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General Column – Week of May 12, 2008

2008 Legislative Session Nearly Complete


Several bills still expected to pass before 6 p.m. Friday deadline


Jefferson City — In the final week of the 2008 legislative session, the Missouri Senate spent much of its time debating topics that were named top priorities for lawmakers back in January. Illegal immigration, voter ID, economic development and property tax reform took center stage as the clock started ticking toward the 6 p.m. Friday, May 16, deadline when all bills must be passed.

With limited time, most bills lose steam as the final days approach, or are attached to other bills as amendments. A select few actually make it through the entire legislative process to become laws. Bills not receiving approval by both chambers will need to be revisited next year. At the time of this writing, 63 bills have been passed by the Legislature, 37 of which are Senate bills. Several bills still theoretically have time to pass if the two chambers can iron out their differences. Voter ID, illegal immigration and transportation bills have all made significant progress.

Among the noteworthy measures passed this year is SB 724, sponsored by Sen. Delbert Scott (R-Lowry City). The bill gives qualified advanced practice registered nurses authority to prescribe controlled substances in schedules III, IV, and V while operating under a collaborative practice agreement. Senate Bill 724 also contains anti-meth provisions that further limit the sale of pseudoephedrines, a key ingredient in meth. Under current law, pharmacies are required to maintain a paper log and document any transactions where the customer purchases pseudoephedrine products — SB 724 requires pharmacies to upgrade to an electronic, rather than written log. The act also specifies that the photo ID provided by the buyer of pseudoephedrine products be issued by a state or the federal government and shown prior to the purchase.     

An autism bill based on the recommendations of the Blue Ribbon Panel on Autism Spectrum Disorder, which was created last year to help devise a plan for how the state can improve services relating to ASD, was passed this session. Senate Bill 768, sponsored by Sen. Scott T. Rupp (R-Wentzville), creates the Missouri Commission on Autism Spectrum Disorders (ASD). The purpose of the commission is to advise the governor, lawmakers and state agencies, as well as develop a sweeping statewide plan for an integrated system of training, treatment and services for people of all ages with ASD.

Flags will now fly at half-staff for Missouri service men and women killed in combat. Senate Bill 806, sponsored by Sen. Kevin Engler (R-Farmington), requires the U.S. and Missouri state flags to be flown at half-staff for one full day whenever a Missouri resident is killed in the line of duty during military service.

Legislation that lightens the financial burden of higher education for Missouri’s combat veterans was passed this session. Senate Bill 830, sponsored by Sen. Maida Coleman (D-St. Louis), limits the tuition a public Missouri university or college may charge to certain combat veterans to no more than $50 per credit hour for programs where the student earns a certificate, or an associate or bachelor’s degree. For veterans to be eligible to participate in the program, they must have served in armed combat after September 11, 2001, been Missouri residents when they first entered the military, and been discharged from their service under honorable conditions.

The Missouri Higher Education Loan Authority (MOHELA) will now be allowed to expand its student loan offerings and originate federal Stafford loans under SB 967, sponsored by Sen. Rob Mayer (R-Dexter). Currently, MOHELA is one of the only state-based student loan lending institutions in the country that does not originate, or serve as the original funding source for federally guaranteed Stafford loans.

Alternative teacher certification for professionals is now a possibility in Missouri. Senate Bill 1066, sponsored by Sen. Luann Ridgeway (R-Smithville), creates an alternative teacher certification process where an individual may be certified in Missouri by receiving certification from the American Board for Certification of Teacher Excellence (ABCTE) and verifying the ability to work with children by completing 60 contact hours in the classroom. Certification through ABCTE does not grant state certification in the areas of early childhood education, elementary education or special education.

Senate Bill 1105, sponsored by Sen. Maida Coleman (D-St. Louis), was another Senate bill cleared by the General Assembly. The bill creates a check-off on the Missouri individual and corporate income tax forms for contributions to the breast cancer awareness trust fund.      

Missouri will have an organ and tissue donor registry under SB 1139, sponsored by Sen. Tom Dempsey (R-St. Charles). 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 in the registry and may withdraw their consent at any time.

Senate Bill 1034, sponsored by Sen. Rob Mayer (R-Dexter), strengthens record-keeping requirements for scrap metal dealers to help curb the instances of industrial metal theft in Missouri. A copy of the scrap metal seller's driver's license or other state or federally issued photo ID containing the seller's current address must be kept in the transaction record, as well as the date, time, and place of each transaction. These enhanced requirements apply to copper, brass, bronze, and certain types of aluminum.

Also passed by lawmakers this year was HB 1779, a bill that deregulates the telecommunications industry. The bill seeks to increase competition in the telecom industry through limiting governmental control and offering non-traditional phone services such as voice over Internet protocol (VOIP), an Internet-based phone service mainly available through cable companies. House Bill 1779 also creates penalties for corporations, individuals and public utilities that violate any requirements of the Missouri Public Service Commission relating to federally mandated natural gas safety standards.

Legislation penalizing mortgage fraud was also delivered to the governor. House Bill 2188 creates civil and criminal penalties for people who commit mortgage fraud, as well as imposes sanctions on certain licensed and unlicensed individuals found guilty of the crime. 

One of the most debated bills of the legislative session, House Bill 2393, received final approval from lawmakers. The economic development measure creates a “mega-project’ component under the Enhanced Enterprise Zone program, which provides tax credit incentives for companies to locate to Missouri. Bombardier, a Montreal-based company, is considering building a $400 million airplane assembly plant at Kansas City International Airport, which would employ approximately 2,100 workers paying an average annual wage of $63,000. Companies that qualify as a mega-project, such as Bombardier, would be allowed an income tax credit equal to a percentage of its new annual payroll for employees. To qualify, the company’s investment must be projected to exceed $300 million dollars and create at least 1,000 new jobs over a period of eight years. House Bill 2393 caps tax credits at $240 million over an 8-year period and requires the company to repay any tax credits issued by the state.

Also clearing the General Assembly was House Bill 1341, which establishes “Ethan's Law” requiring owners of for-profit, privately owned swimming pools to maintain adequate liability insurance.

An update on legislation passed after the time of this writing will be provided Friday, May 16. To follow these and other issues facing the Missouri Senate, visit www.senate.mo.gov. Visitors can track legislation as it passes through the General Assembly, learn more about their Senate district, or listen to streaming audio of legislative debate as it happens. Tomorrow (5/16) marks the final day of the Second Regular Session of the 94th Missouri General Assembly.

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