Deadline Reached to Sign Legislation
Passed by General Assembly

127 Senate and House bills slated to become law; 46 received vetoes

JEFFERSON CITY – Approximately 60 Senate bills passed by the General Assembly during the 2014 regular legislative session received the governor’s signature before his constitutional deadline (one was allowed to lapse into law; another was overridden by the Legislature).  According to Article III, Section 31, “When the general assembly adjourns, or recesses for a period of thirty days or more, the governor shall return within forty-five days any bill to the office of the secretary of state with his approval or reasons for disapproval.”  Since the Legislature adjourned sine die, “without delay,” on May 30, the governor had until July 14 to act on legislation delivered to his desk.

Legislation Receiving the Governor’s Signature

July 1 saw the signing of legislation sponsored by Sen. Ryan Silvey, R-Lee’s Summit, which addresses the “Boarder War” between Missouri and Kansas and businesses within these two states that relocate from one to another in order to benefit from certain tax incentives.  The act prohibits 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).  Senate Bill 635 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.  Kansas has two years to sign on to the deal or it will expire on Aug. 28, 2016.  If Kansas joins the truce, then the measure is set to end Aug. 28, 2020.

The next day, the governor lent his signature to several Senate bills, including measures relating to the publication of proposed rules and state statutes.  Senate Bill 643, initially sponsored by Sen. Scott T. Rupp, R-Wentzville, and later carried through the legislative process by Sen. Scott Sifton, D-Affton, removes the requirement to publish the revised statutes of Missouri every 10 years, and instead, allows them to be printed when the General Assembly adopts a concurrent resolution requesting the publication of the revised statutes.  Senate Bill 504, sponsored by Sen. Brian Munzlinger, R-Williamstown, requires state agencies to 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.  Senator Munzlinger also sponsored Senate Bill 745, which changes state statute regarding Missouri’s law enforcement officers and provisions relating to concealed carry permits. 

In addition, the governor signed legislation sponsored by Sen. Mike Cunningham, R-Rogersville, allowing nonprofit organizations to prepare food in a private home or other area for charitable fundraising events.  However, Senate Bill 525 does not apply to food establishments that are regulated by the Department of Health and Senior Services, and excludes Jefferson, St. Louis, and St. Charles counties and the City of St. Louis.

The governor also signed a measure that expands a 2012 law that allows watercraft dealers to issue temporary boating safety ID cards to nonresidents.  Senate Bill 785, sponsored by Sen. Mike Kehoe, R-Jefferson City, permits all Missouri residents to obtain the state’s one-time seven-day temporary boating safety ID card.

Legislation sponsored by Sen. Mike Parson, R-Bolivar, also received executive approval on July 2.  Senate Bill 796 makes it easier for servicemen and women and those who are incarcerated to obtain a marriage license by putting in place a procedure for the recorder of deeds to issue a marriage license if one of these particular applicants is unable to appear in person.  Also sponsored by Sen. Parson, Senate Bill 812 requires the Department of Economic Development to open an office in Israel to promote strategic partnerships between companies based in the Show-Me State and those in Israel.

On July 3, the governor signed a series of public safety bills, including Senate Bill 767, sponsored by Sen. Eric Schmitt, R-Glendale, which allows all Missouri counties and the City of St. Louis to create a voluntary registry that includes individuals who have health-related ailments in order to help those during disasters or emergencies; Senate Bill 852, also sponsored by Sen. Schmitt, which permits police on the Kansas border to provide mutual aid, gives compensatory time for corrections officers, and provides for the regulation of corporate security advisors; and Senate Bill 773, sponsored by Senate President Pro Tem Tom Dempsey, R-St. Charles, which allows first responders to drive ground ambulances during certain emergency situations.

Shortly before the Fourth of July holiday, legislation benefiting veterans, active military and Missouri National Guard members received the governor’s signature.  Senate Bill 600, sponsored by Sen. David Sater, R-Cassville, changes provisions regarding license plates honoring veterans; expands medallion programs to include veterans who served in World War II, the Korean Conflict, or the Vietnam War as a member of the Missouri National Guard; and creates medallion programs for certain veterans who served in Operation Iraqi Freedom, New Dawn, Desert Shield, and Desert Storm.  The legislation also requires schools to conduct educational programs and activities as part of Veterans Day celebrations.

Several Senate bills were signed on July 7 pertaining to energy and the environment.  Legislation sponsored by Sen. Jason Holsman, D-Kansas City, reauthorizes a deduction for energy efficiency audits and projects starting for tax year 2014.  Under Senate Bill 601, the deduction will expire on Dec. 31, 2020.

Senator Gary Romine, R-Farmington, sponsored a Senate Bill 642, which expands the area in which surface mine operators are required to send out a notice of intent to operate a surface mine.  Senate Bill 729, also sponsored by Sen. Romine, reauthorizes the Wood Energy Producers tax credit and the tax credit for those who install and operate an alternative fuel refueling property; addresses the taxation of property used for transportation or storage of certain fuels; requires the Department of Economic Development to disburse rural regional development grants to qualified rural regional development groups; and creates a new tax credit for donations to innovation campuses—partnerships between Missouri high schools, four-year colleges and universities, businesses, and two-year higher education institutions.

Another omnibus natural resources measure, Senate Bill 664, sponsored by Sen. Dan Brown, R-Rolla, extends the expiration date (from 2015 to 2020) for fees imposed on new tires sold in Missouri; bans the Department of Natural Resources from regulating the manufacturing, performance, or use of residential wood-burning heaters under certain circumstances; requires the Air Conservation Commission to develop carbon dioxide emission standards for existing generation plants; modifies the revision of water quality standards authorized by the Clean Water Commission; and addresses publicly owned treatment works facilities.

Numerous Senate bills were signed into law on July 8, including a measure that contains corrections to changes made to the state’s statutes regarding crime and punishment.  Senate Bill 491, sponsored by Senate Minority Floor Leader Jolie Justus, D-Kansas City, was a massive criminal code overhaul measure allowed to lapse into law in May.  House Bill 1371, handled by Sen. Justus in the upper chamber, addresses provisions in the Senate bill by strengthening drunken driving laws by clarifying refusal to submit to 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. 

Another bill receiving the governor’s signature is Senate Bill 621, sponsored by Sen. Bob Dixon, R-Springfield.  This omnibus judicial bill includes provisions relating to garnishments, criminal procedure, prosecutors’ retirement system, judicial resources, court surcharges, law enforcement liability and crime prevention, among others. 

Senate Bill 655, sponsored by Sen. Will Kraus, R-Lee’s Summit, changes state law regarding who may lawfully occupy rental property and the procedures to evict a tenant.  The measure also helps 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.  In addition, the bill allows courts to order the immediate removal of individuals who are not lawfully occupying a rental unit as either a tenant or a lessee.

Legislation addressing several aspects of local government is also signed into law.  Senate Bill 672, sponsored by Sen. Parson, provides law enforcement officers with immunity from any civil or criminal liability while conducting service of process; states that anyone who performs unpaid work for a judge or a prosecutor is not considered an employee of the county or municipality; and creates the Farm-to-School Program to provide schools with locally grown agricultural products for inclusion in school meals and snacks while strengthening the economies of local farms, among other provisions.

Senator Cunningham sponsored legislation this session that prohibits bad faith assertions of patent infringement.  Senate Bill 706 creates a seven-factor test courts must consider when determining if a person has made a bad faith assertion of patent infringement.  A similar seven-factor test has also been created to consider evidence that a person has not made such a claim.  The measure also allows the Missouri Attorney General to investigate, restrain, and prosecute bad faith assertions of patent infringement claims. 

Senate Bill 735, sponsored by Sen. Brown, requires campground owners to inform campers of the ground’s policy regarding curfew, alcohol and tobacco use, and pets.  The measure does not pertain to Missouri parks, but gives campground owners the right to ask guests to leave the premises if they violate policies outlined in the legislation.

On July 9, the governor signed several bills designed to protect Missouri children and families.  Senate Bill 869, sponsored by Sen. Schmitt, adds new requirements for state-funded child care businesses and ensures Missouri will continue to receive federal childcare assistance for certain families.  The measure establishes increased childcare provider training requirements, as well as building and physical premises requirements.  The bill also requires the creation of a website that lists provider-specific information about health and licensing requirements, inspections and history of violations and compliance actions.  In addition, it establishes a hotline for parents to submit provider complaints.  With the assistance of childcare businesses and parents, advocates, and the Department of Social Services, the bill creates a transparent system of quality indicators to provide parents with a way to set apart childcare businesses in the community.  As originally filed, the measure also suspends or redirects certain adoption subsidy requirements when an adoptive child is made a ward of the court and is removed from the physical or legal custody of his or her parents due to abuse or neglect.  

Senate Bill 532 was also signed by the governor.  Senator Jamilah Nasheed, D-St. Louis, sponsored the bill this year, which allows caregivers that are related either by blood, marriage or adoption, to consent to medical and educational services for a minor—through an affidavit that will expire after one year—if the parent or guardian cannot be located after a certain timeframe. 

That same day the governor signed various Senate bills relating to education.  Senate Bill 701, sponsored by Sen. Brad Lager, R-Savannah, is a wide-ranging education bill that allows two or more schools to share superintendents; provides schools with locally grown agricultural products for snacks and meals; and adds focus to career and technical education programs, requiring the Department of Education and Secondary Education (DESE) to revise its scoring guide to provide additional points to districts that partner with area career centers, comprehensive high schools, industry, and business development programs.

Senate Bill 723, sponsored by Sen. Parson, is designed to provide funding for the renovation or repair of more than 300 projects throughout the state by raising the cap on the amount of revenue bonds that may be issued by the State Board of Public Buildings from $775 million to $1.175 billion.  The bill also raises the cap on the amount of bonds from $175 million to $375 million to repair existing buildings and facilities on the campuses of public colleges and universities throughout the Show-Me State. 

Legislation sponsored by Sen. Romine addresses alternative certification for elementary education teachers.  Senate Bill 782 allows those who are certified by the American Board for Certification of Teacher Excellence (ABCTE) to obtain teacher certification in the area of elementary education.  Applicants must complete 90 contact hours, and of those, at least 30 hours are required to be in an elementary classroom. 

On July 10 the governor gave his approval to Senate Bill 754, sponsored by Sen. Sater.  This omnibus health care measure extends the expiration date of the MoRx Prescription Drug Program from 2014 to 2017 in order to continue to provide prescription drug assistance to Missourians in need by coordinating benefits with Medicare’s (Part D) Prescription Drug Program.  Among other provisions, the legislation also:

• Allows 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.
• Requires public higher education students living on campus to receive the meningitis vaccination, unless they have medical or religious exemptions.
• Mandates the Department of Health and Senior Services to coordinate goals and benchmarks in its individual agency’s plans to reduce the incidence and improve care of diabetes, as well as control complications associated with this disease.
• Requires the University of Missouri to manage the “Show-Me Extension for Community Health Care Outcomes (ECHO) Program,” designed to expand the capacity to safely and effectively treat chronic, common, and complete diseases in rural and underserved areas.
• Requires patients who receive a mammogram that demonstrates dense breast tissue to be informed that they might benefit from supplemental screening that could detect hidden abnormalities.
• Mandates hospitals to offer flu shots to patients 65 and older before they are discharged.
• Establishes the “Show-Me Health Babies Program” as a separate insurance program for any low-income, unborn child.
• Creates a Joint Committee on Eating Disorders to review issues pertaining to the regulation of insurance and other matters impacting the lives of those diagnosed with an eating disorder.

Also signed on July 10 was Senate Bill 567, sponsored by Sen. Maria Chappelle-Nadal, D-University City.  The legislation helps provide uniformity across the state and offer regional training sessions for technical assistance or consultation in order to assist adult day care programs.  In addition, the act modifies provisions relating to standard practices, inspections, disciplinary actions, informal dispute resolutions, license revocations and adult day care programs’ operational manuals.  The bill also contains the provisions relating to the meningitis vaccine and flu shots for seniors.

Sponsored by Sen. Wayne Wallingford, R-Cape Girardeau, Senate Bill 527 designates March 27 as “Medical Radiation Safety Awareness Day” to promote awareness of not only the benefits of radiographic medical procedures, but the potential dangers of overexposure to radiation during diagnostic imaging and therapy.

Senate Bill 691, sponsored by Sen. Jay Wasson, R-Nixa, also received the governor’s signature and allows insurance companies to issue policies that exclusively cover sinkholes under the “Missouri Basic Property Insurance Inspection and Placement Program.”

Senate Bills Vetoed by the Governor

Nearly 50 bills were vetoed in whole or in part (budget measures) by the governor this year; 22 of those included legislation originating in the Senate.

On July 2 the governor failed to approve Senate Bill 593, sponsored by Sen. Sater.  His measure would have allowed certain local governments to waive conducting non-partisan elections and provided a recall procedure for members of an emergency services board.   In his veto letter, the governor indicated the legislation would have limited the rights of Missouri citizens to support write-in candidates.  However, Sen. Sater noted during floor debate that the waiver of non-partisan elections would have been up to the vote of the people living in the town or village.

The governor also vetoed Senate Bill 731 on July 7.  The measure, sponsored by Sen. Nasheed, would have addressed ordinances and properties that are considered a nuisance.  Cited in the governor’s veto letter, an amendment added to the bill during the legislation process was said to infringe on private property rights by giving immunity to polluters who create environmental hazards and contamination that reduce nearby property values.  Senator Nasheed noted her legislation initially set out to fight to protect those who maintain their homes and neighborhoods and give a voice to those who need representation.

The next day, the governor vetoed Senate Bill 506, sponsored by Sen. Munzlinger.  This omnibus agriculture bill would have added captive deer to the state’s definition of livestock; created the Missouri Dairy Revitalization Act of 2014; repealed the sunset provision of the large animal veterinarian student loan program; required the Department of Agriculture to publish rules regarding renewable fuels and the labeling of motor fuel pumps; and changed provisions of state law regarding foreign ownership of agricultural land, among others.  The governor disapproved the measure in part due to the provisions regarding captive deer, noting the changes in the bill would have eliminated the role of the Missouri Department of Conservation (MDC) in regulating white-tailed deer.  Under the Missouri Constitution, Sen. Munzlinger cites the MDC is authorized to regulate wildlife, not captive animals.

On July 9, Senate Bill 523—sponsored by Sen. Ed Emery, R-Lamar—also received action by the governor’s veto pen.  The measure would have prohibited school districts from requiring students to use identification devices, such as a student ID badge, that utilize radio frequency identification (RFID) technology to identify students, transmit information regarding students, or monitor or track students’ locations.  The governor noted the measure took away the ability for local school officials to determine what is best for their school districts, students and staff.  Senator Emery indicates RFID is beneficial when it can be controlled, but poses concerns regarding students’ private information.

Vetoed July 10 was Senate Bill 575, sponsored by Sen. Dixon.  The legislation would have repealed a number of committees that have dissolved or expired, as well as created a permanent Joint Committee on Judiciary and Justice to promote the effective administration of justice and public safety.  Reasons behind the governor’s veto include the legislation’s supposed limiting of the requirement for actuarial analysis of health insurance benefit mandates and repealing the MO HealthNet Oversight Committee, created in 2007 to evaluate the MO HealthNet Program and its implementation.  Senator Dixon supported the measure as an ongoing effort to reduce bureaucracy and streamline government.

Also vetoed was legislation sponsored by Sen. Cunningham.  Senate Bill 694 would have made changes to the payday loan industry by increasing the amount lenders are required to pay in annual licensing; requiring lenders to conspicuously post the fee for loans in terms of dollars charged per $100 loaned; implementing extended payment plans for borrowers to pay outside loans; and reducing the amount of accumulated interest and fees to 35 percent of the initial loan amount for the life of the loan.  The governor indicated the bill was “short of the mark” of “meaningful reform,” while the bill’s sponsor said it was much-needed legislation that provided accurate information to customers so they could make informed decisions regarding their finances.

Legislation sponsored by Sen. Wasson was vetoed by the governor on July 14—the final day the governor could act on measures passed by the General Assembly.  Senate Bill 841 would have changed Missouri’s state laws relating to alternative nicotine or vapor products, such as electronic cigarettes, by prohibiting the sales of these items to those who are under 18 years old.  The measure would have also required sellers of alternative nicotine or vapor products to have a retail sales tax license.  The governor indicated his reasons behind vetoing the bill because the measure would have excluded “alternative nicotine products” and “vapor products” from the definition of “tobacco products” and prohibited these items from being regulated or taxed as “tobacco products” under Missouri law.  Senator Wasson filed the measure to help keep these relatively new, unregulated products out of the hands of children.

The month of August brings the implementation of many these signed measures into law.  In the next Capitol Briefing, read about some of the important pieces of legislation passed by the General Assembly that will take effect on Aug. 28.
The Missouri Senate’s Capitol Briefing will be distributed and posted monthly throughout the interim.  For more legislative news, please visit the Senate newsroom at www.senate.mo.gov/newsroom, where you will find various audio and video programs and other informational services, such as:

• Missouri Legislative Update – A video program produced throughout the legislative session and interim that provides an overview of news in the Missouri Senate and House of Representatives.  The program features news interviews with lawmakers conducted by Missourinet’s Bob Priddy and stories on issues concerning Missourians.
• This Week in the Missouri Senate – A weekly, audio program that wraps up the week’s news in the Missouri Senate.  Programs are posted online every Friday in .mp3 format.
• The Senate Minute – A condensed, one-minute audio report of current Senate news.  Programs are posted in .mp3 format and are available through podcast.
• Daily Audio/Video Clips – Throughout the year, the Senate Newsroom posts broadcast-quality audio and video highlights from Senate committee hearings, floor debate, press conferences and other legislative events.  Please note: Clips linked to this Capitol Briefing are only available for the legislative week referenced in the publication.