JEFFERSON CITY — With only days remaining in the 2015 regular legislative session, time spent on the floor of the Missouri Senate grows a little longer, and more House bills are debated in the upper chamber. The First Regular Session of the 98th General Assembly will conclude work on Friday, May 15, 2015, at 6 p.m.

Senators Send Bills to the House

Economic Development

A proposal that seeks to renovate the former Chrysler assembly plant in Fenton (near St. Louis) can be found in House Bill 514, legislation that would modify provisions relating to tax increment financing. Senator Eric Schmitt, R-Glendale, handles the proposal in the upper chamber. During debate on Wednesday afternoon, April 29, Senate Majority Floor Leader Ron Richard, R-Joplin, offered an amendment that would help ensure the National Geospatial-Intelligence Agency (NGA) remains in St. Louis. There are three potential sites for a location in the St. Louis area that include the Fenton plant, one of which is in north St. Louis and the other is in St. Louis City.

This measure would authorize tax increment financing for the redevelopment of former automobile manufacturing plants located in St. Louis County. The former automobile manufacturing plant must be a redevelopment area containing a minimum of 100 acres that was historically used primarily for the manufacture of automobiles but ceased operations after the 2007 calendar year. The location in Fenton is 300 acres.

House Bill 514 now moves back to the Missouri House of Representatives for its consideration.

Click here to listen to The Senate Minute from Thursday, April 30, for more about House Bill 514.

Education

Another House proposal now carrying Senate amendments is House Bill 458, legislation that would change the laws regarding bullying in schools and establish specific components that a district must include in its antibullying policy. The measure is also handled in the upper chamber by Sen. Schmitt.

This bill would change the laws regarding bullying in schools. In its main provisions, the measure would add substantial interference with the educational process or disruption of school operations to the definition of "bullying," and prohibit bullying on school property, at any school function and on a school bus.

“Cyberbullying” would be defined as transmitting a bullying communication including — but not limited to — a message, text, sound, or image by means of an electronic device. The measure would also require a school district’s antibullying policy to be printed in the student handbook. This document would include: A statement prohibiting bullying; a statement requiring district employees to report any instance of bullying of which they have first-hand knowledge or reasonable cause to believe occurred; a procedure for the reporting and prompt investigation of an act of bullying; a description of the ways in which a school will respond once an incident of bullying is confirmed; a statement prohibiting reprisal or retaliation against a person reporting an act of bullying and the consequence and action for a person who engages in reprisal or retaliation; and a statement of how the policy will be publicized and a process for discussing the policy with students and training employees and volunteers in the requirements of the policy.

With the Senate changes, House Bill 458 is now in a Missouri Senate-House conference committee.

Click here to listen to The Senate Minute from Tuesday, April 28, for more about House Bill 458.

Judiciary and Civil and Criminal Jurisprudence

Extensive debate was given on Senate Bill 199, 417 & 42, a measure that would modify a provision specifying when law enforcement officers are justified in using deadly force. The legislation is sponsored by Sen. Dixon; Sen. Maria Chappelle-Nadal, D-University City; and Sen. Jamilah Nasheed, D-St. Louis.

Current law states that the use of physical force when making an arrest is not justified, unless the arrest is lawful or the officer reasonably believes the arrest is lawful. This proposal would add a provision stating that the use of force when making an arrest is also not justified, unless the amount of force used was objectively reasonable in light of all of the facts and circumstances confronting the officer, regardless of the officer's intent or motivation.

Under current law, a law enforcement officer may use deadly force when he or she reasonably believes the force is immediately necessary to effect an arrest and reasonably believes the suspect has committed or attempted to commit a felony, is attempting to escape by use of a deadly weapon or may otherwise endanger life or seriously injure another person.

This bill would allow a law enforcement officer to use deadly force when making an arrest or preventing an escape from custody, if the officer reasonably believes the force is immediately necessary to make the arrest or prevent the escape and has probable cause to believe the person has committed or attempted to commit a felony involving the infliction or threatened infliction of serious physical injury, is attempting to escape by use of a deadly weapon, or may otherwise pose a threat of serious physical injury to the officer or others unless arrested without delay.

Senate Bill 199, 417 & 42 moves to the Missouri House for its consideration.

Click here to listen to The Senate Minute from Wednesday, April 29, for more about Senate Bill 199.

Another measure relating to criminal law is Senate Bill 200, legislation that would modify provisions related to first degree murder. The proposal is also sponsored by Sen. Dixon.

Under current Missouri law, offenders who were under the age of 18 at the time they committed first-degree murder must be sentenced to life imprisonment without eligibility for probation, parole or conditional release. In June 2012, the U.S. Supreme Court — in Miller v. Alabama — held that mandatory life sentences without parole for juvenile criminal offenders are unconstitutional. As a result, there is no punishment for first-degree murder under current law in Missouri that is enforceable against those who committed murder before they turned 18.

This bill would repeal the mandatory life sentence found to be unconstitutional in Miller v. Alabama. Under Senate Bill 200, a person who was 16 or 17 years old at the time of the crime may be sentenced to either imprisonment for at least 50 years or life imprisonment without parole. A person who was under the age of 16 may be sentenced to imprisonment for at least 35 years or life without parole.

Any person who was sentenced to life imprisonment without parole for a crime committed before the person turned 18, whose case is not final for purposes of appeal may — within six months of the effective date of the act — file a motion with the sentencing court for a review of the person's sentence. This measure specifies that the new procedures for juvenile first-degree murderers do not apply to cases that are final for purposes of appeal.

The offense of murder in the first degree was added to the definition of "dangerous felony."

This bill also seeks to repeal obsolete provisions stating that certain trials are to proceed in a single stage. Other technical changes were made in this proposal to make the provisions align with amendments to the criminal code in Senate Bill 491 from 2014.

Senate Bill 200 is also now in the Missouri House for its consideration.

Click here to listen to The Senate Minute from Wednesday, April 29, for more about Senate Bill 199.

Rules

Senate Bill 433 is legislation that would adopt the Compact for a Balanced Budget. The measure is also sponsored by Sen. Dixon.

The goal of the compact is the adoption of the Balanced Budget Amendment to the U.S. Constitution. Once three-fourths of the states have adopted the compact, the legislatures of the member states will be eligible to have called for a convention, under Article V of the U.S. Constitution, to propose amendments. Delegates to the convention will be appointed as follows: one by the Speaker of the Missouri House of Representatives, one by the President Pro Tem of the Missouri Senate, and one jointly by the Minority Floor Leaders of the House of Representatives and the Missouri Senate. Delegates are limited in their authority to only debating and ratifying the Balanced Budget Amendment.

After the constitutional convention has adopted the Balanced Budget Amendment, and Congress has referred the amendment to the state legislatures for ratification, each member state to the compact will be deemed to have ratified the amendment.

The Balanced Budget Amendment limits federal spending to revenue received by the federal government plus amounts borrowed under the debt limit. A debt limit is established, which will be equal to 105 percent of the federal debt at the time of ratification of the amendment. The debt limit may be increased, but only for specific line items which must be approved by a majority of the state legislatures. When outstanding debt exceeds 98 percent of the debt limit, the president can impound expenditures in an amount to keep debt below the limit. Congress may override any impoundments by designating a different spending rule.

The Balanced Budget Amendment would prohibit any new or increased taxes from being passed by Congress unless approved by two-thirds of the entire body of each chamber of Congress. This prohibition would not apply to a replacement of the income tax with a new sales tax or to a limitation on any tax exemption, deduction, or credit.

Senate Bill 433 has been given final Missouri Senate approval and is now in the Missouri House of Representatives for similar consideration.

Click here to watch Sen. Dixon talk about Senate Bill 433 on the floor of the Missouri Senate on Monday, April 27.

General Laws and Pensions

Missouri senators amend and return to the Missouri House House Bill 515, a measure that would change the laws regarding the Police Retirement System of St. Louis. Senate Minority Floor Leader Joseph Keaveny, D-St. Louis, is the bill handler in the upper chamber.

This bill seeks to change the laws regarding the disability determination process of the Police Retirement System of St. Louis. The measure would eliminate the board of police commissioners and transfer its responsibilities to the chief of police. The definition of "medical board" would be changed from the board of three physicians of different disciplines, appointed by the trustees of the police retirement board, and responsible for arranging and passing on all required medical examinations and investigations regarding an application for disability retirement to the health care organization appointed by the trustees with those responsibilities.

Click here to watch Sen. Keaveny talk about House Bill 515 on the floor of the Missouri Senate on Monday, April 27.

Executive Branch Vetoes Senate Legislation

This week, the governor vetoed Senate Bill 24. The measure is sponsored by Sen. David Sater, R-Cassville, and would modify provisions of law relating to the Temporary Assistance for Needy Families Program (TANF) and Supplemental Nutrition Assistance Program (SNAP).

Under the "Strengthening Missouri Families Act," which would be created by Senate Bill 24, the Missouri Department of Social Services (DSS) could conduct an investigation and determine if a person is cooperating with a work activity requirement under the TANF program. If the person is non-compliant, a representative of the department could conduct a face-to-face meeting and explain the potential sanction of TANF benefits, as well as the requirements to cure such a sanction. The TANF recipient would then have six weeks to comply with the work activity requirement. Failure to do so would result in a sanction consisting of a 50 percent reduction of benefits, for a maximum of 10 weeks. During that period of sanctions, the person would remain on the caseload in sanction status and the department would attempt to meet face-to-face to explain the sanction and the requirements to cure the sanction. To cure a sanction, the person could perform work activities for a minimum average of 30 hours per week for one month. If the person does not cure the sanction, the case would be closed. This bill would allow for the person to reapply for benefits by completing work activities for a minimum average of 30 hours per week within one month of the eligibility interview.

Beginning Jan. 1, 2016: The lifetime limit for TANF would be 45 months. This limit would not apply to minors and those families qualifying for a hardship exemption. The department would implement a cash diversion program that would grant eligible TANF benefits recipients lump-sum cash grants for short-term needs, as well as job referrals or referrals to career centers, in lieu of signing up for the long-term monthly cash assistance program upon a showing of good cause. This lump sum benefit would not apply toward the lifetime TANF benefits limit. Good cause may include loss of employment, excluding a voluntary quit or dismissal due to poor job performance; catastrophic illness; domestic violence; or other emergencies rendering a family member unable to care for the basic needs of the family. The lump-sum maximum limit would be set at three times the family size allowance and for use once in a 12-month period and for only five instances in a lifetime. The department would develop a standardized program orientation for TANF applicants that inform applicants of the program's rules and work requirements, as well as the consequences if the work requirements are not met. The department could not issue a case without receiving confirmation that TANF applicants have signed a participation agreement; a new spouse's income and assets would be disregarded for six consecutive months. This disregard would be applied once in a recipient's lifetime. Those seeking benefits would be required to engage in work activities before becoming eligible.

The department would set aside a minimum of 2 percent of TANF funds, consistent with federal law and subject to appropriations, to fund alternative to abortion services and awareness programs, as well as a minimum of 2 percent of TANF funds for healthy marriage and responsible fatherhood promotion. These funds would be used to supplement and not supplant existing funding for these programs.

SNAP allows states with a certain level of unemployment to seek a waiver of the work requirement for assistance. Missouri currently has such a waiver. Beginning Jan. 1, 2016, this measure would remove the waiver and reinstate the work requirements.

Any savings resulting from the changes to TANF and SNAP would be used to provide child care assistance for single parents, education assistance, transportation assistance and job training for individuals receiving benefits under the programs as allowable under law.

DSS would make an annual report to the Joint Committee on Government Accountability on the progress of implementation and include specified data. The committee would meet at least once a year to review the report and make recommendations to the president pro tem of the Missouri Senate and the speaker of the Missouri House.

Senate Bill 24 has now been added to the Vetoed Senate Bills calendar, and a consideration to override the governor’s veto could come next week. In order to override a veto a two-thirds vote is required in both the Missouri Senate and the Missouri House.

Committees Consider Multiple Bills

The following measures have been approved by their respective panels, reported from committee, and could be debated at any time on the Missouri Senate floor.

The Governmental Accountability and Fiscal Oversight Committee, chaired by Sen. Mike Cunningham, R-Rogersville:

Senate Bill 377, which would create an exemption for sales of aircraft to nonresidents;
House Bill 137, which would modify provisions relating to competitive bidding;
House Bill 299, which would modify provisions relating to taxation;
House Bill 517, which would modify provisions relating to taxation;
House Bill 524, which would allow the director of the Department of Revenue to adopt rules and regulations allowing specified motor vehicle or trailer lien holders to electronically release a lien;
House Bill 587, which would modify provisions relating to licensing fees paid by entities and persons licensed under the Missouri Sale of Checks Law, credit service organizations, and consumer credit lenders;
House Bill 589, which would modify provisions relating to reimbursement for MO HealthNet services;
House Bill 615, which would modify various provisions relating to workers' compensation;
House Bill 709, which would modify regulations related to entities regulated by the Department of Insurance, Financial Institutions and Professional Registration; and
House Joint Resolution 1, which proposes a constitutional amendment specifying that a person seeking to vote in a public election may be required by general law to provide a valid government-issued photo identification.

The Financial & Governmental Organizations and Elections Committee, chaired by Sen. Jay Wasson, R-Nixa, voted “do pass” on:

House Bill 112, which would provide that certain licensing boards of health care professionals may contract with entities to collect workforce data from their licensees;
House Bill 385, which would create a definition for "correspondence" and "sold" in the chapter regulating real estate brokers; and
House Bill 618, which would modify provisions of law regarding the disposition of deceased human remains and the electronic vital records system.

The Seniors, Families and Children Committee, chaired by Sen. David Sater, R-Cassville, voted “do pass” on:

House Bill 796, which would modify provisions relating to SNAP, TANF and MO HealthNet; and
House Bill 976, which would modify provisions relating to children, including immunization, amino acid-based elemental formula, court orders, juveniles with problem sexual behavior, safe sleep protocols, and the Children's Services Fund.

The Rules, Joint Rules, Resolutions and Ethics Committee, chaired by Senate Majority Floor Leader Ron Richard, R-Joplin, voted “do pass” on:

Senate Concurrent Resolution 38, which would authorize independent certified public accountant or certified public accounting firm to conduct an audit of state auditor's office;
Senate Concurrent Resolution 39, which would require the Board of Public Buildings to reassign office space within the State Capitol;
Senate Concurrent Resolution 40, which would create the Study Commission on Mining Property Assessment;
House Concurrent Resolution 18, which seeks to recognize July 1, 2015, as "Lucile Bluford Day" in Missouri in honor of a brave and persistent civil rights activist;
House Concurrent Resolution 26, which would designate the month of March for the years 2015 thru 2025 as Women Veterans' Month;
House Concurrent Resolution 32, which seeks to adopt the House Majority Floor Leader's filing with the Environmental Protection Agency as the state's official position on the Clean Power Plan, and urges the EPA to withdraw the proposed Clean Power Plan; and
House Joint Resolution 34, which would amend the U.S. Constitution to limit general revenue appropriations and mandate state income tax rate reductions in certain situations and subject tax credits to appropriations.

The Judiciary and Civil and Criminal Jurisprudence Committee, chaired by Sen. Dixon:

House Bill 104, which would prohibit public higher education institutions from denying religious student associations benefits available to other student associations and from discriminating against them; and
House Bill 799, which seeks to move provisions regarding judicial circuits.

The Small Business, Insurance and Industry Committee, chaired by Sen. Mike Parson, R-Bolivar:

House Bill 529, which would modify regulations on the business of insurance; and
House Bill 864, which would modify provisions requiring LLC's owning rental or unoccupied property to list a property manager with the City of Kansas City.

The Commerce, Consumer Protection, Energy and the Environment Committee, chaired by Sen. Mike Kehoe, R-Jefferson City:

House Bill 714, which would change the laws regarding 911 emergency communications services;
House Bill 923, which would require the General Assembly to approve a state energy plan in order for such plan to be implemented; and
House Bill 1084, which would require owners of a coal-fired electric generating source in a NAAQS nonattainment area to develop an ambient air quality monitoring or modeling network.

The Transportation, Infrastructure and Public Safety Committee, chaired by Sen. Doug Libla, R-Poplar Bluff, voted “do pass” on:

House Bill 522, which would designate certain highways and bridges in the state; and
House Bill 523, which would modify requirements for protective headgear for operators and passengers of motorcycles and motor tricycles.

The Jobs, Economic Development and Local Government Committee, chaired by Sen. Schmitt: 

House Bill 279, which would modify provisions relating to liquor licenses and advertising of liquor sales and creates the Division of Alcohol and Tobacco Control Fund; and
House Bill 401, which would extend the expiration date on a provision that allows counties to decrease their annual budgets to July 1, 2026.

The Agriculture, Food Production and Outdoor Resources Committee, chaired by Sen. Brian Munzlinger, R-Williamstown:

House Bill 100, which would modify provisions relating to the administration of topical agricultural products; and
House Bill 1093, which seeks to modify provisions relating to honey.

The Education Committee, chaired by Sen. David Pearce, R-Warrensburg:

House Bill 478, which would specify that school teacher and employee retirement allowances must not exceed 2.55 percent of the member's final average salary for each year of service if the member's service is 31 years or more; and
House Bill 578, which would require high school students and students seeking a high school equivalency certificate to receive a passing grade on a basic civics test.

The Ways and Means Committee, chaired by Sen. Will Kraus, R-Lee’s Summit, voted “do pass” on:

House Bill 440, which would allow sellers to advertise that sales tax will be assumed by the seller; and
House Bill 502, which would allow employers to file withholdings taxes on an annual basis when the aggregate amount withheld in each of the previous four quarters is less than $100.

The Veterans' Affairs and Health Committee, chaired by Sen. Dan Brown, R-Rolla:

House Bill 769, which would allow for direct primary health care services to be provided through a medical retainer agreement between the physician and patient; and
House Bill 1070, which would establish the Office of Military Advocate under the Missouri Military Preparedness and Enhancement Commission.

The 2015 legislative session runs until May 15, 2015. To follow these and other issues before the Missouri Senate, visit www.senate.mo.gov. Visitors can track legislation considered by the General Assembly during the 2015 session, learn more about their legislative district and listen to streaming audio of legislative debate as it happens on the Senate floor.

The Missouri Senate’s Capitol Briefing will be distributed and posted weekly throughout session. 

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:

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.
This Date in Missouri Senate History – A feature that looks back at the impact made by the Missouri Legislature throughout the history of the Show-Me State. This feature is offered on a regular basis.

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.