JEFFERSON CITY—With one week remaining until the constitutional budget deadline, the 10 members of the budget conference committee began working this week to negotiate a final 2010 fiscal year spending plan to present to both chambers.
Committee members are discussing House Bills 2–13, which are 12 of the 13 bills that allocate state spending for FY 2010 (HB 1 has already been passed). After the committee works out agreed versions of each bill, it will send them to the House, and then to the Senate, for final approval. The General Assembly has until 6 p.m. on May 8th to pass the budget.
In related news, the Senate Appropriations Committee this week passed HB 15 , a supplemental spending bill for FY 2009 that allocates some of the stimulus funds Missouri has received from the federal government. A significant portion of the $155.7 million spending bill is going to the Department of Natural Resources to promote energy efficiency ($26.5 million).
One of the most controversial measures of the session was brought to the floor on Wednesday. House Joint Resolution 10 , legislation that would propose changes to the state’s judicial selection process in the form of a constitutional amendment, was laid over before it could come to a vote. The resolution, handled by Sen. Jim Lembke (R-St. Louis), would ask Missourians to vote on whether to change the current selection process—called the Missouri Plan.
HJR 10 proposes a constitutional amendment that, if passed by voters, would increase the number of governor-appointed citizens serving on the judicial commission and the number of candidates nominated for vacancies. It would also give the governor the opportunity to veto the first slate of candidates presented by the commission. All commission members would need to be confirmed by the Senate.
These changes also include requiring the selection commission to open meetings to the public, provide advance public notice of any meetings, and make the list of judicial vacancy applicants available to the public.
Currently the commission consists of four lawyers (including the Supreme Court chief justice and three lawyers chosen by the Missouri Bar) and three citizens (chosen by the governor). The panel submits three finalists who the governor can choose from to fill the vacant spot. The resolution will need to pass both chambers in two weeks to appear on the ballot.
Senate Bills 140 and 141, both family-related measures sponsored by Sen. Jeff Smith (D-St. Louis), were sent to the governor this week after being passed by the General Assembly.
Senate Bill 140 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.
Also making a trip to the governor’s desk is Senate Bill 141 , which protects men from false paternity claims. The bill requires that a presumed father be notified of any civil proceedings used to determine paternity and informs him of his right to contest the presumption of paternity and request genetic testing.
In the event that DNA testing reveals false paternity, the court is required to relieve the individual of responsibility and set aside the previous judgment of paternity and his child support commitment. The court must also eliminate remaining child support payments, expunge any criminal non-support records, and order the Department of Health and Senior Services to modify the child’s birth certificate.
Passed by the Senate and returning to the House this week is House Bill 544 , handled by Sen. Jack Goodman (R-Mt. Vernon). The bill requires the Commissioner of Administration to continue to maintain the web-based Missouri Accountability Portal . The portal currently consists of a searchable database that documents state purchasing of goods and services, as well as a searchable database of state employees and their salaries, tax credit recipients and tax delinquents.
House Bill 544 would include the distribution of funds for state programs to show taxpayers how their tax dollars are spent. It would also require the governor to submit a daily report documenting all amounts withheld from the state's operating budget. The report must be posted on the portal website and be searchable by amounts withheld from each fund and by the total amount withheld from the operating budget.
Listen to the Senate Minute’s report on HB 544.
Also handled by Sen. Goodman and passed by the Senate was HB 205 , which requires that all cigarettes sold in the state of Missouri meet certain safety standards—primarily that they be “fire-safe.” Cigarettes employing fire-safe technology will self-extinguish after the fire reaches one of the thin bands at the end of the cigarette and it is not puffed by the smoker.
The Senate also passed an omnibus military measure and sent it back to the House for approval. House Bill 427 , handled by Sen. David Pearce (R-Warrensburg), addresses several issues relating to military members and veterans and their families. It includes allowing a dependent of a service man or woman who resides in the state and whose parent is assigned to a permanent duty station in Missouri to be eligible for in-state tuition at public colleges and universities.
It also adds four members to the Missouri Veterans Commission, two from the Senate and two from the House. In each chamber, one member would be chosen by majority leadership and one would be chosen by minority leadership.
Listen to the Senate Minute’s report on HB 427.
Senate Bill 526 , sponsored by Sen. Dan Clemens (R-Marshfield), was passed by the House this week. This timely legislation authorizes the state veterinarian to restrict the movement of animals or birds under investigation for carrying a toxin.
Senate Bill 34 , sponsored by Sen. Yvonne Wilson (D-Kansas City), was passed by the Senate Health, Mental Health, Seniors and Families Committee. The bill allows an individual who has a drug-related felony conviction to be eligible for food stamp benefits if the person successfully participates in or has satisfactorily completed a substance abuse treatment program or complies with all court-imposed obligations. The individual would be subject to random drug testing and would be permanently disqualified for food stamp benefits if tested positive for drugs.
Also sponsored by Sen. Wilson is SB 79 , which was passed by the House Elementary and Secondary Education Committee. The bill modifies the definition of "bullying" as used in anti-bullying policies that must be enacted by school districts. Under SB 79, the definition of "bullying" would include cyber-bullying and electronic communications.
An omnibus education bill, sponsored by Senate President Pro Tem Charlie Shields (R-St. Joseph), was passed by the House Elementary and Secondary Education Committee. Senate Bill 291 contains several provisions relating to education, such as creating the Missouri Senior Cadet Program, which would provide opportunities for 12th graders in public schools to mentor kindergarten through eighth grade students.
It would also establish the "P-20 Council" as a non-profit corporation on behalf of the state to create a more efficient and effective education system that would better prepare students for entering the workforce. Additionally, Sen. Shields’ bill creates the Persistence to Graduation Fund and would require the Department of Elementary and Secondary Education to establish a procedure for school districts to apply for grants to implement drop-out prevention strategies.
Several House bills were passed by the Senate Judiciary Committee this week. One was House Bill 46 , which changes the state’s informed consent requirements for obtaining an abortion and creates the crime of coercing an abortion. Also passed by the committee was the House’s version of the comprehensive crime bill, HB 62 . House Bill 152 was another measure to receive a passing committee vote. It expands the state’s DNA profiling system by requiring any person 17 years of age or older who is arrested (rather than convicted) for certain crimes to provide a DNA sample.
House Bill 258 was passed by the Senate Small Business, Insurance and Industry Committee. The bill would
increase the wage rate for tipped employees from the present rate of $3.52 to $3.63 as of July 24, 2009, and cap the rate at that amount.
And finally, Senate Bill 130 , sponsored by Sen. Ryan McKenna (D-Crystal City), was heard by the House Public Safety Committee this week. The bill prohibits drivers from sending text messages or electronic messages while operating motor vehicles on highways within Missouri.
The Missouri Senate will reconvene in full at 2 p.m. Monday, May 4, 2009. The First Regular Session of the 95th Missouri General Assembly will run through Friday, May 15, 2009.
The Missouri Senate General Column is written on a weekly basis. To follow these and other issues being addressed by 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, and listen to streaming audio of legislative debate as it happens.
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