Capitol Briefing:
Week of Feb. 18, 2013
Winter Weather Cuts Legislative Week Short
Senate Advances Legislation to House and Moves Bills Forward in Upper Chamber

JEFFERSON CITY – Legislative work was cut short mid-week with winter weather affecting lawmakers throughout the state who usually travel back home upon conclusion of their work in Jefferson City.  Before the winter storm struck the Show-Me State, the upper chamber gave first-round approval to a measure that would train and educate students about gun safety.  In addition, lawmakers in the Senate were able to send legislation to the House relating to administrative child support orders and a database for workers’ compensation claims, as well as a measure that would reinstate local taxes on vehicles bought from other states or sold between Missouri citizens.    

House Receives More Legislation from the Senate

The Senate earlier this week gave its final approval to Senate Bill 182, sponsored by Sen. Mike Kehoe, R-Jefferson City.  The chairman of the Senate Transportation and Infrastructure Committee is carrying legislation through the General Assembly that would prohibit counties and municipalities from imposing a local use tax on the sale of motor vehicles, trailers, boats or outboard motors.  However, local sales taxes on these items, determined by the residence of the buyer, would be imposed, regardless of whether the item was purchased in the Show-Me State.  The rate of tax for motor vehicles, trailers, boats and outboard motors sold at retail would be a sum of the state sales tax and the local sales tax; the rate of all other sales of these items would be the sum of the state highway use tax and the local sales tax.  If SB 182 is signed into law, the local use tax implemented by this legislation would go before a vote of the people regarding whether to discontinue collection of sales tax on non-retail sales of motor vehicles.

Legislation sponsored by Sen. Joseph Keaveny, D-St. Louis, would modify provisions of state law relating to administrative child support orders.  Senate Bill 69 would grant administrative hearing officers from the Department of Social Services the ability to set aside or correct administrative child support decisions or orders and proposed administrative modifications of a judicial order. The bill sponsor explained during debate that the legislation would allow officials to be more efficient and effective by correcting certain errors in child support orders, which would otherwise have to be reheard in court.

To help prevent deceptive business practices, Sen. Jay Wasson, R-Nixa, is sponsoring legislation that would prohibit florists from using a geographic reference, such as a city’s name, in their business’s name or advertising — including telephone directories, on the Internet, or in print advertisements — if it is not physically located in that location.   Senate Bill 101 would require florists to specify a local telephone number for when listing their business in a print or online directory or when advertising their companies.  Violating this act would be considered an unlawful merchandising practice and may result in prosecution.

A measure that would require the Division of Worker’s Compensation to develop and maintain a database for specific claims also received the upper chamber’s approval this week.  Senate Bill 34, sponsored by Sen. Mike Cunningham, R-Rogersville, would require the creation of a workers’ compensation claims database that is searchable by an employee’s name and Social Security number.

Senate Bills Granted Initial Approval

Senate Bill 75, sponsored by Sen. Dan Brown, R-Rolla, would allow school districts and charter schools in Missouri to provide training and education about firearms safety and address potentially dangerous or armed intruders.  The act would establish the Active Shooter and Intruder Response Training for Schools Program (ASIRT), which would allow schools in the Show-Me State to annually train teachers and employees on how to respond to students with information about a threatening situation and how to address a potentially dangerous individual, armed intruder or active shooter in or on the school’s property.  In addition, each school would be permitted to teach the Eddie Eagle Gunsafe Program, or a similar program promoting safety and protection of children and emphasizing how students should respond if they encounter a firearm, to first grade students each year.  The bill states that firearms would be prohibited from use in the program.  The legislation needs final approval before moving on to the House for further debate.

The Senate Daily Audio/Video Clips for Feb. 19 include debate on the Senate floor from Sen. Brown; Sen. Maria Chappelle-Nadal, D-University City; and Sen. Jason Holsman, D-Kansas City, regarding SB 75. 

A measure sponsored by Sen. Brian Munzlinger, R-Williamstown, would exempt farm work performed by children under the age of 16 from certain child labor requirements.  Senate Bill 16 would allow young Missourians working on their family farms to operate and maintain power-driven machinery, climb ladders, and operate certain farm vehicles, among other jobs.  These individuals would also be allowed to work on other family farms with the knowledge and consent of their parents. 

Senate Bill 176 & 192, sponsored by Sen. Eric Schmitt, R-Glendale, and Sen. John Lamping, R-Ladue, respectively, would designate the new bridge on I-70 crossing the Mississippi River as the “Stan Musial Memorial Bridge.”  The legislation would also designate a portion of I-70 leading up to the Illinois border as the “Andy Gammon Memorial Highway.”  Gammon lost his life while working on construction of the bridge.  During debate, the bill sponsor told his colleagues that the namesake for the bridge was appropriate as the infrastructure both welcomes visitors to the area and connects communities together.  The portion of the legislation naming the bridge is contingent upon Illinois designating its portion of the bridge after the former Missouri Cardinal baseball legend.

Measures Approved by Legislative Committees

Senate Bill 199
, sponsored by Sen. Chappelle-Nadal, was voted out of the Seniors, Families and Pensions Committee this week, moving it to the full Senate for possible debate.  Her legislation would require the Department of Health and Senior Services to encourage all state licensed long-term care facilities to institute policies that promote a person’s involvement in the well-being and support of a family member who is a resident of a long-term care facility. 

Members of this same committee also approved Senate Bill 208, sponsored by Senate Minority Floor Leader Jolie Justus, D-Kansas City.  The legislation would raise the age limit from 18 to 21 for individuals to petition the court to return to the custody of the Children’s Division within the Department of Social Services, if it is in the youth’s best interest. 

Voted out of the Senate Rules, Joint Rules, Resolutions and Ethics Committee this week was Senate Concurrent Resolution 2, sponsored by Senate Majority Floor Leader Ron Richard, R-Joplin.  His resolution directs the State Historical Society of Missouri to develop plans to commemorate and celebrate the State of Missouri’s bicentennial.  The Show-Me State was formally admitted into the Union of the United States of America on Aug. 10, 1821.  Resolutions like SCR 2 commemorate events that draw attention to the passage of historical milestones and generate interest when documenting and celebrating events such as Missouri’s bicentennial, which will occur in 2021.

In the Senate Transportation and Infrastructure Committee, members voted out Senate Bill 73, sponsored by Sen. Kurt Schaefer, R-Columbia.  The legislation would prohibit law enforcement agencies from establishing roadblock patterns based on particular vehicle types, such as motorcycle-only checkpoints.  However, law enforcement agencies may establish roadside checkpoints that only stop and check commercial motor vehicles. 

Legislation creating the Missouri Export Incentive Act was approved by members of the Jobs, Economic Development and Local Government Committee this week.  Senate Bill 120, sponsored by Sen. Schmitt, would change provisions relating to taxation and economic incentives, including data storage tax incentives, low-income housing tax credits, the Neighborhood Preservation Act, the self-employed health insurance tax credit, historic preservation, and Brownfield Remediation tax credits.  In addition, the bill would create the Missouri Export Incentive Act that would authorize air export tax credits for freight forwarders to qualifying outbound flights from the Lambert - St. Louis International Airport.

Senate Bill 207, sponsored by Sen. Kehoe, was approved by the Commerce, Consumer Protection, Energy and the Environment Committee. Currently, gas corporations may file a petition with the Public Service Commission for rate adjustments to recover costs incurred for infrastructure replacement projects. This bill would allow electrical corporations to follow a similar process to recover costs for infrastructure replacement projects. The types of costs that could be recovered include certain work on electric plants, certain capital projects undertaken to comply with environmental or safety regulations, and costs of facilities relocation due to public works projects.

Senate Committees Consider Legislation

In the Senate Judiciary and Civil and Criminal Jurisprudence Committee, panel members heard testimony on Senate Bill 84, sponsored by Sen. Scott T. Rupp, R-Wentzville.  His legislation would provide medical freedom of conscience protection for medical professionals, such as a doctor or nurse, and health care institutions with respect to the provision and participation of specialized medical procedures or research, such as performing abortions or sterilization — when not medically necessary — procedures, or prescribing abortion-inducing drugs or contraception, among other specified medical services.  The legislation would prevent any medical professional or health care institution from being civilly, criminally or administratively liable for declining to participate in or provide specified medical procedures or research that violates the professional’s or institution’s religious, moral or ethical principles. 

Also considered by this committee was Senate Bill 126, sponsored by Sen. David Sater, R-Cassville.  Identical to legislation filed last year, the act states that Missouri licensed pharmacies would not be required to carry or maintain an inventory of any prescription or nonprescription drug or device.

Senate Bill 94, considered by members of the Senate Financial and Governmental Organizations and Elections Committee, would allow Missouri voters to cast advance ballots at central voting locations and satellite sites effective Jan. 1, 2014, beginning the third Wednesday prior to an election between 7:00 a.m. and 7:00 p.m., and until 12:00 p.m. on Saturdays.  The legislation, sponsored by Sen. Justus, would require election authorities to consider geographic location and demographics of the registered voters from the previous election to ensure nondiscrimination and provide adequate notice of the central locations and the satellite sites that are selected for advance voting places.  Committee members also heard Senate Bill 145 — sponsored by Sen. Gina Walsh, D-Bellefontaine Neighbors — a similar measure that would also create an advance voting system for elections.

The Senate Daily Audio/Video Clips for Feb. 19 feature Sen. Justus presenting SB 94 before members of the Senate Financial and Governmental Organizations and Elections Committee. 

This same committee heard testimony on Senate Bill 135, sponsored by Sen. Sater.  His legislation would require a newly formed Fair Ballot Commission to approve fair ballot language and ballot summary statements.  Currently, the Missouri Secretary of State prepares fair ballot language statements that describe ballot measures; these statements are then posted at polling places next to the sample ballot.  The act would require the Secretary of State to submit the language to an eight-member commission consisting of licensed attorneys in Missouri appointed by majority and minority leadership from both legislative chambers, along with one private citizen of the state who is not an attorney, for approval.  Ballot summary statements, which are a part of the official ballot title, would also be approved by the Fair Ballot Commission.

Senator Schmitt presented Senate Bill 177 to members of the Senate Financial and Governmental Organizations Committee that would move the date of the presidential primary in Missouri from the first Tuesday after the first Monday in February to this same date in March.

The Senate Daily Audio/Video Clips for Feb. 19 highlight Sen. Schmitt testifying in support of SB 177 in the Senate Financial and Governmental Organizations Committee. You can also listen to commentary from Sen. Schmitt and Sen. Justus regarding SB 177 in the Senate Minute from Feb. 19.

A measure sponsored by Sen. Chappelle-Nadal would repeal provisions passed in 2008 state law relating to unauthorized and unlawfully present immigrants.  Senate Bill 203 was heard in the Senate Seniors, Families and Pensions Committee and addresses:

  • Law enforcement’s training and enforcement of federal immigration laws,
  • Municipalities that provide sanctuary to illegal immigrants when they are in present violation of federal immigration laws,
  • State and local public benefits for illegal immigrants,
  • Employment of illegal immigrants and misclassification for employees, and
  • Transporting or harboring any illegal immigrant, among other provisions. 

The Senate Daily Audio/Video Clips for Feb. 19 showcase Sen. Chappelle-Nadal and Sen. Gary Romine, R-Farmington, discussing SB 203 in the Senate Seniors, Families and Pensions Committee.   

In the Senate Small Business, Insurance and Industry Committee, panel members considered Senate Bill 160, sponsored by Sen. David Pearce, R-Warrensburg.  His legislation would require insurance companies to provide coverage for the diagnosis and treatment of eating disorders beginning Jan. 1, 2014.  The act would prohibit health carriers from denying eligibility or continued coverage to an individual who is in need of treatment of an eating disorder, in accordance with the Practice Guidelines for the Treatment of Patients with Eating Disorders.  Senate Bill 160 would require the insurer to provide access to psychiatric and medical treatment under the plan and provide coverage for integrated care and treatments as prescribed by health care professionals, including nutrition counseling, physical therapy, dietician services, and medical and psychiatric monitoring.    

Legislation that would require all state buildings and state parks to display the Honor and Remember flag as an official recognition and in honor of fallen members of the U.S. Armed Forces was considered in the Senate General Laws Committee this week.  Senate Bill 218 is sponsored by Sen. Paul LeVota, D-Kansas City.

A Senate joint resolution was also heard by members of the Senate General Laws Committee this week.  Senate Joint Resolution 14, sponsored by Sen. Schaefer, would, if approved by Missouri voters, modify provisions of the state’s constitution regarding the right to keep and bear arms.  More specifically, SJR 14 states a citizen has the right to keep and bear arms in defense of his or her family, in addition to the current rights to defend his or her home, property and themself.  This amendment would remove language in the Missouri Constitution stating that the right to keep and bear arms does not justify the wearing of concealed weapons.  Finally, the amendment states that the rights guaranteed under this provision of the constitution are inalienable and that the state of Missouri is obligated to uphold these rights and, under no circumstance, decline to protect citizens against their infringement. 

The Senate Transportation and Infrastructure Committee considered Senate Joint Resolution 16, sponsored by Sen. Kehoe. If approved by Missouri voters, the initiative would raise the state sales and use tax by one percent for a period of 10 years. The proceeds from the additional sales and use tax would be used for transportation purposes. The temporary sales and use tax measure must be resubmitted to the voters every 10 years, until such measure is defeated.

The Senate Minute for Feb. 20 features commentary from Sen. Kehoe and Sen. Ryan McKenna, D-Crystal City, regarding SJR 16.

Deadline Approaches for Filing Senate Bills

With a Feb. 28 deadline to file legislation for the 97th General Assembly, First Regular Session, lawmakers in the Senate are beginning to introduce their final measures in the upper chamber.

  • Senate Bill 333 – sponsored by Sen. Ryan Silvey, R-Kansas City, would reauthorize and modify provisions relating to the Qualified Research Expenses tax credit.  The tax credit, which expired in 2004, is designed to induce existing businesses to increase their research efforts in Missouri by offering tax credits.  This legislation would entitle a taxpayer to an income tax credit, limited to certain research areas, up to 6.5 percent of the qualified research expenses in excess of the average qualified research expenses over the prior three years. 
  • Senate Bill 337 – sponsored by Sen. Sater, addresses the sale of tobacco products to individuals under the age of 18.  Currently, no person is allowed to sell tobacco to minors.  This legislation would ban the sale of tobacco-derived and vapor products to minors, such as electronic cigarettes, and extends penalties for selling tobacco products to minors to include tobacco-derived and vapor products. 
  • Senate Bill 338 – sponsored by Sen. Romine would modify provisions relating to correctional treatment programs for offenders who are under the age of 18.  Current state law requires the Department of Corrections to establish correctional treatment programs for offenders under the age of 17; offenders who are under the age of 17 must be separated from those who are 17 or older.  This measure changes the age of the offenders in the program to under the age of 18 and provides that offenders who are under 18 must be separated from those who are 18 or older. 
  • Senate Bill 339 – also sponsored by Sen. Romine, would establish the Missouri Works Training Program, which would combine several existing job training programs and modify the eligibility requirements for the program.  The act would also remove the in-person requirement for those individuals claiming unemployment compensation to an office of the Division of Employment Security, allowing them to report their claim online or by other means as determined by the division. 
  • Senate Bill 344 – sponsored by Sen. Mike Parson, R-Bolivar, would require the Department of Elementary and Secondary Education to issue an annual report card for each public school rating the school with a grade of A, B, C, D or F.  The “Parent and Community School Information Act” would base the grades on an individual attendance center’s performance on the Missouri School Improvement Program standards.
  • Senate Bill 346 – sponsored by Sen. Shalonn “Kiki” Curls, D-Kansas City, would allow an individual who has a felony conviction under federal or state law involving precession or use of a controlled substance to be eligible for food stamps under certain circumstances determined by the Department of Social Services. 
  • Senate Bill 349 – sponsored by Sen. LeVota,  would, beginning Jan. 1, 2014, extend benefits under the MO HealthNet program to individuals age 19 or older and younger than 65 who are not otherwise eligible for Mo HealthNet services; qualify for these health services under the Affordable Care Act of 2010; and who have income at or below 133 percent of the federal poverty level, plus 5 percent of the applicable family size. 

The Missouri Senate will convene on Monday, Feb. 25, at 4:00 p.m. The 2013 legislative session runs until Friday, 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.