General Column July 14, 2008

General Column – Week of July 14, 2008

58 Senate Bills Signed into Law

Deadline for governor to sign bills was July 14

Jefferson City — Monday, July 14, marked the last day the governor could sign bills into law. Under the Missouri Constitution, the governor has 45 days after the Legislature adjourns (the 2008 legislative session concluded May 16) to either sign or veto legislation. If the governor fails to sign or veto a bill, it automatically becomes a law after the 45-day window.

Three Senate bills were vetoed, and will be returned to the upper chamber with the governor’s objections, which could be discussed during the Legislature’s veto session in September. A two-thirds vote is required by both the Senate and the House to override a governor’s veto. Of the 578 Senate bills introduced during the 2008 legislative session, 61 were passed, and 58 received the governor’s signature. Seventy-six House Bills were signed into law.

Missouri will no longer have campaign contribution limits since the governor signed SB 1038, sponsored by Sen. Charlie Shields (R-St. Joseph). The bill repeals the limits put into place after the Missouri Supreme Court in 2007 overturned a similar repeal of campaign contribution limits passed during the 2006 legislative session. Beginning Aug. 28, candidates for office may receive unlimited campaign contributions. However, they must report contributions exceeding $5,000 within 48 hours of receiving the contribution.

Also signed into law was SB 1139, sponsored by Sen. Tom Dempsey (R-St. Charles). By revising the Uniform Anatomical Gift Act, the legislation creates a first person consent organ and tissue donor registry. Any individual who agrees to have his or her name in the registry gives full legal consent to the donation of any of his or her organs or tissues upon death. Missourians are under no obligation to add their names to the registry and may withdraw their consent at any time.

Missouri schools affected by disasters will now have some assistance under the Rebuild Missouri Schools Program, which allows school districts with one or more school facilities in a declared disaster area to apply for no-interest loans with the state board of education through a 20-year repayment agreement. The new legislation, SB 1170, sponsored by Sen. Rob Mayer (R-Dexter), gives Missouri school districts the financial means to recover and rebuild when school facilities are affected by catastrophic events. The bill was motivated by the near destruction of a high school in Caruthersville following a 2006 tornado. The school suffered extensive damage and must be rebuilt to strict standards because of its location within the New Madrid Fault Zone.

A bill requiring the Board of Optometry to give notice of its meetings was also signed by the governor. Senate Bill 850, sponsored by Sen. Jolie Justus (D-Kansas City), requires the board to give at least ten days' public notice of the time and place of its semiannual meetings.

Legislation aimed at making government buildings more energy efficient was also signed into law. Senate Bill 1181, sponsored by Sen. Kevin Engler (R-Farmington), increases the minimum energy efficiency standard and requires all newly constructed or substantially renovated state buildings over 5,000 square feet to comply with that standard by July 2009. It also creates tax incentives for “going green” through the “Show Me Green Sales Tax Holiday.” For 2009 and every following year between April 19 and 25, all sales of Energy Star-certified new appliances will be exempt from state sales tax. Counties and cities may choose to opt in to the program.

Also signed was wide-ranging transportation legislation, SB 930, sponsored by Sen. Bill Stouffer (R-Napton). Primarily, the bill closes a loophole in the law that barred prosecutors from using a defendant’s prior guilty plea and suspended imposition of sentence in municipal court to strengthen the punishment for the defendant’s repeat DWI offense. It also requires repeat drunken drivers to use ignition interlock devices on their vehicles and shifts the responsibility for ensuring the use of these devices from the courts to the Missouri Department of Revenue. The devices prevent a vehicle from starting unless the driver blows into a special gauge without registering alcohol in their blood stream.

Missouri’s illegal immigration laws are strengthened with the signing of HB 1549 into law. Because of the emergency clause attached to the bill, it went into effect immediately upon the governor’s signing. The comprehensive illegal immigration reform package includes:

Barring the state from issuing driver’s licenses to illegal immigrants.

Imposing criminal penalties for assisting illegal immigrants in obtaining driver’s licenses.

Requiring public agencies to verify legal status of applicants for welfare benefits.

Requiring verification of legal employment status of all public employees.

Canceling state contracts for contractors that hire illegal immigrants.

Punishing employers who misclassify workers with penalties of $50 per day per misclassified worker up to a maximum of $50,000 in fines.

Establishing citizenship status checks on every individual presented for incarceration.

Prohibiting Missouri from creating “sanctuary cities” — a practice by some U.S. cities that sidesteps the law by adopting ordinances that ban police from asking individuals about immigration status.

This column is written bi-monthly during the interim. To follow these and other issues facing the Missouri Senate, visit www.senate.mo.gov. Visitors can research legislation, learn more about their Senate district, or watch video or listen to audio highlights of the Second Regular Session of the 94th Missouri General Assembly.

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