| Capitol Briefing: Week of March 18, 2013 | |
Mid-Session Review: Senate Swiftly Moves Bills |
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| Work remaining for second half of session includes FY 2014 state budget | |
JEFFERSON CITY – Many of the lawmakers in the Missouri Senate spent this week back home in their legislative districts meeting with constituents and sharing their work regarding the first half of the 2013 legislative session with citizens. Information highlighted in this Capitol Briefing detail measures that were delivered to the governor for his approval, advanced out of the Senate and on to the House of Representatives for its consideration, and scheduled for hearings in Senate committees. Two Senate bills passed within the first month of the 2013 legislative session are now awaiting the governor’s approval. Senate Bill 10, approved by the Missouri Senate in late January and sent to the governor in mid-March, would create a refundable income and financial institutions tax credit available to sports commissions, certain nonprofit organizations, counties and municipalities to offset expenses to attract amateur sporting events to the Show-Me State. The tax credit would total $5 for each ticket sold to an event or 100 percent of eligible expenses incurred. No more than $3 million dollars in tax credits could be issued each fiscal year. The measure, sponsored by Sen. Eric Schmitt, R-Glendale, also creates an income, financial institutions and corporate franchise tax credit equal to 50 percent of the amount of an eligible donation made on or after Jan. 1, 2013, to a certified sponsor or local organizing committee in order to attract sporting events, such as national collegiate championship games or Olympic trails, to Missouri. This tax credit is nonrefundable and may be carried forward for two years. Upon the governor’s approval, SB 10 would take effect Aug. 28, 2013. Provisions in this bill are scheduled to sunset in 2019, unless the tax credits are reauthorized. A legislative package sponsored Sen. Bob Dixon, R-Springfield, is also pending executive approval. Senate Bill 20, 15 & 19 (also sponsored by Senate Majority Floor Leader Ron Richard, R-Joplin, and Sen. Jay Wasson, R-Nixa, respectively) would extend and reauthorize various benevolent tax credit programs in Missouri which encourage kind and generous giving. Since Senate Bill 20 contains an emergency clause, it would immediately take effect with the governor’s signature. The measure would extend various tax credit programs to December 2019, including the Public Safety Officer Surviving Spouse Tax Credit, which provides a tax credit for a surviving spouse of a public safety officer who is killed in the line of duty; the Pregnancy Resource Center Tax Credit, which helps fund services for women with unplanned or crisis pregnancies; the Food Pantry Tax Credit, which would reduce the previous cap of $2 million per fiscal year to $1.25 million for individuals who make donations of cash or food supplies to a qualified food pantry; and the Residential Dwelling Accessibility Tax Credit, provided to certain taxpayers who modify their homes to make them accessible for a disabled resident. The legislation also changes the Rebuilding Communities Tax Credit, which is designed to stimulate business activity in Missouri’s distressed communities by providing these tax credits to eligible businesses that locate, relocate or expand their companies within a distressed community. The provision would remove the requirement that remaining tax credits, up to $100,000, under the current Rebuilding Communities program’s $10 million annual cap should be provided to the Resident Dwelling Accessibility Tax Credit. Senate Bill 20 also renames and extends the Children in Crisis Tax Credit the Campion for Children Tax Credit after former Missouri Sen. Norma Champion, who sponsored legislation while in office creating a tax credit program for contributions to adoption resource centers. This revised incentive provides an income tax credit for contributions to child advocacy centers, crisis care centers and entities that receive funding from the Court-Appointed Special Advocate Fund. The act would establish a $2 million cap for in-state adoptions and prohibit the use of the tax credit for out-of-state adoptions. Nearly 70 measures originating in the Senate have been sent to the House for its consideration. One of the upper chamber’s top priorities for the 2013 legislative session is to pass legislation designed to create jobs and grow the economy in the Show-Me State. The first Senate bill filed this session, Senate Bill 1, would change Missouri’s laws relating to the Second Injury Fund and the Workers’ Compensation system. Under the bill, sponsored by Sen. Scott T. Rupp, R-Wentzville, temporary funding mechanisms would be created to bolster the state’s Second Injury Fund, which helps injured workers when a current work-related injury combines with a prior disability to create an increased combined disability, when usual collections do not meet the fund’s demands. The legislation would also establish a priority for paying fund liabilities and eliminate claims for permanent partial disability against the Second Injury Fund. Finally, the bill states occupations diseases — disease due to toxic exposure — would be exclusively covered under the state’s Workers’ Compensation laws and would create an expanded benefit for occupational diseases due to this type of exposure. Another measure relating to the state’s Workers’ Compensation system also advanced out of the Senate. Sponsored by Sen. Mike Cunningham, R-Rogersville, Senate Bill 34 would require the Division of Workers’ Compensation to develop and maintain a database for specific claims that are searchable by an employee’s name and Social Security number. Senate Bill 26, sponsored by Sen. Will Kraus, R-Lee’s Summit, is designed to cut certain taxes to promote job growth in Missouri. The measure would lower individual and corporate state income tax by .75 percent over a five-year period, beginning with tax year 2014. For all tax years beginning on or after 2018, the maximum tax rate for personal income would be a 5.25 percent; the maximum tax rate on corporate income would be 5.5 percent for all tax years beginning on or after Jan. 1, 2018. Also phased in over a five-year period, Senate Bill 26 would raise the state sales and use tax — a tax imposed on the purchase price of tangible personal property of taxable services sold at retail — from 4 to 4.5 percent. The legislation will also allow the collection of taxes on Internet sales. Additional legislation filed by Sen. Kraus would define two terms used when examining reasons to disqualify an individual for unemployment benefits. Senate Bill 28 would redefine “misconduct” to knowingly disregarding an employer’s interest and violating the standards the employer expects. Currently, the term “misconduct” includes a willful disregard of the employer’s interest and a disregard of standards of behavior the employer has the right to respect. Employees are currently disqualified from benefits if they voluntarily leave work without good cause. This legislation would define “good cause” as a compelling reason for an employee to cease working or require separation from work due to illness or disability. Legislation creating the Missouri Export Incentive Act, sponsored by Sen. Schmitt, also moves to the House for its consideration. Senate Bill 120 would change provisions relating to taxation and economic incentives, including data storage center incentives, the Neighborhood Preservation Act, as well as the Low-Income Housing, Self-Employed Health Insurance, 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. The Missouri Senate gave its final approval to legislation that would require authorization for certain labor unions to use dues and fees to make political contributions and bar these unions from withholding earnings from their members’ paychecks. Senate Bill 29, sponsored by Sen. Dan Brown, R-Rolla, would require annual written approval from public employee union members in order to withhold earnings for dues, agency shop fees, or any other fee paid by public employee members of a labor organization. Members would not be obligated to authorize amounts and participation in the withholding is completely voluntary. The legislation also requires union members’ permission to use their dues or fees as a political contribution or expenditure. Individuals who do not authorize political contributions would not have their dues or fees increased. In addition, signing or refraining from signing both of these authorizations would not be a condition of employment or continued employment. Provisions found in SB 29 would not apply to organizations that represent first responders, such as police officers, firefighters, or registered nurses and physicians. Senators also vowed at the beginning of session to focus on legislation that invests in education. Senate Bill 7, sponsored by Sen. David Pearce, R-Warrensburg, who also chairs the Senate Education Committee, addresses school accreditation for failing school districts. The legislation 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. The current waiting period under state statute is two years. Senate Bill 7 would also 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 (DESE) 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. Legislation relating to higher education credits and professional licenses for military courses and qualifications, respectively, have also been sent to the House for its consideration. Senate Bill 106, sponsored by Sen. Brown, would require Missouri’s post-secondary 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. In addition, members of the Armed Forces who have health-related professional licenses or certificates that are in good standing when entering active duty would be able to keep their license status while on active duty; those service members who need to renew these items would not be charged dues and continuing education would be waived if certain requirements are met. Finally, members of the Armed Forces would be able to apply their service toward qualifications to receive a license or certificate from a professional licensing board, as long as it meets the board’s approval. Another measure relating to members of the Armed Forces and their education, Senate Bill 117, also moved on to the House. Sponsored by Sen. Kraus, the measure would give individuals who receive an honorable or general discharge from the U.S. military resident status in order to pay in-state tuition to attend one of Missouri’s public higher education institutions. The legislation would also require all state buildings and state parks to display the Honor and Remember flag as official recognition and in honor of fallen members of the Armed Forces of the United States. Similar legislation that would allow the display of the Honor and Remember flag at all state buildings and state parks also advanced out of the Senate. Senate Bill 218, sponsored by Sen. Paul LeVota, D-Independence, would allow the flag to be flown as an official recognition and in honor of fallen members of the U.S. Armed Forces. Senate Bill 125, sponsored by Sen. Jamilah Nasheed, D-St. Louis, would change provisions relating to duties of boards of education. The measure would require the declaration of new administrative rules that include standards, appropriate scoring guides, forms, instruments and procedures used in determining the accreditation status of a district. The legislation would also allow tenured teachers in the St. Louis City School District to be removed based on incompetency, shorten the written notification waiting period from at least one semester to 30 days in order to dismiss a teacher for inefficiency and incompetency in the line of duty, and prohibit the appointment of teachers when there are properly qualified teachers on unrequested leave of absence to fill vacancies, among other provisions. 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. Another priority for lawmakers in the upper chamber this session is building the state’s infrastructure. Senate Joint Resolution 16, sponsored by Senate Transportation and Infrastructure Chairman Sen. Mike Kehoe, R-Jefferson City, and co-sponsored by Sen. Ryan McKenna, D-Crystal City, would impose a temporary one-cent sales and use tax for transportation purposes. The resolution would put to the vote of the people a ballot proposal that would raise Missouri’s sales and use tax by 1 percent for a 10-year period. The proceeds for the additional sales and use tax would be used for transportation-related items: 5 percent of the sales and use tax proceeds would be distributed to various counties; another 5 percent would be distributed to various cities, towns and villages; and the remainder of the sales and use tax proceeds would be used for state highway or transportation system purposes. The temporary sales and use tax measure would be resubmitted to Missouri voters every 10 years until the ballot proposal is defeated. Additionally, counties and municipalities are prohibited from tolling existing highways or bridges during the duration of the sales and use tax implemented by SJR 16. A bill is moving 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, under Senate Bill 182, sponsored by Sen. Kehoe, local sales taxes on these items — determined based on where the buyer lives in Missouri — 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 the 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 passed by the Legislature and 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 that would designate the new bridge on I-70 crossing the Mississippi River as the “Stan Musial Memorial Bridge” also received final passage in the Senate. Senate Bill 176, sponsored by Sen. Schmitt, also designates a portion of the interstate running up to and leading over the bridge as the “Andy Gammon Memorial Highway.” Gammon, a carpenter, lost his life during construction of the bridge. Senators in the U.S. Senate already gave their approval to proposed legislation that would name the new bridge after Musial. In addition, several other measures advanced out of the Senate and on to the House relating to various issues, including health care, public safety and consumer protection, and government efficiency. Senate Bill 172, sponsored by Sen. David Sater, R-Cassville, 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 Missouri. In order to create more opportunities for family members to spend additional time with their relatives in long-term care facilities, Sen. Maria Chappelle-Nadal, D-University City, is sponsoring Senate Bill 199. The legislation 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 the relatives who are residents in long-term care facilities. 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 custody under the Children’s Division within the Department of Social Services, allowing a juvenile officer, the Children’s Division or the youth to petition the court to return to custody under the Children’s Division if it appears it would be in her or her best interest. 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 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 would extend this timeframe to 17 and a half and asks judges to consider dual jurisdiction sentences for certified youth. Another measure moving on to the House would allow schools to teach a gun accident prevention program and prepare teachers for potentially dangerous or armed intruders. Sponsored by Sen. Brown, Senate Bill 75 would establish the Active Shooter and Intruder Response Training for Schools Program, which would train teachers and school employees on how to respond to students with information about a threatening situation and how to address a potentially dangerous or armed intruder or active shooter in or on school grounds. In addition, the legislation would allow schools to teach the Eddie Eagle Gunsafe Program, or a similar program, to first graders. The program would promote safety and protection of children and emphasize how students should respond if they come across a firearm. The bill bans the use of firearms during teaching of the program. A bill that would prohibit roadside checkpoints based on certain types of vehicles received final approval in the Senate. 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. Legislation sponsored by Sen. John T. Lamping 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 for facilities by the service dog. Sponsored by Sen. Gina Walsh, D-Bellefontaine Neighbors, Senate Bill 164 sets out to 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 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. Senate Bill 102, sponsored by Sen. Kraus, 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. This bill would add catalytic converters (vehicle emissions control devices), as well as 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 to the House. 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. 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. Senate Concurrent Resolution 2, sponsored by Sen. Richard, would direct 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. Several Senate committees are scheduled to hear testimony on various legislation next week when lawmakers return to Jefferson City. The Senate Financial & Governmental Organizations and Elections Committee will hear testimony on Senate Bill 375, sponsored by Sen. Brian Nieves, R-Washington. His legislation would establish the paper ballot as the official ballot of Missouri and require audits before election certification. Several other bills, including legislation relating to credit or debit card surcharge fees, and election authorities and county committee elections, are also up for consideration by this panel next week. In the Senate Judiciary and Civil and Criminal Jurisprudence Committee, panel members will consider Senate Bill 253, sponsored by Sen. Justus, which would revamp Missouri’s more than 30-year-old criminal code. Her legislation would create new felony and misdemeanor classes, change various provisions relating to domestic violence, enhance penalties for repeat offenders, as well as address various crimes relating to sexual offenses, stealing and property crime, gambling, drug and intoxication-related offenses, and leaving the scene of an accident. Members of the Senate Seniors, Families and Pensions Committee will consider Senate Bill 367, sponsored by Sen. Walsh, which would create a right to unpaid leave for employees who are affected by domestic violence, defined as assault, battery, coercion, harassment, sexual assault, unlawful imprisonment and stalking of an individual. Permissible reasons for taking such leave — eight weeks for those who have between 15-49 employees on their payroll, and 12 weeks for those who employ more than 50 workers — include seeking medical attention, recovering from injury, obtaining victim services, obtaining counseling, participating in safety planning and seeking legal assistance. Sen. Chappelle-Nadal will also present her legislation before the Seniors, Families and Pensions Committee. Senate Bill 430 would require the Division of Senior Services and Regulation within the Department of Health and Senior Services to create an adult day care program manual to establish uniformity across Missouri. The manual would also include the procedures regarding compliance inspections, investigative complaints and license denials, suspensions and revocations within the licensed adult day care program. The Senior Services and Regulation Division would also be responsible under the bill for offering regional training sessions by Jan. 1, 2014, in order to provide technical assistance or consultation to assist applicants for or holders of certain licenses in order to meet the requirements of staff qualifications, assist in the achievement of adult day cares’ programs of excellence, as well as other aspects involving the operating of an adult day care program. Those on the Senate General Laws Committee are scheduled to hear testimony on Senate Bills 268 and 270, sponsored by Sen. Nieves. Under current law, political subdivisions may enact ordinances regulating the open carrying of firearms. Senate Bill 268 would remove that authority so these subdivisions could not regulate the open carrying of these weapons. The legislation would also require local ordinances relating to the discharge of firearms to incorporate justification defenses provided by state statute, including self-defense, defending others, and defending property. Sen. Nieves’ other measure, Senate Bill 270, would create the Missouri Liberty Preservation Act, prohibiting the state of Missouri from participating in or providing material support for the implementation of various sections of the National Defense Authorization Act (DNAA) for FY 2012. The legislation would require the Department of Public Safety to report to the governor and the General Assembly any attempts by the U.S. government to implement these specified sections of the NDAA through any Missouri state department. A violation of this act by any public officers, employees or agents of the state of Missouri or employee providing services to the state of Missouri would be a Class B misdemeanor; for any official, agent, or employee of the U.S. government or employee of a corporation providing services to the U.S. government, the punishment would be a Class A misdemeanor. Senate Bill 358, sponsored by Sen. Jason Holsman, D-Kansas City, is also up for consideration by members of the General Laws Committee. His measure would exempt industrial hemp — defined as cannabis sativa L., which contains no more than 1 percent THC — from the definition of marijuana and the list of controlled substances in Missouri. In addition, the legislation would make it legal for any person who has not been convicted of any drug-related offense to grow and cultivate industrial hemp, which can be used to make paper, textiles, clothing, biodegradable plastics, construction materials, body products, health food and bio-fuel. Finally, the Senate Education Committee will hear testimony on Senate Bill 437, sponsored by Sen. Pearce, which would change the way Missouri funds public higher education institutions by creating a new model for calculating these schools’ state funding. The higher education funding model, which includes community colleges, would fund institutions based on both costs and outcomes, calculating their core operational expenditures that are divided into six categories: academic support, institutional support, instruction, public service, research and student services. There is a “stop-loss provision” in the bill that would allocate 98 percent of the previous year’s funding if an institution’s funding through the new model is less than what the institution received under the previous method, if the bill passes the Legislature and is signed into law. When lawmakers return to Jefferson City, much of the focus in the Senate chamber will shift to debating and passing the various bills that make up Missouri’s approximate $25 billion budget for FY 2014. In addition, senators will begin considering legislation making its way over from the House and continue advancing Senate bills through the legislative process. 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:
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