Floor Debate Becomes a Bigger Part of Session

As lawmakers begin the second half of the First Regular Session of the 98th General Assembly, more time is spent debating legislation on the floor of the Missouri Senate. At the same time, committee hearings also continue, with more measures from the Missouri House of Representatives getting time in any one of the 18 committees in the upper chamber.  

Senators Send Legislation to the Executive Branch

This week, Missouri senators Truly Agreed and Finally Passed two measures relating to agriculture:

Senate Bill 12, sponsored by Sen. Brian Munzlinger, R-Williamstown, is a revamped version of an omnibus agricultural bill from 2014, minus language addressing captive cervids in Missouri, or reclassifying deer as livestock. The measure modifies a number of provisions relating to agriculture, including: urban agricultural zones, beef commodity merchandising programs, the Missouri Livestock Marketing Law, certified commercial pesticide applicators, weight limitations on vehicles hauling milk and livestock, fuel labeling, foreign ownership of agricultural land, and livestock activity waiver of liability; and

House Bill 259, sponsored by Rep. Bill Reiboldt, R-Neosho, would establish the Missouri Dairy Revitalization Act of 2015 and was handled in the Missouri Senate by Sen. Munzlinger. In its main provisions, the bill:

• Requires the University of Missouri to conduct research annually on the estimated states sales tax revenue generated from the sales of dairy products. Such sales tax revenue shall be provided to the Department of Agriculture. Further, the act creates the Missouri Dairy Industry Revitalization Fund. General revenue appropriated to the Fund shall be expended as set forth in this act;
• Requires the Department of Agriculture to establish a dairy producer insurance premium assistance program for producers who participate in the federal margin protection program for dairy producers. Participating producers shall be reimbursed for 70 percent of their federal premium payment;
• Requires the University of Missouri and MASBDA to provide risk management training for Missouri dairy producers annually;
• Establishes the Missouri Dairy Scholars Program, which shall make available 80 scholarships at $5,000 each toward tuition at any college or university in Missouri for students in agriculture-related degree programs who make a commitment to work in Missouri's agriculture industry; and
• Requires the University of Missouri's Commercial Agriculture Program to conduct an annual study of the dairy industry and develop a plan for increasing dairy industries in Missouri. The plan shall be delivered to certain members of the General Assembly as set forth in this act.  

Also on their way to the governor’s desk are two resolutions: Senate Concurrent Resolution 1, sponsored by Sen. Jamilah Nasheed, D-St. Louis, which designates January as Sex Trafficking Awareness Month in Missouri; and Senate Concurrent Resolution 4, sponsored by Sen. Gina Walsh, D-Bellefontaine Neighbors, which recognizes every Sept. 26 as Mesothelioma Awareness Day.

House Approves Senate Measures

On Thursday, April 2, the Missouri House of Representatives passed a key proposal of the 2015 legislative session. Senate Bill 11, sponsored by Senate Majority Floor Leader Ron Richard, R-Joplin, has been amended and seeks to modify the law relating to the ethical behavior of public officials and lobbyists. The bill now returns to the upper chamber.

Senators Send Bills to the House

• Senate Bill 63, sponsored by Sen. David Sater, R-Cassville, would establish a Prescription Drug Monitoring Program;
• Senate Bill 93, sponsored by Sen. Ed Emery, R-Lamar, would create the Campus Free Expression Act to protect free expression on the campuses of public institutions of higher education;
• Senate Bill 109, sponsored by Sen. Kurt Schaefer, R-Columbia, would modify provisions of law regarding claims against public higher education institutions covered by the State Legal Expense Fund;
• Senate Bill 146, sponsored by Sen. David Pearce, R-Warrensburg, would modify provisions of law relating to licensing and certification for speech-language pathologists and audiologists;
• Senate Bill 254, sponsored by Sen. Will Kraus, R-Lee’s Summit, would change the fund contribution necessary to receive a "God Bless America" motor vehicle license plate;
• Senate Bill 272, sponsored by Sen. Jeanie Riddle, R-Callaway County, would change the laws regarding motor vehicle height and weight limits in certain city commercial zones;
• Senate Bill 300, sponsored by Sen. Ryan Silvey, R-Kansas City, would modify provisions relating to the Police Retirement System of Kansas City and the Civilian Employees' Retirement System of the Police Department of Kansas City;
• Senate Bill 315, sponsored by Sen. Bob Dixon, R-Springfield, would modify provisions relating to urban school districts;
• Senate Bill 316, sponsored by Sen. Dan Brown, R-Rolla, would create requirements for co-payments and notice of insurance coverage for occupational therapy;
• Senate Bill 318, sponsored by Sen. Mike Cunningham, R-Rogersville, would designate the "Billy Yates Highway" in Ripley County;
• Senate Bill 322, sponsored by Senate President Pro Tem Tom Dempsey, R-St. Charles, would raise the MO HealthNet asset limits for disabled persons;
• Senate Bill 340, sponsored by Sen. Pearce, would change an intersectional reference in a provision of law regarding the determination of heirship;
• Senate Bill 345, sponsored by Sen. Jay Wasson, R-Nixa, would increase fees imposed by the director of the Division of Finance;
• Senate Bill 380, sponsored by Sen. Paul Wieland, R-Imperial, would establish a committee to assess the continuation of the “Money Follows the Person” Demonstration Program;
• Senate Bill 426, sponsored by Sen. Parson, would allow community mental health liaisons to access specified confidential records maintained by specified institutions;
• Senate Bill 446, sponsored by Sen. Jill Schupp, D-Creve Coeur, would remove additional fees equal to the fee charged for personalized license plates for subsequent sets of special Purple Heart license plates;
• Senate Bill 458, sponsored by Sen. Sater, would modify laws regarding the renewal of licenses issued by the Board of Pharmacy;
• Senate Bill 473, sponsored by Sen. Rob Schaaf, R-St. Joseph, would modify provisions relating to urban school districts; and
• Senate Bill 499, sponsored by Sen. Wasson, would modify laws regarding professional land surveyors.

Committees Consider Multiple Bills

Monday, March 30, the Financial and Governmental Organizations and Elections Committee, chaired by Sen. Wasson, met to hear several measures:

• Senate Bill 454, sponsored by Sen. Paul LeVota, D-Independence, would modify the membership of the county political party committees in Jackson County;
• Senate Bill 495, sponsored by Sen. Dan Hegeman, R-Cosby, would require candidates for public administrator to provide an affidavit stating that the candidate meets the bonding requirements;
• Senate Bill 523, sponsored by Sen. Will Kraus, R-Lee’s Summit, would modify provisions relating to election challengers;
• Senate Joint Resolution 2, sponsored by Sen. Bob Dixon, R-Springfield, would change the procedures for the redistricting of the state Senate and House of Representatives districts;
• Senate Joint Resolution 10, sponsored by Sen. Sater, would modify the constitutional provisions relating to initiative petitions; and
• Senate Joint Resolution 14, sponsored by Sen. Dixon, would modify the gubernatorial appointment process.

The panel also voted “do pass” the following measures:

• Senate Bill 69, sponsored by Sen. LeVota, would modify the law relating to election authorities;
• Senate Bill 313, sponsored by Sen. Wayne Wallingford, R-Cape Girardeau, would modify the types of controlled substances that can be prescribed by advanced practice registered nurses; and
• Senate Bill 454, sponsored by Sen. LeVota, would modify the membership of the county political party committees in Jackson County.

On Tuesday, March 31, the Judiciary and Civil and Criminal Jurisprudence Committee, chaired by Sen. Dixon heard several measures, including:

• Senate Bill 235, sponsored by Sen. Dixon, would repeal a provision of law allowing attorneys in criminal cases to fax or mail their notice of entry of appearance;
• Senate Bill 246, sponsored by Sen. Hegeman, would mandate that judges must disqualify themselves from hearing a proceeding in certain situations;
• Senate Bill 382, sponsored by Sen. Dixon, would modify provisions relating to procedures in criminal proceedings;
• Senate Bill 459, sponsored by Sen. Doug Libla, R-Poplar Bluff, would modify rulemaking procedures for rules which affect businesses;
• Senate Bill 481, sponsored by Sen. Bob Onder, R-Lake St. Louis, would modify laws regarding qualified spousal trusts;
• Senate Bill 532, sponsored by Sen. Riddle, would allow the presiding judge of certain circuits to appoint a circuit court marshal;
• Senate Bill 561, sponsored by Sen. Wasson, would allow certain offenses to be prosecuted in the county in which the victim resides or conducts business or where stolen property was located; and
• Senate Bill 567, sponsored by Sen. Maria Chappelle-Nadal, D-University City, would provide that a person shall be liable for depriving another of a Missouri Constitutional right while acting under the color of law.

The panel also voted “do pass” the following measure:

• Senate Bill 352, sponsored by Sen. Schaefer, which would allow the attorney general to institute civil and criminal proceedings relating to criminal enterprises and racketeering.

Tuesday also saw the Rules, Joint Rules, Resolutions and Ethics Committee, chaired by Sen. Richard, voted “do pass” on the following measures:

• Senate Concurrent Resolution 20, sponsored by Sen. Emery, urges the United States Congress to propose the Regulation Freedom Amendment to the U.S. Constitution; and
• Senate Concurrent Resolution 21, sponsored by Sen. Dixon, would apply to Congress for the calling of a convention to propose certain amendments to the United States Constitution which place limits on the federal government.

Also on Tuesday, the Commerce, Consumer Protection, Energy and the Environment Committee, chaired by Sen. Mike Kehoe, R-Jefferson City, heard several pieces of legislation:

• Senate Bill 47, sponsored by Sen. Jason Holsman, D-Kansas City, would prohibit planned communities from barring the installation of solar energy systems;
• Senate Bill 249, sponsored by Sen. Holsman, would repeal exceptions to the duty of scrap metal operators to obtain certificates of title for certain inoperable vehicles;
• Senate Bill 522, sponsored by Sen. Kehoe, would modify the measurement of damages in civil actions for trespass or expanded use of an easement against a rural electric cooperative; and
• House Bill 92, sponsored by Rep. Rocky Miller, R-Osage Beach, would modify the definition of "waters of the state."

Also Tuesday, the Small Business, Insurance and Industry Committee, chaired by Sen. Parson, heard:

• Senate Bill 153, sponsored by Sen. Wallingford, would provide that a managed care plan's network is adequate if the health carrier is accredited by the Accreditation Association for Ambulatory Health Care;
• Senate Bill 432, sponsored by Sen. Onder, would add requirements for health benefit plan rate release;
• Senate Bill 448, sponsored by Sen. Wieland, would modify the laws relating to the assignment of liability in contracts for construction work;
• Senate Bill 476, sponsored by Sen. Kehoe, would modify provisions relating to the Department of Natural Resources;
• Senate Bill 477, sponsored by Sen. Wallingford, would modify the law relating to lien waivers;
• Senate Bill 528, sponsored by Sen. Sater, would require health carriers or managed care plans to offer medication synchronization services;
• House Bill 50, sponsored by Rep. Don Gosen, R-Ballwin, would change the requirements for disclosure of information regarding insurance holding companies; and
• House Bill 391, sponsored by Rep. Gosen, would require insurers to mail notices cancelling, refusing to renew, or refusing to issue automobile insurance policies through certain United States postal service methods.

The panel also voted “do pass” the following measures:

• Senate Bill 406, sponsored by Sen. Munzlinger, would modify the law relating to unemployment compensation benefits;
• Senate Bill 470, sponsored by Sen. Parson, would allow a refund of a portion of expense savings to an insured entity under certain circumstances; and
• House Bill 150, would modify the duration of unemployment compensation, the method to pay federal advances, and raises the fund trigger causing contribution rate reductions.

Wednesday, April 1, the Transportation, Infrastructure and Public Safety Committee, chaired by Sen. Libla, heard testimony on:

• Senate Bill 196, sponsored by Sen. Schaaf, would ban the use of automated license plate reader systems and automated traffic enforcement systems and restricts storage and use as evidence of data collected prior to enactment;
• Senate Bill 344, sponsored by Sen. Wasson, which would modify regulation of auto cycle operators and exempts such operators from using protective headgear;
• Senate Bill 370, sponsored by Sen. Munzlinger, would regulate the use of automated traffic enforcement systems to enforce speed limits; and
• House Bill 562, sponsored by Rep. Charlie Davis, R-Webb City, would modify regulation of auto cycle operators and exempt such operators from using protective headgear.

The panel also voted “do pass” the following measures:

• Senate Bill 232, sponsored by Sen. Kehoe, would create additional requirements for tow truck businesses and penalties for tow trucks responding to accidents in violation of the provisions of the act;
• Senate Bill 297, sponsored by Sen. Holsman, would create the Civil Disaster Response Corps;
• Senate Bill 317, sponsored by Sen. Brown, would allow the governor to convey properties located in Pulaski County, Christian County, St. Charles County, and St. Louis County to the State Highways and Transportation Commission;
• Senate Bill 355, sponsored by Sen. Brown, would require certain employees of the Department of Corrections to receive hazardous duty pay;
• Senate Bill 373, sponsored by Sen. Libla, would create the Division of Alcohol and Tobacco Control Fund for the enforcement of liquor and tobacco laws and directs fees from liquor licenses and permits to the fund;
• Senate Bill 408, sponsored by Sen. Libla, would modify provisions relating to the licensing and commissioning of corporate security advisors by the Department of Public Safety;
• Senate Bill 474, sponsored by Sen. Wallingford, would expand the Heroes Way Interchange Designation Program; and
• Senate Bill 540, sponsored by Sen. Libla, which would raise the tax on motor fuel by six cents per gallon over a period of years and adjust it annually for inflation.

Also on Wednesday, the Jobs, Economic Development and Local Government Committee, chaired by Sen. Eric Schmitt, R-Glendale, heard:

• Senate Bill 207, sponsored by Sen. Pearce, would authorize an employer to retain an employee's withholding tax for five years, if the employee has graduated with a STEM degree from a Missouri Innovation Campus;
• Senate Bill 436, sponsored by Sen. Walsh, would modify a provision relating to electrical contractor licenses issued by political subdivisions; and
• Senate Bill 539, sponsored by Sen. Brown, would allow the county commission, or a county officer designated by the county commission, to take or process applications for passports or their renewal.

The panel also voted “do pass” the following measure:

• House Bill 125, sponsored by Rep. Black, would modify the membership requirements for certain industrial development corporations formed by certain municipalities.

Wednesday also saw the Agriculture, Food Production and Outdoor Resources Committee, chaired by Sen. Munzlinger, hear:

• Senate Bill 54, sponsored by Sen. Munzlinger, would prohibit certain types of nuisance actions from being brought when the property owner has a government issued permit;
• Senate Bill 55, sponsored by Sen. Munzlinger, would modify the definition of livestock by changing the word "buffalo" to "bison"; and
• Senate Bill 557, sponsored by Sen. LeVota, would require the Department of Conservation to reimburse any automobile owner up to $500 for damages sustained to an automobile due to hitting or being hit by a deer.

The panel also voted “do pass” the following measures:

• Senate Bill 255, sponsored by Sen. Schaaf, would allow those licensed by the Department of Agriculture to grow and handle industrial hemp and create the crime of unlicensed industrial hemp production;
• Senate Bill 324, sponsored by Sen. Munzlinger, would modify the definition of property as it is used in provisions of law regarding certain private nuisance actions;
• Senate Bill 332, sponsored by Sen. Nasheed, would establish the Missouri Senior Farmers' Market Nutrition Program; and
• Senate Bill 500, sponsored by Sen. Riddle, would modify provisions relating to honey.

The Education Committee, chaired by Sen. Pearce, also met on Wednesday:

• Senate Bill 71, sponsored by Sen. LeVota, would require the Department of Higher Education to establish a reimbursement procedure through the A+ Program for a student's portion of fees for dual credit courses.

The panel also voted “do pass” the following measures:

• Senate Bill 334, sponsored by Sen. Nasheed, would modify provisions relating to the boards of regents of state colleges and universities and broadens the degree-granting authority of Harris-Stowe State University;
• Senate Bill 365, sponsored by Sen. Schmitt, would modify provisions relating to students with special needs; and
• Senate Joint Resolution 12, sponsored by Sen. Onder, which proposes a constitutional amendment guaranteeing parents the fundamental right to control the education of their minor children.

Thursday, April 2, the Veterans' Affairs and Health Committee, chaired by Sen. Brown, met to hear:

• Senate Bill 496, sponsored by Sen. Hegeman, would establish the Missouri Palliative Care and Quality of Life Interdisciplinary Advisory Council and the Palliative Care Consumer and Professional Information Education Program.

The panel also voted “do pass” the following measures:

• Senate Bill 325, sponsored by Sen. Sater, would delineate procedures to be used by pharmacy benefit managers with regards to maximum allowable cost lists;
• Senate Bill 466, sponsored by Sen. Schmitt, would require disclosure of life-sustaining treatment policies of health care facilities and prohibits denial of life-sustaining treatment or anatomical gifts under specified circumstances;
• Senate Bill 478, sponsored by Sen. Onder, would allow for direct primary health care services to be provided through a medical retainer agreement between the physician and patient; and
• Senate Bill 493, sponsored by Sen. Brown, would require public school students to pass a course in cardiopulmonary resuscitation and automated external defibrillators to receive a certificate of graduation.

Also on Thursday, the Ways and Means Committee, chaired by Sen. Kraus, heard:

• Senate Bill 462, sponsored by Sen. Schaefer, would create an income tax deduction for certain penalties assessed under the Affordable Care Act and paid on a federal return;
• Senate Bill 554, sponsored by Sen. Munzlinger, would specify that quarries and mining equipment will be assessed based on the previous year's production;
• Senate Bill 484, sponsored by Sen. Wieland, would allow taxpayers to deduct the full amount of costs associated with a search and rescue operation;
• Senate Bill 421, sponsored by Sen. Dixon, would modify ballot language for the public safety sales tax in Springfield; and
• Senate Bill 480, sponsored by Sen. Bob Onder, R-Lake St. Louis, would create a state sales and use tax exemption for utilities, equipment, and materials used to generate or transmit electricity.

The panel also voted “do pass” the following measures:

• Senate Bill 25, sponsored by Sen. Sater, would create a tax credit based on the number of the taxpayer's dependent children;
• Senate Bill 40, sponsored by Sen. LeVota, would authorize an earned income tax credit;
• Senate Bill 242, sponsored by Sen. Dixon, would allow Greene County, or any city within the county, to impose a sales tax, upon voter approval, to fund early childhood education;
• Senate Bill 374, sponsored by Sen. Dave Schatz, R-Sullivan, would create and income tax deduction for payments received as part of a program that compensates agricultural producers for certain losses;
• Senate Bill 420, sponsored by Sen. Schmitt, would provide for direct deposit of income tax refund to MOST accounts;
• Senate Bill 442, sponsored by Sen. Schaefer, would modify the composition of tax increment financing commissions in Boone County;
• Senate Bill 463, sponsored by Sen. Dixon, would extend the sunset on the Residential Treatment Agency Tax Credit and the Developmental Disability Care Provider Tax Credit to 2027; and
• Senate Bill 471, sponsored by Sen. Schaaf, which would expand the dependency exemption for income taxes to stillbirths.

In addition, the Appropriations Committee, chaired by Sen. Schaefer, continued to review the 13 bills that comprise the Fiscal Year 2016 state operating budget this week. Appropriations authorized in these bills provide proposed levels of funding for state obligations and programs. Upon completion, the full Senate will debate the budget. All House budget bills are sponsored by Rep. Tom Flanigan, R-Carthage:

• House Committee Substitute, House Bill 1 - Appropriates money to pay the state’s public debt;
• HCS HB 2 - Appropriates money for the State Board of Education and Department of Elementary and Secondary Education including the Foundation Formula;
• HCS HB 3 - Appropriates money for state colleges and universities through the Department of Higher Education;
• HCS HB 4 - Appropriates money for the Departments of Revenue and Transportation;
• HCS HB 5 - Appropriates money for the Office of Administration and for state employees fringe benefits;
• HCS HB 6 - Appropriates money for the Departments of Agriculture, Natural Resources, and Conservation;
• HCS HB 7 - Appropriates money for the departments of Economic Development; Insurance, Financial Institutions and Professional Registration; and Labor and Industrial Relations;
• HCS HB 8 - Appropriates money for the Department of Public Safety;
• HCS HB 9 - Appropriates money for the Department of Corrections;
• HCS HB 10 - Appropriates money for the Departments of Mental Health, and Health and Senior Services;
• HCS HB 11 - Appropriates money for the Department of Social Services;
• HCS HB 12 - Appropriates money for statewide elected officials, the Judiciary, Office of the State Public Defender, and General Assembly; and
• HCS HB 13 - Appropriates money for real property leases and related services.

Lawmakers will be off on Monday, April 6, 2015, for Easter break and return to the Capitol the following day.

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.