Capitol Briefing for the Week of Monday, March 26, 2012
Measures Related to Health Care Insurance Coverage of Some Services, DNA Profiling and Vehicle Inspections Delivered to the House
Senate overrides governor’s veto on Workers’ Comp legislation

Before heading back to their respective legislative districts, lawmakers in the Missouri Senate sent several measures over to the House for its consideration this week and debated numerous bills on the Senate floor.

Senators also successfully overrode the governor’s recent veto of a workers’ compensation bill, Senate Bill 572, sponsored by Senate Majority Floor Leader Tom Dempsey, R-St. Charles.  Among other provisions, the legislation addresses protections for co-employees who are at risk of personal lawsuits for their role in honest accidents at work.  A two-thirds vote is needed to override a governor’s veto – that’s 23 in the Senate and 109 in the House.  The vote to override the veto on SB 572 in the Senate was 24-9.  The House must approve the override motion to enact the legislation.

The Senate’s Daily Audio Video Clips for March 28 feature Sen. Dempsey and Senate Minority Floor Leader Victor Callahan, D-Independence, discussing the veto override on the floor of the Missouri Senate.  Click here to watch and listen.

In addition, a Senate bill has received both chambers’ stamp of approval this week and is now headed to the governor for his signature.  Senate Bill 450 changes the length of school board terms for certain school districts in Missouri that became urban districts due to the shift in population after the 2010 census.

From the Senate to the House

Several measures were approved in the Senate this week, sending them over to the House for similar consideration.  These bills include legislation designed to protect consumers who take their vehicles in for emission and safety inspections.

Senate Bill 504, sponsored by the Senate Minority Caucus Secretary, would require official motor vehicle inspection and emission stations to have liability insurance to cover any possible damages to a vehicle during its inspection.

Another measure designed to protect Missouri citizens is Senate Bill 760, sponsored by Sen. Dempsey.  His legislation would give the Missouri Conservation Commission the authority to suspend or revoke hunter permits and privileges for up to 10 years if anyone accidentally kills another person while hunting.  Current law only applies to those who accidentally injure another person while hunting, punishable by suspension or revocation of hunting permits or privileges for up to five years.

Click here to listen to the Missouri Senate’s Daily Audio and Video Clips for March 28, which features Sen. Jason Crowell, R-Cape Girardeau, discussing SB 760 in the Senate chamber.

Senate Joint Resolution 48, sponsored by Sen. Bob Dixon, R-Springfield, would require all meetings of apportionment commissions to be conducted in public.  In addition, the legislation would prohibit these commission members from serving in the General Assembly for 10 years after their service on their respective apportionment commission. 

In 2011, two apportionment commissions, one for the House and one for the Senate, were created to redraw the state’s boundaries for Missouri’s House and Senate legislative districts.  Another Senate apportionment commission was established in 2012 to draft a redistricting map for the upper chamber’s legislative districts after an appellate court panel’s Senate district map was ruled unconstitutional.

Sen. Will Kraus, R-Lee’s Summit, sponsors a measure that would make changes to DNA profiling by the Missouri State Highway Patrol crime lab and the DNA Profiling Analysis Fund.  Among other provisions, Senate Bill 789 would require offenders to provide a DNA sample at the time of registering as a sex offender.  The legislation would also require a DNA sample to be collected from any person found guilty of any felony offense who moves to Missouri pursuant to an interstate compact or similar agreement – an agreement established concerning offenders released under supervision by a parole board from other states.

The Missouri Senate’s Daily Audio and Video Clips for March 27 highlight debate on SB 489, which includes soundbites from Sen. Kraus and Sen. Ryan McKenna, D-Crystal City.  Click here to watch and listen.

In addition to Sen. Kraus’ DNA profiling bill, he is sponsoring Senate Joint Resolution 40, which amends the Missouri Constitution to modify the ban on retrospective laws relating to the state’s DNA profiling system.  More specifically, the resolution, upon voter approval, would create exceptions to the prohibition against laws retrospective in operation (applying to the past) for laws that impose a new obligation, duty, or disability on sex offenders, and laws requiring individuals to provide a DNA sample for analysis and inclusion in the DNA profiling system.

The Senate also gave its final approval to a measure designed to protect religious beliefs against imposition of certain health care services.  Senate Bill 749, sponsored by Sen. John Lamping, R-Ladue, would provide protections for religious beliefs if certain health care services, such as abortion, contraception or sterilization, are sought through a health care plan.

The bill states that no employee or any other person, employer, health plan provider or sponsor, health care provider or any other entity would have to obtain or provide coverage for these certain health care services if these procedures or items are against the person or entity’s religious beliefs or moral convictions.

In addition, the legislation would prohibit any governmental entity, public official or entity acting in a governmental capacity from discriminating against employees, self-employed individuals, health care plans, providers or sponsors, or other entities or individuals for failing to obtain or provide health care coverage for these specific services due to their moral convictions or religious beliefs.

The bill also allows the Missouri Attorney General to bring a civil action when protections regarding religious beliefs or moral convictions pertaining to the provisions in SB 749 have been threatened or violated.

Click here to listen to “The Senate Minute” for March 28, which features Sen. Maria Chappelle-Nadal, D-St. Louis, and Sen. Lamping discussing SB 749 in the Senate chamber.  The Senate’s Daily Audio Video Clips for March 28 also feature Sen. Lamping; Sen. Jolie Justus, D-Kansas City; Sen. Chappelle-Nadal; Sen. Jane Cunningham, R-Chesterfield; and Sen. Luann Ridgeway, R-Smithville, discussing the measure on the floor of the Senate.  Click here to watch and listen.

A bill sponsored by Sen. Brian Munzlinger, R-Williamstown, addresses provisions relating to weapons.  Senate Bill 489 & 637, among other provisions, adopts a grandfather clause for those who were issued a firearms safety training certificate prior to the date the training requirements were increased to obtain concealed carry endorsements.  This legislation allows these certificate holders to receive a concealed carry endorsement without having to retake a training course.

Click here to listen to and watch the Senate’s Daily Audio Video Clips for March 27, which feature Sen. Munzlinger and Sen. Timothy Green, D-Spanish Lake, in the Missouri Senate.

Sponsored by the Senate President Pro Tem, Senate Bill 877 would require each state department to report quarterly certain information about its employees to the General Assembly.  More specifically, departments would have to disclose the number of full-time employees and the geographic location of these employees.  The bill would also require the report to include the number of vacancies over the past quarter and the number of vacancies that were filled over that same time period.

Senate Bill 599 would require school districts to include in their school accountability report cards whether they have a gifted education program.  In addition to this designation, school districts would have to include the percentage and number of students enrolled in this particular program.

Adopted by the Missouri Senate is a measure that promotes the waterways of the Show-Me State.  Sponsored by Sen. Lamping, SCR 17 urges the use of the slogan “The Great Rivers State” by the State of Missouri.

Measures Considered on the Senate Floor

Senators address a measure crafted to bring stability in determining prevailing wage in Missouri.  Senate Bill 439, sponsored by the Senate President Pro Tem, addresses several provisions related to the minimum wage rate — differs by county and different type of work — that is paid to workers on public construction projects in Missouri, such as bridges, roads and government buildings.

The legislation would require calculation of the prevailing wage by using the cost that most closely resembles the occupational title published in the Metropolitan and Non-Metropolitan Area Occupational Employment Wage Estimate published by the U.S. Bureau of Labor Statistics.  Currently, the prevailing wage is determined by the Department of Labor as the hourly rate for a particular occupational title by means of wage surveys.

In addition, SB 439 would not apply in any county that receives federal disaster assistance under a federal disaster declaration for projects that are a result of the disaster.  Construction utilizing prevailing wage includes new construction, enlargement or major alteration of a project.

Click here to listen to “The Senate Minute” for March 29, which features Sen. Callahan debating SB 439 on the floor of the Missouri Senate.

A bill changing certain provisions regarding gubernatorial appointments was brought before the full Senate this week.  Senate Bill 516, sponsored by Sen. Rob Schaaf, R-St. Joseph, would require appointments made by the governor to certain boards, commissions or committees be made with the advice and consent of the Missouri Senate. 

In addition, the measure would require prospective gubernatorial appointees to file a financial statement detailing all political contributions made within a 10-year period prior to their appointment (currently, statements detail contributions made within a four-year period); prohibit an employee or a person on behalf of an employee of the state’s executive branch from requesting an organization or association to recommend a specific individual for membership to a board or commission (written letters of recommendation to the governor must be sent prior to the prospective member’s appointment); and require the governor to give electronic notice to General Assembly at least 30 days before the term ends for an appointed member of any board, commission or committee that is subject to the advice and consent of the Senate.

Click here to listen to “The Senate Minute” for March 27, which features Sen. Schaaf discussing SB 516 on the floor of the Missouri Senate.

Lawmakers in the upper chamber also debated a measure that would regulate the ownership of large exotic animals in the state by changing certain provisions in the Large Carnivore Act and creating the Nonhuman Primate Act. 

Senate Bill 666, sponsored by Sen. Joe Keaveny, D-St. Louis, would remove the clouded leopard from the Large Carnivore Act’s requirements, allow the Department of Agriculture to set the fees for the large carnivore permit and renewal permit, lower the age to 18 for an individual to be eligible for a large carnivore permit, change the amount for the insurance policy required by law of owners or possessors of large carnivores (either $50,000 or amount set by the Department of Agriculture), and expand the permit and microchip requirements for certain owners of large carnivores who held Class C licenses from the U.S. Department of Agriculture.

The measure would also create the Nonhuman Primate Act, prohibiting any person in Missouri from owning, keeping or possessing a baboon or Great Ape without a permit for the animal issued by the Department of Agriculture.  Owners of these nonhuman primates would be required to have their animals microchipped with an identification number, be at least 18 years of age and not have any past violations of state or local animal welfare laws nor pled guilty to or been found guilty of a felony within the last 10 years, and must notify law enforcement immediately if the primate escapes and would be responsible for the costs involved in the capture, among other provisions.

In addition, the legislation would also create penalties for those who violate the act, which would include a Class A misdemeanor, and a Class D felony for those who intentionally release a nonhuman primate.

Click here to listen to “The Senate Minute” for March 27, which features Sen. Keaveny discussing SB 666 in the Senate chamber.

Bills Voted Out of Senate Committees

Legislation up for possible consideration in the Senate in the coming weeks include the following bills, which were approved by their respective committees this week:

  • Senate Bill 475, sponsored by Sen. Lamping, would require the governor and the lieutenant governor candidates be elected jointly, offering no primary election for the position of lieutenant governor.  Once a candidate for governor wins the primary of his or her political party or otherwise is qualified to be a candidate for governor at the general election, the candidate would choose a running mate for lieutenant governor.  The passage of this bill is contingent upon voter approval of a Senate joint resolution amending the Missouri Constitution to require the joint election of governor and lieutenant governor.
  • Senate Joint Resolution 30, also sponsored by Sen. Lamping and mentioned above, would, upon voter approval, require the joint election of the governor and lieutenant governor beginning in the year 2016.
  • Senate Bill 546, sponsored by Sen. Chuck Purgason, R-Caulfield, would impose various campaign contribution limits for candidates running for office.

Click here to listen to “The Senate Minute” for March 26, which features Sen. Purgason and Sen. Jolie Justus, D-Kansas City, discussing SB 546 during the Senate Rules, Joint Rules, Resolutions and Ethics Committee.

  • Senate Bill 548, also sponsored by Sen. Purgason, would change the provisions of several tax credit programs and certain taxpayer’s eligibility for particular tax credit programs, including the Circuit Breaker, Low-Income Housing, and Historic Preservation tax credits.
  • Senate Bill 856 would establish the “Senate Interim Committee on the Disposal of the Missouri Employers Mutual Insurance Company,” made up of five senators who would meet during the interim — the time between legislative sessions — to study whether the company should be sold, privatized or extinguished.
  • Senate Bill 759 would change Missouri’s Renewable Energy Standard, which prescribes certain percentages of electricity sales by electric companies that must come from renewable energy sources.  The act, among other provisions, removes the 2 percent requirement for the years 2011 to 2013, increases the minimum requirement from 5 percent to 7 percent for years 2014 to 2017, and increases the minimum requirement from 10 percent to 12 percent for years 2018 to 2020.  In addition, the legislation removes the current requirement that at least 2 percent of the Renewable Energy Standard must be met with solar energy.
  • Senate Bill 451, sponsored by Sen. Cunningham, would establish the “Sharing of Services and Increasing Efficiencies Act” to allow school districts and other entities to achieve efficiencies.
  • Senate Bill 510, also sponsored by Sen. Cunningham, would require county assessors to consider foreclosures, bank sales, and the average time homes remain on the market when establishing the value of parcels of real property for property tax purposes.
  • Senate Bill 753, sponsored by Sen. Brian Nieves, R-Washington, would allow students to enroll in another school district or charter school for the purposes of attending virtual classes or programs.

Click here to listen to “The Senate Minute” for March 29, which features Sen. Munzlinger discussing SB 735 during the Senate Education Committee.  The Senate’s Daily Audio and Video Clips also include Sen. Nieves discussing the legislation during the committee hearing.

  • Senate Bill 625, sponsored by Sen. Mike Kehoe, R-Jefferson City, would change how certain retirement benefits are transferred when employees move between certain retirement systems.
  • Senate Bill 661 would create a phased-in individual income tax deduction for business income and reduce the corporate income tax rate over a five-year period.
  • Senate Bill 675, sponsored by Sen. Jason Crowell, R-Cape Girardeau, would repeal provisions of the Missouri property tax credit, also known as the Circuit Breaker tax credit, which allows renters to receive the property tax credit for rent constituting taxes paid.
  • Senate Bill 911, sponsored by Sen. Ridgeway, would prohibit employers from using the last four digits of an employee’s Social Security number as his or her employee identification number.  Currently, Missouri law prohibits the entire Social Security number from being used for an employee’s identification number.

The Missouri Senate stands adjourned until 4:00 p.m. on Monday, April 2, 2012.

To see the Senate’s weekly schedule or view a complete list of bills filed this year, among other information pertaining to the 2012 legislative session, please visit the Missouri Senate website at www.senate.mo.gov.

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.

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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