JEFFERSON CITY — The final gavel falls on the First Regular Session of the 98th General Assembly. In all, 55 Missouri Senate and 76 Missouri House measures were Truly Agreed to and Finally Passed. The executive branch has until July 14, 2015, to sign, veto or let legislation become law without his signature. Most of the measures have an effective date of Aug. 28, 2015, but some — with an emergency clause — would take effect upon the governor’s signature.

Lawmakers adjourned sine die — or without day, meaning without assigning a day for further meeting or hearing — on May 27, 2015. The Legislature will return to Jefferson City in September for the annual veto session.

Last week, we reviewed some of the major Missouri Senate bills to have been sent to the executive branch. This week, we look at some of the Missouri House Bills that were approved by both the Missouri Senate and House, and then sent to the governor.

Education

House Bill 42 is considered to have been one of the most important measures to see floor time this year. The proposal seeks to modify provisions relating to elementary and secondary education. The bill was handled in the upper chamber by Sen. David Pearce, R-Warrensburg, who also chairs the Senate Education Committee.

This bill addresses school accreditation. Instead of designating an entire school district as unaccredited, the Department of Elementary and Secondary Education will also accredit each school building individually. The bill also addressed student transfer options. If a student is enrolled in an unaccredited school and an unaccredited district, that student may transfer to an accredited school in that district. If there is no room, the student may apply to the education authority to transfer to an accredited school in another district in the same or adjoining county. The student could also transfer to an approved charter school. If a student is enrolled in an unaccredited school in districts in St. Louis City, Jackson County, St. Louis County or urban school districts, that student may transfer to an accredited school in the district.

Parents of students in unaccredited schools, unaccredited districts, provisionally accredited districts, Jackson County, St. Louis County or St. Louis City may enroll their student in a virtual school of the parents’ choice. A student must attend at least one semester within one of the districts listed above immediately prior to the virtual school enrollment.

If House Bill 42 were to become law, it would take effect immediately.

Small Business

Among the more historic and controversial proposals discussed by Missouri senators this year was House Bill 116 & 569, legislation that would bar employers from requiring employees to engage in or cease engaging in certain labor practices. Senator Dan Brown, R-Rolla, handled the measure in the Missouri Senate. He chairs the Senate Veterans’ Affairs and Health Committee.

Also known as “Right to Work,” this bill specifies that, except in instances when these provisions conflict with or are preempted by federal law, any person as a condition or continuation of employment cannot be required to: become or refrain from becoming a member of a labor organization; pay dues, fees, assessments or other charges to a labor organization; or pay to any charity or third party any equivalent amount in lieu of dues, fees, assessments, or other charges required of a member of a labor organization.

Any agreement, understanding, or practice between a labor organization and an employer that violates the rights of employees as guaranteed under these provisions is declared to be unlawful, null and void and of no legal effect.

House Bill 116 & 569 would become law on Aug. 28, 2015.

A measure that was vetoed by the governor, but could be considered during veto session would modify the duration of unemployment compensation, the method to pay federal advances and raise the fund trigger causing contribution rate reductions.

House Bill 150 was handled in the upper chamber by Sen. Mike Kehoe, R-Jefferson City, who also chairs the Senate Commerce, Consumer Protection, Energy and the Environment Committee.

Currently, the maximum total amount of benefits any insured employee may receive during any benefit year must not exceed 20 times his or her weekly benefit amount, or 33 percent of his or her wage credits, whichever is less. This bill would repeal that provision and limit — beginning Jan. 1, 2016 — benefits during any benefit year, based on the unemployment rate.

The bill would revise the definition of "wages" as it applies to employment security laws to include termination pay and severance pay. The total amount of wages derived from severance pay, if paid in a lump sum, would be pro-rated on a weekly basis at the rate of pay received by the insured at the time of termination for the purposes of determining unemployment benefits eligibility.

Currently, when the average balance of the Unemployment Compensation Trust Fund is between $600 million and $750 million, an employer's contribution rate must be reduced by 7 percent for the following year. This proposal would change the amount to between $720 million and $870 million. Currently, when the average balance in the fund exceeds $750 million, an employer's contribution rate is reduced by 12 percent for the following year, unless the employer's calculated contribution rate is 6 percent or greater, in which case the reduction may be no more than 10 percent. The bill seeks to change the amount to $870 million.

If Missouri senators were to override the veto of House Bill 150 during the September veto session, the measure would take effect the following month.

Appropriations

Another major piece of legislation relating to taxes is House Bill 384, a measure that will modify provisions relating to taxation. The proposal, also referred to as the “tax amnesty” bill, was signed into law by the executive branch on April 27, 2015.

The measure seeks to authorize an amnesty from the assessment or payment of all penalties, additions to tax and interest on delinquencies of unpaid taxes administered by the Missouri Department of Revenue (DOR), which occurred on or prior to Dec. 31, 2014. The amnesty must not extend to any taxpayer who at the time of payment is a party to any civil or criminal litigation that is pending for nonpayment, delinquency or fraud regarding any tax imposed by this state. A taxpayer must apply for amnesty; pay the unpaid taxes in full from Sept. 1, 2015, to Nov. 30, 2015; and agree to comply with state tax laws for the next eight years from the date of the agreement. If a taxpayer is granted amnesty, he or she will not be eligible to participate in any future amnesty for the same type of tax. All tax payments received from the tax amnesty program must be deposited into the newly created Tax Amnesty Fund for specified expenses and any excess fund must be deposited into the General Revenue Fund unless otherwise earmarked by the Missouri Constitution.

The bill creates the Tax Amnesty Fund, which consists of money received from the tax amnesty program. The funds will be used for reimbursement to health care providers and to expand dental coverage under MO Health Net as specified in the bill. These provisions will expire Dec. 31, 2023.

The bill repeals the provisions regarding the Office of Taxpayers' Ombudsman and creates the Office of Taxpayer Advocate. The taxpayer advocate will serve a six-year term. The advocate must report to the General Assembly and the governor regarding cases handled and recommendations concerning tax laws on an annual basis. The bill provides for taxpayers to have the right to fair and consistent application of Missouri tax laws by DOR.

House Bill 384 contains an emergency clause and took effect upon its signing into law.

Seniors, Families and Children

House Bill 501 would require course materials relating to sexual education to contain information regarding sexual predators, online predators and the consequences of inappropriate text messaging. The measure was handled in the Missouri Senate by Sen. Brown.

This bill seeks to require any course materials and instruction relating to human sexuality and sexually transmitted diseases in a public or charter school to teach students about the dangers of sexual predators, including on-line predators. Pupils would also have to be taught how to behave responsibly and remain safe on the Internet and the importance of having open communication with responsible adults and reporting any inappropriate situation, activity or abuse. Any course materials and instruction would also be required to teach pupils about the consequences, both personal and legal, of inappropriate text messaging — even among friends.

House Bill 501 would take effect on Aug. 28, 2015.

General Laws

House Bill 859 would designate April 15 of each year as "Jackie Robinson Day" in Missouri. The legislation was handled in the Missouri Senate by Sen. Shalonn “Kiki” Curls, D-Kansas City.

If it becomes law, this would make April 15 of each year "Jackie Robinson Day" in Missouri and encourage citizens to observe the day in honor of Jackie Robinson, the first African-American to play major league baseball.

Robinson’s Missouri connection comes in the form of having played for the Kansas City Monarchs, in 1945, before breaking professional baseball’s color barrier two years later.

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 monthly, starting in June. 

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.