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General Column – Week of March 24, 2008

Senate's Biodiesel Production, Child Protection Bills Move to House


Senate passes all-encompassing supplemental funding bills for fiscal year 2008


Jefferson City — The Missouri Senate is back to work after last week’s mid-session recess and its first order of business was to approve a wide variety of legislation.

A bill to relieve Missouri’s overextended public defender system was among those to receive final approval. Senate Bill 767, sponsored by Sen. Jack Goodman (R-Mt. Vernon), sets maximum caseload standards for public defenders. The measure also allows for the distribution of additional funds to the public defender system for the hiring of contract attorneys. If the number of cases surpasses the maximum caseload for the public defenders, excess cases would then be contracted to private counsel when funds are available.

The Senate gave a second vote to SB 714, an omnibus sex crimes bill, sponsored by Sen. John Loudon (R-Chesterfield) and Senate leader Mike Gibbons (R-Kirkwood), this week. Senate Bill 714 strengthens sex offender laws by expanding information included in the state’s sex offender registry, increasing the severity of charges for sex crimes or attempted sex crimes against children, and providing more buffers and protections for children from sexual predators. Sen. Brad Lager (R-Maryville) proposed an amendment to the bill that restricts the activity of sex offenders on Halloween. Sen. Chris Koster (D-Harrisonville) also introduced an amendment that closes a loophole in the current law that allows parental kidnappers to evade tough sentencing. Both amendments were approved.

Senate Bill 1116, sponsored by Sen. Rita Heard Days (D-St. Louis), was also given final approval this week. The initiative issues an additional $40 million in bonds for certain water-related grants and loans: $10 million in bonds for water pollution control, improvement of drinking water systems, and storm water control projects; $10 million in bonds for rural water and sewer grants and loans; and $20 million in bonds for grants and loans for storm water control in certain counties and St. Louis City.

A childcare bill sponsored by Sen. Charlie Shields (R-St. Joseph), received final approval as well. Senate Bill 726 creates a quality rating system for early childhood and before- and after-school programs and implements a quality rating system in addition to the current health and safety standards. The system would also provide a guideline to the state for awarding funding to the most qualified programs.

The biodiesel bill, SB 759, sponsored by Sen. Bill Stouffer (R-Napton) was given a second vote after extensive debate. Senate Bill 759 requires most diesel fuel sold in Missouri to contain a 5 percent biodiesel blend. To ensure the cost effectiveness of implementing the standard, the Missouri Department of Agriculture must first determine that the average price of biodiesel has been equal to or less than the average price of traditional diesel for a full year. This bill is similar to last year’s ethanol standard that went into effect Jan. 1, 2008, and requires most Missouri gasoline to contain a 10 percent ethanol blend.

Another bill to receive final approval was SB 822, sponsored by Sen. Wes Shoemyer (D-Clarence), which allows cities, towns, villages and counties to impose a property tax to fund cemetery maintenance. All of the bills that received final approval this week will move to the House for similar consideration.

Receiving first-round approval was SB 761, sponsored by Sen. Bill Stouffer (R-Napton). The comprehensive transportation bill requires motorists who are ordered to give up their driver's licenses to use special license plates. Police would be able to stop vehicles with these plates to check whether the driver is licensed. These special plates would be needed whenever someone on the vehicle’s title has had a driver's license suspended or revoked for more than 60 days. The omnibus bill also implements a memorial sign program for the victims of drunken driving accidents, creates a defense for people who run red lights if the traffic signal isn't working and prohibits inserting advertisements into mailings about renewing license plates.

Senate Joint Resolution 34, sponsored by Sen. Jason Crowell (R-Cape Girardeau) and Sen. Maida Coleman (D-St. Louis) received first-round approval as well. The measure creates an exception to the Missouri Constitution that prohibits laws from being applied retrospectively. The legislation requires that, upon voter approval, certain sex offender laws would apply retrospectively. One aspect of the bill requires sex offenders to comply with the state’s registry laws even if their offense took place prior to the registry laws taking initial effect in 1995. Any law restricting sex offenders from residing within a certain distance of a school or child-care facility or any law requiring felons to have a biological sample collected for purposes of DNA analysis would be applied retrospectively as well.

Senate Bill 967, sponsored by Sen. Rob Mayer (R-Dexter), would allow the Missouri Higher Education Loan Authority to be the originator of any federally guaranteed student loan. Currently, MOHELA — a secondary market that purchases student loans from lenders — is one of the only state-based student loan lending institutions in the country that does not originate, or serve as the original funding source for, federally-guaranteed Stafford loans. The bill received first-round approval from the full Senate.

Sen. Mike Gibbons introduced a resolution, SCR 37, this week on the floor that urged the U.S. Army Corps of Engineers not to implement an artificial "spring rise" of the Missouri River due to its risk of aggravating flooding problems for Missouri communities. Each March and May, the Army Corps of Engineers releases hundreds of thousands of gallons of water from an upstream dam into the Missouri River based on the recommendations from the U.S. Fish and Wildlife Service that the water addition is necessary for the survival of the pallid sturgeon, an endangered species.

Senate Bill 993, sponsored by Sen. Jason Crowell (R-Cape Girardeau), generated heated debate among lawmakers this week. The bill creates a tax credit for those who donate to a scholarship program that helps special needs children receive a quality education. Funding for the scholarship program would come entirely from charitable donations from Missouri taxpayers. Donors would be eligible to receive a tax credit for 80 percent of their donation, receiving a maximum of $800,000 per year.

Senate Bill 1244, sponsored by Sen. Frank Barnitz (D-Lake Spring), was passed by the Senate Economic Development, Tourism & Local Government Committee this week. The measure, designed to bring entrepreneurs to Missouri, creates the Entrepreneurial Development Council.  The council would consist of a seven-member panel comprised of business people and intellectual property experts and would have the authority to allocate money from a newly created fund to help pay the legal fees of entrepreneurs who allege violations of their patents.  The council also could allocate money from the fund to entrepreneurs who register with the council for the development, manufacture and advertising of new products.

The Senate passed the major supplemental budget bill of the session, House Bill 2014, this week. Each year the General Assembly considers funding needs that arise during the middle of the budget year and makes adjustments accordingly through an all-encompassing supplemental budget bill. The measure allocates additional funding to various state departments, agencies and programs for fiscal year 2008. Among those programs to receive additional funding are the Foundation Formula for K-12 education, and the Sheltered Workshop program, which provides employment within the private sector to people with disabilities.

To follow these and other issues facing the Missouri Senate, visit www.senate.mo.gov. Visitors can track legislation as it passes through the General Assembly, learn more about their Senate district, or listen to streaming audio of legislative debate as it happens.

The Missouri Senate will reconvene at 4 p.m. Monday, March 31. The Second Regular Session of the 94th Missouri General Assembly will run through Friday, May 16.

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