Capitol Briefing: Week of March 25, 2013
Second Half of Legislative Session Continues
with Swift Pace
Senate delivers numerous measures to the House

JEFFERSON CITY – The Missouri Senate rounded out the legislative week by sending to the governor for his signature a supplemental budget bill (HB 14) totaling $219 million that would provide funding for the remaining months in Fiscal Year 2013 for programs including the School Food Services Program, School Age Child Care Program, Access Missouri Financial Assistance Program, and the Rail Program under the Department of Transportation, among others. Lawmakers in the Senate also advanced several measures to the House of Representatives this week.  

Bills Delivered to the House

Lawmakers in the upper chamber sent several bills to the House this week.  Senate Bill 241, sponsored by Sen. Brad Lager, R-Savannah, would create the Uniform Wireless Communications Infrastructure Deployment Act, which outlines the application approval process for construction or substantial modification of wireless facilities and support structures.  In addition, the legislation addresses public utility right-of-way permits.

Identical to legislation filed in the General Assembly last year, Senate Bill 72, sponsored by Sen. Kurt Schaefer, R-Columbia, would designate the month of May as “Motorcycle Awareness Month.”  During debate, the bill sponsor indicated an increased use of motorcycles results in an increased number of motorcycle-related accidents.  Designating a timeframe for individuals to acknowledge motorcycle riders and passengers would bring awareness to these particular motorists.  With a unanimous vote by the upper chamber, the measure now moves to the House for similar consideration.

Senators unanimously gave their final approval to legislation sponsored by Sen. Will Kraus, R-Lee’s Summit, that would change how uniformed military and overseas voters request, receive and send voter registration applications for absentee ballots.  Senator Kraus, a service member in the U.S. Army Reserve, illustrated during Senate floor debate the lengthy process for Armed Forces members to receive their mail, taking up to two or three weeks to send a request for a ballot through the postal system.  Senate Bill 116 would allow servicemen and women to go online and request an absentee ballot to cast their vote.  The Missouri Secretary of State would be required to establish an electronic transmission system that would allow a covered voter — a uniformed service voter who is registered to vote in Missouri, has a voting residence in the state, and who satisfies Missouri’s voter eligibility requirements, as well as overseas voters who are otherwise eligible to vote in Missouri — to apply and receive voter registration material and military-overseas ballots. 

The Senate’s Daily Audio/Video Clips for March 26 feature Sen. Kraus and Sen. Jamilah Nasheed, D-St. Louis, discussing SB 116 during debate in the upper chamber. 

Senate Bill 35, sponsored by Sen. Wayne Wallingford, R-Cape Girardeau, would create an income tax return check-off program to provide funds for CureSearch for Children’s Cancer.  The act authorizes a check-off box on the Missouri individual and corporate income tax forms for contributions to the newly created Pediatric Cancer Research Trust Fund under the bill.  This bill is also known as “Sahara’s Law,” named after a child in Sen. Wallingford’s legislative district who lost her battle with cancer.  During debate, Sen. Wallingford shared child cancer statistics on the Senate floor, stating many senators most likely have been affected by this disease, whether through friends or families or constituents in their Senate districts.

The Senate’s Daily Audio/Video Clips for March 27 feature Sen. Wallingford during floor debate on SB 35 in the Missouri Senate.

Senators spent hours this week debating Senate Bill 262, sponsored by Sen. Shalonn “Kiki” Curls, D-Kansas City.  Her legislation would prohibit carriers from denying coverage for a health care service if the service is provided through telemedicine rather than face-to-face consultation or contact between a health care provider and patient.  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 measure 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 that service for an individual when it is delivered in person.  However, the act would not require a health carrier to reimburse a telemedicine provider or a consulting provider for technological fees or costs for the provision of telemedicine services.  Under the bill, 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.

The Senate’s Daily Audio/Video Clips for March 27 include Sen. Curls discussing her legislation (SB 262) before her colleagues in the Missouri Senate. 

Sen. Scott T. Rupp, R-Wentzville, is sponsoring a measure that addresses the training of school employees to care for students who have diabetes.  Senate Bill 211 would require the Department of Elementary and Secondary Education to develop guidelines in conjunction with the Department of Health and Seniors Services, the State Board of Nursing and organizations dealing with diabetes, for the training of school employees in the care needed for students with diabetes. 

Senator Dan Brown, R-Rolla, sponsored legislation this session that would ensure the remains of Missouri veterans are property handled and honored.  Senate Bill 186 would allow funeral establishments and coroners that have unclaimed cremated remains of Armed Service members to release them, upon proper verification, to a veterans’ service organization for burial at a state or national veterans’ cemetery.  Current law is unclear as to how these remains can be claimed.  This legislation would lay out the procedure for release of these remains so veterans’ services can take care of internment.

Another bill sponsored by Sen. Brown would establish “Chloe’s Law” in Missouri.  Senate Bill 230 would require every child born in the state to be screened for critical congenital heart disease.  Senator Brown tells his colleagues that most health care facilities already use pulse oximetry screening, as described in the bill, to determine the amount of oxygen in the blood and pulse rates for newborns.  Physicians or individuals who professionally undertake the pediatric care of newborns who are delivered outside of health care facilities would ensure that the screen is conducted. 

The Senate’s Daily Audio/Video Clips for March 27 highlight Sen. Brown and Sen. Scott Sifton, D-Affton, debating SB 230 on the Senate floor.

A bill sponsored by Sen. Rob Schaaf, R-St. Joseph, would change provisions of state law relating to safety measures in mental health facilities.  Senate Bill 178 would address an issue within the Department of Mental Health regarding employees in the health care system who have to order restraints for a patient.  The order to restrain a patient currently must be given personally by either the head of the health care facility or the attending physician.  The bill sponsor says there are many instances in which the required individuals are not accessible to order the restraining of a patient, but the advance practice registered nurse are available to request the order.  The legislation would allow advanced practice registered nurses, for a period of time and with appropriate safeguards, to order the use of restraints for the safety of a patient.  Those orders would ultimately have to be signed off by the attending physician within a certain timeframe.  The bill sponsor indicates the legislation allows for more timely care for people needing the administration of restraints. 

The Senate’s Daily Audio/Video Clips for March 27 include Sen. Schaaf and Sen. Jason Holsman, D-Kansas City, discussing SB 178 in the Senate chamber.   

Legislation that would require a study of the cost to require health insurance coverage for eating disorders also received final passage in the upper chamber.  Senate Bill 161, sponsored by Sen. David Pearce, R-Warrensburg, would require the Oversight Division of the Joint Committee on Legislative Research to conduct an actuarial analysis of the cost impact to consumers, health insurers and other private and public payers if the state mandates health benefit plan coverage for the diagnosis and treatment —including the residential treatment and access to psychiatric and medical treatments — of eating disorders.  The cost of the study could not exceed $30,000 and a report of the actuarial findings would be submitted to respective Senate, House and committee leadership by Dec. 31, 2013.  

The Senate’s Daily Audio/Video Clips for March 28 feature Sen. Pearce on the Senate floor discussing SB 161 before it moved on to the House for similar consideration.

Finally, the Senate gave its approval to Senate Bill 289, sponsored by Sen. Sifton, which would change provisions for individuals when applying for professional license renewal.  His legislation would no longer require individuals to provide their Social Security number in order to renew their professional licenses, unless the original application did not contain their Social Security number.

The Senate’s Daily Audio/Video Clips for March 28 showcase Sen. Sifton discussing SB 289 before the Senate advanced it to the House.

First-Round Approval Given to Bills in Upper Chamber

After many hours of debate, legislation sponsored by Sen. Schaefer was also perfected this week.  Senate Joint Resolution 14 would put before Missouri voters a ballot proposal regarding Missouri’s version of the Second Amendment pertaining to the right to keep and bear arms.  The constitutional amendment states Missouri citizens would have the right to keep and bear arms in defense of their family, home, person and property; it would remove language stating the right to keep and bear arms does not justify wearing concealed weapons; and the amendment states that rights guaranteed by this provision of the Missouri Constitution are unalienable.  In addition, the state of Missouri would be obligated to uphold these rights and could not decline to protect against their infringement. 

Legislation designed to provide funding for services for low-income seniors and disabled Missourians received considerable debate in the Missouri Senate this week.  Senate Bill 350, sponsored by Senate Leader Tom Dempsey, R-St. Charles, would eliminate the Senior Citizens Property Tax Credit for renters and create the Missouri Senior Services Protection Fund.  The legislation implements a recommendation from the Missouri Tax Credit Review commission by redirecting the income tax credit for certain renters and using the funding for services such as mental health care, nursing homes and home-based health and living services. 

Currently, the Senior Citizens Property Tax Credit is given to certain senior citizens and 100 percent disabled individuals for a portion of the real estate taxes or rent they have paid for a year, with a minimum of $750 for renters and $1,000 for those who own and occupy their home.  The actual credit is based on the amount of real estate taxes or rent paid and total household income.  Senate Bill 350 would require the Department of Revenue to calculate how much of the renter’s portion of the tax credit was redeemed in Fiscal Year 2012.  Beginning in FY 2014, this calculated amount would be deposited into a newly created Missouri Senior Services Protection Fund, in which funding would be used to provide services for low-income seniors and disabled individuals. 

The Senate’s Daily Audio/Video Clips for March 28 include Sen. Dempsey and Sen. Nasheed discussing SB 350 in the Senate before it received initial approval.

Senators Debate Various Measures

After much debate this week, Senate Bill 61, sponsored by Sen. Joseph Keaveny, D-St. Louis, still awaits first-round approval by the Missouri Senate.  His bill would require the Missouri State Auditor to compare the costs of death penalty cases and first-degree murder cases in which the death penalty is not sought.  An amendment added to the legislation in committee would require the auditor’s costs in preparing the one-time report on the financial impact of the death penalty to the state to be paid for by private funds. 

The Senate’s Daily Audio/Video Clips for March 26 showcase Sen. Keaveny and Sen. John Lamping, R-Ladue, debating SB 61 in the Senate chamber.

Senate Panels Consider Legislation

Members of the Senate Judiciary and Civil and Criminal Jurisprudence Committee heard testimony this week on Senate Bill 162, also sponsored by Sen. Keaveny.  The legislation would change provisions relating to Missouri’s criminal procedures, including eyewitness identification procedures, jailhouse informant testimony, post-conviction DNA testing, custodial interrogations and biological evidence. 

In the Senate Financial and Governmental Organizations and Elections Committee, senators considered legislation sponsored by Sen. Eric Schmitt, R-Glendale.  Senate Bill 354 would ban businesses from charging “swipe fees” to customers who choose to pay with a credit or debit card.  Those businesses that willfully and knowingly violate this act would be guilty of a Class D felony and subject to unlawful merchandising penalties.

Legislation sponsored by Sen. Gina Walsh, D-Bellefontaine Neighbors, was considered this week by members of the Senate Seniors, Families and Pensions Committee.  Senate Bill 367 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 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 and counseling, participating in safety planning and seeking legal assistance. 

The Senate’s Daily Audio/Video Clips for March 26 highlight Sen. Walsh and Sen. Gary Romine, R-Farmington, speaking on SB 367 during its hearing in the Senate Seniors, Families and Pensions Committee. 

In recognition of the Easter holiday, the Missouri Senate stands adjourned until Tuesday, April 2, at 4 p.m.  The First Regular Session of the 97th General Assembly concludes on 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.