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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 week (5/25), the General Assembly convened for a technical session to officially send most of the passed 2010 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 Aug. 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 into law House Bill 1695 , a bill handled in the Senate by Sen. Kurt Schaefer (R-Columbia) that is intended to strengthen Missouri’s DWI laws and crack down on repeat offenders. The legislation makes several changes to the state’s laws regarding intoxication-related traffic offenses, including:
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Allowing any circuit court to establish a special DWI court to handle such cases when the driver has a blood alcohol content (BAC) of at least .15, has pled guilty to or been found guilty of one or more intoxication-related traffic offenses, or has two or more previous alcohol-related enforcement contacts.
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Prohibiting any person who operated a motor vehicle with a BAC of .15 or more from being granted a suspended sentence.
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Specifying that for a first offense, unless a person participates and successfully completes the requirements of a DWI court, a person who operated a motor vehicle with a BAC between .15 and .20 will be imprisoned for at least 48 hours, and a person who operated a motor vehicle with a BAC of .20 or more will be imprisoned for at least five days.
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Increasing the minimum amount of jail time from five days to 10 days for a prior offender and from 10 days to 30 days for a persistent offender to be eligible for parole or probation—unless, as a condition, the person performs a certain amount of community service or participates in a court-ordered treatment program.
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Specifying that any DWI case will not be carried out in municipal court if the defendant has been convicted, found guilty, or pled guilty to two or more previous intoxication-related traffic offenses or had two or more previous alcohol-related enforcement contacts.
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Making the reporting of DWI cases more uniform and centralized by requiring the State Highway Patrol, beginning Jan. 1, 2011, to maintain regular accountability reports of alcohol-related arrests, charges, and dispositions based on the data submitted by law enforcement and prosecutors.
Now that it has received the governor’s signature, the provisions of HB 1695 will be enacted into law on Aug. 28, 2010.
The other key priorities that legislators identified at the beginning of the session still await the governor’s signature, including bills that institute ethics reform, provide insurance coverage for autism, strengthen regulations for adult businesses, expand informed consent requirements for abortion, and make changes to two of the state’s major college scholarship programs. Some of the main provisions of these bills include:
Ethics Reform
Senate Bill 844 , sponsored by Senate President Pro Tem Charlie Shields (R-St. Joseph), allows the Missouri Ethics Commission to investigate ethics violations without an outside complaint being filed; requires contributions of more than $500 to incumbent officials and their challengers during legislative session be electronically reported within 48 hours; and limits the transferring of contributions among most committees.
Autism Insurance Coverage
House Bill 1311 requires health carriers that issue or renew health benefit plans on or after Jan. 1, 2011, to provide coverage for the diagnosis and treatment of autism spectrum disorders; prohibits health carriers from refusing to cover an individual or dependent solely because the individual is diagnosed with autism; and provides coverage for applied behavior analysis, a common treatment method for autism, up to $40,000 annually through age 18.
Adult Business Regulations
Senate Bill 586 , sponsored by Sen. Matt Bartle (R-Lee’s Summit), prohibits a person from establishing a sexually oriented business within 1,000 feet of certain entities; prohibits nude performances and restricts semi-nude activity within sexually oriented businesses; prohibits adult establishments from operating between the hours of midnight and 6 a.m., and bans the use, sale and consumption of alcohol on the premises.
Expanded Informed Consent for Abortion
Senate Bill 793 , sponsored by Sen. Rob Mayer (R-Dexter), requires, at least 24 hours prior to an abortion being performed, that a woman be presented with various printed materials detailing the risks of an abortion and the physiological characteristics of an unborn baby; given an opportunity to view an active ultrasound and hear the heartbeat; and provided information regarding the possibility of the abortion causing pain to the unborn baby past 22 weeks.
The bill also requires the physician to discuss the medical assistance and counseling resources available, advise the woman of the father's liability for child support, and provide information about the Alternatives to Abortion Program.
College Scholarships
Senate Bill 733 , sponsored by Sen. David Pearce (R-Warrensburg), changes and equalizes Access Missouri scholarship amounts for public and private universities; protects Bright Flight scholarship eligibility for students who serve in the military, and expands Bright Flight scholarship eligibility to those who have received a GED, or completed a homeschooling program of study, secondary coursework through Missouri’s Virtual Public School, or any other academic program that satisfies the compulsory attendance law.
All of the above bills will become law Aug. 28, 2010, upon receiving the governor’s signature with the exception of SB 733, which contains an emergency clause that applies to certain provisions.
This legislative update is written on a regular basis. 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 district, or, when the Legislature is in session, listen to streaming audio of legislative debate as it happens. For more legislative news, please visit the Senate Newsroom . There you will find various audio and video programs and other services, such as:
- Missouri Legislative Update (MLU) – A video program produced periodically throughout the year that provides an overview of the news in the Missouri Senate and House of Representatives. The program features news interviews with lawmakers and stories on issues concerning Missourians.
- Capital Dialogue – Missourinet's Bob Priddy hosts this monthly half-hour roundtable program bringing legislators together from the Missouri Senate and House of Representatives from different political parties to discuss their positions on specific issues and legislation.
- This Week in the Missouri Senate – A weekly five-minute audio program that wraps up the week’s news in the Missouri Senate. Programs are posted online every Friday in .mp3 format.
- Senate Minute – A condensed, one-minute audio report of current Senate news. Programs are posted in .mp3 format and are available through podcast. All four of these programs give listeners the option of subscribing via 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.
- Daily News Clips – The Senate Newsroom compiles daily news clips from various print and online publications that cover issues relating to the Legislature and state government. An archive of past clips is maintained online and is offered as a subscription service.
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