JEFFERSON CITY — Much of the time spent in the Missouri Senate this week was used to debate legislation that would change Missouri’s law relating to the Second Injury Fund and address occupational disease within the workers’ compensation system.  However, before lawmakers adjourned for the week, they advanced three measures to the House of Representatives for its consideration.

Legislation Advances to the House

Senators gave their initial approval to a bill earlier this week that would address school accreditation for failing school districts.  Sponsored by Sen. David Pearce, R-Warrensburg, who also chairs the Senate Education Committee, Senate Bill 7 would remove the waiting period between when a school district’s accreditation is removed and when the State Board of Education takes over the school district.  Current state statute requires a two-year waiting period.

Senate Bill 7 would require the state board to review how and when it would govern the school district after the loss of accreditation.  In addition, the legislation would require the Department of Elementary and Secondary Education to hold two public hearings regarding the accreditation status of the district, taking into consideration community resources that could be utilized to assist the school district in its effort to return to an accredited status.  By a unanimous vote, senators sent the measure over to the House for similar consideration.

The Daily Audio/Video Clips for Feb. 6 feature Sen. Pearce and Sen. Jason Holsman, D-Kansas City, discussing SB 7 in the Senate chamber.

Two bills sponsored by Sen. John Lamping, R-Ladue, also advanced to the House of Representatives.  Senate Bill 33 would give individuals with mental disabilities the right to be accompanied by a guide, hearing or service dog without paying an extra charge to access certain areas, provided this individual is liable for any damages done to the premises or facilities by the service dog.  Senate Bill 47 would add adoptive parents to the list of qualified legal guardians of a child who receives subsidies.  A qualified relative is anyone who is related to the child by blood or affinity, as well as any non-related person whose life is so intermingled with the child that the relationship is similar to a family relationship.

The Senate Minute for Feb. 4 includes audio from Sen. Lamping and Sen. Shalonn “Kiki” Curls, D-Kansas City, debating SB 48 on the floor on the Missouri Senate.

Bills Debated by the Full Senate

Senators in the upper chamber began debate on Senate Bill 1, legislation that would change Missouri’s law relating to the Second Injury Fund, which was created to help injured workers when a current work-related injury combines with a prior disability to create an increased combined disability.  The legislation, sponsored by Sen. Scott T. Rupp, R-Wentzville, also addresses occupational disease within the workers’ compensation system. 

The measure would establish priority for paying fund liabilities, starting with expenses relating to legal defense of the fund; permanent, then partial, total disability awards in the order in which they are settled or finally settled by the court system; medical expenses incurred prior to July 1, 2012; and the interest on unpaid awards.  Senate Bill 1 would also institute a funding mechanism to bolster the Second Injury Fund when usual collections are inadequate by increasing the surcharge rate that finances the fund, among other provisions.  Debate on this legislation is scheduled to continue next week.

The Daily Audio/Video Clips for Feb. 5 include Sen. Rupp discussing the SB 1 on the Senate floor, and Sen. Paul LeVota, D-Independence, also speaking about the measure during floor debate on Feb. 6.

Also taken up for consideration in the Senate chamber this week was Senate Bill 21, sponsored by Sen. Bob Dixon, R-Springfield.  The act gives the Missouri Supreme Court the ability to transfer circuit and associate judge positions from one circuit to another as the administration of justice requires. The state’s high court may transfer a judicial position only when a vacancy occurs and must consider certain criteria before determining whether to transfer the position to a new circuit.  However, the supreme court would not be able to alter the existing total number of circuit and associate circuit judge positions.  In the trial courts throughout Missouri, there are 141 circuit judges, 193 associate circuit judges, and 32 commissioners and deputy commissioners. 

Legislation Voted Out of Committee

Senate Bill 106, sponsored by Sen. Dan Brown, R-Rolla, was passed out of the Senate Veterans’ Affairs and Health Committee this week, moving the legislation to the full Senate for possible debate.  The measure would require Missouri public higher education institutions to accept credits for courses that the military awarded to personnel as part of their military training, as long as the courses meet certain standards for academic credit.  Senate Bill 106 would also allow service as a member of the Armed Forces, if satisfactory to the licensing board, to be applied towards qualifications to receive a license or certificate from a professional licensing board.

Legislation authorizing a statewide dental delivering system under MO HealthNet was voted out of the same committee.  Senate Bill 127, sponsored by Sen. David Sater, R-Cassville, would give the MO HealthNet Division within the Department of Social Services, or a contractor of the division, the authority to implement a statewide dental delivery system to ensure recipient participation and access to providers of dental services under the state’s health care plan for low-income and vulnerable citizens. 

The Senate Transportation and Infrastructure Committee earlier this week heard testimony on Senate Bill 182, sponsored by Sen. Mike Kehoe, R-Jefferson City.  The measure would eliminate local use taxes on the sale of motor vehicles, trailers, boats or outboard motors.  However, local sales taxes (rate based on the residency of the buyer) would be imposed on the sale of all of these items, regardless of whether or not the item was purchased in the Show-Me State.  In addition, the legislation would change the local sales tax rate for these items to be the sum of the state sales tax and the local sales tax.  The local tax rate for all other items would be the sum of the state use tax and the local sales tax.  The legislation has since been voted out of committee and referred to the full Senate for possible date.

The Daily Audio/Video Clips for Feb. 6 highlight Sen. Eric Schmitt, R-Glendale, discussing SB 176 and Sen. Ryan McKenna, D-Crystal City, on SB 182 during the Senate Transportation and Infrastructure Committee.

Senate Committees Consider Various Legislation

The Senate Financial and Governmental Organizations and Elections Committee heard testimony this week on Senate Bill 27, sponsored by Sen. Will Kraus, R-Lee’s Summit.  The legislation would require Missourians to show photo identification to cast their vote at the polls.  Accepted forms of photo ID would include a non-expired Missouri driver’s license or a non-expired or non-expiring Missouri non-driver’s license; any ID containing a photo issued by the Missouri National Guard, the U.S. Armed Forces, or the U.S. Department of Veterans Affairs; or a document issued by the United States or the state of Missouri that contains the voter’s name (must match the most recent signature in the voter’s registration records), photo, and an expiration date – if the document is expired, the expiration date must come after the date of the most recent general election. 

Those who are unable to obtain a photo ID because of a physical or mental disability, inability to pay for a document necessary to obtain a photo ID, a religious belief against forms of ID, or if the voter was born before Jan. 1, 1941, may vote using a provisional ballot.  In addition, the act would provide at least one form of ID required to vote at no cost to the voter.  Senate Bill 27 is contingent on the passage of a constitutional amendment establishing voter photo ID.

Also considered in this committee was Senate Joint Resolution 6, sponsored by Sen. Kraus.  This is the resolution that must pass in order for SB 27 to take effect, if signed into law.  Upon voter approval, this constitutional amendment would require anyone seeking to vote in person to identify him or herself as a U.S. citizen and a resident of Missouri by producing a valid, government-issued photo ID.

The Daily Audio/Video Clips for Feb. 4 include Sen. Kraus testifying before the Senate Financial and Governmental Organizations Committee on SB 27 and SJR 6.  The Senate Minute for Feb. 5 also includes audio from Sen. Kraus and Sen. LeVota.

The Joint Committee on Education, chaired by Sen. Pearce, released its revised higher education funding model earlier this week.  Directed by HB 1731 (2012), the joint committee was responsible for developing a model for appropriating funds to public higher education institutions.  The model uses numerous sources, including recent initiatives by higher education institutions and the Department of Higher Education; research for academia, national education policy organizations, and national higher education organizations; archived documents from previous commissions and taskforces; and public testimony heard during the committee’s series of fall hearings held last year. 

According to the revised higher education funding model, the proposal is based on the best practices in public policy and identifies an appropriate level of state support to higher education institutions without working specifically to the benefit or detriment of any individual institution or sector.  The model includes inputs (core operating expenditures) and outcomes (performance measures) — using three-year rolling averages in both core operating expenditure categories and performance funding — and is not controlled by historic funding levels and inflationary increases.  To reflect the differences in each institution while remaining straightforward and transparent, the model reflects institutional needs based on rational, tangible criteria.  To see the most recent higher education funding model, visit www.senate.mo.gov/jced/HigherEdFunding.htm.

Also this week, lawmakers in the Senate General Laws Committee considered Senate Bill 150, sponsored by Sen. Brian Munzlinger, R-Williamstown.  This legislation would make any federal law or executive order that is more restrictive than current firearm law that has been in effect since Dec. 31, 2012, unenforceable.  This would include banning or restricting the possession of a semiautomatic firearm or any ammunition feeding device, or requiring the registration of any respective weapon, device, or accessory.  In addition, Senate Bill 150 would make it a crime for an officer, agent, or employee of the federal, state or local government, or a licensed firearms dealer, to enforce a law or executive order unenforceable by this act when the weapon, device or accessory at issue is manufactured or possessed in Missouri and remains exclusively in the state.

The Daily Audio/Video Clips for Feb. 6 include Sen. Munzlinger testifying before the Senate General Laws Committee on SB 150.

In the Consumer Protection, Energy and the Environment Committee, senators heard testimony on legislation sponsored by Sen. Kehoe.  Senate Bill 207 would allow electric corporations to recover costs for infrastructure replacement projects.  Currently, gas corporations may file a petition with the Public Service Commission (PSC) for rate adjustments to recover costs incurred for infrastructure replacement projects.  This legislation would allow electrical corporations to follow a similar process to recover costs for infrastructure replacement projects, including certain work on electric plants, certain capital projects undertaken to comply with environmental or safety regulations, and costs of relocating facilities due to public works projects.

Mid-week, members of the Senate Transportation and Infrastructure Committee met to hear several bills, including Senate Bill 176, sponsored by Sen. Schmitt.  His measure would designate the new bridge on Interstate 70 crossing the Mississippi River between downtown St. Louis and southwestern Illinois as the “Stan Musial Memorial Bridge,” with cost of the designation to be paid for by private donation.  Musial, a former Major League Baseball player who played for the St. Louis Cardinals for 22 seasons, passed away earlier this year.  The legislation is contingent on the state of Illinois naming its portion of the bridge after this famous Missourian.

In the Senate Education Committee, Sen. Kurt Schaefer, R-Columbia, testified in support of his legislation, Senate Bill 193.  The measure would establish the Advisory Council on the Education of Gifted and Talented Children comprised of individuals with knowledge and experience with the education of gifted and talented children.  In addition, the bill would require the State Board of Education to designate a staff person in charge of gifted and talented education. 

The Daily Audio/Video Clips for Feb. 7 feature Sen. Schaefer speaking to the Senate Education Committee about SB 193.

In the same committee, Sen. Maria Chappelle-Nadal, D-University City, presented Senate Bill 169 to panel members.  When a school district issues bonds, the paperwork must include the amount of debt held by the school district, including bonded indebtedness; the district’s current tax levy; the district’s current bond credit rating; and the annual cost of maintaining any vacant or unused buildings owned by the district.  Senate Bill 169 would require this information to also appear on the ballot when voters authorize a school district bond issuance.

The Daily Audio/Video Clips for Feb. 7 highlight Sen. Chappelle-Nadal discussing SB 169 before the Senate Education Committee. 

Introduction of Bills Continues

Senate Minority Floor Leader Jolie Justus, D-Kansas City, filed her more than 1,000-page measure addressing Missouri’s criminal code.  Senate Bill 253 would create new felony and misdemeanor classes, change various provisions relating to domestic violence, add crimes to provisions addressing repeat offenders, and make various changes to current law relating to sex offenses, intoxication-related offenses, and drug offenses, among other criminal provisions.

The Daily Audio/Video Clips for Feb. 5 feature Sen. Justus introducing SB 253 on the floor of the Missouri Senate.

A measure given bi-partisan support this session was also introduced in the Senate this week.  Senate Joint Resolution 16, sponsored by Sen. Kehoe and co-sponsored by Sen. McKenna, would call for a temporary one-cent sales and use tax to bolster the creation and maintenance of city, county and state transportation needs by raising $7.9 billion in new transportation funding generated during the 10-year life of the temporary sales and use tax.  This tax would not be collected on medicine, groceries or gasoline, and would prohibit the establishment of any toll roads on existing highways.  In addition, the joint resolution would require the Missouri Highways and Transportation Commission to submit an annual report detailing projects, budgets and timelines regarding the use of the new transportation revenue. Upon the General Assembly’s approval, the measure would appear before Missouri voters at the polls.

Sponsored by Sen. Holsman, Senate Bill 277 would establish the Missouri Energy Efficiency Performance Standard.  This measure would require electrical corporations, gas corporations, municipal utilities and rural electric cooperatives to reach specified energy savings dictated by the Missouri Public Service Commission (PSC).  Each corporation must submit to the PSC an annual report with specific information relating to the actions taken by the entity to comply with its respective standard.  The PSC would then produce a report five years after the act’s effective date and every five years after including specific information regarding cost effectiveness, impact on employment, and the level of compliance with the saving requirements.

Senate Bill 282, sponsored by Sen. Jay Wasson, R-Nixa, would increase penalties for moving violations and traffic offenses occurring within an active emergency zone.  Emergency zones are considered areas that are visibly marked by emergency responders on — or around — a highway and where an active emergency or incident removal is temporarily underway.  Anyone convicted of a first moving violation or traffic offense within an active emergency zone would be assessed a fine of $35 in addition to any other fine authorized by law; a second or subsequent offense would result in a $75 fine.  The bill would apply additional fines for passing another vehicle and endangering an emergency responder in an active emergency zone.    

Sen. Scott Sifton, D-Affton, filed a bill this week that would change the requirements for school anti-bullying policies.  Senate Bill 284 would change the definition of “bullying” in state law to include discrimination and to include actions that interfere with a student’s educational performance, opportunities, or benefits, or that interrupt the orderly operation of the school.  The act would also, among other provisions, require a school employee, a student, or volunteer who has witnessed or has reliable information that an employee or student has been discriminated against or harassed to report the incident to school officials. 

The Missouri Senate will convene on Monday, Feb. 11, at 4:00 p.m.  The 2013 legislative session runs until May 17.

To follow these and other issues before the Missouri Senate, visit www.senate.mo.gov.  Visitors can track legislation considered by the General Assembly during the 2013 session, learn more about their legislative district, and listen to streaming audio of legislative debate as it happens on the Senate floor.

For more legislative news, please visit the Senate newsroom at www.senate.mo.gov/newsroom, where you will find various audio and video programs and other informational services, such as:

• Missouri Legislative Update – A video program produced throughout the legislative session and interim that provides an overview of news in the Missouri Senate and House of Representatives.  The program features news interviews with lawmakers conducted by Missourinet’s Bob Priddy and stories on issues concerning Missourians.
• 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.
• The 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.