Senators Spend Busy Week in Hearings and Debating on Floor

JEFFERSON CITY—Legislators spent the majority of their time during the second week of March vetting numerous bills in their respective Senate committees. Nearly every standing committee met this week to consider both legislation filed by members of the upper chamber and bills and resolutions finally making their way over from the House. In addition, legislators finalized a number of important pieces of legislation before adjourning for the week.

Senators Send Legislation to the House

The Missouri Senate spent extensive time on the floor this week debating a measure that addresses caps on non-economic damages in medical malpractice lawsuits, commonly referred to as tort reform. On Thursday, the upper chamber gave final approval to Senate Bill 239, sponsored by Sen. Dan Brown, R-Rolla.

The legislation would create a statutory cause of action for damages against health care providers for personal injury or death arising out of the rendering of or failure to render health care services. The bill also caps awards at $400,000 in non-economic damages for personal injury, no more than $700,000 in non-economic damages for a catastrophic personal injury, and no more than $700,000 in non-economic damages for death. These limitations shall increase by 1.7 percent each year, with the value calculated by the director of the Department of Insurance.

When a jury does return a verdict awarding noneconomic damages exceeding $400,000, and upon a post-trial motion, the trial court shall determine whether the limitations should apply. Senate Bill 239 was sent to the House by a vote of 28-2.

The first House bill was also passed out the Senate this week. House Bill 63, sponsored by Rep. Tony Dugger, R-Hartville, would exempt certain political races from provisions specifying how candidates shall be nominated. The legislation was approved with a vote of 27-3.
Senate Bill 19, sponsored by Sen. Will Kraus, R-Lee’s Summit, was third read and approved by a vote of 28-2. The measure would create a new method of allocating corporate income between states for tax purposes.

Senators gave final approval to legislation sponsored by Sen. Gina Walsh, D-Bellefontaine Neighbors, which would establish a Health Care Directives Registry in the state. If passed into law, the Department of Health and Senior Services would work with a contracted third party to create a securely stored online database that allows health care providers immediate access to a patient’s health care directives, such as power of attorney or a declaration signed by an adult declarant containing the person's direction concerning a health care decision. Senate Bill 122 was sent to the House by a vote of 30-0.

Senate Bill 67, sponsored by Sen. Mike Cunningham, R-Rogersville, was sent to the House by a vote of 27-3 on Thursday morning. The legislation would allow Howell County to collect a $10 surcharge in criminal and civil cases to be used for a municipal or county judicial facility.

Also among the measures given final approval on Thursday was Senate Bill 107, sponsored by Sen. David Sater, R-Cassville, which would authorize certain boards and commissions under the Division of Professional Registration to issue opinions for educational purposes and modifies laws relating to speech-language pathologists and audiologists. The bill was passed by a vote of 30-0.

Additionally, Thursday marked the deadline for lawmakers in the upper chamber to approve consent bills. These measures are considered non-controversial and can’t be amended. Consent bills approved by the Senate, all by unanimous votes, included:

• Senate Bill 276, sponsored by Sen. Walsh, would designate the third Thursday in November as the "Great American Smokeout Day”;
• Senate Bill 277, also sponsored by Sen. Walsh, would designate November as "Epilepsy Awareness Month";
• Senate Bill 211, sponsored by Sen. Walsh, would allow human trafficking victims to participate in the address confidentiality program administered by the secretary of state;
• Senate Bill 270, sponsored by Sen. Jamilah Nasheed, D-St. Louis, would add a charter school teacher or administrator as an additional member on the board of trustees of both the Kansas City and St. Louis Public School Retirement Systems;
• Senate Bill 282, sponsored by Sen. Mike Parson, R-Bolivar, would require insurers to mail notices cancelling, refusing to renew or refusing to issue automobile insurance policies through certain United States postal service methods;
• Senate Bill 156, also sponsored by Sen. Nasheed, would designate a portion of State Highway 115 in St. Louis City as the "Theodore McNeal Highway";
• Senate Bill 166, sponsored by Sen. Nasheed, would change the name of the "I Have a Dream" specialty license plate to the "Dare to Dream" specialty license plate; and
• Senate Bill 231, sponsored by Sen. Mike Kehoe, R-Jefferson City, would modify the type of fire extinguishers required for class two motorboats.

These measures now go to the House of Representatives for similar consideration. To see what bills are up for committee referrals, debate and third read motions, visit the Senate calendar by clicking here or visiting www.senate.mo.gov and clicking the “Senate” link under the “Calendars” tab.

Committees Consider Multiple Bills

On Monday, March 9, the Senate Judiciary and Civil and Criminal Jurisprudence Committee, chaired by Sen. Bob Dixon, R-Springfield, met in Senate Committee Room 1 at 2 p.m. The panel considered Senate Bill 176, sponsored by Sen. Eric Schmitt, R-Glendale. The legislation would make grammatical changes to a provision regarding municipal courts to align with revisions made in the criminal code overhaul bill from 2014. Members also took testimony on Senate Bill 91, sponsored by Sen. Dixon, which would extend the deadline by which the State Public Defender System must implement a plan to establish district offices that align with judicial circuit boundaries from Dec. 31, 2018, to Dec. 1, 2021.

The Financial and Governmental Organizations and Elections Committee, chaired by Sen. Jay Wasson, R-Nixa, also met Monday afternoon. Lawmakers on the panel considered a number of measures:

• Senate Bill 289, sponsored by Sen. Dave Schatz, R-Sullivan, would modify the law as it relates to vacancies in public office. Currently, when there is a vacancy in the office of County Commissioner, the governor is required to fill such vacancy with a person who resides in the district at the time of vacancy. Senate Bill 289 would change that process so that when there is less than one year remaining in the term, the vacancy is appointed by the governor, and if there is more than one year remaining, the governor issues a writ of election and the vacancy is filled at the next available election;
• Senate Bill 338, sponsored by Sen. Brian Munzlinger, R-Williamstown, would modify provisions relating to the election of political party committees;
• Senate Bill 363, sponsored by Sen. Parson, would create the Board of Administrative Appeals. Any person aggrieved in a contested case before a government agency may file an appeal with the Board of Administrative Appeals and is entitled to a hearing after exhausting all other administrative remedies. Decisions rendered by the Board are binding and subject to judicial review;
• Senate Bill 400, sponsored by Sen. Bob Onder, R-Lake St. Louis, would provide that the state shall not require maintenance of licensure or any form of specialty medical board certification to practice medicine; and
• Senate Bill 411, sponsored by Sen. Brown, would remove provisions of law stating that the State Board of Registration for the Healing Arts shall not issue physician or surgeon's licenses or administer the Missouri state board examination to anyone who has failed to achieve a passing score on licensing examinations within three attempts, and also removes the requirement that steps one, two and three of the United States Medical Licensing Examination must be taken within a seven-year period with no more than three attempts on any step of the exam.

On Tuesday, March 10, the Senate Rules, Joint Rules, Resolutions and Ethics Committee, chaired by Majority Floor Leader Ron Richard, R-Joplin, convened to consider various concurrent resolutions and one measure:

• Senate Concurrent Resolution 20, sponsored by Sen. Ed Emery, R-Lamar, which would urge the United State Congress to propose the Regulation Freedom Amendment to the U.S. Constitution;
• Senate Concurrent Resolution 26, sponsored by Senate President Pro Tem Tom Dempsey, R-St. Charles, which would create the Human Trafficking Task Force;
• Senate Concurrent Resolution 29, sponsored by Sen. Onder, which would urge the president and Congress to repeal the federal excise tax on medical devices;
• Senate Concurrent Resolution 30, sponsored by Sen. Kehoe, which would condemn certain California laws relating to shelled eggs and calls upon the Legislature and the voters of California to repeal such laws;
• House Concurrent Resolution 12, sponsored by Rep. Mike Cierpiot, R-Lee’s Summit, which would encourage the State Attorney General to join a lawsuit against President Barack Obama's immigration policies currently underway in Texas;
• House Concurrent Resolution 15, sponsored by Rep. Shane Roden, R-Cedar Hill, which would call upon President Obama to support the TransCanada Keystone XL pipeline and the permitting for oil production off the northern coast of Alaska;
• House Concurrent Resolution 21, sponsored by Rep. Rocky Miller, R-Lake Ozark, which would urge the Environmental Protection Agency and the U.S. Army Corps of Engineers to withdraw their proposed rule expanding the definition of "waters of the United States"; and
• Senate Bill 433, sponsored by Sen. Dixon, would adopt the Compact for a Balanced Budget.

The Seniors, Families and Children Committee, chaired by Sen. Sater, also gathered Tuesday morning to consider Senate Bill 427, sponsored by Sen. Scott Sifton, D-Affton. The legislation would mandate the establishment of safe sleeping protocols in child care facilities providing care for children less than one year of age.

Following the adjournment of the Senate’s morning session on Tuesday, multiple committees met. The Judiciary and Civil and Criminal Jurisprudence Committee met again on Tuesday afternoon to hear public testimony on numerous legislative measures:

• Senate Bill 340, sponsored by Sen. David Pearce, R-Warrensburg, would change an intersectional reference in a provision of law regarding the determination of heirship;
• Senate Bill 192, sponsored by Sen. Munzlinger, would modify provisions of law relating to products liability claims;
• Senate Bill 234, sponsored by Sen. Kehoe, would modify mandated reporting requirements for sexual assault victims in long-term care facilities;
• Senate Bill 321, sponsored by Sen. Dan Hegeman, R-Cosby, would create the office of unlawful contact with a victim of a sexual offense;
• Senate Bill 76, sponsored by Sen. Sifton, would require every individual who is 17 years old or older and arrested for any felony offense to provide a biological sample for DNA profiling;
• Senate Bill 352, sponsored by Sen. Kurt Schaefer, R-Columbia, also known as the Missouri Criminal Enterprise Act, would allow the Attorney General to institute civil and criminal proceedings relating to criminal enterprises and racketeering;
• Senate Bill 303, sponsored by Sen. Joseph Keaveny, D-St. Louis, would require law enforcement agencies to develop certain policies for eyewitness identification procedures; and
• Senate Bill 304, also sponsored by Sen. Keaveny, would modify provisions relating to custodial interrogations of criminal suspects.

The Small Business, Insurance and Industry Committee, chaired by Sen. Parson, met Tuesday afternoon to consider three measures. Senate Bill 127, sponsored by Sen. Brown, would bar employers from requiring employees to engage in or cease engaging in certain labor practices; Senate Bill 153, sponsored by Sen. Wayne Wallingford, R-Cape Girardeau, 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; and Senate Bill 354, sponsored by Sen. Sater, would require health insurance companies to provide coverage for amino acid-based elemental formulas under certain circumstances.

The Progress and Development Committee, chaired by Sen. Keaveny, also met Tuesday. Members of the panel considered Senate Bill 360, sponsored by Sen. Parson, which would establish the Civil Litigation Funding Act.
Additionally, the Commerce, Consumer Protection, Energy and Environment Committee, chaired by Sen. Kehoe, met Tuesday afternoon to consider two bills:

• Senate Bill 409, sponsored by Sen. Wallingford, would modify provisions relating to emergencies; and
• Senate Bill 403, sponsored by Sen. Kehoe, would modify provisions relating to ratemaking for gas corporations.

The Senate Transportation, Infrastructure and Public Safety Committee, chaired by Sen. Doug Libla, R-Poplar Bluff, convened early Wednesday, March 11, to consider numerous pieces of legislation, including:

• House Bill 524, sponsored by Rep. Dugger, would allow the Director of the Department of Revenue to adopt rules and regulations allowing specified motor vehicle or trailer lienholders to electronically release a lien;
• Senate Bill 371, sponsored by Sen. Munzlinger, would repeal a section relating to the expiration date of economic subsidies for Missouri qualified fuel ethanol producers;
• Senate Bill 446, sponsored by Sen. Jill Schupp, D-Creve Couer, would remove the additional fee equal to the fee charged for personalized license plates for subsequent sets of special Purple Heart license plates;
• 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 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; and
• Senate Bill 408, also sponsored by Sen. Libla, would modify provisions relating to the licensing and commissioning of corporate security advisors by the Department of Public Safety.

After the Senate adjourned for its morning session on Wednesday, the Jobs, Economic Development and Local Government Committee, chaired by Sen. Schmitt, convened to consider:

• Senate Bill 268, sponsored by Sen. Pearce, which would modify the Science, Technology, Engineering and Mathematics Fund and creates the Economic-Education Partnership Act;
• Senate Bill 401, sponsored by Sen. Schmitt, which would authorize sites containing former automobile manufacturing plants in St. Louis County to qualify for State Supplemental Tax Increment Financing;
• Senate Bill 430, sponsored by Shalonn “Kiki” Curls, D-Kansas City, which would require cities, towns, and villages proposing to annex a portion of a state highway to also annex a specified portion of the area on either side of the highway; and
• Senate Bill 461, sponsored by Sen. Paul Wieland, R-Imperial, which would authorize any Missouri port authority to establish an Advanced Industrial Manufacturing Zone for the development or redevelopment of certain structures.

The Agriculture, Food Production and Outdoor Resources Committee, chaired by Sen. Munzlinger, also met at the same time on Wednesday. The panel considered Senate Bill 469, sponsored by Sen. Munzlinger, which would repeal the Advisory Council to the Director of the Missouri Agriculture Experiment Station and establishes the Fertilizer Control Board; and Senate Bill 332, sponsored by Sen. Nasheed, which would establish the Missouri Senior Farmers’ Market Nutrition Program.

The Education Committee, chaired by Sen. Pearce, rounded out Wednesday’s committee hearings. The panel met to consider Senate Bill 334, sponsored by Sen. Nasheed, which 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 366, sponsored by Sen. Schmitt, which would modify provisions of the Missouri higher education savings program; Senate Bill 473, sponsored by Sen. Rob Schaaf, R-St. Joseph, would make several modifications to the St. Joseph School District School Board; and House Bill 42, sponsored by Rep. David Wood, R-Versailles, which would establish a system of school accreditation by building rather than by district and establishes standards for student transfers.

The Ways and Means Committee, sponsored by Sen. Kraus, met Thursday morning at 8:30 a.m. in Senate Committee Room 1. Members of the panel considered:

• Senate Bill 350, sponsored by Sen. Schaefer, would specify when interest begins to accrue on tax refunds and requires the Department of Revenue to deposit payments within 2 days;
• Senate Bill 442, also sponsored by Sen. Schaefer, would modify the composition of tax increment financing commissions in Boone County;
• Senate Bill 374, sponsored by Sen. Schatz, would create an income tax deduction for payments received as part of a program that compensates agricultural producers for certain losses; and
• Senate Bill 377, also sponsored by Sen. Schatz, would create an exemption for sales of aircraft to nonresidents.

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.