JEFFERSON CITY—With a constitutional deadline nearly three weeks away, the fiscal year 2011 budget was the primary order of business for the Missouri Senate this week.
The Senate’s version of the 13 budget bills account for an approximately $23.1 billion operating budget for the upcoming 2011 fiscal year, which runs July 1, 2010, through June 30, 2011. Dramatically decreased state revenues prompted the Senate to include nearly $500 million in across-the-board reductions from the budget proposed by the governor in January.
Senate Appropriations Chairman Sen. Rob Mayer (R-Dexter) handled the budget bills during floor debate. Elementary and secondary education continued to be a top priority for the Senate, as it voted to maintain the school funding formula at its current levels. In addition, the Senate approved using $37.5 million in federal stimulus funding for the Career Ladder program—which pays teachers for extra work such as after-school tutoring—if it is available.
For higher education, the Senate voted to reduce higher education funding by $50 million in order to keep in-state undergraduate tuition rates the same per an agreement with the state’s universities.
Watch a video clip of Sen. Mayer discussing the budget on the Senate floor.
All 13 budget bills will likely be sent to a conference committee consisting of both Senate and House members. The conference committee is charged with working out the differences in budget plans between the two chambers, before it sends the negotiated version back to the House, and then to the Senate, for final approval. As required by the state’s constitution, the budget must be passed by the Legislature and submitted to the governor by 6 p.m. on Friday, May 7.
“Rebooting Government”
Two ideas that came out of last month’s “Rebooting Government” work day advanced in the Senate this week. These measures are estimated to save Missouri taxpayers approximately $28 million.
At an estimated savings of $2 million, Senate Bill 1057 , sponsored by Senate President Pro Tem Charlie Shields (R-St. Joseph), was considered on the Senate floor this week. The measure would merge the State Water Patrol into the Missouri State Highway Patrol and transfer the Division of Alcohol and Tobacco Control from the Department of Public Safety to the Department of Revenue. The bill needs one more “yes” vote from the Senate before moving on to the House.
Watch a video clip of Sen. Shields discussing SB 1057 on the Senate floor.
On the other hand, Senate Bill 1014 , sponsored by Sen. Matt Bartle (R-Lee’s Summit), received final Senate approval and now moves to the House for similar consideration. The bill would reduce the state’s prison population by nearly 2,000 inmates by directing offenders who plead guilty to or are found guilty of a class D felony—with less than two prior felony convictions—to either a treatment court (such as a drug or DWI court), sentencing offenders to a county jail, or placing them on probation. Anticipated savings from not accepting new offenders into state prisons who meet the criteria is $26 million.
Half the savings from the bill would be placed into the state’s general revenue fund. The remaining savings would be divided equally among the Department of Corrections, Missouri’s circuit courts, and the “County Corrections Stabilization Fund,” created in the bill to assist counties with costs associated with housing inmates sentenced to county jail.
In addition, the measure would also allow the Board of Probation and Parole to select non-violent offenders for release if they are admitted into a drug or DWI treatment court.
Watch a video clip of Sen. Bartle discussing SB 1014 on the Senate floor.
Retirement Reform
Significant changes could be in store for certain public retirement systems in the state after a bill moved forward in the Senate this week.
Senate Bill 714 , sponsored by Sen. Jason Crowell (R-Cape Girardeau), contains several provisions relating to retirement, including a measure that would allow the state auditor to audit any state or local public employee retirement system at least every three years.
The bill would also create a different retirement plan for any person who becomes a state employee on or after January 1, 2011. To be eligible for normal retirement under this plan, employees must be at least 67 years old and have at least 10 years of service, or reach age 55 with the sum of the employee’s age and service equaling at least 90. Uniformed members of the highway patrol would be required to reach age 60 or age 55 with 10 years credited service to be eligible for regular retirement.
Employees, except for uniformed members of the highway patrol, would be eligible for early retirement at age 62 with 10 years of service, and must work for the state for 10 years to gain ownership of their benefits. Members of the new retirement plan would also be required to contribute 4 percent of their pay to the retirement system.
The bill would also create a different retirement plan for new judges, as well as create the Missouri State Retirement Investment Board, which would be authorized to manage the investment of the assets of the Missouri State Employees Retirement System (MOSERS) and the Missouri Department of Transportation and Highway Patrol Employees Retirement System (MPERS). Other Missouri public pension systems, except for the Public School Retirement System (PSRS), the Public Education Employee Retirement (PEERS), and the Missouri Local Government Employees Retirement System (LAGERS), may, upon approval of the system or plan and approval of the board, enter an agreement with the board to provide investment oversight and management.
Senate Bill 714 needs one more “yes” vote from the Senate before moving to the House for similar consideration.
Watch a video clip of Sen. Crowell discussing SB 714 on the Senate floor.
Education Funding
A shortfall in revenue has led the Senate to examine how to provide funding for K–12 education in difficult budget times. This week, the Senate gave first-round approval to SB 943 , a measure that would adjust the phase-in of full foundation formula funding for Missouri school districts and extend it through the 2016–2017 school year. It needs one more passing vote from the Senate to be sent to the House.
The bill, sponsored by Sen. Shields, would create two scenarios to address future shortfalls in the funding of school districts. Both scenarios are based on actual school funding levels in FY 2010. In the first scenario, if funding is above FY 2010 levels, but below the required phase-in level, the state would adjust the percent of phase-in funding to match available appropriations.
In the second scenario, if appropriated foundation formula funds fall below FY 2010 levels, then 10 percent would be taken from certain “hold harmless” school districts, followed by an equal division of the differences between the appropriated level and the projected phase-in level among all districts by weighted average daily attendance.
The measure would also change state funding for summer school beginning with the 2010-2011 school year. Under the bill, summer school attendance included in a district’s average daily attendance can only include hours where students are enrolled to study core subject areas for their grade level. School districts could continue to offer summer school programs that are non-academic or enrichment activities at their own expense.
In addition, the bill changes the funding method for the Career Ladder program. Under the bill, the program would be funded upfront in the budget process, rather than in arrears, and only if an appropriation is made.
The bill also requires the Joint Committee on Education to conduct a study and report its findings to the General Assembly by Dec. 31 concerning the distribution of state school funding.
Watch a video clip of Sen. Shields presenting SB 943 on the Senate floor.
State Holidays
Also this week, the Senate gave its approval to HB 1677 , handled in the Senate by Sen. Rita Heard Days (D-St. Louis). The bill would remove Feb. 12 (Lincoln’s birthday) and May 8 (Truman’s birthday) as public state holidays in Missouri, as well as require the governor to issue an annual proclamation designating the first Friday in March as “Dress in Blue for Colon Cancer Awareness Day.”
Passed by the Senate, Sent to the House
Senate Bill 815 , sponsored by Sen. Bartle, received a final vote from the Senate, moving the measure to the House this week. The bill would, among other provisions, allow for merit-based teacher salaries, year-round school schedules and multiple kindergarten start dates.
First-Round Senate Approval
A bill that modifies the state’s informed consent requirements for abortion received initial Senate approval this week. Senate Bill 793 , sponsored by Sen. Mayer, would add new requirements to be obtained at least 24 hours prior to an abortion, including presenting to the pregnant woman various new printed materials detailing the risks of an abortion and the physiological characteristics of an unborn child at two-week gestational increments. The woman must also be provided with the gestational age of the unborn child at the time the abortion is to be performed and must be given an opportunity to view, at least 24 hours prior to an abortion, an active ultrasound of the unborn child and hear the heartbeat.
Prior to an abortion being performed past 22 weeks, the woman must be provided information regarding the possibility of the abortion causing pain to the unborn child.
In addition to the written informed consent, the bill 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.
Finally, SB 793 requires the physician to provide the woman with access to a telephone and information about rape crisis centers, domestic violence shelters and obtaining orders of protection, should the physician have reason to believe the woman is being coerced into having an abortion.
Senate Bill 631 , sponsored by Sen. Jane Cunningham (R-Chesterfield), also received first-round Senate approval this week. The bill creates the "Amy Hestir Student Protection Act,” which would strengthen laws to keep sexual abusers out of school systems in Missouri.
Watch a video clip of Sen. Cunningham discussing the SB 631 on the Senate floor.
Bills Ready for Senate Floor Debate
The Senate General Laws Committee passed Senate Joint Resolution 45 this week (sponsored by Sen. Shields), which would merge the Missouri Department of Elementary and Secondary Education and the Department of Higher Education into one department to help streamline state government. This measure would need to be approved by voters to be enacted into law.
Watch a video clip of Sen. Shields discussing SJR 45 in committee.
The committee also heard SJR 42 , sponsored by Sen. Jim Lembke (R-St. Louis) that would, if approved by voters, modify Missouri's Bill of Rights to include a statement that all people have a natural right to economic freedom.
Watch a video clip of Sen. Lembke presenting SJR 42 to the committee.
Senate Committee Hearings
The Senate Financial and Governmental Organizations and Elections Committee this week heard Senate Bill 709 , a bill that would create the Board of Auto Body Repair. The board would license auto body repair facilities—excluding those that specialize in certain services—and physical damage appraisers.
Signed by the Governor
Finally, this week the governor signed HB 2014 , a $392 million supplemental budget bill for FY 2010 that appropriates money to several state departments and offices.
The Missouri Senate will reconvene at 3 p.m. on Monday, April 19. 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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