Missouri Senate Newsroom

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Capitol Briefing
Week of May 23, 2011

 

 
Priority Legislation Passed by Senate Awaits Governor's Action
 
MoRx Extension, Firearms Regulation and
Presidential Primary Measures on Governor's Desk
 

 

JEFFERSON CITY— The governor has until July 14, 45 days after the constitutional last day of session (May 30) to act on 46 Senate bills and 101 House measures delivered to him. 

Three bills have already been vetoed: Senate Bill 188 would have modified the law relating to the Missouri Human Rights Act and employment discrimination, House Bill 193 changes the composition of congressional districts based on the 2010 Census (veto overridden by the Legislature), and House Bill 209 would have revised the laws regarding private nuisances when it originates from property used for farm production and when a court must visit an alleged affected property (similar legislation, Senate Bill 187, which changes state laws regarding nuisances and junkyards, was later signed by the governor).

Missouri’s Election Law

Sponsored by Sen. Kevin Engler, R-Farmington, Senate Bill 282 would, starting Aug. 28, make numerous changes to election laws in Missouri. 

  • Currently, the governor has the authority to fill the offices of U.S. senator; various state and county offices; the circuit attorney, prosecuting attorney, and assistant prosecuting attorney offices; and all statewide offices excluding the lieutenant governor if they become vacant.  Senate Bill 282 would require the governor to fill all vacated statewide offices and the office of U.S. senator by special election for the remainder of each respective term.
  • The legislation would move the date of the presidential primary from the first Tuesday after the first Monday in February to the first Tuesday after the first Monday in March.
  • Currently, candidates who are defeated by less than 1 percent and individuals whose position on a question was defeated by less than 1 percent have the right to a recount.  This act reduces this to less than one-half of 1 percent.
  • The bill would make it a Class 4 election offense for anyone to discourage, hamper, pressure or attempt to prevent another person from filing for public office for the purpose of eliminating the requirement to hold special elections.
  • Currently, party emblems are printed on the ballot above the party caption – this bill would eliminate the printing of party emblems on ballots.

 Missouri’s Conceal Carry Law

Handled in the upper chamber by Sen. Brian Munzlinger, R-Williamstown, House Bill 294 would make changes to state laws regarding firearms, ammunition and concealed carry endorsements starting Aug. 28.  One of the most notable provisions in the bill would lower the age from 23 to 21 for a person to obtain a concealed carry permit.  House Bill 294 would also prohibit a higher sales tax on any firearms or ammunition compared to the sales tax for hunting equipment or sporting goods or equipment; allow a person to posses, manufacture, transport, repair or sell certain firearms or firearms accessories if he or she conforms with federal law, however if they are in violation of federal law, they would be guilty of a Class C felony or a Class A misdemeanor, depending on the crime; and create the crime of fraudulent purchases of a firearm, a class D felony, if a person knowingly solicits, persuades, encourages, or entices a licensed dealer or private seller of firearms or ammunition to transfer the firearm or ammunition when the person knows it would violate federal or state laws, among other provisions.

Domestic Violence

A bill delivered to the governor this year would strengthen provisions relating to domestic violence in Missouri.  Senate Bill 320, sponsored by Sen. John Lamping, R-Ladue, would provide consistency relating to adult and child orders of protection, including definitions for “abuse,” “adult,” and “child.”  In addition, this act would provide juvenile court jurisdiction for respondents to orders of protection under the age of 17, and it limits municipal jurisdiction over offenders who repeatedly commit domestic assault or violate an order of protection.  Also, Senate Bill 320 repeals the sunset provision to the Safe at Home confidentiality program, a program that provides victims of sexual assault, rape, stalking and domestic violence a substitute mailing address through the Missouri Secretary of State’s office.  This bill would take effect Aug. 28.

Missouri’s Linked Deposit Loan Program

Carried through the Senate by Sen. Jay Wasson, R-Nixa, House Bill 109 would continue to allow, starting Aug. 28, the Missouri State Treasurer to invest in any linked deposit programs for specific purposes after certain dates: to a recipient after Dec. 31, 2015, or to a new eligible facility borrower after Jan. 1, 2020.  The Missouri Linked Deposit Program partners with lending institutions in order to provide low-interest loans to help create jobs, expand the economy and strengthen communities throughout the state.

Termination of Water Service and Public Utility Deposits

Legislation that addresses the termination of water service and public utility deposits is also waiting for the governor’s approval.  Senate Bill 48, sponsored by Sen. Robin Wright-Jones, D-St. Louis, would remove the requirement for a city to send notice to a sewer customer by certified mail its intent to disconnect sewer service or request a water utility to disconnect a water service for failure to pay the sewer bill.  In addition, her legislation would prohibit gas, electric, water, heating and sewer companies to require a deposit or other guarantee for continued service to any existing customer that has been late in paying the utility bill at least five times in a 12-month period when that customer has consistently made a monthly payment by the delinquent date during the 12-month timeframe of at least $75 or 25 percent of the total outstanding balance.  Certain provisions in Senate Bill 48, excluding the ones mentioned above, contain an emergency clause and would take effect upon receiving the governor’s signature.  The water service and public utility provisions in this bill would take effect Aug. 28.

Transportation Legislation

Senator Bill Stouffer, R-Napton, ushered House Bill 430 through the Senate.  This omnibus transportation bill would, beginning Aug. 28, make changes to state laws regarding special license plates, nondriver’s licenses, billboards and design-build contracts for highway projects.  Two amendments were added to the bill during Senate debate, offered by Sen. Wright-Jones.  One would create harsher penalties for anyone who assaults an employee of a mass transit system, including those who work for public bus and light rail companies.  The other changes where the funding goes for specialized license plates that help promote breast cancer awareness. 

A similar license-plate designation provision found in a measure passed this session and delivered to the governor was House Bill 307, handled in the upper chamber by Sen. Brian Nieves, R-Washington.  Language from Senate Bill 106, sponsored by Sen. Timothy Green, D-Spanish Lake, was adopted in the overarching transportation bill that, among other provisions, would create a specialty license plate for individuals who have been awarded the combat action badge, an honor given to soldiers who have personally engaged the enemy or are engaged by the enemy during combat operations.  The measure is also set to take effect Aug. 28.

Health Care and Governmental Transparency

Sponsored by Sen. Rob Schaaf, R-St. Joseph, Senate Bill 62 makes numerous changes to provisions regarding health care providers.  If signed into law, beginning Jan. 1, 2014, health insurance carriers would be required to allow policy holders, upon request, know the amount of a deductible, co-payment and co-insurance under their plan or coverage that they would be responsible for paying before receiving a specific item or service.  In addition, this information must be delivered to the policyholder in a timely manner and made available through a website or by another means if they don’t have Internet access.

Senate Bill 68, sponsored by Senate Leader Robert N. Mayer, R-Dexter, would authorize the issuance of subpoenas for the production of records by the General Assembly.  More specifically, the measure would, starting Aug. 28, require subpoenas be issued under the hand of the Senate President Pro Tem or the Speaker of the House.  In addition, the legislation authorizes the issuance of subpoenas for the production of records.  This legislation gives committee members the ability to not only subpoena witnesses, but the records submitted to legislators verifying what those witnesses say during their testimony.

Provider Taxes and the Missouri Rx Plan

Senate Bill 322 and House Bill 412, sponsored by Sen. Kurt Schaefer, R-Columbia, and Sen. Wasson, respectively, would extend the sunsets on certain provider taxes and the Missouri Rx Plan.

  • Ground Ambulance, Nursing Facility, Medicaid Managed Care Organization, Pharmacy, and Intermediate Care Facility for the Mentally Retarded Reimbursement Allowance Taxes would be extended from Sept. 30, 2011, to Sept. 30, 2016.
  • Hospital reimbursement allowance would be extended from Sept. 30, 2011, to Sept. 30, 2013.
  • Missouri Rx Plan, the state’s pharmacy assistance program that provides prescription drug assistance to Missourians in need by coordinating benefits with Medicare’s Part D Prescription Drug Program, would be extended from Aug. 28, 2011, to Aug. 28, 2015.

 Bringing Attention to DPN

A measure was also sent to the governor that would help bring attention to a disease that affects thousands of Missourians each year.  Senate Concurrent Resolution 11, sponsored by Sen. Wright-Jones, urges the governor to recognize every third week in June as Diabetic Peripheral Neuropathy Week in Missouri.  More than half of diabetics suffer from DPN – a serious condition that results from damage to nerves due to prolonged exposure to high amounts of glucose in the bloodstream as a result of diabetes.

The next Capitol Briefing will focus on the latest legislation that has been signed into law.

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.
  • 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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