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Capitol Briefing

July 2010

 

 
 
Special Session Ends, Governor Signs Passed Bills into Law

 

Regular Session Legislation Receives Governor’s Signature by July 14 Deadline

 

 

 

JEFFERSON CITY—Shortly after the special session that finalized passage of the Manufacturing Jobs Act and made changes to the state employee pension system came to a close on July 14, the governor signed both corresponding bills approved by the Legislature. The governor called the special session at the end of June to have lawmakers work on these issues specifically.

House Bill 2, better known as the Manufacturing Jobs Act, was handled in the Senate by Sen. Luann Ridgeway (R-Smithville) during the special session. This bill will provide tax incentives for qualified auto suppliers or manufacturing facilities that create or retain Missouri jobs. Although it could apply to similar companies, HB 2 is aimed at enticing the Ford Motor Company to manufacture a new product line at its existing automotive assembly plant in Claycomo. In the Senate, HB 2 passed by a vote of 20-7 after more than 20 hours of non-stop debate.

Under the bill, the total amount of withholding taxes that can be retained by any one company is $10 million a year, while the total amount of tax incentives available is capped at $15 million each year for 10 years. Qualified companies also need to meet a specific set of requirements to receive the tax incentives. In addition, companies that qualify are prohibited from simultaneously receiving benefits from multiple tax incentive programs.

The other special session measure, HB 1, was handled in the Senate by Sen. Jason Crowell (R-Cape Girardeau), and will modify the retirement system for any person who becomes a new state employee on or after Jan. 1, 2011. The changes will not affect current state employees.

 

Members of the new system established under HB 1 will be required to contribute 4 percent of their pay to the retirement system and work for the state for at least 10 years to gain ownership of their benefits. For regular retirement eligibility under the new plan, employees need to reach age 67 and have at least 10 years of service, or reach age 55 with the sum of their age and service equaling at least 90 (current employees must be 62 with five years of service or have a combined age and service of 80 years).

House Bill 1 is anticipated to save $660 million over the next 10 years. The bill passed the Senate on a 25-5 vote.

Now that they have received the governor’s signature, both bills will take effect within 90 days of the end of the special session (Oct. 12).

Governor’s Veto and Signing Deadline Expires

 

Wednesday, July 14, marked the last day the governor could either sign or veto the bills passed by lawmakers during the regular session. Rather than just an arbitrary deadline, July 14 is the 45th day since the Legislature constitutionally adjourned for the year (May 30). Under the Missouri Constitution, the governor has 45 days from that date to act on passed bills or they will automatically become law.

Of the more than 1,800 bills and resolutions introduced by lawmakers during the 2010 regular legislative session, 32 Senate bills and 74 House bills were passed by the Legislature and sent to the governor. Of those bills, the governor vetoed five (one budget bill, HB 2007, contains a line-item veto of $300,000). Four House bills and one Senate bill received the governor’s veto. Among the measures he elected not to sign or veto, SB 793, a bill sponsored by Sen. Rob Mayer (R-Dexter), expands the state’s informed consent requirements for abortion. Consequently, the bill will become law automatically on Aug. 28.

Click here to see a list of the governor’s legislative actions on 2010 bills.

Every bill the governor vetoes is sent back to the sponsoring chamber with his objections. The General Assembly may consider any of the vetoed bills during its annual 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 bills not receiving a veto become law Aug. 28, the default effective date for new laws. However, those containing an emergency clause took effect immediately upon receiving the governor’s signature and others will become law at another specified date. Individual bill provisions may also have different effective dates than the rest of the bill.

Ethics Bill Signed into Law

The governor on July 14 signed the ethics bill, SB 844, sponsored by Senate President Pro Tem Charlie Shields (R-St. Joseph), which creates stronger ethical standards for Missouri government. One of the main provisions allows the Missouri Ethics Commission to independently investigate ethics violations without an outside complaint being filed.

The bill also requires contributions of more than $500 to incumbent officials and their challengers during legislative session be electronically reported within 48 hours; specifies that a statewide elected official is guilty of the crime of “bribery of a public servant” if he or she makes offers or promises of paid employment to any other statewide elected official in exchange for the legislator's official vote; and limits the transferring of contributions among most committees. The bill takes effect Aug. 28.

College Scholarships

Senate Bill 733, sponsored by Sen. David Pearce (R-Warrensburg), was also signed by the governor this month. The college scholarship bill equalizes Access Missouri scholarships for public and private universities and makes changes to Bright Flight scholarship requirements. Most of the provisions in the bill take effect Aug. 28.

K2 Ban

The governor also added his signature to HB 1472, a measure that criminalizes the possession of spice cannabinoids, also known as “K2,” in Missouri. The synthetic compounds mimic the effects of marijuana.  

House Bill 1472 was handled in the Senate by Sen. Kurt Schaefer (R-Columbia) and takes effect Aug. 28.

Income Tax Returns

House Bill 1408, handled in the Senate by Sen. Jim Lembke (R-St. Louis), will become law on Aug. 28 as well. This measure allows interest on unpaid state income tax refunds to begin collecting at a sooner date. Under existing law, the state has 120 days to process a filed tax refund before interest is owed; HB 1408 reduces the deadline to 90 days.

Other big issues of the 2010 regular legislative session were signed into law last month, including HB 1311, which 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; SB 586, sponsored by Sen. Matt Bartle (R-Lee’s Summit), which strengthens regulations for sexually oriented businesses in Missouri; and HB 1695, handled in the Senate by Sen. Schaefer, which makes several changes to the state’s laws regarding intoxication-related traffic offenses. All of these bills officially become law Aug. 28.

Other Bills Signed into Law

House Bill 1375

Requires the development of a brochure relating to the connection between human papillomavirus (HPV) and cervical cancer and informing that an immunization against the infection is available. Also allows a physician to use expedited partner therapy by dispensing and prescribing medications to treat certain sexually transmitted diseases for non-patients.

Senate Bill 583

(Sen. Norma Champion, R-Springfield)

Modifies several provisions relating to insurance regulation, including requiring that the unearned portion of any premium paid beyond the month of cancellation for Medicare supplement or long-term care insurance policy premiums be refunded by the insurer to the policy holder. Also requires non-resident drivers to conform with the motor vehicle financial responsibility laws of their state of residence.

Senate Bill 851

(Sen. Eric Schmitt, R-Glendale)

Requires at least four days notice before public meetings where local governing bodies may vote on tax increases, eminent domain and certain districts and projects.

Senate Bill 940

(Sen. Pearce)

Relaxes bingo regulations in Missouri, including expanding the hours during which bingo halls can operate, increasing the number of games they are able to hold, and raising the cap on the amount of money they are allowed to spend on advertising.

HB 2297

(Sen. Yvonne Wilson, D-Kansas City)

Authorizes the establishment of the Kansas City Zoological District to raise money for zoos.

House Bill 1848

Establishes the Joint Interim Committee on Urban Farming, which will consist of 10 members, five from the Senate and five from the House of Representatives. The committee is charged with studying and making recommendations regarding the impact of urban farm cooperatives, vertical farming and sustainable living communities, and examining various trends in urban farming and existing resources and capacity. Members will also determine any needed legislation, policies or regulations regarding urban farming in Missouri.

The committee will hold at least one public meeting at three urban areas in the state and must submit its findings to the governor and General Assembly by December 31, 2010.

Educated Citizenry 2020 Committee

The Missouri Senate Educated Citizenry 2020 Committee gathered in Kansas City on July 26 and 27 in its first meeting of the interim to discuss the K–12 school funding formula, urban education and education reform. Chairman Sen. Pearce, Sen. Jane Cunningham (R-Chesterfield), Sen. Schaefer, Sen. Joe Keaveny (D-St. Louis), Sen. Wes Shoemyer (D-Clarence) and Sen. Robin Wright-Jones (D-St. Louis) all serve on the committee.

The committee is responsible for creating long-term plans and strategies for improving Missouri’s educational system, and is one of three “2020” committees charged with determining where Missouri should stand in the areas of education, health care and job creation in the year 2020. The committees were created at the suggestion of Sen. Shields in early 2009. All of the committees will submit a final report to the Senate by Dec. 31, 2010.

Tax Credit Review Commission

 

This month the governor announced the creation of the Tax Credit Review Commission that will evaluate Missouri’s 61 tax credit programs and make recommendations to improve efficiency as needed. He named 25 business, community and legislative leaders to serve on the commission, including Sen. Bartle, Sen. Jolie Justus (D- Kansas City) and Sen. Wright-Jones. 

 
This update is written monthly during the interim. 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.
  • 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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