JEFFERSON CITY—A proposal to consolidate the Missouri Department of Elementary and Secondary Education (DESE) and the Department of Higher Education (DHE) cleared major hurdles in the Missouri Senate this week.
Voters must approve the consolidation because both departments are in the state constitution. The overall proposal is contained in two joint resolutions that would be placed before voters in an upcoming general election. The first measure, Senate Joint Resolution 44, is a constitutional amendment to eliminate DESE, DHE and the Coordinating Board for Higher Education, and instead create a new State Board of Education, which would coordinate public early childhood, K-12 and higher education. The measure received final approval from the Senate this week and now moves to the House.
The second measure, SJR 45, needs one more vote of approval from the Senate before being considered by the House, and defines the powers, duties and framework of the proposed State Board of Education. One of the primary purposes of the board is to promote the development of a seamless and efficient system of education.
Listen to The Senate Minute’s report on SJR 45.
Both measures are sponsored by Senate President Pro Tem Charlie Shields (R-St. Joseph), and are part of the Senate’s “Rebooting Government” initiative to increase government efficiency while reducing costs. If approved by voters, the changes would take effect July 1, 2011.
Budget Conference Committee Begins Work
After the Senate passed its version of the fiscal year 2011 budget, Sen. Shields this week appointed five senators to serve on a budget conference committee that is working out the differences between the Senate and House spending plans. Committee hearings began today (4/22) and will continue next week.
Select members from the House are joining Senate Appropriations Committee Chairman Rob Mayer (R-Dexter), Sen. Kurt Schaefer (R-Columbia), Sen. Scott T. Rupp (R-Wentzville), Sen. Joan Bray (D-St. Louis), and Sen. Tim Green (D-St. Louis) to serve on the 10-member conference committee, which will discuss House Bills 2001 through 2013. These 13 bills make up the FY 2011 budget.
The committee will need to reconcile the Senate’s $23.1 billion budget with the House’s slightly less than $23.6 billion budget. After the conference committee produces a negotiated version of the state’s FY 2011 spending plan, the 13 bills will first return to the House for approval and then make a final trip to the Senate for its endorsement.
The General Assembly is constitutionally required to pass this year’s budget and send it to the governor by 6 p.m. on Friday, May 7. Fiscal year 2011 begins July 1, 2010, and runs through June 30, 2011.
Retirement Reform Bill Sent to House
A bill that would change the retirement system for new state employees received final approval from the Senate this week. Senate Bill 714, sponsored by Sen. Jason Crowell (R-Cape Girardeau), would 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.
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.
In addition, SB 714 would 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).
Watch a video clip of Sen. Crowell discussing SB 714 on the floor.
Education Funding Revamp Advances to House
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 final approval to SB 943, a measure that would adjust the phase-in of full foundation formula funding for Missouri school districts.
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.
To view a chart that explains the two scenarios, click here.
Other provisions in the bill would change state funding for summer school beginning with the 2010-2011 school year; make funding for the Career Ladder program upfront rather than in arrears; and require 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 discussing SB 943 on the Senate floor.
Senate Advances Expansion of Informed Consent Requirements for Abortion
The Senate this week gave final approval to SB 793, sponsored by Sen. Mayer, a bill that would expand the state’s informed consent requirements for abortion. Some of the changes include presenting a pregnant woman seeking an abortion with various new printed materials detailing the risks of an abortion and the physiological characteristics of an unborn child at two-week gestational increments; providing the gestational age of the unborn child at the time the abortion is to be performed; and giving the woman an opportunity to view, at least 24 hours prior to an abortion, an active ultrasound of the unborn child and hear the heartbeat.
Currently, health insurance policies are barred from providing coverage for elective abortions—except through optional riders. Senate Bill 793 extends this prohibition to policies offered through any health insurance exchanges, such as those located in the federal health care legislation. In addition, no health insurance exchange operating within Missouri may offer coverage for elective abortions through the purchase of an optional rider.
Passed by the Senate, Sent to the House
Senate Bill 816, sponsored by Sen. Jim Lembke (R-St. Louis), was sent to the House this week after gaining Senate approval. The bill would allow interest on unpaid state income tax refunds to begin collecting at a sooner date. Currently, the state has 120 days to process a filed tax refund before interest is owed; SB 816 reduces the deadline to 90 days.
Also sent to the House this week was SB 734, sponsored by Sen. David Pearce (R-Warrensburg). The education-related bill contains a few of the Senate’s “Rebooting Government” initiatives, such as allowing a school board to adopt a policy permitting any student who has participated in three or more years of high school interscholastic athletics or marching band to receive one unit of P.E. credit to satisfy the graduation requirement (students must earn one unit of P.E. credit to graduate from high school).
The bill would also require regional professional development centers to assist school districts in identifying and implementing cost-saving measures.
First-Round Senate Approval
The Senate gave initial approval this week to SB 1007, sponsored by Sen. Tom Dempsey (R-St. Charles), which would amend various requirements for public assistance programs administered by the state in an effort to save money, particularly with MO HealthNet.
Watch a video clip of Sen. Dempsey explaining SB 1007 on the Senate floor.
Senator Green successfully added an amendment to SB 1007 that would let certain hospitals continue to receive federal dollars.
Watch a video clip of Sen. Green discussing his amendment.
Also receiving the Senate’s first-round approval this week was HB 2198, handled in the Senate by Sen. John Griesheimer (R-Washington). The measure modifies provisions of the state’s Motor Vehicle Franchise Practices Act, giving new vehicle franchise dealers some recourse when dealing with manufacturing companies.
House Bills Approved by Senate
Also this week, the Senate gave final 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.” Additionally, the Senate gave final approval to HB 1336, another bill handled by Sen. Days that would require the governor to issue an annual proclamation designating March 12 as “Girl Scout Day.”
Transportation Bill Passes House Committee
Senate Bill 781 was passed out of the House Transportation Committee this week. Some of the provisions in the bill include banning texting while driving for all ages and issuing only one license plate for motor vehicles (currently the state issues two plates). The license plate provision also falls in line with the Senate’s “Rebooting Government” initiative.
Ready for Senate Floor Debate
The Senate Judiciary Committee this week passed SB 1004, sponsored by Sen. Schaefer. Under the bill, endangering the welfare of a child in the first degree would be an unclassified felony, and could amount to up to 20 years in prison when the person creates a substantial risk to the life of a child younger than five by shaking him or her. Under current law, this crime is a class C felony, punishable by one to seven years of imprisonment.
In addition, HB 2081 is now eligible to be discussed on the Senate floor after being passed by the Senate General Laws Committee. The bill specifies that a pregnant woman would be able to use deadly force to protect her unborn child if she reasonably believes that deadly force is necessary.
The Missouri Senate will reconvene at 4 p.m. on Monday, April 26. 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:
- 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.
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