannah (Cut 5), and Sen. Kurt Schaefer, R-Columbia (Cut 7), discussing the final passage of Senate Bill 491.

Members of the Senate Appropriations Committee this week wrapped up their work on the state’s operating budget for the 2015 fiscal year.  Now, the approximate $26 billion spending plan moves to the full Senate for debate where each of the 13 bills will be brought up for the upper chamber’s approval by Senate Appropriations Chairman Kurt Schaefer, R-Columbia.  Any differences between the House and the Senate’s budget plan will be ironed out in conference committee.  The budget must be passed by the General Assembly and delivered to the governor’s desk by 6 p.m. on Friday, May 9.

Pentagon: AUDIO/VIDEO FEATURE:  DAILY AUDIO/VIDEO CLIPS   
The Senate’s Daily Audio/Video Clips for April 24 feature Sen. Kurt Schaefer, R-Columbia (Cut 8), talking about the Senate Appropriation Committee’s work regarding funding for the construction of a new facility to replace the Fulton State Hospital.

Senators Advance Legislation to the House

Lawmakers in the upper chamber unanimously voted to advance to the House this week legislation that would make changes to the Missouri Shared Work Unemployment Compensation Program.  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.

Legislation co-sponsored by Sen. Gary Romine, R-Farmington, and Sen. Scott Sifton, D-Affton, would change various provisions relating to specific tax credits that promote charitable giving.  Senate Bills 638 & 647 would expand the Youth Opportunities Tax Credit to allow donations that would fall under a separate $500,000 fiscal year cap to programs that provide food for school-age children to eat during non-school hours in order to qualify for the credit.  The legislation would also raise the cap for tax credits to be issued for donations to food pantries from $1.25 million to $1.75 million.  In addition, the measures would raise the cap for tax credits to be issued from $2 million to $2.5 million per fiscal year for maternity homes as well as pregnancy resource centers. 

The Senate also gave its unanimous approval to Senate Bill 754, sponsored by Sen. David Sater, R-Cassville.  The bill would extend the expiration date of the MoRx Prescription Drug Program from 2014 to 2017.  Created nearly a decade ago by the 93rd General Assembly, this program provides prescription drug assistance to Missourians in need by coordinating benefits with Medicare’s (Part D) Prescription Drug Program.  Amended onto the bill is a provision identical to legislation, Senate Bill 868, also sponsored by Sen. Sater.  This provision 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.

Pentagon: AUDIO/VIDEO FEATURE:  DAILY AUDIO/VIDEO CLIPS   
The Senate’s Daily Audio/Video Clips for April 24 feature Sen. Scott Sifton, D-Affton (Cut 1), relating to Senate Bill 754’s sponsor regarding the need for the legislation.        

The Senate gave its final approval this week to legislation, sponsored by Sen. Brad Lager, R-Savannah, which addresses quality rating systems (QRS) for early childhood education.  In 2012, the General Assembly passed legislation that banned these rating systems for early childhood education to prevent the creation of a government-operated rating system.  Senate Bill 795 would roll back this ban, allowing private or nonprofit groups the opportunity to create a QRS for early childhood education.  However, these private or nonprofit groups operating a QRS permitted by the bill would not be able to collaborate with any public, governmental or quasi-governmental entity created by Missouri state statute.

Pentagon: AUDIO/VIDEO FEATURE:  DAILY AUDIO/VIDEO CLIPS   
The Senate’s Daily Audio/Video Clips for April 23 include Sen. Brad Lager, R-Savannah (Cut 3), bringing up Senate Bill 795 before it received first-round approval in the Senate.     

Bills Receive Initial Passage in the Senate

Considered by members of the Senate last week, lawmakers in the upper chamber gave their first-round approval to another bill sponsored by Sen. Lager.  Senate Bill 964 would add captive cervids – deer – to the definition of livestock.  In addition, the measure would allow the sales of captive cervids to be exempt from sales tax; permit these animals to be considered for the purposes of urban agricultural zones; and subject these deer to the Missouri Livestock Disease Control and Eradication law, the Livestock Marketing Law, and regulation and marketing agricultural products.
 
Pentagon: AUDIO/VIDEO FEATURE:  DAILY AUDIO/VIDEO CLIPS   
The Senate’s Daily Audio/Video Clips for April 24 feature Sen. Brad Lager, R-Savannah (Cut 2), discussing Senate Bill 964 on the Senate floor.          

Lawmakers Consider Numerous Bills in the Upper Chamber

The Senate spent a considerable amount of time this week debating legislation that would make changes to various tax incentives.  Under House Bill 1501, handled in the upper chamber by Sen. Eric Schmitt, R-Glendale:

  • Data Storage Centers Tax Incentives – Provides state and local sales and use tax exemptions for all machinery, equipment, computers, electrical energy, gas, water and other utilities, including telecommunication and Internet services used in, as well as for purchases of tangible personal property for the construction of new data storage center facilities.  Various state and local sales and use tax exemptions would also be available for existing data storage center facilities. 
  • Distressed Areas Land Assemblage Tax Credit – Reauthorizes a tax credit to support redevelopment of blighted areas into productive use.  The tax credit would equal 50 percent of the applicant’s acquisition costs, such as demolishing vacant buildings, and implements a 12-year time limitation on receiving this tax credit for maintenance and interest costs.  The act would reduce the aggregate amount of tax credits that may be authorized under the program form $95 million to $48 million.
  • Low-Income Housing Tax Credits – Geared toward providing tax credits to investors in affordable housing, it would place a $130 million fiscal year cap for authorizations of 9 percent low-income housing tax credits for FY 2015 and would lower this cap to no more than $110 million by FY 2019.  The act would also lower the cap of 4 percent low-income housing tax credits to $5 million beginning FY 2015.
  • Missouri Export Incentive Act – Creates air export tax credits for freight forwarders beginning on or after July 1, 2014.  The total aggregate amount of air export tax credits that may be authorized over eight years is $60 million.
  • Historic Preservation Tax Credits – Starting in FY 2014, prohibits more than $90 million in historic preservation tax credits for projects receiving at least $275,000 in tax credits.  Projects which receive less than $275,000 in tax credit would be subject to $20 million cap.  In addition, the act would prohibit more than $175,000 in historic preservation tax credits per project for non-income producing residential rehabilitation projects.  These tax credits would provide an incentive for the redevelopment of commercial and residential historic structures in Missouri.
  • Missouri Angel Investment Incentive Act – Creates tax credits for investors in certain companies equal to 50 percent of their investment in a qualified business under the Missouri Technology Corporation.  No more than $6 million in tax credits may be allocated each year, and tax credits are limited to no more than $50,000 per qualified business and no more than $250,000 per investor or owner of an entity investor.
  • Dependent Children Tax Credit – An amendment offered by Sen. John Lamping, R-Ladue, and adopted by the Senate would create a nonrefundable, nontransferable income tax credit of $400 per child that cannot be carried backward or forward for individuals able to claim a qualified dependent on their federal income taxes.  Individuals with a Missouri adjusted gross income more than $46,100 and married couples with a combined Missouri adjusted gross income over $92,200 would be ineligible for the credit.
  • Wine and Grape Production Tax Credit Program – The Senate adopted an amendment offered by Sen. Mike Parson, R-Bolivar, that would allow these tax credits to equal 25 percent of the purchase price of all new and used equipment and materials used in the growing of grapes or the production of wine in Missouri.  Beginning Aug. 28, 2014, the total amount of tax credits allowed could not exceed $200,000 each year.

Pentagon: AUDIO/VIDEO FEATURE:  DAILY AUDIO/VIDEO CLIPS   
The Senate’s Daily Audio/Video Clips for April 23 feature Sen. Eric Schmitt, R-Glendale (Cut 1), and Sen. Jamilah Nasheed, D-St. Louis (Cut 2), discussing various tax credits that would be changed under House Bill 1501.   

Debate on Senate Bill 912, co-sponsored by Sen. Jay Wasson, R-Nixa, and Sen. Justus, continued 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) that was 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.

Pentagon: AUDIO/VIDEO FEATURE:  DAILY AUDIO/VIDEO CLIPS   
The Senate’s Daily Audio/Video Clips for April 23 include Sen. Jolie Justus, D-Kansas City (Cut 4), expressing concern over language added to Senate Bill 912.

Committees Continue Legislative Hearings

In recognition of the Easter holiday, the Senate began its meetings on Tuesday by considering two House measures in the Senate Rules, Joint Rules, Resolutions and Ethics CommitteeHouse Concurrent Resolution 9 would strongly urge the National Park Service to draft its final General Management Plan for the Ozark National Scenic Riverways to recognize the importance the riverways provide to the Show-Me State.  House Concurrent Resolution 29 would submit to Congress a proposed federal balanced budget amendment to the U.S. Constitution.  

The committee also gave its approval to Senate Bill 951, sponsored by Sen. Jason Holsman, D-Kansas City.  The measure would establish marijuana as a Schedule II controlled substance that is acceptable for medical use with severe restrictions.  Qualified patients would have to have a debilitating condition and have written certification from their physician in order to receive a registry ID card issued by the Department of Health and Senior Services to obtain medical cannabinoids in a non-smokeable form.  This medical marijuana would be taxed at 8 percent of the purchase price paid or charged. 

Members of the Senate Ways and Means Committee voted “do pass” legislation that would develop a Veterans Lottery Ticket in which proceeds would go to the Veterans’ Commission Capital Improvements Trust Fund.  Under this proposed constitutional amendment, House Joint Resolution 48 would require the State Lottery Commission to develop and begin selling this specialized lottery ticket by July 1, 2015, in order to promote the construction, maintenance, renovation, or equipment needs and operation of the veterans’ homes and cemeteries in the state. 

On Wednesday, the Senate Seniors, Families and Pensions Committee gave its approval to legislation sponsored by Sen. Paul LeVota, D-Independence.  Senate Bill 685 outlines the procedure in which adopted individuals 18 or older born in Missouri may obtain a copy of their original birth certificate.  Members of the committee also voted “do pass” 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.

The Senate Education Committee held a hearing on House Bill 1138, which would require a child enrolled in a college or university to complete at least 12 credit hours and earn passing grades in order to receive child support.   If the child has a job, working at least 15 hours per week during the semester, then he or she would have to complete at least nine hours of credit with passing grades in order to remain eligible for child support.

The committee also conducted a hearing on a bill that would create the Missouri Student Religious Liberties Act.  House Bill 1303 would prohibit schools from discriminating against students or parents due to their religious viewpoints or expression.  The act would allow students to express their beliefs through homework or other assignments; pray or engage in religious activities before, during and after school; and wear and display religious messages and symbols the same way others are permitted.  However, the legislation could not require students to participate in prayer nor limit the power of any public school to maintain order and protect students’ safety.  In addition, students’ speech rights could not be violated under this law.

Members of the Education Committee gave their approval to various Senate and House bills, including Senate Bill 941, sponsored by Sen. Shalonn “Kiki” Curls, D-Kansas City, which would expand the Missouri Science, Technology, Engineering and Mathematics (STEM) Initiative, which is committed to improving education and supporting development of industry in STEM fields; Senate Bill 984, sponsored by Sen. Sifton, which would require the Department of Elementary and Secondary Education (DESE) to employ a dyslexia specialist to provide professional development and serve as a primary source of information and support for school districts addressing the needs of students with dyslexia and related disorders; and House Bill 1189, which would require DESE to adopt high school graduation policies that allow certain agriculture or career  and technical education courses to count as subject-specific graduation requirements.

Legislation considered by the Senate Jobs, Economic Development and Local Government Committee would establish the Bring Jobs Home Act.  House Bill 1089 would encourage businesses to return to Missouri by authorizing a tax credit for out-of-state businesses that relocate to the Show-Me State, allowing these businesses to deduct 20 percent of eligible insourcing expenses for moving back to Missouri.  The cap for the income tax deduction is set at $10 million and would expire in six years unless otherwise renewed by the Legislature.   

In the Senate Commerce, Consumer Protection, Energy and the Environment Committee, lawmakers heard testimony on House Bills 1735 & 1618, which would allow motorcycles to be sold on Sundays in Platte and Jackson counties.  Currently, businesses that sell motor vehicles cannot be open on Sunday in Missouri.

Members of the Senate Judiciary and Civil and Criminal Jurisprudence Committee wrapped up meetings on Wednesday by listening to testimony on House Bill 1371, the House’s version of the criminal code bill.  The legislation changes the felony classification of specified criminal offenses, establishes a class E felony and a class D misdemeanor, and increases the fines for misdemeanors and felonies, among many other provisions.  The Senate’s criminal code measure, Senate Bill 491, received final passage in both chambers this week.

This committee also conducted a hearing on House Bill 1372, which revises the previously enacted “Spc. Edward Lee Myers’ Law” passed by the General Assembly in 2006.  Under House Bill 1372, a person would commit the offense of an unlawful funeral protest, which is a class B misdemeanor, if he or she pickets or engages in other protest activities within 300 feet of a residence, cemetery, funeral home, church, synagogue, or other establishment during or within one hour before or after the funeral or burial service.  If a person has been found guilty of a previous unlawful funeral protest violation and commits these offenses again, then they would be charged with a class A misdemeanor. 

The Senate Small Business, Insurance and Industry Committee wrapped up committee work on Wednesday by hearing testimony on House Bill 1617.  The legislation, also known as “paycheck protection,” would allow Missouri voters to decide if authorization is needed for certain labor unions to use dues and fees to make political contributions and require consent for withholding earnings from paychecks. 

As lawmakers move into the final weeks of session, more and more legislation is finding its way to the governor’s desk.  In total, 15 bills were given final passage by the General Assembly this week and now await the governor’s signature; that brings the total of truly agreed to and finally passed bills to 25.  Senators will return to the upper chamber on Monday, April 28, at 3 p.m. to begin discussion on the state’s spending plan for FY 2015.