Capitol Briefing for the Week of Monday, March 12, 2012
Reviewing Legislation Considered by the Missouri Senate at Session's Half-Way Mark

Thirty-six Senate Bills Sent to the House for Consideration to Date

The Missouri Senate stands adjourned for its annual mid-session recess — lawmakers will reconvene for full session on Monday, March 19.

More than 475 Senate bills have been introduced in the upper chamber and 36 bills have been sent to the House for its consideration. Many of the measures address the General Assembly’s priority of job creation and economic development.

To date, several measures have been sent to the governor.

Measures Sent to the Governor

Sponsored by the Senate Majority Floor Leader, SB 572 would help protect co-employees who are at risk of personal lawsuits for their role in honest accidents in the workplace.

Co-employees would be released from all liability for workplace injuries or death for which compensation is recoverable under the workers' compensation statutes. However, the employee would be liable if he or she engaged in an affirmative, negligent act that purposefully and dangerously caused or increased the risk of injury to another person.

The measure states that occupational diseases would be exclusively covered under workers’ compensation laws. Also, toxic exposure would be defined as exposure to chemicals, dust, fumes, radiation, and other such substances that, when ingested or inhaled, would cause significant problems such as cancer, deformities, and death. Death benefits for employees would be raised from $5,000 to $10,000.

Click here to listen to “The Senate Minute” from Feb. 15, which features a report on SB 572. The Senate Majority Floor Leader and Senate Minority Floor Leader Victor Callahan, D-Independence, are featured in this report.

To stimulate a more business-friendly climate, HB 1219 would change the laws regarding unlawful discriminatory employment practices as they relate to the Missouri Human Rights Act and establish the Whistleblower Protection Act.

The bill is designed to put Missouri in line with federal discrimination laws — currently, state law requires workers to prove that discrimination is a “contributing factor” in a discrimination lawsuit against the employer. This bill would change this to a “motivating factor,” the same standard laid out in the federal Civil Rights Act.

A similar measure, SB 592, was passed out of the Senate earlier last month and is now in the House for similar consideration.

In addition, HCR 8 was approved by the Legislature and sent to the governor. The initiative states the General Assembly’s disapproval of the State Tax Commissions’ proposed state regulation regarding the value of each grade of agricultural and horticultural land for the 2013 and 2014 assessment years.

The resolution states that on Dec. 23, 2011, the commission proposed a value for each of the eight grades of agricultural and horticultural land for the 2013 and 2014 assessment years, with changes to grades 1 through 4. The commission’s proposal was to increase taxes on the land deemed to be of the highest quality and most productive.

Agricultural/horticultural land is divided into eight grades based on its productive use value, with grade 1 defined as the best and grade 8 termed the poorest. The value for grades 5 through 8 (pasture land, forest land and less productive crop land) remained static, while grades 1 through 4 (the most productive farmland) increased land productivity values by $80, $65, $50 and $30, respectively.

The General Assembly can disapprove any changes in the productivity values by passing a concurrent resolution within the first 60 calendar days of the legislative session.

On March 16, the governor vetoed SB 572 and HB 1219.

Legislation Sent to the Missouri House

The first two bills sent to the House for its consideration in late January address state departments that accept federal grants and the documentation of such funds, as well as the regulation of motor vehicles.

Senate Bill 467, sponsored by Sen. Brian Munzlinger, R-Williamstown, would require state departments and divisions that accept federal grants more than $1 million to post information relating to the grant on the Missouri Accountability Portal. The portal is available to Missouri citizens so they can reference how their tax dollars are spent and other relevant information related to governmental programs.

These applicable departments and divisions would be required to submit the following to the portal:

  • The amount, origin, and purpose of the federal grant;
  • The amount of the grant that’s transferred to another department or division, along with the purpose of the transfer; and
  • How the secondary recipient used the funds from that grant, as well as the impact of that use.

In addition, the governor would be required to submit on the portal a daily report stating the amount of funds withheld from the state operating budget.

Senate Bill 443 addresses failure to appear in court in regard to traffic tickets, as well as the Uniform Commercial Driver’s License Act.


The bill would also implement a Federal Motor Carrier Safety Regulation known as “Medical Certification Requirements as part of the CDL.” This act would require commercial driver license applicants to complete certain self certifications and submit required medical examiner certification documents when applicable.
As the 2012 legislative session progressed, more measures were approved by the Senate and sent to the other chamber.


Senate Bill 711, sponsored by Sen. John Lamping, R-Ladue, states that the race or ethnicity of the adoptive child, the child’s biological parents, or the prospective adoptive parents would not be a consideration when determining the best interests or the welfare of the child. The bill is designed to help more children find loving, adoptive families.

Upon approval from the General Assembly, SCR 24 would urge the Federal Motor Carrier Safety Administration (FMCSA) to withdraw its newly published rule regarding hours of service and refrain from adopting regulations concerning sleep apnea and other measures affecting the trucking industry. The initiative states that the FMCSAs new rule regarding hours of service reduces the maximum amount of hours truck drivers may work, from an average of 82 hours, down to 70 hours.

Senate Bill 568, sponsored by Sen. Mike Parson, R-Bolivar, would amend Missouri’s “Move Over” law so that drivers would be required to use caution and change lanes (if possible) when approaching stationary emergency vehicles or vehicles operated by the Missouri Department of Transportation (MoDOT) that display amber or amber and white lights. By requiring drivers to “move over” and avoid stationary vehicles on the roadways, the safety of those on the road would be better protected.

Click here to listen to “The Senate Minute” from Feb. 29, which features a report on SB 568. Included in this report are Sen. Parson and Sen. Callahan.

Sponsored by Sen. Rob Schaaf, R-St. Joseph, SB 464 states that, unless created by a legislative act, initiative petition, or referendum, the creation or operation of a state-based health insurance exchange would be prohibited. The act specifically bars the establishment of an exchange by an executive order issued by the governor.

Click here to listen to “The Senate Minute” from Jan. 25, which features a report on SB 464. Senators in this report include Sen. Schaaf and Sen. Jolie Justus, D-Kansas City.

Senate Bill 484 would modify the state’s do-not-call list and create “paid for by” requirements for political phone calls. More specifically, the act would include cell phone numbers on the do-not-call list and exempt certain automated calls, such as calls from emergency services.

Sponsored by Sen. Dan Brown, R-Rolla, SB 564 states that an applicant who is an active member of the U.S. Armed Forces and has successfully completed a military motorcycle rider training course that meets or exceeds the Motorcycle Safety Foundation’s curriculum standards, would be able to demonstrate his or her ability to operate a motorcycle or motor tricycle, instead of having to take a driving test, to obtain a motorcycle license.

Senate Bill 648 is designed to provide young Missourians more opportunities to become better experienced drivers. More specifically, the bill would expand the list of qualified individuals who may accompany temporary instruction permit holders who are under 16 to include licensed individuals who:

  • Are 25 years of age and older,
  • Have been licensed for at least three years, and
  • Have received written permission from the young driver’s legal guardian.

Sponsored by Sen. Timothy Green, D-Spanish Lake, SB 655 would create the Higher Education Capital Fund to provide matching funds to public colleges and universities for certain capital projects. In order to receive matching funds, a public college or university must raise 50 percent of the cost of the capital project from private donations or grants before receiving the matching funds from the General Assembly. This funding cannot be used for athletic facilities or any other facilities that generate revenue.

Senate Bill 455 aims to help Missouri students complete a higher education as efficiently and affordably as possible. The legislation would require all public two- and four-year higher education establishments in Missouri to generate a statewide core transfer library of at least 25 courses to transfer among all public higher education institutions. These courses would include English, science, and math course credits.

To help Missouri find the best solutions for criminal offenders, SB 699 would address earned compliance credits, administrative jail sanctions, and mandatory placement in programs for first-time revocations. Among other provisions, the act would create two panels — the “Sentencing and Corrections Oversight Commission” and the “Joint Committee on Missouri Criminal Code.”

The Sentencing and Corrections Oversight Commission would comprise of 13 members and oversee the implementation and the results of the act. Panel members would be responsible for determining ways to reinvest any cost savings as a result of this act to pay for evidence-based practices to reduce recidivism and examine how restitution is collected for crime victims.

The Joint Committee on Missouri Criminal Code would be required to report its recommendations for ways to “harmonize, organize, and revise” the criminal laws to the General Assembly by Dec. 31, 2012.

Click here for a full list of Senate bills sent to the Missouri House.

Measures Considered in the Missouri Senate

Legislation that may receive further debate in the upper chamber at a later date includes measures that address the mandatory reporting of suspected child abuse and the protection of religious beliefs.

Senate Bill 457
would require any person who observes a child being subjected to sexual abuse to immediately report the incident to law enforcement. Under current law, only certain professional workers, such as physicians and nurses, are required to report such abuse.

Sponsored by Sen. Lamping, SB 749 states that an employee, employer, health care provider, or other such entities would not be obligated to provide health care coverage for abortion, contraception, or sterilization, if such services go against the person or establishment’s moral convictions or religious beliefs.

The act would also protect these individuals who object to performing such services from discrimination by any government entity or public official.

Click here to listen to the “Senate Minute” from Feb. 22, which features a report on SB 749. Lawmakers included in this report are Sen. Lamping and Sen. Justus.

Lawmakers Focus on Passing a Balanced Budget

Now that the 2012 legislative session has reached its mid-point, a top priority on lawmakers’ agenda is to address the state’s operating budget for FY 2013, which runs July 1, 2012, through June 30, 2013.

In January, the governor issued his State of State address to members of the General Assembly. The governor’s recommendations for the state’s fiscal year spending plan were then taken into consideration by lawmakers.

Panel members on the Senate Appropriations Committee continue to discuss options for the FY 2013 operating budget. Senators on this panel will consider the state’s initial operating budget after lawmakers in the House pass the legislative package.

Lawmakers are required to have the budget delivered to the governor by 6 p.m. on Friday, May 11, 2012.

Click here to listen to “The Senate Minute” from March 13, which features a report on the FY 2013 budget. Lawmakers in this report include Sen. Lamping and Sen. Green.

Commission Finalizes Missouri Senate Map

A bipartisan state redistricting commission recently unanimously voted in approval to a new Senate map. The map was drawn to reflect the population shifts highlighted in the 2010 census.

Before the commission — composed of five Republicans and five Democrats — gave its approval, minor changes were made to even out the population numbers in Senate districts. Notably, St. Louis and St. Louis County will go from eight Senate districts (plus a portion of another one), to seven Senate districts (plus a portion of another one).

Last year, two bipartisan commissions appointed by the governor were charged with redrawing Missouri Senate and House districts. However, both commissions were unable to reach an agreement and decided to disband. Two panels of appellate judges were then assigned to draw the House and Senate maps. The maps issued by the panel responsible for the Senate’s district boundary lines were ruled unconstitutional by the Missouri Supreme Court, thus appointing a second Senate Apportionment Commission to redraw the new district boundaries.

Late last month, candidates began filing for various offices, including the 17 seats up for election in the Missouri Senate. Candidates who filed for Senate seats before the map was finalized are allowed to withdraw, pay another filing fee, and re-file in another district until the filing timeframe ends on Tuesday, March 27, at 5:00 p.m.

To view the recently released Senate district boundary maps, click here or visit the Missouri Office of Administration’s redistricting website at oa.mo.gov/bp/redistricting.

The 2012 legislative session will draw to a close at 6:00 p.m. on Friday, May 18.

For a complete list of bills filed this session, please visit the Missouri Senate website at www.senate.mo.gov and click on “List of 2012 Senate Bills” under the Legislation tab.

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, and, when the Legislature is in session, listen to streaming audio of legislative debate as it happens.

Throughout session, you can also utilize the Missouri Senate website to follow the Senate’s legislative accomplishments. On the left-hand side of the screen is a window that states the meeting status of the Senate. You can also listen to live debate, follow dates of committee hearings on the hearing calendar, and view the Senate Journal to keep up with the upper chamber’s work.

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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