Capitol Briefing for the Week of Feb. 2, 2015
Senate Debates Priority Legislation for 2015 Session

JEFFERSON CITY—Debate in the upper chamber ramped up this week, with senators considering various measures and perfecting four bills for possible final passage. Committees also continued their work vetting 2015 legislation. Additionally, a number of bills are on the Senate calendar ready to make their way to the floor for consideration by the full body.

Senate Debates and Perfects Handful of Measures this Week

Lawmakers in the upper chamber gave initial approval to four measures this week, including legislation enacting ethics reform, a 2015 legislative priority of the Missouri Legislature.

Senate Bill 11, sponsored by Senate Majority Floor Leader Ron Richard, R-Joplin, would bar members of the General Assembly and candidates from acting as paid political consultants; institutes a two year “cooling off” period before members of the Legislature may become lobbyists; bars out-of-state lobbyist expenditures; and requires all political officeholders to complete one hour of ethics training 120 days after taking office, appointment, or employment.

Senate Bill 38, sponsored by Sen. Gary Romine, R-Farmington, was approved by senators this week. The legislation amends current statute so that the Joint Committee on MO HealthNet would be a permanent committee. The panel is charged with studying the resources needed to continue and improve Missouri’s Medicaid program over time.

Senate Bill 18, sponsored by Sen. Will Kraus, R-Lee’s Summit, requires the Missouri Department of Revenue to notify sellers if there is a change in sales tax law interpretation. If the department fails to notify a seller of the change, they would not be liable for the additional taxes until they are notified. The department would also have to update its website with information regarding modifications in sales tax law. Senate Bill 18 is one of the recommendations to come from the Senate Interim Committee on Tax Administration Practices.

Senate Bill 15, sponsored by Sen. Bob Dixon, R-Springfield, and Sen. Paul LeVota, D-Independence, is a bipartisan bill aimed at examining Missouri’s tax code. The legislation would create the Office of Taxpayer Advocate; amend the Missouri Taxpayer’s Bill of Rights to include a right to fair and consistent application of state tax laws; establish the Study Commission on State Tax Policy to review Missouri’s tax system; and requires the promulgation of a rule by DOR if there has been a change in the interpretation of sales tax laws that modify which items of personal property or services are taxable.

These bills require a final vote from the Senate before moving to the House for possible debate.  

Additionally, the upper chamber approved a number of concurrent resolutions, including:

  • Senate Concurrent Resolution 1, sponsored by Sen. Jamilah Nasheed, D-St. Louis, which designates January as Sex Trafficking Awareness Month in Missouri;
  • Senate Concurrent Resolution 3, sponsored by Sen. Wayne Wallingford, R-Cape Girardeau, which establishes the Joint Committee on Solid Waste Management District Operations;
  • Senate Concurrent Resolution 4, sponsored by Sen. Gina Walsh, D-Bellefontaine Neighbors, recognizes every Sept. 26 as Mesothelioma Awareness Day;
  • Senate Concurrent Resolution 5, sponsored by Sen. Romine, which creates the Missouri Lead Industry Employment, Economic Development and Environmental Remediation Task Force; and
  • Senate Concurrent Resolution 7, sponsored by Sen. Dan Brown, R-Rolla, which urges the Department of Defense and the Missouri congressional delegation to protect, preserve and promote state military bases and agencies.

These resolutions are now in the House, awaiting committee referral.

To view the status of legislation, check the Senate’s calendar by clicking here or visiting www.senate.mo.gov and clicking on the “Senate” link under the “Calendar” tab.

Bills Move through Committees

The Seniors, Families and Children Committee met on Tuesday, Feb. 3, at 8:15 a.m. in Senate Committee Room 1. The panel, chaired by Sen. David Sater, R-Cassville, took public testimony on Senate Bill 174, which would establish the Missouri Achieving a Better Life Experience Program. The legislation, filed by Sen. Eric Schmitt, R-Glendale, would create tax-free savings accounts for individuals with disabilities to save for future education, housing, transportation and related expenses.

Under the bill, a person may make a tax-deductible contribution to an account established for the purposes of financing the qualified disability expenses of a beneficiary. Participants may deduce up to $8,000 per participant ($16,000 if married filing jointly) from their adjusted gross income.

The Rules, Joint Rules, Resolutions and Ethics Committee, chaired by Majority Floor Richard, met in the Senate Lounge the same morning. The committee considered three concurrent resolutions, including Senate Concurrent Resolution 2, sponsored by Sen. Nasheed, which would designate the month of November as Pica Awareness Month in Missouri. Pica is an eating disorder which is characterized by the compulsive ingestion of nonfood items.

Senate Concurrent Resolution 10, sponsored by Sen. Brian Munzlinger, R-Williamstown, urges the Missouri congressional delegation to make changes to the school lunch program in the federal Child Nutrition Act Reauthorization in 2015, including encouraging local school districts to work with local farm-to-table organizations where appropriate.

Senate Concurrent Resolution 11, sponsored by Sen. Schmitt, urges Congress to not remove the tax-deferred treatment of 529 college savings plans. The measure is in response to the president’s State of the Union address, during which he proposed taxing these plans to pay for federal education efforts.

On Tuesday afternoon, the Senate Judiciary and Civil and Criminal Jurisprudence Committee, chaired by Sen. Dixon, took testimony on Senate Bill 109, sponsored by Sen. Kurt Schaefer, R-Columbia. The legislation provides that when a public higher education institution conducts the investigation, defense, negotiation or compromise of a claim covered by the State Legal Expense Fund, the Attorney General has exclusive discretion regarding the settlement of the claim, and any payments toward the claim from the Fund cannot be made with the Attorney General’s approval.

The Small Business, Insurance and Industry Committee, chaired by Sen. Mike Parson, R-Bolivar, met Tuesday afternoon in Senate Committee Room 1. Among the bills considered were two filed by Sen. Parson relating to insurance provisions in Missouri. Senate Bill 205 modifies regulations of insurance holding companies, and expands the power of the director of the Department of Insurance to examine insurance holding company systems.

Senate Bill 206 requires insurers to file own risk and solvency assessment (ORSA) summary reports with the Department of Insurance, Financial Institutions and Professional Registration. The bill enacts the provisions of model legislation developed by the National Association of Insurance Commissioners. The purpose of the measure is to allow large- and medium-sized insurers to develop their own model of current and future financial risk and allow regulators to determine how insurers will react to financial stress.

The committee also considered:

  • Senate Bill 145, sponsored by Sen. David Pearce, R-Warrensburg, which would require health benefit plans to cover the diagnosis and treatment of eating disorders;
  • Senate Bill 44, sponsored by Sen. Nasheed, which would prohibit employers from inquiring into or considering the criminal records of applicants before offering a conditional offer of employment;
  • Senate Bill 52, sponsored by Sen. Rob Schaaf, R-St. Joseph, which would prohibit restrictive physician employment contracts; and
  • Senate Bill 37, sponsored by Sen. Romine, which would award attorney’s fees and court costs in cases where a settlement offer was previously rejected and when the court rules on a motion to dismiss for failure to state a claim.

Also on Tuesday, the Commerce, Consumer Protection, Energy and the Environment Committee, chaired by Sen. Mike Kehoe, R-Jefferson City, took public testimony on Senate Bill 142, sponsored by Sen. Romine. The measure would require the Department of Natural Resources to prepare a regulatory impact report when submitting a state implementation plan to the federal Environmental Protection Agency.

On Wednesday morning, the Senate Transportation, Infrastructure and Public Safety Committee, chaired by Sen. Doug Libla, R-Poplar Bluff, held a public hearing on Senate Bill 21, sponsored by Sen. Maria Chappelle-Nadal, D-University City. The legislation would modify a number of provisions relating to law enforcement, including:

  • Requires the state to contract with a third party human rights organization whenever the governor declares a state of emergency in response to civil unrest;
  • Provides that a law enforcement officer may use deadly force only when he or she reasonably believes the suspect poses a clear danger to the officer or any other person;
  • Requires the Attorney General to appoint a special prosecutor to investigate incidents where a law enforcement officer uses deadly force or shoots and injures a person;
  • Requires law enforcement agencies in Missouri to be accredited by the Commission on Accreditation for Law Enforcement agencies by July 1, 2016;
  • Mandate that all law enforcement officers wear video cameras on their uniforms while on duty, and such recordings must be preserved for 30 days; and
  • Requires law enforcement officers on duty at protests to wear visible, accurate identification tags, and prohibits officers from hog tying or verbally abusing protesters, among other provisions.

The Senate Education Committee also met on Wednesday. The panel, chaired by Sen. Pearce, considered three pieces of legislation. Senate Bill 13, sponsored by Sen. Munzlinger, would change the membership and appointment process for the Career and Technical Education Advisory Council. Senate Bill 113, sponsored by Sen. Dixon, would update references to higher education statutes that have been previously repealed. Senate Bill 116, sponsored by Sen. Will Kraus, R-Lee’s Summit, would create an exemption from the proof of residency and domicile for school registration for students whose parents are stationed out of state.

The Ways and Means Committee held a hearing on Thursday morning, Feb. 5, to consider two bills. Senate Bill 73, sponsored by Sen. Jason Holsman, D-Kansas City, would reauthorize the Missouri Homestead Preservation tax credit program and modifies certain provisions relating to it. Senate Bill 77, sponsored by Sen. Scott Sifton, D-Afton, would also reauthorize the Missouri Homestead Preservation tax credit, which gives qualified seniors and 100 percent disabled individuals a credit on their real estate property tax  if those taxes increase 2.5 percent in a non-reassessment year or 5 percent in a reassessment year.

The 2015 legislative session runs until May 15. 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 2015 legislative session runs until May 15. 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:

  • 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 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.