| Capitol Briefing: Week of March 4, 2013 |
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Individual and Corporate Income Tax Measure
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JEFFERSON CITY – This week in the Missouri Senate, legislators advanced a bill that includes various individual and corporate income tax reforms. In addition, senators considered legislation that addresses how dues and fees taken from certain public employees’ paychecks are used. Lawmakers in the Senate also gave their final approval to numerous bills this week before concluding their legislative work and heading back to their Senatorial districts. Such legislation would make it more difficult for thieves to get money for stolen copper and metal, make it easier for certain licensed health care professionals to offer their volunteer services, protect employees’ personal online information, and allow youth to re-enter foster care services. Legislation Delivered to the House Nearly 20 measures advanced on to the House of Representatives after receiving final passage in the Senate this week. Senate Bill 127, sponsored by Sen. David Sater, R-Cassville, was among those bills. His measure would give authority to the MO HealthNet Division within the Department of Social Services to implement a statewide dental delivery system. This system would ensure recipient participation and access to providers of dental services under the state’s program that purchases and monitors health care services for low-income and vulnerable citizens in the Show-Me State. Senate Bill 164, sponsored by Sen. Gina Walsh, D-Bellefontaine Neighbors, would protect employees’ personal user names and passwords. Under the bill, employers would not be able to request or require their employees or those individuals applying for jobs to disclose any user name or password for accessing personal online accounts or services. However, employers would be able to request or require an employee to disclose such information to access electronic devices supplied or paid for by the employer and accounts and services provided by the employer and used for business purposes. The Senate’s Daily Audio/Video Clips for March 5 include Sen. Walsh discussing SB 164 in the Missouri Senate chamber. Also receiving the Senate’s final approval is Senate Bill 193, sponsored by Sen. Kurt Schaefer, R-Columbia. His measure would create the Advisory Council on the Education of Gifted and Talented Children and designate staff on the State Board of Education that would be responsible for education programs for this segment of Missouri children. The legislation requires the collection and maintenance regarding annual growth in learning data submitted by schools and the identification of potential funding sources for the education of these gifted and talented children. Legislation sponsored by Sen. Will Kraus, R-Lee’s Summit, would add catalytic converters to the types of scrap metal required for documentation by scrap dealers. Currently, these dealers must keep documentation of transactions involving certain metals. Senate Bill 102 would add these catalytic converters (vehicle emissions control devices), manhole covers, and wire owned and marked by various communication and utility providers to the types of metal requiring documentation. Records maintained by scrap metal dealers involving these additional items must be kept regardless of the dollar value of the scrap. Similar legislation designed to address copper theft in the state also advanced in the Senate this week. Senate Bill 157, sponsored by Sen. Sater, would strengthen documentation requirements for transactions where junk or scrap metal is sold or traded. The records for all scrap metal transactions must include the seller’s license plate number, gender, birth date and a photograph of the seller (if the picture is different than the one included on the photo ID required under current law to sell or trade scrap metal), as well as a full description of the metal by weight and purchase price. Beginning Jan. 1, 2014, these documents must be kept in an electronic format that can be transmitted to law enforcement agencies and is accessible to law enforcement authorities. The legislation changes violation of documentation requirements from a Class A to a Class B misdemeanor. In addition, SB 157 would prohibit scrap yards from purchasing metal that can be identified as belonging to a cemetery, telecommunications or cable provider, or various utilities and co-ops, unless the seller has written permission from the respective entity. Any person convicted of purchasing prohibited scrap metal would be guilty of a Class B misdemeanor. The Senate’s Daily Audio/Video Clips for March 6 include Sen. Sater speaking on SB 157 in the Missouri Senate chamber. Also sponsored by Sen. Sater, Senate Bill 129 establishes the Volunteer Health Services Act that would allow licensed health care professionals to provide volunteer services for a sponsoring organization. Under the bill, volunteers would not be liable for any civil damages resulting from their service, unless they had a conscious disregard for the safety of others or there was willful misconduct. In addition, the volunteer would not be able to receive any form of direct or indirect compensation, benefits or consideration for his or her health care services. Before health care professionals can provide their volunteer services, the sponsoring organization would have to register with the Department of Health and Senior Services and pay a $50 fee. A measure that would prohibit roadside checkpoints based on certain vehicles also received final approval in the Senate this week. Senate Bill 73, sponsored by Sen. Schaefer, would prohibit law enforcement agencies in Missouri from establishing roadside checkpoints based on a particular type of vehicle, including motorcycles. However, law enforcement would be able to set up checkpoints that only stop and check commercial motor vehicles. Senate Bill 18, sponsored by Sen. Brian Munzlinger, R-Williamstown, is a measure filed this session designed to address transparency in state government. Among other provisions, the legislation would require agencies to track federal fund usage of at least $1 million on the Missouri Accountability Portal, political subdivisions and charter schools to disclose bonds and other debts, and the governor to report the release and withholding of public funds. The bill also removes the auditor from the Board of Fund Commissioners. The Senate’s Daily Audio/Video Clips for March 5 highlight Sen. Munzlinger during debate in the Senate chamber on SB 18. Sponsored by Senate Minority Floor Leader Jolie Justus, D-Kansas City, Senate Bill 208 would raise the age limit from when a young Missourian may re-enter foster care. The bill would raise the age from 18 to 21 for those who are released from the custody under the Children’s Division within the Department of Social Services, allowing a juvenile officer, the Children’s Division or the individual to petition the court to return to custody under the Children’s Division if it appears it would be in his or her best interest. The Senate’s Daily Audio/Video Clips for March 5 include Sen. Justus during the perfection motion for SB 208 in the Senate chamber. In order to encourage family members to spend more time with their relatives in long-term care facilities, Sen. Maria Chappelle-Nadal, D-University City, is sponsoring Senate Bill 199. The measure would require the Department of Health and Senior Services to strongly promote all long-term care facilities licensed in Missouri to institute policies designed to encourage family involvement in the well-being and support of their relatives who are residents in long-term care facilities. The Senate’s Daily Audio/Video Clips for March 6 include Sen. Chappelle-Nadal talking about SB 199 to her colleagues in the upper chamber. Senate Bill 36, sponsored by Sen. Wayne Wallingford, R-Cape Girardeau, would change certain provisions in state law relating to juvenile offenders who have been certified as adults and found guilty in a court of general jurisdiction. Currently, juvenile offenders under the age of 17 who have been certified as adults are allowed to stay in the custody of the Division of Youth Services, instead of placing these youth in the adult prison population. Senate Bill 36 extends the timeframe in which juveniles can be considered for the program to 17 and a half and asks judges to consider dual jurisdiction sentences for certified youth. The Senate’s Daily Audio/Video Clips for March 6 include Sen. Wallingford discussing SB 36 in the Missouri Senate chamber. Sen. Mike Parson, R-Bolivar, is sponsoring legislation this session that would require the Missouri State Highway Patrol to receive a specific appropriation before obligating any funds for the purchase of an individual item that costs more than $100,000. Also, Senate Bill 236 would add the maintenance of Highway Patrol vehicles, watercraft and aircraft to the Highway Patrol’s Motor Vehicle, Aircraft and Watercraft Revolving Fund. The Senate’s Daily Audio/Video Clips for March 5 feature Sen. Parson explaining SB 236 to his colleagues in the upper chamber. Legislation that would allow the display of the Honor and Remember flag at all state buildings and state parks also moves on to the House. Senate Bill 218, sponsored by Sen. Paul Le Vota, D-Independence, would allow the flag to be flown as an official recognition and in honor of fallen members of U.S. Armed Forces. The Senate’s Daily Audio/Video Clips for March 7 include Sen. LeVota speaking about SB 218 before the legislation receives final approval in the Senate. Bills Advanced in the Senate Senators also spend time this week debating a measure designed to cut certain taxes to promote job growth in Missouri. Senate Bill 26, sponsored by Sen. Kraus, would lower individual and corporate state income tax by .75 percent over a five-year period, beginning with tax year 2014. In addition, small businesses would be allowed to deduct 5 percent of business income for the 2013 tax year, and once fully phased in, would be allowed a 50 percent deduction for all tax years after the 2016 tax year. Also phased in over the same timeframe, the measure would raise the state sales and use tax from 4 to 4.5 percent. The legislation will also allow the collection of taxes on Internet sales. The Senate’s Daily Audio/Video Clips for March 7 include Sen. Kraus and Sen. Scott Sifton, D-Affton, discussing SB 26 on the Senate floor during its initial passage. Senators Consider Measures in the Upper Chamber Lawmakers in the Missouri Senate spent several hours this week debating a bill that would require authorization from certain labor unions to use dues and fees to make political contributions and bars them from withholding earnings from paychecks. Senate Bill 29, sponsored by Sen. Dan Brown, R-Rolla, would require public employees to approve the amount of fees and dues used for political contributions and require individuals to stipulate which committee this money will be paid. Regardless, employees’ decisions regarding this specific allocation would not affect their employment. This legislation exempts first responders, such as police officers, firefighters, and registered nurses or physicians, from the provisions found in SB 29. The Senate’s Daily Audio/Video Clips for March 6 include Sen. Justus discussing SB 29 during debate in the Senate chamber. Committees Vote Out Senate/House Bills Sponsored by Sen. John Lamping, R-Ladue, Senate Bill 53 would create the “Iran Energy Divestment Act,” which bars entities that invest in the energy sector in Iran from making contracts in excess of $1 million with the state and political subdivisions. Those entities that wish to make public contracts must certify they are not investors in the energy sector in Iran; those that falsely certify themselves would be subject to a $250,000 penalty, have their contracts terminated and be ineligible to bid on and enter into public contracts for three years. The measure was voted out of the Financial and Governmental Organizations and Elections Committee. In the Judiciary and Civil and Criminal Jurisprudence Committee, panel members gave their approval to Senate Bill 126, sponsored by Sen. Sater. His legislation states pharmacies licensed in Missouri cannot be required to carry or maintain an inventory any specific drug or device. Senate Bill 61, sponsored by Sen. Joseph Keaveny, D-St. Louis, would require the Missouri State Auditor to make a one-time report (paid for by private funds) on the costs of administering the death penalty. The report would include a comparison of the following costs: cases (estimated by the auditor) in which the death penalty is sought and is imposed to the costs; cases in which the death penalty is not sought and the defendant is sentenced to life without parole; and cases in which the death penalty is sought, but not imposed. Results of the report would be issued to the governor, General Assembly and the Missouri Supreme Court within two years of receiving sufficient funding to cover the costs of the report. The measure was voted out of the Senate Governmental Accountability & Fiscal Oversight Committee. Two measures were considered by members of the Senate Veterans’ Affairs and Health Committee this week that would establish a Prescription Drug Monitoring Program. Senate Bill 146, sponsored by Sen. Rob Schaaf, R-St. Joseph, would require the Department of Health and Senior Services to establish and maintain a program to monitor the prescribing and dispensing of certain controlled substances by all licensed professionals who prescribe or dispense these drugs in Missouri. This program would be operated using private funds. Senate Bill 146 contains a referendum clause, meaning it would be referred to the citizens of Missouri for their approval or rejection before it can take effect. Sponsored by Sen. Sater, Senate Bill 233 would also set up a program to monitor prescription drugs. However, his measure would not go before a vote of the people. Testimony on legislation that would allow electric corporations to recover costs for infrastructure replacement projects was heard by members of the Senate Commerce, Consumer Protection, Energy and the Environment Committee. Currently, gas corporations may file with the Missouri Public Service Commission for rate adjustments to recover costs incurred for infrastructure replacement projects. Senate Bill 207, sponsored by Sen. Mike Kehoe, R-Jefferson City, would allow electrical corporations to follow a similar process, with costs covering the replacement of certain work on electric plants, capital projects undertaken to comply with environmental or safety regulations, and costs to relocate facilities due to public works projects. Sen. Scott T. Rupp, R-Wentzville, is sponsoring legislation this session that would require the Department of Elementary and Secondary Education to development guidelines for the training of school employees to care for students with diabetes. Senate Bill 211, voted do pass by members of the Senate Education Committee, also includes specific training for the care of students who have hypo- and hyperglycemia, as well as how to handle emergency situations for school personnel and bus drivers responsible for the transportation of students with diabetes. Senate Joint Resolution 14, sponsored by Sen. Schaefer, received a passing vote by members of the Senate General Laws Committee. If approved by voters, SJR 14 would amend the Missouri Constitution relating to citizens’ right to keep and bear arms. The resolution states that citizens have the right to keep and bear arms in defense of their family, in addition to the current rights in defense of themselves, their home and their property. The measure removes language stating that the right to keep and bear arms does not justify the wearing of concealed weapons. Finally, the resolution states that the rights guaranteed under this constitutional amendment are unalienable, and the state of Missouri is obligated to uphold these rights and under no circumstances decline to protect citizens against the infringement of this right. Senate Panels Consider Hear Testimony on Legislation Sponsored by Sen. Kraus and co-sponsored by Sen. Chappelle-Nadal, legislation was considered this week by a Senate committee that would address fraud and abuse in Missouri relating to public assistance programs. Testimony on Senate Bill 251, heard by members of the Senate Judiciary and Civil and Criminal Jurisprudence Committee, would prohibit Missourians who receive temporary assistance for needy families (TANF) benefits from inappropriately spending these specially allocated funds using their Electronic Benefits Transfer (EBT) cards. Under SB 251, individuals are banned from using their EBT cards in liquor stores, casinos or other gaming establishments, adult-oriented businesses, and games or athletic events. In addition, card holders would not be able to purchase alcoholic beverages, lottery tickets or tobacco products using these public benefits. Those individuals who violate provisions of this act would be required to reimburse the Department of Social Services. The measure addresses public fraud by updating criminal provisions relating to welfare fraud to reflect current federal language for the state’s food stamp program and EBT card carriers. Unlawfully receiving, unlawful conversion and unlawful transfer of public assistance benefits or EBT cards is updated to a Class D felony, in which the person would serve no less than 120 days in the Department of Corrections unless the person pays full restitution to the state of Missouri within 30 days. In addition, no person placed on probation for the offense would be released until full restitution is paid. It would be a Class A misdemeanor if the face value of the public assistance benefit or EBT card is less than $500. Additionally, SB 251 would require the Department of Social Services (DSS) to establish and maintain a statewide toll-free phone number to receive complaints of a suspected public assistance fraud. DSS would also have to study analytical modeling-based methods of detecting fraud and issue a report to the General Assembly and governor by Dec. 1, 2014. The Senate’s Daily Audio/Video Clips for March 5 feature Sen. Kraus and Sen. Chappelle-Nadal during a joint press conference discussing SB 251. A measure also heard by members of the Senate Judiciary Committee addresses the electronic monitoring of certain criminal defendants. Senate Bill 327, sponsored by Sen. Bob Dixon, R-Springfield, would allow a person charged with a crime pending trial or an individual convicted of a crime and placed on probation to be placed on electronic monitoring if the citizen can afford the costs or the county commission agrees to pay the costs of the monitoring from its general revenue. Sponsored by Sen. Ed Emery, R-Lamar, Senate Bill 239 would prohibit school districts in the Show-Me State from requiring a student to use an identification device that uses radio frequency ID technology to identify the student, transmit information regarding the student, or monitor or track the location of the student. His legislation was heard by members of the Senate General Laws Committee. The Senate’s Daily Audio/Video Clips for March 6 highlight Sen. Emery discussing SB 239 in the Senate General Laws Committee. Considered by members of the Senate Small Business, Insurance and Industry Committee this week, Senate Bill 262 would prohibit health carriers from denying coverage for a health care service because the service is provided through telemedicine rather than face-to-face consultation or contact between a health care provider and a patient. The legislation, sponsored by Sen. Shalonn “Kiki” Curls, D-Kansas City, would require a health carrier to reimburse a provider for the diagnosis, consultation or treatment of a patient through telemedicine on the same basis that the health carrier covers the service for an individual when it is delivered in person. Additionally, a health care service provided through telemedicine could not have a larger deductible, copayment or coinsurance amount compared to the same health care service provided through face-to-face diagnosis, consultation or treatment. Telemedicine uses modern-day information technology to provide certain health care services to various citizens, especially those who are not able to easily leave their homes or do not have close access to medical facilities. The Senate’s Daily Audio/Video Clips for March 6 include Sen. Curls testifying on SB 262 before members of the Senate Small Business, Insurance and Industry Committee. Senators serving on the Senate Financial and Governmental Organizations and Elections Committee considered House measures for the first time this week. House Bill 48 would require a person to present a photo ID at the polls to cast their vote. All costs incurred by an election authority to implement the photo ID requirement would have to be reimbursed by the state. However, if the state does not appropriate and distribute funds for the photo IDs, the election authority could not enforce the photo ID requirement. Those citizens who have a physical or mental disability or handicap, have an inability to pay for a birth certificate or other documentation necessary to obtain the ID required to vote, or have a religious belief against these forms of personal ID, or if the person was born on or before Jan. 1, 1948, would be able to cast their vote using a provisional ballot after signing an affidavit. Provisional ballots submitted by citizens who fail to show a photo ID would be counted after they return to the election authority within three days after the election with a valid form of ID. In addition, the legislation would require the state and all fee offices to provide, at no cost, at least one form of personal ID required to vote to a qualified individual who does not already possess the required ID and desires the identification in order to vote. This legislation can only take effect upon voter approval of a constitutional amendment that authorizes the General Assembly to enact laws regarding photo ID requirements for all elections. That constitutional amendment, House Joint Resolution 5, would require a person seeking to vote at the polls to identify him or herself and verify his or her qualifications as a U.S. citizen and a Missouri resident by providing a valid government-issued photo ID. This joint resolution was also considered by the Senate Financial and Governmental Organizations and Elections Committee. Next week is the final legislative week before the Legislature adjourns for its annual spring recess. The Missouri Senate is scheduled to convene Monday, March 11, at 4:00 p.m. 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:
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