JEFFERSON CITY—One of the biggest priorities of the legislative session crossed a major hurdle this week after the Senate gave first-round approval to a bill that would institute ethics reform in state government.
Senate Bill 577, sponsored by Senate President Pro Tem Charlie Shields (R-St. Joseph), needs one more passing Senate vote before it may move to the House for similar consideration. If enacted into law, the bill would institute new ethical standards for elected officials and candidates, including giving new authority to the Missouri Ethics Commission to investigate potential violations based on reasonable grounds. If the commission votes unanimously to do so, the executive director would be able to conduct an independent confidential investigation without an official complaint.
The measure would also require incumbent elected officials (including legislators and all statewide elected officials) and their challengers to electronically report contributions they receive during the regular session of the General Assembly that runs January through May. Any contributions totaling more than $250 must be electronically reported within 48 hours of receiving the contribution. For the governor or candidates for governor, the same reporting requirement would be required during session, as well as any time legislation is awaiting gubernatorial action.
Senator Tim Green (D-Spanish Lake) successfully amended the bill to include a provision that would allow violation determinations, other than referrals for criminal prosecution, to be appealed for a new trial with the Circuit Court of Cole County.
Finally, SB 577 would ban the practice of committees transferring funds to other committees, with the exception of candidate committees. Any committee treasurer violating the ban would face civil penalties. Three violations attempting to conceal the identity of the money source would permanently bar the individual from serving as a treasurer.
Listen to the Senate Minute's report on SB 577.
Also this week, a DNA profiling measure received initial approval in the Senate. Senate Bill 779, sponsored by Sen. Matt Bartle (R-Lee’s Summit), would expand the state’s DNA profiling system to include samples of those arrested for robbery and certain misdemeanor sexual offenses.
Currently, the statute of limitations (time limit for prosecution) is typically three to five years and generally starts at the time a crime is committed. If prosecution is not implemented during this time-frame, the prosecutor is barred from ever filing charges. Senate Bill 779 would halt the statute of limitations during the period of time after which a DNA profile is developed from evidence collected from a crime scene until the suspect is identified by name based on a match between the DNA evidence and the suspect’s DNA.
In addition, SB 779 would also keep the DNA Profiling Analysis Fund from running dry by preventing the court fees specifically earmarked for DNA profiling from flowing into the state’s general revenue fund.
Watch video of Sen. Bartle discussing SB 779 on the Senate floor.
Several measures also made their way to the House this week after receiving the Senate’s approval. One such measure was SB 629, legislation sponsored by Sen. Tom Dempsey (R-St. Charles) that would establish the Missouri Healthy Workplace Recognition Program for the purpose of giving official state recognition to employers with more than 50 employees for excellence in promoting health, wellness and prevention.
Watch video of Sen. Dempsey presenting SB 629 on the Senate floor.
Senate Bill 806, sponsored by Sen. Bartle, also received final Senate approval, and would allow victims of child pornography to seek a minimum of $150,000 in civil damages from the person convicted of the crime. Specifically, any such victim younger than 14 could sue the perpetrator up until three years after whatever course of action happens later: conviction of the perpetrator; the victim or parents being notified of the pornographic material; or the victim turning 18.
Also, in conjunction with International Education Day (Feb. 24), where more than 200 international college students representing more than 50 countries from around the world visited the Capitol, the Senate passed Senate Concurrent Resolution 31. The resolution, which now moves to the House, encourages Missouri’s colleges and universities to promote international education in many areas, including increasing study abroad opportunities, improving foreign language instruction and exposing Missouri students to a cross-cultural educational environment.
Watch video of Sen. Pearce presenting SCR 31 on the Senate floor.
This week the Senate Judiciary and Civil and Criminal Jurisprudence Committee passed SB 793, sponsored by Sen. Rob Mayer (R-Dexter). The bill would expand the state’s informed consent requirements for abortion, as well as require a health professional to discuss the medical assistance and counseling resources available, advise a woman considering an abortion of the father's liability for child support, and provide information about the Alternatives to Abortion Program.
This week the committee also conducted a hearing on SB 904 , sponsored by Sen. Joan Bray (D-St. Louis). The bill would repeal the current Indoor Clean Air Act and instead enact a law that would ban smoking in all enclosed public places in Missouri, effective Jan. 2, 2011.
Some examples of public places include restaurants, bars, health care facilities, shopping malls, retail stores, sports arenas, theaters and museums. Smoking in all enclosed facilities within places of employment such as meeting rooms, employee lounges, private offices, elevators, hallways and cafeterias would also be prohibited, as would smoking in outdoor places within 15 feet of entrances, windows, bleachers and grandstands of outdoor arenas, public transportation stations and playgrounds. Private residences, tobacco retail stores, at least 20 percent of hotel and motel rooms and certain outdoor areas of workplaces would be exempt from the smoking ban.
Any person in violation of the smoking ban would be guilty of an infraction and any business owner who fails to comply could face a fine between $50 and $500. The bill must be passed by the committee to be eligible for floor debate.
Watch a video clip of Sen. Bray presenting SB 904 to the committee.
The Senate Financial and Governmental Organizations and Elections Committee heard a bill this week that aims to shorten the length of the legislative session from nearly five months to three months. Senate Joint Resolution 38, sponsored by Sen. Luann Ridgeway (R-Smithville) would require the legislative session to end in late March rather than mid-May, if approved by voters.
Watch video of Sen. Ridgeway presenting SJR 38 in committee.
The committee also heard SB 712 , sponsored by Sen. Bray. The bill would establish the Commission on the Reorganization of State Health Care with the purpose of studying, reviewing and recommending the creation of a Division of State Health Care within the Office of Administration.
Watch video of Sen. Bray discussing SB 712 during the hearing.
The committee also passed SB 818 sponsored by Sen. Jim Lembke (R-St. Louis), which would make several changes to the state’s initiative and referendum process. One proposed change includes creating the misdemeanor crime of intentional misrepresentation of a petition, which would occur when a person knowingly and fraudulently gathers signatures for a petition. The bill may now move to the floor for debate.
Also this week, the Senate Commerce, Consumer Protection, Energy and the Environment Committee heard testimony from Sen. Pearce on Senate Bill 633. The bill would expand the state’s no-call list to include personal cell phone numbers, as well as ban certain types of solicitations via faxing, graphic imaging or data communication, including text messaging. Senate Bill 633 would also add certain automated calls to the list of prohibited calls for those who have signed up for the no-call list and require that anyone making a political phone call to a Missouri resident include a “paid for by” statement.
Watch video of Sen. Pearce presenting SB 633 to the committee.
Also ready for discussion on the Senate floor after passage by the Senate Jobs, Economic Development and Local Government Committee is a wide-ranging economic development bill sponsored by Sen. Dempsey. Senate Bill 895 , among other provisions, would allow municipalities to establish Missouri Jobs for the Future Districts for which they may issue obligations to pay costs incurred developing the areas to attract businesses and create jobs.
Senate Bill 784, sponsored by Sen. Kurt Schaefer (R-Columbia) is another measure scheduled to be taken up on the floor. The bill was passed out of the Senate Education Committee this week and would equalize the financial assistance amounts provided through the Access Missouri Financial Assistance Program for public and private institutions, effective with the 2014–2015 school year.
With the session’s spring recess rapidly approaching, Monday, March 1 is the last day senators are allowed to file Senate bills for consideration this session.
The Missouri Senate reconvenes at 4 p.m. on Monday, March 1. The Second Regular Session of the 95th Missouri General Assembly runs through Friday, May 14, 2010.
This legislative update is written on a weekly 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 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:
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