Capitol Briefing

Month of August 2011

 Several Measures Passed By
General Assembly Take Effect
Aug. 28

JEFFERSON CITY — Several measures filed during the 2011 legislative session and approved by the governor have reached the finish line — Aug. 28 marked the date that several bills took effect in Missouri.

The governor had until July 14 — 45 days past the constitutional last day of session (May 30) — to take action on bills approved by the Missouri Legislature. If a bill received neither a “yes” nor “no” from the governor, it automatically becomes law on its effective date. More than 120 bills received a stamp of approval by the governor.

The measures below took effect on Aug. 28. For a complete list of signed and vetoed legislation, please visit www.senate.mo.gov and click on the “Governor’s Actions on Truly Agreed Bills” link under the “Legislation” tab at the top of the page.

Legislation Signed by the Governor

Corporate Franchise Tax

Senate Bill 19, sponsored by Sen. Eric Schmitt, R-Glendale, freezes and then phases out Missouri’s corporate franchise tax over a five-year period. This is an incentive for businesses to invest and grow in the state.

The bill caps corporate franchise tax liabilities at the amount of each corporation’s tax liability for the 2010 tax year. New businesses will be capped at the amount of their corporation’s franchise tax liability for its first full year of existence. Beginning Jan. 1, 2012, the tax will be phased out over a five-year period. The legislation was signed by the governor on April 26.

Prostate Cancer Pilot Program

Senator Robin Wright-Jones, D-St. Louis, sponsored SB 38, a measure that establishes a prostate cancer pilot program to provide screening, referral services, treatment, and outreach for men suffering from prostate cancer.

The bill establishes two prostate cancer pilot programs within the Missouri Department of Health and Senior Services — one in St. Louis and the other either in Pemiscot, Dunklin, or New Madrid counties in Missouri’s “Bootheel.” The program is open to uninsured or economically challenged men who are older than 50 years of age or between 35 and 50 who are at a high risk of prostate cancer. Senate Bill 38 was signed by the governor on June 17.

Classifying Agricultural Property

Senate Bill 55, sponsored by Sen. Dan Brown, R-Rolla, was signed by the governor on July 13. Senator Brown’s legislation classifies certain small sawmills and planing mills as agricultural or horticultural properties, relieving a large tax burden on the mills and allowing them to continue to conduct business in rural areas. Previously, sawmills and planing mills were classified as commercial properties, with a tax liability of 32 percent. The reclassification will ease that burden to 12 percent.

The Uniform Trust Code

On July 11, SB 59, sponsored by Sen. Joe Keaveny, D-St.

Louis, received the governor’s stamp of approval. This legislation adjusts the Uniform Trust Code, among other provisions. The bill also modifies the type of information that is required to include in a petition for guardianship for a minor or an incapacitated person, and adopts the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA). In addition, the bill clarifies creditors’ rights, provides flexibility to trustees and allows them to amend or create a new trust, consistent with the purpose of the original trust.

Promoting Health Care Transparency

A measure encouraging transparency in the health care industry was signed by the governor on June 10. Senate Bill 62, sponsored by Sen. Rob Schaaf, R-St. Joseph, requires health insurance companies and providers to make available information for policyholders regarding the out-of-pocket expenses related to surgeries, tests, exams, prescriptions, and other health care procedures they require. Missouri’s insured consumers will be allowed to view information regarding health care costs starting in January 2014.

Sprinkler System Installations

One of the first bills of the First Regular Session of the 96th General Assembly to be passed by the Legislature, SB 108, sponsored by Sen. Schmitt, extends a provision already in law that otherwise would expire on Dec. 31, 2011.

The 2009 International Residential Code would have mandated the installation of fire sprinklers in all newly constructed homes. Instead, the General Assembly passed SB 108, requiring home builders to offer buyers an option for the installation of fire sprinklers, allowing the consumer the choice to install or decline to install fire sprinkler systems.

The legislation also states that if a political subdivision (town, city, county, etc.) approves certain codes for one- or two-family residencies that do not require automatic fire sprinkler systems, the political subdivision may retain language from a previous version of code that requires walls to be thick enough to prevent fires in the building. Senate Bill 108 was signed by the governor on April 29.

Nuisances and Junkyards

Senate Bill 187, signed by the governor on May 11 and sponsored by Sen. Brad Lager, R-Savannah, specifies specific types of compensatory damages that may be awarded in a

lawsuit in which the alleged nuisance comes from property primarily used for crop or animal production. In addition, the legislation addresses junkyards, specifically changing the penalty for failing to screen a junkyard within 200 feet of a state or county road.

Preventing Domestic Violence

Sponsored by Sen. John Lamping, R-Ladue, SB 320 provides consistency in statutes by updating definitions, increasing the accountability for offenders and improving protections available to victims of domestic violence.

Provisions of SB 320 include creating one definition of domestic violence in law and making all statutory references to domestic violence consistent with that definition, eliminating conflicts between child and adult protection orders, and giving judges more discretion about what they can include in protection orders, among several other provisions. Senate Bill 320 was signed by the governor on July 12.

Legislation Allowed to Become Law

Senate Bill 65, sponsored by Senate Leader Robert N. Mayer, R-Dexter, was also allowed to take effect on Aug. 28. Under SB 65, the abortion of a viable baby of a gestational age of 20 weeks or more is prohibited, unless the baby is unable to survive outside of the womb or if the life of the mother is in danger. If the unborn child is 20 weeks or more, not determined viable, and an abortion is performed, the doctor is required to submit a report to the Department of Health and Senior Services. Any physician who doesn’t abide by the provisions of the bill will face a Class C felony, and physicians who plead guilty to or are convicted of performing an abortion in violation of this act could face having their medical license in Missouri suspended for three years. Hospitals also need to abide by the act, or risk having their licenses revoked.

Special Session and Veto Session Approaching

On Aug. 22, the governor officially called for a special session that would begin on Tuesday, Sept. 6. During special session, the Legislature will consider a comprehensive jobs bill that is designed to save taxpayer dollars and encourage businesses to invest and continue to grow in Missouri.

Some of the General Assembly’s job-creation priorities, which were previously debated during the 2011 regular session, are found within the governor’s call. Those include:

(Please click here to view a copy of the governor’s call for the special session — the General Assembly is constitutionally required to only debate initiatives included in the proclamation.)

Lawmakers will also focus on financial reform to existing tax programs — these reforms will eliminate tax credit programs that are no longer effective. In addition, the General Assembly will consider measures that would move the date of Missouri’s presidential primary from February to March and return control of the St. Louis Metropolitan Police Department to the City of St. Louis.

On Aug. 26, it was announced that the governor expanded his call for special session in order to annul a certain provision found in SB 54, sponsored by Sen. Jane Cunningham, R-Chesterfield. On the same day, an injunction (lasting 180 days) was put into place to stop SB 54 from taking effect on its scheduled date, Aug 28.

The legislation (signed by the governor on July 14) was drafted to protect Missouri children in public schools from sexual abuse, and was named after Amy Hestir, a Missouri woman who was continually molested and assaulted by her junior high school teacher. The act also establishes the Task Force on the Prevention of Sexual Abuse of Children, and requires Missourians who apply for a teaching certificate to complete a criminal background check. The applicant cannot have been listed under the state sexual offender registry or the state child abuse registry. 

The provision that lawmakers will pinpoint during special session concerns private communication between students and school faculty and staff. Under SB 54, public school districts in Missouri are required to develop written policies addressing teacher-student communication and employee-student communication. The policies designed by school districts are required to include appropriate use of electronic media as described in the act, including social networking sites. Teachers aren’t allowed to establish, maintain, or use a work-related website to communicate with students unless it is available to school administrators and the child's legal custodian, physical custodian, or legal guardian.

Special session will run congruently with the Legislature’s annual veto session, which is scheduled for Sept. 14. The state constitution requires the Legislature to reconvene on the first Wednesday following the second Monday in September if the governor vetoes any of the bills passed by the House and Senate. The General Assembly may meet for a timeframe not to surpass 10 calendar days. In order to override a governor’s veto, two-thirds of the members of both chambers must vote in favor of the override.

Senate Interim Committees Meet to Discuss Disaster Recovery; Health Insurance Exchanges

The Senate Interim Committee on Health Insurance Exchanges and the Senate Interim Committee on Natural Disaster Recovery, both created in June by Senate Leader Robert N. Mayer, conducted meetings to discuss actions that would best serve Missourians.

The Senate Interim Committee on Health Insurance Exchanges, chaired by Sen. Scott T. Rupp, R-Wentzville, met on Tuesday, Aug. 16, in Kansas City. The Senate Interim Committee on Health Insurance Exchanges is charged with researching Missouri’s options regarding the establishment of a health insurance exchange and to study its effect on existing state laws. The committee will share its recommendations on the establishment of Missouri’s health insurance exchange and its effect on state law to the General Assembly.

The Subcommittee on Fiscal Response, a branch of the Senate Interim Committee on Natural Disaster recovery, also conducted a meeting on Tuesday, Aug. 16, at the Capitol. All subcommittees of the Senate Interim Committee on Natural Disaster Recovery met together at the Capitol on Tuesday, Aug. 23. The subcommittees (which focused on the areas of emergency, insurance, and fiscal response) are charged with reviewing public testimony and recommending actions to help citizens recover after numerous natural disasters struck Missouri. Reports containing any preliminary findings and recommendations will be issued by Thursday, Sept. 1, 2011 — prior to veto session.

Senate Leader Creates Joint Interim Committee on School Accreditation; Names Senators to Missouri Working Group on Sentencing and Corrections

August marked the month a new interim committee —the Joint Interim Committee on School Accreditation — was created to help evaluate the impact of recent court cases on school attendance and accreditation. The committee will consist of 12 lawmakers — six senators and six representatives.

Members of the Senate appointed to serve on this panel include Sen. Jane Cunningham (co-chair); Sen. David Pearce, R-Warrensburg; Sen. Bill Stouffer, R-Napton; Sen. Brian Nieves, R-Washington; Sen. Maria Chappelle-Nadal, D-St. Louis; and Sen. Shalonn “Kiki” Curls, D-Kansas City.

In addition, the Missouri Working Group on Sentencing and Corrections was formed, with Sen. Jack Goodman (co-chair); R-Mt. Vernon; Sen. Jolie Justus, D-Kansas City; and Sen. Mike Parson, R-Bolivar, serving on the panel. The group is charged with developing recommendations to increase public safety protections, as well as monitoring costs within the criminal justice system associated with this task. The first meeting was held on Aug. 24, and the panel will meet over the next several months.

New Senate Boundaries To Be Decided by Courts

During the 2011 regular legislative session, the General Assembly was charged with drafting a new congressional map reflecting the results from the 23rd Decennial Census. On April 27, lawmakers came to an agreement regarding the map (listed under HB 193) and sent it to the governor, who later vetoed the legislation. In a historic motion, lawmakers were able to override the governor’s veto, and HB 193 was put into effect.

While the job of congressional redistricting is the General Assembly’s responsibility, redrawing Missouri Senate and House districts is the duty of two bipartisan commissions appointed by the governor.

The two commissions had until Aug. 18 to submit their initial maps reflecting new Missouri Senate and House districts. Both commissions gave their notice to disband, as panel members were unable to come to an agreement.

Failure by either (or both) commissions to agree upon a new map places the responsibility of state legislative redistricting in the hands of an appellate commission appointed by the Missouri Supreme Court. The Chief Justice of the Missouri Supreme Court must appoint six members from judges of the appellate courts of the state to determine a final statement of plans by Dec. 16 — 90 days from the date of discharge of the original commission.

For more information regarding Missouri’s 2010 Census, please visit the Missouri Office of Administration website at www.oa.mo.gov.

To learn more about redistricting in Missouri, visit oa.mo.gov/bp/redistricting/geninfo.htm.

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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