JEFFERSON CITY—Now that the General Assembly is nearly three weeks into the interim, the focus has shifted to one of the final steps in the legislative process: the governor’s signature.
Last Friday (5/29), the General Assembly convened for a technical session to officially send all of the passed 2009 bills to the governor’s desk for his signature. The governor has until July 14 to either sign or veto each bill; if he doesn’t lend his signature to any piece of legislation by the deadline, it automatically becomes law.
Every bill the governor vetoes is sent back to the sponsoring chamber with his objections. The governor’s vetoes, if any, will be considered by the Legislature when it reconvenes for veto session in mid-September. If lawmakers decide to try to override a veto, it will be put to a vote. To overturn a governor’s veto, a two-thirds majority vote in both chambers is required.
Most of the passed bills that are signed by the governor become law on August 28, though some contain “emergency clauses” that had to be approved separately from the legislation. Any bill or provision attached to an emergency clause may take effect immediately upon receiving the governor’s signature (or at another specified date).
This week the governor signed House Bill 191 , the Legislature’s comprehensive economic development measure. The legislation, handled in the Senate by Sen. John Griesheimer (R-Washington), is a bipartisan agreement designed to get Missourians back to work while boosting the state’s economy.
The bill contains several provisions designed to create jobs and spur economic development while at the same time implementing tax credit changes. A major component of the legislation calls for increasing the annual cap on the Quality Jobs program from $60 to $80 million. Businesses creating jobs that pay above county average wages and offer certain health care benefits to their employees are eligible for Quality Jobs tax credits.
Tax credit reform is also a large component of the bill, which contains a provision that limits the amount of tax credits the Missouri Development Finance Board can issue in a calendar year without outside approval at $10 million, while instituting a hard cap of $25 million, regardless of approval. House Bill 191 also caps historic preservation tax credits at $140 million, though smaller projects (those receiving less than $275,000 in tax credits) are not included in the cap amount. Finally, tax credit recipients will be required to report any jobs created resulting from the use of tax credits. Tax credit information must be made available to the public on the Missouri Department of Economic Development’s website and through the Missouri Accountability Portal .
The governor also signed House Bill 93 this week, which was handled in the Senate by Sen. Frank Barnitz (D-Lake Spring). The measure allows tractors participating in parades for fund-raising purposes and other special events to be exempt from certain height, width and length requirements.
One bill that awaits the governor’s signature is HB 481 , handled by Sen. Jim Lembke (R-St. Louis). This omnibus civil measure contains numerous provisions relating to Missouri’s courts. For instance, one proposed change prohibits targeting motorcycle riders as negligent solely because they are operating a motorcycle. This legislation provides that operating a motorcycle, in and of itself, cannot be considered evidence of comparative negligence. Also, insurers, when investigating an accident or settling an automobile insurance policy claim, may assign a percentage of fault to a party based upon the sole fact that the party was operating a motorcycle in an otherwise legal manner. A violation of this provision would be considered an unfair trade practice.
The bill also helps protect public entities and employees from frivolous lawsuits by adding claims—within the scope of the Missouri Human Rights Act—to which public entities are protected against punitive or exemplary damages. It specifies that an officer or employee of a public entity is also protected when the claim is in connection with his or her official duties on the entity’s behalf.
Other provisions in the bill include:
- Allowing a judge to take any reasonable action necessary to prevent an international abduction of a child by a parent.
- Changing corporate registration report filing requirements.
- Repealing provisions allowing a statute of limitation to apply to a Missouri resident who moves out of the state.
- Changing when an eviction proceeding can begin from when the rent is six months past due to when it is 30 days past due.
- Removing the provision that allows a deposition prepared by an uncertified court reporter to be used to give testimony in any court under certain circumstances.
- Changing the standard for finding that a person is a sexually violent predator for DNA sampling purposes from beyond a reasonable doubt to by a strong showing of the evidence.
- Expanding the types of civil and criminal proceedings for which video conferencing can be used.
- Changing provisions regarding the requirements for all public advertisements and publication orders regarding foreclosure notices.
- Allowing county clerks to remove the county surveyor position from election ballots if no qualified and certified candidate has registered for the election.
Another court-related measure awaits the governor’s signature. Senate Bill 140 , sponsored by Sen. Jeff Smith (D-St. Louis), allows non-violent defendants in criminal non-support cases to receive education, vocational training, a work program assignment and/or substance abuse treatment, in an effort to encourage them to resume their child support payments. Successful completion of these court-ordered programs or resuming support payments may reduce or dismiss the charges or penalties against the defendant.
Currently, the crime of criminal non-support is a class D felony if the person owes more than $5,000 or has failed to pay six months of payments within the last 12-month period. Under SB 140, the crime will be a class A misdemeanor unless the total payment due is in excess of 12 monthly payments combined, in which case, it will be a class D felony.
During any period that a nonviolent defendant is incarcerated for criminal non-support, the court, if the defendant is ready, willing, and able to be gainfully employed, may place the defendant on work release in order to satisfy the defendant's obligation to pay support.
A child protection bill is also ready to be signed by the governor. Currently, the penalty for forcible rape or sodomy of a child under the age of 12 is life imprisonment without eligibility for probation or parole until the person has served at least 30 years of the sentence. Under Senate Bill 36 , sponsored by Sen. Jack Goodman (R-Mt. Vernon), the penalty for these crimes is life imprisonment without ever being eligible for probation, parole or conditional release.
The Missouri Senate General Column is written on a regular basis. To follow these and other issues being addressed by the Missouri Senate, visit www.senate.mo.gov . Visitors can research legislation, learn more about their Senate district, and watch video or listen to audio highlights of the First Regular Session of the 95th General Assembly.
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