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General Column

Week of May 11, 2009

Part 2 of 3*

 

 
 

Education, Crime Bills Sent to Governor

 

General Assembly Endorses Public Defender Reform and Unemployment Benefits Expansion

 

 

 

JEFFERSON CITY—With hours to go before the legislative session ends at 6 p.m. today (5/15), lawmakers reached a resolution on some of the biggest issues of the year—education and crime—sending two comprehensive bills to the governor’s desk.  

 

After encountering some difficulty in the House, Senate Bill 291 , sponsored by Senate President Pro Tem Charlie Shields (R-St. Joseph), was passed Thursday afternoon. The comprehensive education bill started as a single provision that allows school districts to offer virtual courses and receive state funding. The passed version builds upon that provision in several ways, including:

  • Providing that all revenue collected from the repeal of the casino loss limits be deposited into the Classroom Trust Fund and then dispersed to schools, ensuring that the money voters intended for public schools to receive is properly distributed.
  • Establishing the P-20 Council as a private, not-for-profit entity on behalf of the state with the purpose of creating a more efficient and effective education system to better prepare students for entering the workforce.
  • Creating the Missouri Senior Cadets Program, which will provide opportunities for 12th graders in public schools to mentor kindergarten through eighth grade students.
  • Establishing the School Flex Program to allow eligible students to pursue a timely graduation from high school.
  • Creating the Persistence to Graduation Fund and establishing a procedure for school districts to apply for grants to implement drop-out prevention strategies.
  • Requiring each public school to develop standards for teaching by June 30, 2010.
  • Developing "The Parents' Bill of Rights" to inform parents of children with an individualized education program of their educational rights under law.
  • Requiring school districts to ensure that students in elementary schools participate in moderate physical activity for the entire school year (beginning 2010-2011) for an average of 150 minutes per week, or 30 minutes per day.
  • Allowing school boards to establish a four-day school week instead of a five-day school week by a majority vote of board members.

The bill also contains language from a bill originally sponsored by Sen. Rita Heard Days (D-St. Louis), which allows school districts to maintain permanent records in a digital or electronic format.

 

The omnibus crime bill also made it through before the deadline, making it the first large crime measure to pass the General Assembly in recent years. Sen. Matt Bartle (R-Lee’s Summit) handled HB 62 in the Senate, which includes provisions that:

 

  • Prohibit the use of a false or misleading college degree in connection with any business, employment opportunity, trade or public office.
  • Allow university police officers to respond to emergencies or natural disasters outside of the boundaries of university property and provide services if requested by the law enforcement agency with jurisdiction.
  • Require the Department of Health and Senior Services to implement an education and awareness program regarding the financial exploitation of the elderly.
  • Require that, upon the victim's request, a photograph be taken of an incarcerated individual prior to his or her release and a copy be provided to the victim.
  • Create penalties for owners of dogs that cause injury and give an absolute defense against civil liability or prosecution for killing or injuring certain threatening dogs.
  • Deny driving privileges to any person convicted twice within a five-year period of committing an intoxication-related traffic offense and prohibit issuing a license to that person for five years from the date of the second conviction.
  • Prohibit certain alcohol-related activities on the state’s minor rivers.
  • Prohibit certain sexual offenders from serving as an athletic coach, manager or trainer for any sports team on which a child younger than 17 is a member.
  • Prohibit the use or possession of an alcoholic beverage vaporizer.
  • Require any person who steals animals or livestock worth more than $3,000 and who has pleaded guilty to this offense before to serve 80 percent of the sentence before being eligible for probation or parole.

The bill also contains language from a bill sponsored by Sen. Ryan McKenna (D-Crystal City) that would prohibit those under the age of 21 from text messaging while driving on Missouri roads.

 

All of the bills discussed below have received final approval by the General Assembly and now move to the governor’s desk as well. 

 

Senate Bill 37 , sponsored by Sen. Jack Goodman (R-Mt. Vernon), establishes maximum caseload standards for state public defenders and establishes procedures to follow when maximum case levels are met. It also allows for the contracting of private attorneys and makes overall changes to the public defender system to help improve efficiency.

 

Legislation sponsored by Sen. Brad Lager (R-Savannah), Senate Bill 376 , creates the Missouri Energy Efficiency Investment Act. The bill requires the Public Service Commission (PSC) to allow electric companies to implement and recover costs related to PSC-approved energy efficiency programs. It also requires the PSC to fairly apportion the costs and benefits of energy efficiency programs to customers—however, it may reduce or exempt costs for low-income individuals.

 

Customers may elect not to participate in an electric company's energy efficiency program and not be charged for the associated costs. Electric companies must also separately list out any costs associated with these programs on their customers' bills.

 

Senate Bill 216 , sponsored by Sen. Delbert Scott (R-Lowry City), regulates debt settlement providers in the state and the services they are able to offer.

 

Sen. Scott also handled House Bill 250 in the Senate. The bill specifies that access to public land owned, managed or funded by the state for horse and mule use will not be denied on trails and roads currently open to the public for that purpose, except under certain conditions.

 

A commission that is charged with preserving the State Capitol and recording its history will see its duties expanded under Senate Bill 480, sponsored by Sen. Wes Shoemyer (D-Clarence). The legislation renames the Second State Capitol Commission the Missouri State Capitol Commission and expands its duties to include evaluating and approving Capitol studies and improvement, expansion, renovation and restoration projects. The commission will also initiate planning efforts, subject to appropriation, for a centennial celebration of the laying of the capstone of the Capitol.

 

The bill also creates the Missouri Board on Geographic Names within the office of the Secretary of State that will report to the General Assembly annually. The board will evaluate proposals for changes in names of geographical features and places; make official recommendations to and cooperate with the United States Board on Geographic names; maintain a list of advisers who have special interest and knowledge in Missouri history, geography or culture, and consult with such advisers; and develop and revise state priorities for geographic records projects.

 

Senate Concurrent Resolution 2 , sponsored by Sen. Jason Crowell (R-Cape Girardeau), recognizes October 3rd of each year as Science Day in Missouri.

 

House Bill 745 , handled in the Senate by Sen. Dan Clemens (R-Marshfield), requires that the state, when purchasing commodities and tangible goods, must give preference to products processed in Missouri and to all new generation processing entities except those producing renewable fuels. Commodities include any agricultural product that has been processed or had value added to it in this state.

 

Legislation handled by Sen. John Griesheimer (R-Washington), HB 1075 , temporarily expands unemployment benefits. The bill allows the state to bring in more money for these benefits under the federal stimulus program. First, it creates an alternative base period for unemployment compensation claimants who do not have sufficient wages in the base period to be an insured worker. Also, claimants who have begun training under the Workforce Investment Act or approved training under Missouri law and have exhausted regular benefits, will be eligible for additional benefits not to exceed 26 times their weekly benefit amount. Priority for these funds will be given to those laid off through no fault of their own from Missouri automobile manufacturing facilities.

 

The First Regular Session of the 95th Missouri General Assembly comes to a close today (5/15) at 6 p.m.

 

*Part three of the General Column will be released Monday, May 18.

 

The Missouri Senate General Column is written on a regular basis. To follow these and other issues being addressed by 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, and listen to streaming audio of legislative debate as it happens.

 

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