Missouri Senate Newsroom

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Capitol Briefing
Week of May 2, 2011

 

 
Lawmakers Deliver FY 2012 Budget
to Governor Before Constitutional Deadline

 
Missouri Senate Makes History with Veto Override
 

 

JEFFERSON CITY— Lawmakers deliver the state’s FY 2012 operating budget to the governor one day ahead of schedule.  The $23.2 billion state spending plan includes funding for Missouri’s vital departments and services that help run the state.  In addition, members of the Senate and House make history with a veto override on legislation that creates a new district map for members of U.S. Congress.

Missouri’s Fiscal Year 2012 Budget

Friday, May 6, was the General Assembly’s deadline to deliver to the governor a budget that funds the major departments and programs for the state.  Senate Appropriations Chair Kurt Schaefer, R-Columbia, handled the budget bills in the Senate.  After much negotiation in the budget conference committee, which was made up of five members of the Senate and five members of the House, lawmakers in both chambers were able to pass the Fiscal Year 2012 budget one day ahead of schedule.  Major funding provisions among the 13 bills that make up Missouri’s operating budget agreed upon by the Legislature include:

  • Restoration of $12 million to core funding for higher education institutions.
  • Additional $10 million in aid for K-12 transportation.
  • $1.096 million increase in General Revenue funding and 10 additional positions to enhance the oversight and inspection of Missouri’s dog breeding facilities.
  • $10 million in federal funding for the Small Business Credit Initiative that provides loans in cooperation with private financial institutions, ensuring borrowers have sufficient funding for job-creating business expansion.
  • $2.4 million for three federal grants: 1) $1 million to determine if Missouri should run its own health care exchange; 2) $1 million to develop and implement a system to review insurance rates; and 3) nearly $675,000 to add additional resources to the Department of Insurance, Financial Institutions and Professional Registration’s Consumer Assistance Program.
  • Provide $6.4 million for Deputy Sheriff’s Salary Supplementation funds to MOSMART board (Missouri Sheriff Methamphetamine Relief Taskforce).
  • Restoration of $24.4 million (federal and General Revenue) for in-home care services for low-income disabled residents.
  • $95.8 million in increased funding (federal and General Revenue) for anticipated Medicaid caseload growth, and $13.8 million in core funding restoration for the MoRx Plan, Missouri’s State Pharmacy Assistance Program.
  • A $1 million General Revenue increase for the Drug Courts program.

In addition, lawmakers also delivered several re-appropriations bills (HBs 17, 18, 21 and 22) containing federal stimulus money for capital improvement projects and the repair and maintenance of the state’s facilities to the governor for his approval.

The governor can only line-item veto budget bills without vetoing the entire legislative package.  With his approval, the state’s spending plan would take effect July 1, 2011, the beginning of the 2012 fiscal year.

Click here to listen to The Senate Minute for May 5, which features Sen. Schaefer and Senate Appropriations Committee member Sen. Timothy Green, D-Spanish Lake, discussing the state budget.  The Senate’s Daily Audio and Video Clips for May 4 also feature Senate floor debate on various budget bills from Sen. Schaefer and Sen. Green, in addition to comments from Sen. Eric Schmitt, R-Glendale, and Sen. Jim Lembke, R-St. Louis.

Historic Motion Made in Legislature

For the first time since 1980, the General Assembly has overturned a governor’s veto during a regular session.  House Bill 193, ushered through the upper chamber by Sen. Scott T. Rupp, R-Wentzville, implements a new congressional district map.  In order to override a governor’s veto, a two-thirds majority vote in both chambers is needed — 23 in the Senate and 109 in the House of Representatives. 

Legislators this session were responsible for drafting a new map that reflects the congressional districts for U.S. Congress members from Missouri.  Currently, there are nine congressional districts in the state.  However, the 2010 Census resulted in Missouri losing a congressional district seat.  Despite a 7 percent population growth in the state, Missouri did not keep up with the rest of the nation’s population growth.  The new congressional district map approved by lawmakers only has eight congressional districts — six Republican and two Democratic districts.  With the Legislature’s veto override, the bill now takes effect.

Legislation Delivered to the Governor

Senate Bill 366, sponsored by Sen. Jack Goodman, R-Mt. Vernon, was given the Senate’s final approval this week, sending the measure to the governor for his signature.  His bill would create Missouri cooperative associations and modify state law relating to conversion of certain business organizations.  Under the bill, certain businesses, such as liability companies, statutory trusts, and any other unincorporated businesses, can convert to a corporation after completing a certificate of conversion.  In addition, SB 366 would create cooperative associations as a new type of business organization formed lawfully to conduct business in Missouri.

Senate Bill 57, sponsored by Senate Minority Floor Leader Victor Callahan, D-Independence, would allow a public administrator to request the court to transfer any guardianship case to another county.  According to SB 57, if the other county meets the venue requirements and the public administrator of the other county consents to the transfer, the court is required to transfer the case.  Also, the court with jurisdiction over the other county is required to appoint the public administrator of that county as the person’s new guardian without holding a hearing.

The Senate’s Daily Audio and Video Clips for May 5 include Sen. Callahan on the Senate floor debating SB 57.

A measure that would change the composition of several educational boards was also delivered to the governor this week.  Senate Bill 163, sponsored by Sen. David Pearce, R-Warrensburg, would require at least one, but no more than two people, be appointed from each congressional district to serve on the Coordinating Board for Higher Education, the Board of Curators for the University of Missouri and the governing board of Missouri State University.  Currently, no more than one person can be appointed from each congressional district to sit on these boards.  The legislation reflects the new congressional district map drafted and approved by the General Assembly.

The Senate’s Daily Audio and Video Clips for May 5 feature the bill sponsor discussing the legislation on the floor of the Missouri Senate.

House Bill 315, handled by Sen. Jane Cunningham, R-Chesterfield, would combine and modify the provisions of the Revised Statutes of Missouri that have been enacted in more than one bill so that there is only one version of a statute that exists.  Under the legislation, some revisions may result in a clarification or change to an existing statute.  The measure is now on the governor’s desk for his signature.

Click here to listen to The Senate Minute for May 4, which features comments from the bill handler in the Senate.

Senate Bills Approved by the House

Senate Joint Resolution 2, sponsored by Sen. Bill Stouffer, R-Napton, is a constitutional amendment that would, if approved by Missouri voters, require a person to present a valid, government-issued photo ID.  The ID must prove that the voter is a U.S. citizen and a resident of Missouri.  The amendment would also establish advance voting from the third Saturday until the first Tuesday before an election, excluding Sundays.  The resolution is now awaiting the Senate’s final approval.

The House also passed SB 3, a bill sponsored by Sen. Stouffer that would establish photo identification requirements for voting and requirements for advance voting.  The legislation is contingent on the passage of SJR 2.

The Missouri House also gave its approval to SB 8, sponsored by Sen. Jack Goodman, R-Mt. Vernon.  His measure would require that occupational diseases be covered under workers’ compensation laws.  In addition, the legislation would release co-employees from liability for all workplace injuries under the workers’ compensation system, except when they engage in an act that initially caused or increased the risk of injury.  In addition, SB 8 defines toxic exposure.  When an employee receives workers’ compensation benefits and then recovers from a third party in a toxic exposure case arising out of the same injury, employers are barred from sharing in the employee’s recovery against the third party when the employer intentionally caused the occupational disease. 

House members also approved SB 173, sponsored by Sen. Bob Dixon, R-Springfield.  The overarching measure makes various changes to the state’s laws regarding transportation and infrastructure, including creating additional areas of study for the Joint Committee on Missouri’s Promise, establishing the Missouri State Transit Assistance Program, and authorizing the Missouri Highways and Transportation Commission to enter into an additional design-build contract, among other provisions. 

The House also approved Senate Bill 282, sponsored by Sen. Kevin Engler, R-Farmington.  His legislation would make changes to a number of laws related to elections and public contracts in the state.  Among other provisions, SB 282 would prohibit state agencies from contracting with entities that have violated election, tax or immigration law; allow election authorities to use electronic voter identification systems or an electronic signature pad to verify a voter’s address, registration status, and signature information at a polling place; require special elections when statewide offices and the office of a U.S. senator are vacant; and no longer print party emblems on a ballot above the party caption. 

Select members of the Legislature are working out differences between the two chambers’ versions of SB 8, SB 173 and SB 282 in conference committees.

Under Consideration in the Senate

Senators gave their final approval Monday to a bill designed to reduce or eliminate various tax credits for businesses and developers and create new incentives to bring businesses to the state.  House Bill 116, handled by Sen. Chuck Purgason, R-Caulfield, has the potential of saving the state $1.5 billion over the next 15 years.

The legislation includes provisions that would create the “Aerotropolis Trade Incentive and Tax Credit Act” designed to authorize the city of St. Louis or any county to designate certain areas as a hub for international trade; promote the growth and development of science and technology companies; bring more sporting events to the state; change provisions of the food pantry tax credit and create a new tax credit for contributions to food banks; and make changes to the low-income housing tax credit regarding issuance of tax credits were certain units have not yet been rented, among other provisions.  If signed by the governor, the bill would take effect immediately since it contains an emergency clause.  The bill is now under consideration by the House.

Members of the Missouri Senate debated legislation that would add to the list of schedule I controlled substances several forms of stimulants, including synthetic stimulants being marketed as “bath salts,” and hallucinogenic synthetic cannabinoids.  In addition, a definition of synthetic cannabinoids would be added to the Comprehensive Drug Control Act of 1989.  House Bill 641, handed by Sen. Goodman, would make it a Class A misdemeanor to possess 35 grams or less of any synthetic cannabinoid and a Class C felony to possess more than 35 grams of the drug.  The measure is now in the House for similar consideration.

The Senate’s Daily Audio and Video Clips for May 3 feature Sen. Goodman and Sen. Callahan debating HB 641 on the floor of the Missouri Senate.

Senators also gave their final approval to HB 340, ushered through the upper chamber by Sen. Rob Schaaf, R-St. Joseph.  The legislation would allow counties to build and maintain a jail or holding cell facility at a location other than the county seat.  Currently, only counties of a certain classification are allowed this option.  Since the legislation contains an emergency clause, it would take effect upon receiving the governor’s signature.  House Bill 340 must first receive final approval before moving on to the governor.

The Senate adopted a resolution that addresses the most common series of heart rhythm disorders and affects more than 2.3 million Americans.  Senate Concurrent Resolution 12, sponsored by Sen. Schaaf, would urge the MO HealthNet Division to pursue the feasibility of implementing a program to assess chronic disease management of stroke prevention in atrial fibrillation.  The measure is now in the House for similar consideration.

Members of the Senate also adopted two resolutions that address a monument and a citizen from the state’s two largest cities.  House Concurrent Resolution 11, handled by Sen. Jolie Justus, D-Kansas City, urges Congress to designate the Liberty Memorial at the National WWI Museum in Kansas City as the National WWI Memorial.  And HCR 15, handled by Sen. Shalonn “Kiki” Curls, D-Kansas City, designates Nov. 13, 2011, as “Buck O’Neil Day” in the state of Missouri.  Concurrent resolutions express the opinion or the will of both the Senate and House of Representatives and are adopted by both chambers.  Depending on the intended purpose, a concurrent resolution may carry the full force and effect of law.

The Senate’s Daily Audio and Video Clips for May 3 highlight comments from Sen. Curls and Sen. Justus on HCR 11 and HCR 15, respectively.

A House bill that would allow any winery, distiller, manufacturer, wholesaler or brewer to provide beverage samples under certain circumstances was approved by the Senate.  House Bill 101, handled by Sen. Cunningham, includes Senate amendments that would include the sampling of all kinds of intoxicating liquor, including alcohol in its original package, and issuance of a special permit for a qualified individual licensed to sell liquor to allow a licensed premise to sell alcohol from 6:00 a.m. to 3:00 a.m. the next day – only six special permits would be allocated to a person in a calendar year.  A conference committee has been formed to iron out the differences in the bill between the two chambers.

Lawmakers considered legislation regarding weapons in the state.  House Bill 294, handled by Sen. Brian Munzlinger, R-Williamstown, changes Missouri’s laws regarding firearms, ammunition and concealed carry licenses.  Among other provisions, HB 294 would allow Missouri residents to purchase rifles and shotguns in any state so long as he or she follows all applicable provisions of the Federal Gun Control Act of 1968, Missouri law and the law of the state in which they purchase the weapon.  Under the legislation, legislators, full-time and legislative employees of the General Assembly, statewide elected officials and their employees may carry concealed firearms in the State Capitol building if they have a concealed carry endorsement.  Also, this act would lower the age a person can obtain a concealed carry license from 23 to 18 years of age.

Click here to listen to The Senate Minute for May 4, which features comments from Sen. Ryan McKenna, D-Crystal City, on HB 294.  The Senate’s Daily Audio and Video Clips for May 3 also feature Sen. McKenna on the floor of the Missouri Senate discussing the bill.

In addition, senators took up for debate HJR 29, also handled by Sen. Munzlinger.  The resolution would amend the state’s constitution to require the development and sale of a veterans lottery ticket.  The ticket, which would appear in stores July 1, 2013, would support the Veterans Commission Capital Improvement Trust Fund.

The Senate’s Daily Audio and Video Clips for May 3 feature Sen. Munzlinger and Sen. Green discussing HJR 29 on the Senate floor.

Legislation that would change all references of “mentally retarded,” “mental retardation,” or “handicapped” in current state law to “developmentally disabled,” “developmental disability,” or “disabled” respectively, was debated in the upper chamber.  House Bill 648, handled by Sen. Rupp, still needs to receive the Senate’s final approval.

Lawmakers in the Senate also considered HB 442, handled by Sen. Mike Parson, R-Bolivar.  The measure would give veterans a bidding preference for state contracts.  Under the legislation, a five-point bonus would be given to bids on a state contract for goods and services manufactured, produced or assembled by a qualified veteran-owned business headquartered in Missouri.  House Bill 442 still needs to receive the Senate’s final approval.

The Senate’s Daily Audio and Video Clips for May 3 feature Sen. Jim Lembke; Sen. Lamping, R-Ladue; and Sen. Maria Chappelle-Nadal, D-St. Louis, discuss HB 442 on the floor of the Missouri Senate.

Senators took up House Bill 282 for debate this week.  The bill, handled by Sen. Jason Crowell, R-Cape Girardeau, would make changes to several public employee retirement systems in Missouri.  The act would require the Missouri Department of Transportation and Highway Patrol Employees’ Retirement System (MPERS) and the Missouri State Employee’s Retirement System (MOSERS) to transfer money between the two systems when an employee transfers service between the systems on or after Sept. 1, 2011. 

In addition, the legislation would make enrollment in the state deferred compensation program automatic for those state employees, with the exception of state college and university employees, eligible for the plan hired on or after July 1, 2012.  Automatic contributions would be at 1 percent and this amount could be changed.  Employees who do not want to contribute to the program could opt out of the plan within the first 30 days of employment.

The Senate’s Daily Audio and Video Clips for May 5 feature Sen. Crowell and Sen. Robin Wright-Jones, D-St. Louis, discuss HB 282 on the Senate floor.

Senate Committees Hear Legislation

The Senate Health, Mental Health, Seniors and Families Committee heard testimony on legislation designed to develop guidelines on the risk of concussion and brain injury in high school sports.  House Bill 300 would create the “Interscholastic Youth Sports Brain Injury Prevention Act” to educate and protect student athletes from the risks of concussions and other brain injuries. 

Under the legislation, student athletes suspected of sustaining a concussion or brain injury must stop play for at least 24 hours and cannot return without written permission from a medical professional trained in the evaluation and management of concussions.  In addition, the student’s parents would have to sign a concussion and brain injury information sheet before the student can participate in any practice or competition.  House Bill 300 would also establish support services for brain injuries in which educational information would be available to youth athletes on the risks of concussions and other brain injuries.

The Senate’s Daily Audio and Video Clips from May 3 highlight’s comments on HB 300 from Sen. Luann Ridgeway, R-Smithville, who chairs the Senate Health, Mental Health, Seniors and Families Committee.

The same committee voted out a measure that would establish a prostate cancer pilot program to provide screening, referral services, treatment and outreach.  One program, established within the Department of Health and Senior Services, would be in St. Louis City and the other would be in either Pemiscot, New Madrid or Dunklin county.  House Bill 667 is similar to a bill filed in the Senate, SB 38, sponsored by Sen. Wright-Jones.

Members of the Senate Financial and Governmental Organization and Elections Committee voted out HB 187.  The measure would no longer require a political party’s emblem, such as the elephant or donkey, to be printed on an election ballot above the party caption.  This bill is also found as a provision in SB 282, sponsored by Sen. Engler.

The Senate Judiciary and Civil and Criminal Jurisprudence Committee voted out a bill that would further outline the parental rights of individuals with disabilities.  House Bill 604 would specify that the disability or disease of a person cannot be a basis for a determination involving a foster care license, the removal of a child or the termination of parental rights without certain findings.

House Joint Resolution 6, voted out of the Senate Ways and Means and Fiscal Oversight Committee, is a constitutional amendment that would, upon voter approval, guarantee the rights of an individual to vote by secret ballot.  With these passing votes in committees, members recommend HB 667, HB 187, HB 604 and HJR 6 be taken up by the full Senate for debate.

The Senate General Laws Committee considered House Bill 139.  The measure would require the Office of Administration to maintain public school, county and municipal government accountability information, as well as the governor’s travel information, on the Missouri Accountability Portal.  This portal provides Missourians with pertinent information related to the enforcement of government programs.

House Concurrent Resolution 23, considered before the Senate Rules, Joint Rules, Resolutions and Ethics Committee, declares the support for Complete Streets policies and urges the adoption at all levels of government regarding the shared use of Missouri’s roads and highways by motorists, bicyclists and walkers.  The resolution was voted out of the committee.

Lawmakers have one more week to consider legislation and send measures to the governor for his approval.  Senate Bills scheduled for debate in the House next week include SB 61, sponsored by Sen. Joseph Keaveny, D-St. Louis; SB 187, sponsored by Sen. Brad Lager, R-Savannah; SB 243, sponsored by Sen. Cunningham; and SB 320, sponsored by Sen. Lamping. The First Regular Session of the 96th General Assembly runs through Friday, May 13, 2011.

This update is written once a week throughout the legislative session. 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.  Please note: Clips linked to this Capitol Briefing are only available for the legislative week referenced in the publication.
  • 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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