JEFFERSON CITY – The final week of the 2014 legislative session included the passage of approximately 100 bills, sending them to the governor for his signature.  Overall, legislators filed 1,845 measures this year, with nearly 200 reaching the governor’s desk.  The last days of session included the passage of legislation relating to school accreditation and student transfers, measures addressing Missouri’s judicial system, acts promoting economic development, and bills focusing on consumer protections.

Agriculture and the Outdoors

An omnibus agriculture bill moved through the Legislature this week, obtaining the votes needed to go to the governor for his signature.  Senate Bill 506, sponsored by Sen. Brian Munzlinger, R-Williamstown, would add captive deer  to the state’s definition of livestock; create the Missouri Dairy Revitalization Act of 2014, which would require the University of Missouri to conduct research each year on the estimated state sales tax revenue generated from dairy products; repeal the sunset provision of the large animal veterinarian student loan program, renamed the “Dr. Merrill Townley Large Animal Veterinary Student Loan Program”; require the Department of Agriculture to publish rules regarding renewable fuels and the labeling of motor fuel pumps; and changes provisions of state law regarding foreign ownership of agriculture land, among others. 

A bill filed this session designed to establish a safe and friendly environment for campers was delivered to the governor’s desk this week.  Senate Bill 735, sponsored by Sen. Dan Brown, R-Rolla, would require campground owners to inform campers of the ground’s policy regarding curfew, alcohol and tobacco use, and pets.  The legislation, which does not apply to Missouri state parks, would give owners the right to ask campers to leave the premises if they violate policies outlined in the bill.  If these individuals do not leave, then they would be guilty of trespassing in the first degree and refunded any unused portion of their prepaid fees if they are ejected from the campgrounds.

Commerce and Consumer Protection

Legislation that would change Missouri’s state laws relating to alternative nicotine or vapor products, such as electronic cigarettes, moves to the governor.  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.

Carried by Sen. Scott Sifton, D-Affton, through the upper chamber, House Bill 1411 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 $100 fine for the first violation, a $250 fine for the second violation, and a $500 fine for each subsequent violation.  Every use of a tanning device in a tanning facility in violation of this act would be a separate offense. 

Economic Development

Senate Bill 635, sponsored by Sen. Ryan Silvey, R-Kansas City, addresses the “Border War” between Missouri and Kansas regarding businesses relocating from one state to another to benefit from certain tax incentives.  The act would prohibit the issuance of incentives under the BUILD program, the new or expanded business facilities program, the Urban Enterprise Loan program, or the Missouri Works program for businesses that relocate from certain counties in Kansas (Douglas, Johnson, Miami, or Wyandotte) to certain counties in Missouri (Cass, Clay, Jackson, or Platte).  The legislation is contingent on the Kansas Legislature passing similar legislation or its governor issuing an executive order with a similar prohibition on these types of incentives for businesses.

A measure that addresses nuisance ordinances and properties that are considered a nuisance also advances to the governor.  Property that is neglected or has code violations in certain counties and cities in Missouri is considered a nuisance if it adversely affects the property values of a neighborhood. Senate Bill 731, sponsored by Sen. Jamilah Nasheed, D-St. Louis, would also make property a nuisance if it affects the value of any property in the neighborhood and the list of actions, including failure to reasonably maintain the property and violations of ordinances, that lead to the liability for the nuisance. 

Education

Senate Bill 493 is the culmination of bipartisan legislation coming together in order to reform Missouri’s school accreditation and student transfer process.  The measure, sponsored by Sen. David Pearce, R-Warrensburg, 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 legislation would create three regional authorities (one for the St. Louis region, a second authority for the Kansas City area, and a third for the rest of the state) to oversee student transfers in Missouri .  It would also revise the number of required school days per year, changing it from 174 school days for a five-day week or 142 school days for a four-day week  to 1,044 school hours per year.  In addition, the bill would address how certain students transfer from one school to another when their home school is deemed unaccredited.  One of the most debated provisions in the bill would allow voters in certain parts of the state — St. Louis City, and St. Louis and Jackson counties – to decide if students from an unaccredited district may transfer to a nonsectarian private school located in the district.

 
The Senate’s Daily Audio/Video Clips for May 15 include Sen. Shalonn “Kiki” Curls, D-Kansas City (Cut 1); Sen. Paul LeVota, D-Independence (Cut 2); Sen. Eric Schmitt, R-Glendale (Cut 3); Sen. Maria Chappelle-Nadal, D-Kansas City (Cut 4); and Sen. David Pearce, R-Warrensburg (Cut 5), discussing Senate Bill 493 before it was sent back to the House for final passage.

Another bill relating to education sponsored by Sen. Pearce, this one focusing on higher education institutions, would require the creation of a performance-based funding model for public colleges and universities in Missouri.  Under Senate Bill 492, core funding for each school would be appropriated in FY 2015 and funding through the increase allocation model would begin FY 2016, with 90 percent distributed based on institutional performance measures (students’ retention, graduation rates, students’ job placement in association with their degree, and students’ pursuit of graduate degrees); 10 percent based on full-time equivalency; and 10 percent based on weighted full-time equivalent credit hours.

House Bill 1689, ushered through the upper chamber by Sen. Pearce and containing provisions sponsored by Sen. Joseph Keaveny, D-St. Louis, would address eligibility requirements for children to enter in school district operated pre-K programs and allow certain school districts that operate early childhood education programs to receive state funding through the state’s school foundation formula for certain students between the ages of 3-5, among other provisions relating to early childhood education.

 
The Senate’s Daily Audio/Video Clips for May 15 feature Sen. David Pearce, R-Warrensburg (Cut 9), and Sen. Jason Holsman, D-Kansas City (Cut 10), bringing up House Bill 1689 for debate in the Missouri Senate.

Legislation that would require the State Board of Education to convene work groups to develop new K-12 academic performance standards also goes to the governor.  House Bill 1490, handled by Sen. Ed Emery, R-Lamar, 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.  The board would create separate work groups, for grades K-5 and 6-12, to evaluate the following areas of study: English language arts, math, science, and history and government.  These work groups would have to develop and recommend academic performance standards by Oct. 1, 2015, which would be adopted and implemented beginning in the 2016-2017 school year.  The board would have to align the statewide assessment system to the new standards.  In addition, the Commissioner of Education would be required to notify the General Assembly within six months of modifying or revising the statewide assessment system, in which the Legislature may veto any modification or revision by concurrent resolution. 

 
The Senate’s Daily Audio/Video Clips for May 14 feature Sen. Ed Emery, R-Lamar (Cut 1), on a request to go to conference on House Bill 1490.

Families and Seniors

Senator Bob Dixon, R-Springfield, carried House Bill 1092 through the upper chamber.  The legislation would change provisions relating to foster children and child abuse and neglect investigations, including requiring the Joint Committee on Child Abuse and Neglect to make recommendations on how to improve abuse and neglect proceedings; allowing the Office of the Child Advocate to intervene on behalf of a child in the judicial system; changing timeframes regarding a child abuse or neglect investigation; and permitting those 16 and older in the foster care system to contract for car insurance, among other provisions.

Government Accountability

Before lawmakers even sat down to begin their work to allocate funds for state departments and programs included in the Fiscal Year 2015 operating budget, budget leaders from the Senate and House and staff from the governor’s office finalize a Consensus Revenue Estimate (CRE) — projected revenue growth for the next fiscal year — to build and finance Missouri’s budget.  However, this year, lawmakers and the governor did not agree on the CRE, therefore the budget lawmakers passed last week was based on a lower CRE compared to the governor’s baseline.  House Bill 2077, handled by Senate Appropriations Chair Kurt Schaefer, R-Columbia, would create the Surplus Revenue Fund, which would deposit up to $215 million of revenue exceeding $16.834 billion for the 2014 and 2015 fiscal years. 

 
The Senate’s Daily Audio/Video Clips for May 15 include Sen. Kurt Schaefer, R-Columbia (Cut 8), handling House Bill 2077 in the upper chamber.

Senate Bill 504, sponsored by Sen. Munzlinger, would require state agencies make available to the public proposed rules online, including each rule’s summary, full text, fiscal note, as well as a link to the Missouri Register, within one day the proposed rule is published in the register.

Health and Wellness

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, and diabetes care and control, among others. 

Judicial and Law Enforcement

Legislation also sponsored by Sen. Munzlinger would change state statutes regarding Missouri’s law enforcement officers, clarifying that these officers may only make an arrest without a warrant for an offense over which the law enforcement officer has jurisdiction.  In addition, Senate Bill 745 pertains to concealed carry permits.  The act would require the Missouri Sheriff Methamphetamine Relief Task Force, or MoSMART, to support sheriffs in the creation and maintenance of a statewide concealed carry permit system that is accessible to sheriffs and law enforcement agencies.  Information regarding concealed carry permit holders would be reported to the new permit system.  In addition, those applying for a concealed carry permit would only have to demonstrate their ability to safely load and live fire from a revolver or semiautomatic pistol, instead of demonstrating these acts with both firearms.

After weeks of discussion, lawmakers advanced to the governor a bill that would extend the current waiting period to have an abortion from 24 to 72 hours.  If the 72-hour waiting period is put on hold by judicial order, then the waiting period for an abortion would be 24 hours.   House Bills 1307 & 1313 were handled in the Senate by Sen. David Sater, R-Cassville.

 
The Senate’s Daily Audio/Video Clips for May 13 include Sen. David Sater, R-Cassville (Cut 3), and Sen. Scott Sifton, D-Affton (Cut 4), debating Senate Bills 1307 & 1313 in the upper chamber before it was delivered back to the House for final passage.

While the Senate’s criminal code measure (Senate Bill 491, sponsored by Senate Minority Floor Leader Jolie Justus, D-Kansas City) was allowed to lapse into law this week by the governor, the General Assembly gave its approval to a House bill that contains corrections to changes made to the state’s statues regarding crime and punishment.  House Bill 1371, carried through the upper chamber by Sen. Justus, includes strengthening drunken driving laws by clarifying refusal to submit a blood alcohol test is admissible when a person is under arrest.  The bill also adds prohibiting the purchase, acquisition, or receipt of certain amounts of medication to statutes regarding unlawful sale, distribution, or purchase of over-the counter drugs to make methamphetamine.

 
The Senate’s Daily Audio/Video Clips for May 15 feature Sen. Jolie Justus, D-Kansas City (Cut 6) bringing up House Bill 1371 for final passage in the Senate.

House Bill 1410, handled by Sen. Schaefer, removes the option for a  trial de novo — a retrial in a district court that is conducted as if no trial had occurred in the lower court — in landlord-tenant actions.  The legislation also updates the definition of “lessee” by restricting it to only individuals who have leased the premises and are obligated to pay rent, and “occupant” as a person lawfully occupying a dwelling either as a tenant or a lessee.  In addition, the bill gives tenants 24 hours to vacate the premises following a court-ordered immediate eviction.  After the 24 hours, the landlord has the right to re-enter and take possession of the rental property.  Finally, the legislation removes the claim of right defense for tenants who willfully cause damage to rental property in property damage cases. 

Legislation sponsored by Sen. Dixon addressed various provisions relating to the administration of justice.  Senate Bill 621would create a permanent Joint Committee on the Justice System responsible for reviewing all aspects of the state’s justice system and making any recommendations for legislative change to the General Assembly.  The bill also contains provisions regarding publishing of the Missouri Revised Statutes, law enforcement immunity, savings bonds as unclaimed property, and reauthorization of the Cyber Crime Investigation Fund, among others. 

Public Assistance

A measure that started out in the Senate designed to lift the lifetime ban against those who have felony convictions for possession or use of a controlled substance in order to receive food stamp benefits turned into an encompassing public assistance bill.  Senate Bill 680, sponsored by Sen. Shalonn “Kiki” Curls, D-Kansas City, also establishes a pilot program for Supplemental Nutritional Assistance Program (SNAP) participants in order for them to have access and the ability to afford fresh products and other health products at farmers’ markets; strengthens the ban on the use of Temporary Assistance for Needy Families (TANF) benefits on electronic benefit transfer (EBT) cards at certain businesses to purchase alcohol, lottery tickets, tobacco, or other items; and temporarily suspends benefit payments to EBT accounts when recipients or TANF or SNAP benefits fail to make at least one transaction in Missouri during a set timeframe. 

Senate Bill 727, sponsored by Sen. Maria Chappelle-Nadal, D-University City, would create a sales and use tax exemption for certain items sold at farmers’ markets, but would not apply to products sold at farmers’ markets that have sales of at least $25,000.  In addition the bill, subject to appropriations, would require the Department of Social Services to establish a pilot program to provide Supplemental Nutrition Assistance Program (SNAP) participants with access to affordable fresh food when purchasing fresh products at farmers’ markets, and allow individuals with a felony conviction for possession or use of a controlled substance to become eligible for good stamp benefits.  These are similar to the provisions found in Senate Bill 680.

Transportation and Infrastructure

In 2012, the General Assembly passed and the governor signed into law legislation sponsored by Sen. Mike Kehoe, R-Jefferson City, which allows watercraft dealers to issue temporary boating safety ID cards to nonresidents.  This year, Sen. Kehoe filed legislation that would expand the opportunity to obtain the state’s one-time seven-day temporary boating safety ID card to all Missouri residents.  Senate Bill 785 now awaits the governor’s signature.

Senator Kehoe also handled House Bill 1190 in the Senate.  The measure would establish the “Facilitating Business Rapid Response to State Declared Disasters Act” to exempt certain out-of-state business  and its employees from Missouri withholding, income, and use tax, as well as employment, licensing, and registration requirements during a disaster period.  These businesses would have to provide assistance in repairing, renovating, installing, or building infrastructure related to the declared disaster or emergency.  House Bill 1190 also would require the Department of Transportation to issue emergency utility response following a disaster where utility service has been disrupted. 

Senator Will Kraus, R-Lee’s Summit, ushered House Bill 1735 through its final passage in the Senate.  Currently, motor vehicles cannot be sold on Sundays in the Show-Me State.  This measure would lift the criminal penalties for selling motorcycles, as well as other motorized vehicles by powersport dealers, on Sundays.  The act also updates the state’s definitions for “all-terrain vehicle,” “recreational off-highway vehicle,” and utility vehicle.”

Missouri voters will be able to decide on the November ballot if a temporary three-quarters of one cent sales and use tax is needed to help fund transportation projects throughout Missouri.  Under House Joint Resolution 68, carried by Sen. Kehoe, the sales and use tax would increase over a period of 10 years, unless renewed by voters.  The collected tax would be distributed between the County Aid Transportation Fund, the Municipal Aid Transportation Fund, and the Transportation Safety and Job Creation Fund.

Veterans

Senator Wayne Wallingford, R-Cape Girardeau, brought House Joint Resolution 48 up for final passage in the Senate this week.  This constitutional amendment will go before voters in November asking Missourians to require the State Lottery Commission to develop and sell a Veterans Lottery Ticket by July 1, 2015.  The net proceeds from the sale of this new lottery ticket would go into the Veterans’ Commission Capital Improvements Trust Fund, which is used to cover the construction, maintenance or renovation or equipment needs for Missouri’s veterans’ homes and cemeteries. 

Voting and Elections

Senator Kraus also carried through the upper chamber House Joint Resolution 90, which will allow voters in November to authorize early voting in Missouri.  Early voting would occur the six business days prior to the general election for those who have registered to vote within a specific timeframe.  Mail-in no-excuse absentee voting would be allowed during this same time period and ballots for early voting could be requested.  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 early voting site.

 
The Senate’s Daily Audio/Video Clips for May 13 feature Sen. Will Kraus, R-Lee’s Summit (Cut 5), and Sen. Jolie Justus, D-Kansas City (Cut 6), during debate on House Joint Resolution 90 before it was sent back to the House for final approval. 

To see a complete list of legislation delivered to the governor during the 2014 regular session, visit www.senate.mo.gov and click on the “Truly Agreed Bills” link under the “Legislation” tab.  The constitutional deadline for adjournment in the General Assembly is May 30.  The period of time between the 6  p.m. deadline on May 16 and May 30 is devoted to enrolling, engrossing and the signing of bills by presiding officers in each chamber that were passed before 6 p.m. on May 16.  The governor has 45 days from May 30 to take action – sign, veto, or let lapse into law – legislation delivered to him by the General Assembly.  This date falls on Monday, July 14, 2014.  Measures vetoed by the governor may be considered during the Legislature’s annual veto session in mid-September.

The final two Capitol Briefings for the month of May will focus on legislation reaching the governor’s desk during the first and second half of the legislative session.  The Capitol Briefing will then be produced monthly starting in June, focusing on legislation signed by the governor, enactment dates of bills receiving the governor’s signature, the 2014 veto session, and prefiled legislation for the 98th General Assembly, First Regular Session.