JEFFERSON CITY – The conference committee responsible for finalizing Missouri’s operating budget for Fiscal Year 2015 finished its work mid-week, sending most of the bills that make up the $26.4 billion state budget to both chambers for final passage.  Article III, Section 25, of the Missouri Constitution states “No appropriation bill shall be taken up for consideration after 6:00 p.m. on the first Friday following the first Monday in May of each year.”  Lawmakers did not exceed this constitutional deadline, sending the bills that make up Missouri’s next fiscal year budget to the governor’s desk one day ahead of schedule. 

The final version of the budget, presented in the chamber by Senate Appropriations Chairman Kurt Schaefer, R-Columbia, includes:

• $114.8 million increase for the state’s K-12 school foundation formula, with $3.1 billion in basic state aid for education.
• $43.3 million for performance-based funding for higher education institutions (5 percent total increase for two- and four-year public institutions), along with additional funding for several scholarship programs, including Access Missouri Scholarship Program ($15 million), Bright Flight expansion to include a loan forgiveness component ($7 million), and in increase for the A+ Schools Program ($6.7 million).
• $14.2 million for a 25-year plan bonding proposal for the Fulton State Hospital and $198 million to construct the new maximum security mental health facility.
• $16.6 million in additional funding to strengthen Missouri’s mental health system.
• $17.8 million in general revenue to restore dental benefits for Medicaid-eligible adults.
• $4 million allocated to the Utilicare program to help low-income Missourians pay their utility bills.
• 1 percent pay raise for all state employees beginning Jan. 1, 2015.

House Bill 2001, which appropriates money for public debt, was delivered to the governor at the end of April; House Bills 2002-2013 will now join this bill on the governor’s desk.  The 2015 fiscal year starts July 1, 2014, and runs through June 30, 2015.

 
The Senate’s Daily Audio/Video Clips for May 8 include Sen. Kurt Schaefer, R-Columbia (Cut 6 and Cut 8), and Sen. Scott Sifton, D-Affton (Cut 7), during debate on some of the bills that make up the FY 2015 state operating budget, as well as post-session comments from the budget chair. 

This week the Senate and House achieved the two-thirds majority votes (23 in the Senate and 109 in the House) needed to successfully override the governor’s veto of Senate Bills 509 & 496, sponsored by Sen. Will Kraus, R-Lee’s Summit.  The legislation would institute a gradual .5 percent tax cut for individuals and a 25 percent deduction on income for small businesses.  The legislation is set to become law on Aug. 28, 2014.  However, these tax cuts, beginning in 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 Senate’s Daily Audio/Video Clips for May 6 feature Sen. Will Kraus, R-Lee’s Summit (Cut 1, Cut 3 and Cut 5); Sen. Jolie Justus, D-Kansas City (Cut 2); Sen. Paul LeVota, D-Independence (Cut 4); Sen. Jason Holsman, D-Kansas City (Cut 6); Sen. Eric Schmitt, R-Glendale (Cut 7); and Sen. Scott Sifton, D-Affton (Cut 8), debating Senate Bills 509 & 496.

Bills Delivered to the Governor

A bill that would change Missouri’s presidential primary election date from February to March now heads to the governor for his signature.  Senate Bill 892 is also sponsored by Sen. Kraus.  The measure is designed to alleviate confusion at the polls and increase voter turnout by moving the presidential primary from the first Tuesday after the first Monday in February to the second Tuesday after the first Monday in March, making the next presidential primary in Missouri, if signed by the governor, on March 16, 2016.

Senator Kraus carried a number of other House bills through the Senate this week.  House Bill 1136 is an election bill that addresses the inspection of voter records, updates the description of voting machines and ballot styles, allows youth assisting in an election authority to receive compensation for their time, and repeals obsolete references to election procedures for previous years, among other provisions. 

Legislation creating the Missouri Student Religious Liberties Act also heads to the governor this week.  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.

Another bill ushered through the upper chamber and delivered to the governor revises the previously enacted “Spc. Edward Lee Myers’ Law” passed by the General Assembly in 2006.  Under current law, it is a class B misdemeanor of a person to picket or protest within 300 feet of a funeral — one hour before to one hour after.  House Bill 1372 would create a new section of law for the offense, specifying the types of establishments where funerals or burials services may be held, providing a definition for “other protest activities,” and modifying the definition of funeral.

Legislation sponsored by Sen. Dan Brown, R-Rolla, addresses those Missourians who receive screenings for breast cancer by requiring facilities that perform mammograms to provide additional information to patients if their mammogram demonstrates they have dense breast tissue. Under Senate Bill 639, this information would let patients know that dense breast tissue could hide abnormalities and they might benefit from supplemental screenings.

The Senate also gave its final approval to House Bill 1359, handled by Sen. Mike Kehoe, R-Jefferson City, sending to the governor legislation that would authorize the Missouri State Capitol Commission and the Office of Administration to enter into contracts for events held at the State Capitol and the Missouri State Penitentiary historic site.  The measure, which would expire on Dec. 31, 2024, would allow the sale of certain items, food and beverages for certain events, such as the Capitol’s various centennial celebrations.

House Bill 1201, ushered through the upper chamber by Sen. Gary Romine, R-Farmington, now moves to the governor for his signature.  The bill would update notification requirements for certain individuals who propose to operate a surface mine and revise how permit applications for proposed surface mining operations are evaluated.  It expands 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 notified of the proposed plan requests a public meeting, the bill would require the surface mine operator to cover the cost of the meeting.

Also handled by Sen. Romine, House Bill 1132 would make changes to certain benevolent tax credits in the Show-Me State.  The act would raise the cap on tax credits for donations to maternity homes and pregnancy resource centers from $2 million to $2.5 million, and food pantries from $1.25 million to $1.75 million.  Each increase would begin in Fiscal Year 2015.

Legislation sponsored by Sen. Doug Libla, R-Poplar Bluff, would allow illegal drug and alcohol use or convictions — testing positive for alcohol, cocaine, heroin, methamphetamine, or a controlled substance or prescription drug — to be used in determining the parental fitness proceedings regarding the termination of parental rights.  Senate Bill 530 would speed up the process of terminating parental rights for those parents who are deemed unfit, provide drug-addicted parents with assistance in establishing a safe place to live for their children, and prevent children from spending unnecessary time in the state’s foster care system.   

Members of the upper chamber gave their approval to a $220.5 million capital improvements bill that will help fund various projects across the Show-Me State, including construction of a passenger rail station close to a business incubator in St. Louis ($11 million) as well as funding for various projects on state college and university campuses.  House Bill 2021, handled in the upper chamber by Sen. Schaefer, was sent back to the House, where it received the votes need to move the funding bill to the governor.

Voters will see a proposed constitutional amendment on the ballot in November that would give citizens to the right to keep and bear arms in defense of their family, in addition to the current constitutional rights that protect their defense of home, person and property.  Senate Joint Resolution 36, also sponsored by Sen. Schaefer, would remove language stating that the right to keep and bear arms does not justify the wearing of concealed weapons. 

The Legislature this week also adopted Senate Concurrent Resolution 36, sponsored by Sen. Jay Wasson, R-Nixa.  This concurrent resolution establishes a “Multiple Sclerosis Task Force” responsible for developing strategies to identify and address the unmet needs of individuals with multiple sclerosis (MS) in order to enhance the quality of life and provide those affected by MS greater access to various treatments and other therapeutic options that may be available.  Recommendations and findings must be reported to the General Assembly by Jan. 1, 2015, when the task force will terminate. 

Senate Sends Measures to the House

Two concurrent resolutions voted out of committee this week were considered on the Senate floor.
Senate Concurrent Resolution 41, sponsored by Sen. David Pearce, R-Warrensburg, would designate November 2014 as Chronic Obstructive Pulmonary Disease (COPD) awareness month in Missouri; and Senate Concurrent Resolution 43, sponsored by Sen. David Sater, R-Cassville, would designate the Vietnam Veterans Memorial, which is to be built on the College of the Ozarks Campus in Point Lookout, Mo., as the state’s official Vietnam War Memorial.  Both measures now move to the House for its consideration.

An encompassing bill that contains provisions relating to investments, garnishments, women’s and minority business enterprises, and Sunday sales of motorcycles also goes back to the House.  Senate Bill 672, sponsored by Sen. Mike Parson, R-Bolivar, served on the conference committee this week on the measure and was joined by Sen. Bob Dixon, R-Springfield; Sen. Romine; Senate Minority Floor Leader Jolie Justus, D-Kansas City; and Sen. Joseph Keaveny, D-St. Louis.  Final approval in the other chamber would send this bill to the governor.

Another bill sent back to the House addresses the authorization of funding and administrative processes in higher education.  House Bill 1390, handled in the Senate by Sen. Pearce, would outline 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.  During debate in the Senate, several senators offered amendments to the House bill.  One, offered by Sen. Paul LeVota, D-Independence, would modify the criteria students must meet to receive the A+ Schools Program Scholarship; another, proposed by Sen. Shalonn “Kiki” Curls, D-Kansas City, would expand the Missouri Science, Technology, Engineering and Mathematics (STEM) Initiative, which supports education and development of industry in these particular fields of study; and an amendment offered by Sen. Brown, would repeal the sunset provision of the large animal veterinarian student loan program.  These, along with other amendments, were adopted and House Bill 1390 goes back to the House for final approval. 

 
The Senate’s Daily Audio/Video Clips for May 8 include Sen. David Pearce, R-Warrensburg (Cut 3); Sen. Paul LeVota, D-Independence (Cut 4); and Sen. Shalonn “Kiki” Curls, D-Kansas City (Cut 5), discussing House Bill 1390 in the Senate. 

Upper Chamber Discusses “Paycheck Protection,” Waiting Period for Abortions and Voting Bills

Senators spent time on the floor this week debating House Bill 1617, also known as the “paycheck protection” bill.  The legislation, carried in the upper chamber by Sen. Brown, 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.  Upon voter approval, the act would allow public employee labor unions to withhold fees from public employee paychecks only upon the annual written consent of the employee.  Also, the bill would require public employees’ annual consent for labor unions to use fees and dues for political purposes.  Participating in or refraining from consent would not affect a person’s employment.

Lawmakers also debated in the upper chamber House Bill 1307, which would amend the state’s current waiting period for a woman to receive an abortion from 24 to 72 hours.  The bill was handled by Sen. Sater.  Amendments by Sen. Jamilah Nasheed, D-St. Louis, and Sen. Scott Sifton, D-Affton, were offered to revise the bill, specifying the new waiting period would not apply if a pregnancy was a result of rape or incest.  However, the amendments were defeated and the bill was set aside for future debate.

 
The Senate’s Daily Audio/Video Clips for May 7 include Sen. David Sater, R-Cassville (Cut 1), and Sen. Scott Sifton, D-Affton (Cut 2), discussing House Bill 1307 in the Senate chamber. 

If the General Assembly passes House Joint Resolution 47 — handled in the upper chamber this week by Sen. Kraus — Missourians could decide to amend the state’s constitution to allow the General Assembly to pass legislation that may require a voter to show a photo ID before casting his or her ballot at the poll.  Senator Nasheed offered amendments to the measure that would allow college student IDs to count as photo IDs and exempt voters born before Jan. 1, 1997, from the photo ID requirement.  The bill was laid over for further consideration with the amendments pending.

 
The Senate’s Daily Audio/Video Clips for May 8 feature Sen. Will Kraus, R-Lee’s Summit (Cut 1), and Sen. Jolie Justus, D-Kansas City (Cut 2), debating House Joint Resolution 47 in the Senate.

House Joint Resolution 90, which was voted out of committee this week, was brought up in the Senate for debate.  The measure, also carried by Sen. Kraus, would authorize early voting in general elections for voters who have registered to vote within a specific timeframe.  In-person early voting would take place at the local election authority during regular business hours and require at least one election judge from each political party to serve at the site. 

Conference Committees Assigned to Various Bills

As legislation advances through the General Assembly, often times changes made to a bill in one chamber are not accepted in the next.  When both sides fail to adopt these differences, then legislation may be assigned to a conference committee, where members work to establish one concise piece of legislation to bring before both chambers for final passage.

Senate Bill 493, sponsored by Sen. Pearce, is a compromise among nine Senate bills filed this session that would change how the state assigns classification designations to individual schools throughout the state, naming them as unaccredited, provisionally accredited, accredited or accredited with distinction.  The bill would address how students transfer from one school to another when their home school is deemed unaccredited.  Numerous amendments were offered and adopted once the bill reached the House for its consideration.  Now, Sen. Schmitt; Sen. Ed Emery, R-Lamar; Sen. Maria Chappelle-Nadal, D-University City; Sen. Curls; and bill sponsor Sen. Pearce will work with three members of the House to iron out the differences on this education measure. 

Missouri currently 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, sponsored by Sen. Rob Schaaf, R-St. Joseph.  The measure would extend allocation of tax revenues from the non-resident entertainer and athlete tax from 2015 to 2020.  Bill sponsor Sen. Schaaf; Sen. Kraus; Sen. John Lamping, R-Ladue; Sen. Sifton; and Sen. LeVota, serve on the conference committee with three other representatives to work out the two chambers’ discrepancies in the bill.

Legislation originally filed this session as a measure that would require hospitals to offer flu shots for patients 65 and older before they are discharged is now a bill that contains several provisions relating to public health.  Senate Bill 716, sponsored by Sen. Brown, also includes provisions pertaining to umbilical cord blood banks, the meningitis vaccine, newborn screening tests, and vaccinations provided by pharmacists, among others.  Sen. Brown, along with Sen. Schmitt; Sen. Sater; Sen. Sifton; and Sen. Gina Walsh, D-Bellefontaine Neighbors, and three members from the House, serve on the conference committee for this public health measure. 

Accompanied by three members of the House, Sen. Brian Nieves, R-Washington; Sen. Brian Munzlinger, R-Williamstown; Sen. Dixon; Sen. Justus; and Sen. Jason Holsman, D-Kansas City, serve on the conference committee for House Bill 1439.  The measure would establish the Second Amendment Preservation Act and change state laws regarding open carry ordinances, school protection officers, law enforcement officers’ power to arrest, patients’ ownership of firearms, unlawful use of weapons and special prosecutors, concealed carry permits, firearm possession within housing authorities, and violations of federal transfer laws.

Legislation that would require the State Board of Education to convene work groups to develop new K-12 academic performance standards also goes to conference.  House Bill 1490 relates to the Common Core State Standards Initiative and would create an open and transparent process regarding the implementation of any education standard for Missouri students.  Sen. Emery, who handled the bill in the upper chamber, Sen. Pearce, Sen. Lamping, Sen. Chappelle-Nadal, and Sen. Keaveny, serve with three members of the House on the bill’s conference committee.

Senator Dixon is sponsoring an omnibus judicial bill in the Senate that includes provisions relating to garnishments, criminal procedure, prosecutors’ retirement system, judicial resources, court surcharges and crime prevention, among others.  Senator Dixon, along with Sen. Schmitt, Sen. Schaefer, Sen. Justus, Sen. Keaveny, and three members from the House, serve on the conference committee to work out the differences between the two chambers on Senate Bill 621.

A bill that started out exempting motor vehicles older than 10 years from the sales tax on titling turned into legislation including provisions regarding fire sprinklers, taxation and other merchandising practices.  Senate Bill 693 now goes to conference where bill sponsor Sen. Parson, along with Sen. Dixon, Sen. Romine, Sen. Keaveny, Sen. LeVota, and three members from the House of Representatives, will work on presenting to the House and Senate a finalized measure next week.  

Senate Committees Continue Hearings in the Last Two Weeks of Session

In the Senate Judiciary and Civil and Criminal Jurisprudence Committee on Monday, lawmakers heard testimony on House Bill 2116, an omnibus measure relating to public safety.  Provisions in the bill would address line of duty compensation for emergency personnel, false impersonation as a public servant, and disarming a police officer, among other public safety acts. 

Members of the committee also gave their approval to an encompassing public safety measure that includes a provision that would permit those on private property with the permission of the owner to use deadly force in certain situations, among other provisions.  House Bill 1539 now moves to the full Senate for possible debate.  The committee also voted “do pass” House Bill 1906, which would reauthorize a fund and grant program for law enforcement agencies that are investigating Internet sex crimes against children. 

On Tuesday, the Senate Seniors, Families and Pensions Committee conducted a hearing on House Bill 1713, which would change various provisions, including what program plans must contain, regarding Missouri’s Shared Work Unemployment Compensation Program.  This program, operated under the Department of Labor & Industrial Relations, provides an alternative to layoffs for employers who are faced with a reduction in the amount of available work.  The motion to pass the measure and send it to the full Senate for debate failed in committee.

The Senate Rules, Joint Rules, Resolutions and Ethics Committee heard testimony on Senate Concurrent Resolution 42, sponsored by Sen. LeVota, which would urge a commitment to equal rights for those who have cognitive disabilities in order for these individuals to obtain technology and information access.  The resolution calls for implementation of such rights with deliberate speed.

The committee also gave its approval to several House concurrent resolutions, moving them to the full Senate for possible debate:

• House Concurrent Resolution 9 would urge the National Park Service to not take action on the general management plan for the Ozark National Scenic Riverways.
• House Concurrent Resolution 13 would urge the U.S. Air Force to retain the A-10 Thunderbolt II aircraft fleet.
• House Concurrent Resolution 25 would recognize the month of February as “Oral Health Awareness Month,” noting that good oral health is critical to good overall health. 
• House Concurrent Resolution 29 would request a federal balanced budget amendment to the U.S. Constitution and request Congress to submit the proposed amendment to the states for ratification.
• House Concurrent Resolution 30 would urge the U.S. Environmental Protection Agency (EPA) to reject any federal fossil fuel emission regulations that would have the effect of removing coal as a viable fuel source.
• House Concurrent Resolution 38 would urge Congress to decrease the EPA’s authority to regulate water quality and the use of coal and wood as energy sources.
• House Concurrent Resolution 45 would reauthorize the Joint Interim Committee on State Employee Wages.  Created by House Concurrent Resolution 33 in 2012, the joint interim committee was responsible for studying and developing strategies for increasing the wages of Missouri’s state employees so Missouri would become competitive with its peer states in regard to state employee wages.

In the Senate General Laws Committee this week, members conducted a hearing on House Bill 1647, which would prohibit Missouri and local governments within the state from implementing policies that would infringe on private property rights and are traceable to Agenda 21 — a non-binding, voluntary action plan adopted in 1992 by the United Nations (UN) regarding sustainable development — or any other international law that conflicts with the federal or state constitutions.  In addition, the legislation would prohibit the state and its local governments from entering into an agreement with, expending money for, receiving funds or contracting services from, or giving financial aid to any organization accredited and enlisted by the UN to assist in the implementation of Agenda 21.  The bill was later voted out of committee.

Also considered by committee members was testimony on House Bill 1665, legislation that would require those who publish an arrest booking photograph on a website, for the purpose of commerce, to remove the photograph upon request of the individual in the booking photo.

On Wednesday, the Senate Transportation and Infrastructure Committee held a hearing on House Bill 1655.  The bill would exempt those 21 and older who ride a motorcycle from wearing a helmet and create a special license plate for the Breast Cancer Foundation of the Ozarks. 

In the Senate Education Committee, members gave their approval to House Bill 1308, which would expand the Bright Flight Scholarship Program to include forgivable loans and modify requirements for students to receive a scholarship; House Bill 1614, which would change procedures used to administer “Bryce’s Law” — helps special needs children obtain services from private facilities and public schools — and add dyslexia as a qualifying need; and House Bill 1689, which would change various provisions relating to early childhood education programs, such as the age eligibility for school district operated pre-kindergarten programs, among others.

Next week is the final week of the 2014 legislative session.  With more than 1,800 measures introduced this year and 90 already heading to the governor’s desk or receiving his signature, the last week of session will include several more legislative accomplishments for members of the upper chamber and the Senate as a whole.  The 2014 legislative session will conclude at 6 p.m. on May 16, 2014.