JEFFERSON CITY - Tuesday, Aug. 28, marked the date that a large number of measures passed by the Missouri Senate during the 2012 regular session officially became law. For the measures listed below, this was the final step in the legislative process.

Higher Education

The quality and affordability of higher education in the Show-Me State is of great important to Missouri senators.

Senate Bill 563, sponsored by Sen. Bob Dixon, R-Springfield, requires the board of the Missouri Higher Education Savings Program to study investment plans of other states; gives the University of Missouri Board of Curators the authority to award funds for research projects to advance knowledge in the area of Alzheimer's disease and related disorders; and encourages K-12 students to participate in the fields of mathematics, science, technology, and engineering.

Senate Bill 563 also creates the Higher Education Capital Fund, implemented from a provision sponsored by Sen. Timothy Green, D-Spanish Lake. The provision allows the General Assembly to appropriate money that would provide matching funds to public universities or colleges in Missouri. To receive matching funds, the institution must raise 50 percent of the cost of the capital project from private donations or grants. Funding cannot be used toward athletic facilities, parking structures, or student housing. In addition, institutions cannot use operating budget funds, tuition, fees, bond revenues, or state appropriations to produce their portion of the capital project’s cost. 

Most provisions found within SB 563 took effect Aug. 28.

Another measure drawing light to higher learning is HB 1042, handled in the upper chamber by the Senate Education Committee chairman.

The measure allows the Coordinating Board for Higher Education (within the Department of Higher Education) to require all public two- and four-year higher education intuitions to identify and remove practices that have been found to be ineffective in preparing for or delay students from enrolling in college-level courses. In addition, the measure authorizes the board to require two- and four-year institutions to create a statewide core transfer library of at least 25 lower-division courses that are transferable among all public higher education institutions. With the creation of this library, which must be completed by July 1, 2014, fewer transfer students would have to retake classes they’ve already completed at other learning establishments.

Missouri Charter Schools

Elementary and secondary education also topped lawmakers’ legislative agendas in 2012.

Senate Bill 576 expands educational opportunities for Missouri students and helps at-risk students with earning a high school diploma. More specifically, the legislation allows charter schools to operate in unaccredited districts, in addition to the St. Louis City and Kansas City school districts.

As long as the charter school is sponsored by its local school board, it can operate in an accredited district without provisions. However, a local school board with an enrollment of 1,550 students or more cannot enroll more than 35 percent of its enrollment in charter schools it sponsors.

The legislation also allows proposed or existing high-risk or alternative charter schools to include alternative arrangements for students to obtain credits for satisfying graduation requirements in the charter application and charter. Such arrangements include credit for off-campus instruction, embedded credit, work experience, independent studies, and performance-based credit options.

Click here to listen to “This Week in the Missouri Senate” from Aug. 17, which highlights lawmakers’ dedication to education. Included in this report are Sen. Brian Nieves, R-Washington, and Sen. Joseph Keaveny, D-St. Louis.

Protecting the Well-Being of Missouri Children and Families

Families in the Show-Me State can look forward to a more secure future with the enactment of HB 1323, which was handled in the Senate by Sen. Scott T. Rupp, R-Wentzville. The legislation tackles many aspects regarding the family unit.

Low-Wage Trap Elimination Act: To help Missouri families gradually transition off welfare while ensuring their young ones are safe, HB 1323 creates the Low-Wage Trap Elimination Act, which requires the Children's Division within the Department of Social Services to implement a child care subsidy benefit pilot program in at least one rural county and in at least one urban child care center that serves at least 300 families by Jan. 1, 2013, to be known as the “Hand-Up Program.”

The voluntary program prevents a participating recipient from facing a sudden loss of full child care benefits, should his or her income rise above the maximum allowable monthly income for individuals to receive full child care benefits.

This provision is identical to the perfected version of SB 727, sponsored by Sen. Rob Schaaf, R-St. Joseph, during the 2012 legislative session.

Sam Pratt’s Law: This provision was named after William “Sam” Pratt, who, at the age of 2 months, died after alleged abuse at his day care. Sam Pratt’s Law states that in any case involving the abuse, neglect, or death of a child, a judge may prohibit a defendant, as a condition of his or her release, from providing child care services for compensation, pending final disposition of the case.

Hotline Calls and Investigations: A provision in HB 1323, sponsored by Sen. Jay Wasson, R-Nixa, states that in a case involving the death or serious injury of a child after a report has been made, the Children's Division must conduct a preliminary evaluation in order to determine whether a review of the ability of the circuit manager or case worker or workers to perform their duties competently is necessary.

Addressing Yellow Light Standards and the “Move Over” Law

Senate Bill 611 aims to make Missouri roadways safer for motorists, pedestrians, and road workers. Among other provisions, the legislation requires the Department of Transportation to establish minimal yellow light change interval times for stoplights and other traffic-control devices. The interval time between a yellow light and red light must be established in accordance with nationally recognized engineering standards set forth in the Manual on Uniform Traffic Control Devices, and the interval time cannot be less than the recognized national standard.

In addition, SB 611 amends the state’s “Move Over” law so that drivers who approach stationary emergency vehicles or vehicles owned by the commission and operated by Department of Transportation employees displaying amber or amber and white lights must proceed with caution by making a lane change away from the stationary vehicle, if possible.

Missouri’s Judicial System

An omnibus judicial bill (SB 636), sponsored by Sen. Keaveny, addresses numerous provisions regarding the state’s judiciary system.

Qualified Spousal Trusts: Currently, trusts that hold a certain kind of property owned by a husband and a wife are considered a qualified spousal trust if the property is held in one trust or the property is held in two separate shares of one trust. Senate Bill 636 allows a trust to be considered a qualified spousal trust if the trust consists of both property held in one trust for both spouses and property held in two shares of one trust for each spouse.

Videoconferencing of Probation and Parole Hearings: Under the legislation, the board of probation and parole, or a hearing panel of such board, is allowed to conduct hearings with offenders via videoconference. The offender or the victim may object to the use of videoconferencing and, upon such objection, the hearing will be conducted in person.

Joint Committee on Child Abuse and Neglect: This panel is required to:

• Study and analyze the state’s child abuse and neglect reporting and investigation system;
• Devise a plan for improving the decision process for removal of a child from a home;
• Determine the additional personnel and resources necessary to adequately protect children and improve their welfare; and
• Address the need for additional foster care homes and to improve the quality of care provided to abused and neglected children in the custody of the state.

Encouraging Economic Development in the Show-Me State

To bring business opportunities to one of Missouri’s largest cities, HB 1659, handled in the upper chamber by Senate Minority Floor Leader Victor Callahan, D-Independence, authorizes Kansas City to create a land bank agency by adopting an ordinance or resolution.

All property held by a land trust that is within Kansas City is required to be transferred to the land bank within a year after the city adopts the ordinance or resolution creating the land bank agency. Land bank property and income are exempt from state and local taxes. Additionally, the land bank is authorized to acquire property by gift, transfer, exchange, foreclosure, or purchase.

Addressing Criminal Offenders

Handled in the upper chamber by Sen. Jack Goodman, R-Mt. Vernon, HB 1525 addresses probation, parole, and conditional release for criminal offenders in Missouri.

Under the legislation, the Division of Probation and Parole is required to award earned compliance credits to offenders placed on probation, parole, or conditional release beginning Oct. 1, 2012. The credits are equal to 30 days of time served for every calendar month the offender remains in compliance with the terms of probation, parole, or conditional release.

House Bill 1525 also allows the division to place offenders in jail for short periods of time when a probation and parole officer believes an offender has violated a condition of release, unless the offender's order of release includes detention as a condition of the probation or parole.

In addition, the act creates the Sentencing and Corrections Oversight Commission, a 13-member commission to oversee and calculate the effects of the act.

The legislation follows a report issued by the Missouri Working Group on Sentencing and Corrections in 2011 that Missouri’s prison population has doubled and spending for corrections has tripled in the past 20 years.

Among other recommendations, the panel focused on strengthening community supervision and addressing revocations to prison for violations of probation and parole. In addition to Sen. Goodman, Sen. Jolie Justus, D-Kansas City, and Sen. Mike Parson, R-Bolivar, served on the panel.

Another panel, the Joint Interim Committee on the Missouri Criminal Code, is charged with conducting a comprehensive review of the Missouri Criminal Code and the Missouri Bar Association's recommendations for revising the code; examining any other relevant issues; and recommending ways to improve the cohesiveness, consistency, and effectiveness of the state's criminal laws. The panel, which includes Sen. Justus (co-chair), Sen. Dixon, and Sen. Parson, was created with the passage of SCR 28 this year.

Click here to listen to “This Week in the Missouri Senate” from Aug. 17, which reviews provisions of HB 1525. Included in this report are Sen. Nieves and Sen. Keaveny.

The governor had until July 14 to give executive action on legislation. If a bill received neither a signature nor veto, that measure automatically became law on its effective date.

Click here to listen to “The Senate Minute” from Aug. 28, which highlights measures that were enacted into law. Featured in this report are Sen. Dixon and Sen. Keaveny.

To see a full list of measures passed by the Missouri Senate, visit www.senate.mo.gov and click on the “Legislation” tab at the top of the page.

Extreme Drought and Heat Concern Missouri Officials: Low-Interest Loans Available

On July 23, a state of emergency was declared for Missouri, on account of record-breaking heat and drought that has plagued much of the nation throughout 2012.

Missouri officials, particularly those who represent areas dependent on agriculture, have expressed concerns for farmers and ranchers, as well as small businesses that rely on the agriculture industry.

On Aug. 1, it was announced that the U.S. Small Business Administration (SBA) is offering low-interest disaster loans to small, non-farm businesses in all 114 Missouri counties, including the City of St. Louis. These businesses thrive off the success of agriculture — Missouri’s No. 1 industry — and because of the severe lack of rain and heat, have suffered losses this year.

The SBA pointed out that specified small, non-farm businesses may qualify for loans of up to $2 million to help meet financial obligations and operating expenses that could have been met if the disaster had not occurred. Applicants can apply online at disasterloan.sba.gov/ela.

Click here to listen to “This Week in the Missouri Senate” from Aug. 3, which details the concerns of drought and heat. Included in this report are Sen. Brian Munzlinger, R-Williamstown, and Sen. Keaveny.

Missouri Supreme Court Decision on Liability Caps

On July 31, the Missouri Supreme Court overturned HB 393, a measure signed into law in 2005 that addressed medical malpractice lawsuits and claims for damages, among other provisions. The act specified that the cap on non-economic damages for all plaintiffs is $350,000, irrespective of the number of defendants.

The court, in a 4-3 decision, stated that the cap on non-economic damages violates the right to trial by jury (guaranteed in the Missouri Constitution) by capping non-economic damages.

A component in tort reform, proponents of HB 393 stated that the measure would reign in medical malpractice premiums for health care professionals and would make health care more attainable for Missourians. Opponents of the act stated that the bill would leave many people who were left injured or disabled in a malpractice case unable to pay for treatment or other services they need.

Click here to listen to “This Week in the Missouri Senate” from Aug. 10, which highlights senators’ opinions on the court decision. Senator Dixon and Sen. Green are featured in this report.

Bi-Partisan Missouri Tax Credit Review Commission to Update Tax Credit Report

Throughout FY 2012, Missouri’s 61 tax credit programs have seen a record amount of redemptions. As a result, members of the Bi-Partisan Missouri Tax Credit Review Commission have been called upon to update the original report that was released in November 2010. Between FY 2010 and FY 2012, redemptions of state tax credits increased by 15.4 percent.

The panel was created in 2010 and was charged with reviewing each of Missouri’s 61 tax credit programs and making recommendations for greater efficiency and enhanced return on investment.

Missouri senators on this panel include Sen. Justus and Sen. Robin Wright-Jones, D-St. Louis. The panel is scheduled to meet on Wednesday, Sept. 12, at the State Capitol.

Veto Session Approaches

Every year, the Missouri Legislature has the opportunity to override vetoes the governor may have given to legislation.

The Missouri 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. This year, veto session is slated to begin at noon on Wednesday, Sept. 12, and could last until Friday, Sept. 21.

Only the primary sponsor or handler of a bill on that specific measure can make the motion to override the governor’s veto. In turn, in order to override a governor’s veto, two-thirds of the members of both chambers must vote in favor of the override — that’s 23 members in the Senate and 109 members in the House.

To follow these and other issues facing the Missouri Senate, visit www.senate.mo.gov. Visitors can track legislation considered by the General Assembly during the 2012 legislative session, learn more about their legislative 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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