Capitol Briefing: Week of April 1, 2013
First Senate Bills of 2013 Signed by Governor
Legislation addressing motor vehicle sales moves to governor;
bill creating Missouri Senior Services Protection Fund moves to House

JEFFERSON CITY – Before lawmakers adjourned this week, senators delivered to the governor legislation designed to promote more Missourians to buy motor vehicles from the Show-Me State instead of crossing over stateliness, keeping much-needed revenue in Missouri.  In addition, the first Senate bills passed out of the Legislature have received the state’s top ranking executive official’s approval. 

Senate Bills Signed into Law

Legislation creating a tax credit to attract amateur sporting events to the Show-Me State and a bill extending the sunset for and reauthorizing several benevolent tax credits, among other provisions, recently received the governor’s signature, making two of the first Senate bills that advanced to the governor now or soon to be state law. 

Senate Bill 10, sponsored by Sen. Eric Schmitt, R-Glendale, creates a refundable income and financial institutions tax credit that is available to sports commissions, certain nonprofit organizations, counties and municipalities to offset the cost to attract amateur sporting events to Missouri.  The tax credit amounts to $5 for each admission ticket sold or 100 percent of eligible expenses incurred, with no more than $3 million in tax credits issued for each fiscal year.  The legislation also creates a tax credit equal to 50 percent of the amount of an eligible donation made on or after Jan. 1, 2013, to a certified sponsored or local organizing committee that attracts sporting events to the state.  The Department of Economic Development is prohibited from issuing more than $10 million of these tax credits each fiscal year.  These tax credits will automatically sunset six years after the bill’s effective date, Aug. 28, 2013, unless they are reauthorized. 

Senate Bill 20, sponsored by Sen. Bob Dixon, R-Springfield, reauthorizes and extends certain benevolent tax credit programs.  More specifically, the legislation:

  • Reauthorizes the tax credit given to those who contribute to qualified pregnancy resource centers that help fund certain services for women (Pregnancy Resources Center Tax Credit).
  • Reauthorizes the tax credit provided to taxpayers who make donations of food supplies or cash to qualified food pantries (Food Pantry Tax Credit). 
  • Reauthorizes the tax credit given to those who contribute to child advocacy centers, crisis care centers and entities that receive funding from the Court-Appointed Special Advocate Fund (Children in Crisis Tax Credit, renamed the Champion for Children Tax Credit). 
  • Extends the tax credit for surviving spouses of public safety officers who are killed in the line of duty (Public Safety Office Surviving Spouse Tax Credit).
  • Extends the tax credit available to individuals and corporations that make their business more accessible to people with disabilities (Disabled Access Tax Credit).

The legislation also caps the Special Needs Adoption Tax Credit for in-state adoptions at $2 million and prohibits use of the tax credit for out-of-state adoptions.  In addition, it removes the requirement that remaining tax credits under the Rebuilding Communities Tax Credit go to the Residential Dwelling Accessibility Tax Credit.  Since this measure contained an emergency clause, it became law upon the governor’s signature on March 29.

Senate Bills Await Executive Approval

Senate Bill 182, sponsored by Sen. Mike Kehoe, R-Jefferson City, received unanimous approval in the Missouri Senate this week, sending the measure to the governor for his signature.  The legislation would eliminate both the state and local use tax on the storage, use or consumption of motor vehicles, trailers, boats or outboard motors.  However, the act would require the collection of sales tax for the titling of these particular purchases, which would be determined by the sum of state sales tax and the local sales tax rate where the owner of the property resides. 

In addition, SB 182 would require a vote of the people to discontinue collecting sales tax on the titling of motor vehicle purchases from vendors not located in Missouri if the local taxing jurisdiction had not previously approved a local use tax.  If a vote is not conducted before November 2016, the taxing jurisdiction would have to quit collecting the sales tax.  However, these jurisdictions may, at any time, hold a vote to repeal the tax.  The measure contains a nonseverability clause, meaning one provision cannot be struck down by a court of law while leaving the rest of the bill intact. 

The Senate’s Daily Audio/Video clips for April 4 feature Sen. Kehoe and Senate Minority Floor Leader Jolie Justus, D-Kansas City, debating SB 182 in the Missouri Senate before it was given final approval and delivered to the governor for his signature. 

Senate Bills Advance to the House

With a near party-line vote, Senate Bill 350 is now in the House of Representatives for its consideration.  The legislation, sponsored by Senate President Pro Tem Tom Dempsey, R-St. Charles, would eliminate the renter’s portion of the Senior Citizens Property Tax Credit, commonly referred to as the Circuit Breaker Tax Credit.  This tax credit is currently given to certain senior citizens and 100 percent disabled individuals for a portion of the real estate taxes or rent they have paid for the year.  The credit is for a maximum of $750 for renters and $1,100 for owners 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, both taxable and nontaxable.

Senate Bill 350 would require the Department of Revenue to calculate how much of the renter’s portion of the Senior Citizens Property Tax Credit was redeemed in Fiscal Year 2012, and beginning in FY 2014, deposit this amount into the newly created Missouri Senior Services Protection Fund.  Money in this fund would be used to provide services such as mental health care, nursing homes and home-based health and living services for low-income seniors and disabled citizens.  Those against the bill say low-income seniors who are on a fixed income would be affected and larger tax credit reform bills still need to be addressed.  Senators in support of the legislation say there are other state programs that provide support for low-income housing, and seniors who currently benefit from the tax credit would receive beneficial services through the measure. 

The Senate’s Daily Audio/Video clips for April 3 showcase Sen. Dempsey; Sen. Scott Sifton, D-Affton; and Sen. John Lamping, R-Ladue, before sending SB 350 to the House for its consideration. 

The composition of the Kansas City School District’s board of directors, as well as subdistricts within the school district, would see a reduction under Senate Bill 258, sponsored by Sen. Paul LeVota, D-Independence.  The legislation would reduce the number of directors on the board from nine to seven beginning in 2019, lower the at-large directors from three to two, reduce the number of directors representing subdistricts from six to five, and require the local redistricting commission to redraw the school district into five subdistricts, instead of six, by Nov. 1, 2018.  In addition, SB 258 would, beginning in 2019, move the election date — held every four years — for school board members to the same date as the local elections in Kansas City.

The Senate’s Daily Audio/Video clips for April 3 includes Sen. LeVota during Senate floor debate on SB 258 before first-round approval of the legislation.

Another bill addressing school district members received final approval in the Senate this week.  Senate Bill 242, sponsored by Sen. Kehoe, would align seven-director school districts located in a first class county with districts located in second, third and fourth class counties, giving these school board members, officers or employees permission to sell or provide certain commodities to the district as long as the individual complies with certain ethical provisions.  Current law makes this act by individuals under a seven-director school district guilty of a Class A misdemeanor and requires them to forfeit their position with the district. 

The Senate’s Daily Audio/Video clips for April 3 feature Sen. Kehoe discussing SB 242 during the perfection motion on the Senate floor. 

Senate Bill 229, sponsored by Sen. Dan Brown, R-Rolla, would change state law relating to the Mental Health Employment Disqualification Registry.  This registry contains a list of individuals with charges of abuse, neglect, and/or misuse of funds who have exhausted their appeal process and are disqualified from working with consumers receiving services from the Missouri Department of Mental Health.  Currently, an employee in a mental health facility is disqualified from holding a direct care position if he or she has been found guilty of or pleaded guilty to certain criminal offenses.  This measure would add to the list of criminal offenses, such felony crimes include drug-, stealing- and alcohol-related offenses, as well as violations of aiding the escape of a prisoner and supporting terrorism.

Senate Bill 2, sponsored by Sen. Scott T. Rupp, R-Wentzville, would make various changes to the state’s initiative and referendum petition process.  The legislation would require petition circulators to affirm, under penalty of perjury, that they have never been convicted or found guilty of, or pled guilty to a forgery offense; swear that they are at least 18 years old; and indicate if they are being paid to circulate petitions, along with who is paying them.  The measure also increases the penalty for individuals who are guilty of signing a name other than their own on a petition, signs more than once, or signs a petition knowing they are not a registered voter, making the crime a Class D felony, which carries a prison term of up to five years and a fine between $1,000 and $25,000. 

The legislation also creates new crimes of petition signature fraud, which is a Class D felony, including intentionally submitting petition sheets with the knowledge that a person whose name appears on the sheet did not sign the petition, fraudulently obtaining signatures, knowingly accepting or offering money or anything of value in exchange for a signature, or knowingly paying a circulator with knowledge that the circulator has committed signature fraud. 

In addition, the act would require the Secretary of State to post the full text of the initiative and referendum petitions within two days of receiving the documents, along with a disclaimer stating the text of the proposed measure many not constitute the full and correct text as required by law to qualify for circulation.  Also, if the petition form is approved, the Secretary of State is required to prepare and deliver a summary statement to the Attorney General within 10 days, and upon its approval, post a copy of the sample petition on the Secretary of State’s website. 

The Senate’s Daily Audio/Video clips for April 4 include Sen. Rupp and Sen. Justus speaking on SB 2 in the Missouri Senate before it received final approval. 

A measure now on its way to the House of Representatives for its consideration, sponsored by Sen. David Sater, R-Cassville, would prohibit any requirement that pharmacies carry a specific drug or device.  Senate Bill 126 more specifically states that any licensed pharmacy in Missouri would not be required to carry or maintain inventory for any specific prescription or nonprescription drug or device. 

Legislation sponsored by Sen. David Pearce, R-Warrensburg, would raise the fees a lender could charge for certain loans.  Currently, direct-deposit cash advances that provide open-end credit loans for 31 days or longer may have a credit advance fee (either $25 or 5 percent of the loan, whichever is the lesser amount).  Senate Bill 254 would raise the fee to $75 and 10 percent, respectively.  The bill sponsor explained during floor debate that his legislation puts state chartered banks in line with those on the federal level. 

Also on its way to the House is Senate Joint Resolution 14, sponsored by Sen. Kurt Schaefer, R-Columbia.  The measure would modify constitutional provisions regarding the right to keep and bear arms.  More specifically, this proposed constitutional amendment, if approved by voters, provides that a citizens has the right to keep and bear arms in defense of their family, in addition to current rights afforded to citizens  that allows them to defend themselves, their home and their property.  The amendment removes language stating that the right to keep and bear arms does not justify the wearing of concealed weapons and provides the rights guaranteed under this provision of the Missouri Constitution are unalienable, meaning these rights cannot be separated, or given or taken away.  Finally, the state would be obligated to uphold these rights and could not, under any circumstances, decline to protect against their infringement. 

First-Round Approval Given to Bills in Upper Chamber

Legislation also sponsored by Sen. Rupp was brought up for debate this week and given initial approval by the Missouri Senate.  Senate Bill 112 would reauthorize the New Markets Tax Credit and make changes to the tax credit program.  Previously, the New Markets Tax Credit program provided supplemental funding for investment entities that have been approved for this tax credit in order to direct more funding to Missouri projects.  The program provided state and federal tax credits to those who make investments into approved funds, and these funds would be invested in eligible projects located in low-income census tracks in Missouri. 

Under SB 112, the tax credit would be equal to 58 percent of the unadjusted amount invested in special financial institutions called Community Development Entities (CDEs) and the credits would be claimed over a seven-year period: zero percent for the first two years, 11 percent for the third and fourth year, and 12 percent for the next three years.  The bill would also require 150 percent of the capital that the CDE raises to be invested in Missouri Qualified Businesses.  The reauthorized tax credit would sunset six years after its effective date, which is upon the governor’s signature of the legislation since it contains an emergency clause. 

The Senate’s Daily Audio/Video clips for April 3 highlight Sen. Justus during debate on SB 112 in the Missouri Senate. 

Senate Measures Voted Out of Committee

In the Senate Small Business, Insurance and Industry Committee, members gave their approval to Senate Bill 154, sponsored by Senate Majority Floor Leader Ron Richard, R-Joplin.  His legislation would change Missouri’s valued insurance policy law, modifying state statute to apply to loss or damage by any peril covered under terms of an insurance policy, not just from a fire. 

Legislation voted out of the Senate Judiciary and Civil and Criminal Jurisprudence Committee this week would require physicians who prescribe or dispense abortion-inducing drugs to be present when the drug is administered.  Senate Bill 175, sponsored by Sen. Wayne Wallingford, R-Cape Girardeau, would also require the physician, or the person acting on his or her behalf, to make all reasonable efforts to ensure the patient return within a certain timeframe for a follow-up visit to assess the patient’s medical condition and confirm the pregnancy has been terminated.   

Also approved by members of the Senate Judiciary Committee, Senate Bill 285 advances to the full Senate for possible consideration.  The bill, sponsored by Sen. Gary Romine, R-Farmington, would give a county or city law enforcement agency’s chief access to electronic monitoring information for a sexually violent predator who is on conditional release and located within the area.  This electronic monitoring access would continue while the offender is living in the respective area and would not be disclosed to anyone outside of the law enforcement agency, except upon a court-ordered conditional release. 

Senate Bill 401, sponsored by Sen. Rupp, would prohibit individuals and other entities from performing, offering to perform, or advising any navigator services in Missouri for a health insurance exchange or receiving navigator funding from a health insurance exchange unless licensed by the Department of Insurance, Financial Institutions and Professional Registration.  The act, approved by members of the Senate Small Business, Insurance and Industry Committee, also establishes provisions concerning prohibited activities, applications for licensure, license renewal and renovations, and suspensions of navigator licenses, among other provisions. 

Additional legislation voted out of the Senate Small Business Committee and sponsored by Sen. Rupp, also includes provisions regarding the licensure of navigators for health insurance exchanges.  Senate Bill 403 would also change several provisions of state law relating to the regulation of health insurance, including HMOs and deductibles, exclusive in-network plans, the individual and group policy form approval process, health carriers and high deductible policies, and the utilization review procedure. 

This same committee gave its approval to a measure sponsored by Sen. Mike Cunningham, R-Rogersville, which addresses provisions relating to food preparation for charitable purposes.  Senate Bill 432 would allow a nonprofit organization to prepare food in a private home or other area to distribute at a fundraising event for charity.  Individuals would be informed by a clearly visible sign located where the food is served that the food was prepared in a kitchen that is not subject to regulation and inspection by regulatory authorities. 

In the Senate General Laws Committee, members gave their passing vote to Senate Bill 268, sponsored by Sen. Brian Nieves, R-Washington.  His measure would remove the authority of political subdivisions to enact ordinances regulating the open carrying of firearms.  The legislation would also require local ordinances regulating the discharge of firearms to incorporate justification defenses provided by statute, including self-defense, the defense of others and the defense of property.

Legislation also sponsored by Sen. Nieves and voted out of the Senate General Laws Committee would create the Missouri Liberty Preservation Act and prohibit the state enforcement of certain provisions (Section 1021 and 1022) found within the National Defense Authorization Act (NDAA) for Fiscal Year 2012.   The NDAA is a federal law that specifies the budget and expenditures of the U.S. Department of Defense, among other provisions; Section 1021 addresses indefinite detention without trial and Section 1022 relates to the requirement for military custody.  Senate Bill 270 would require the Missouri Department of Public Safety to report to the governor and General Assembly attempts by the U.S. government of implementation of these specific sections through any state department.  Any indefinite detention, prosecution under law or war, or transfer to a foreign jurisdiction under the specified sections would be considered illegal in Missouri under the bill.  Violation of this act would be a Class B misdemeanor for any public officers, employees, or agents of the state of Missouri or employee providing services to the state; any official, agent, or employee of the U.S. government or employee of a corporation providing services to the U.S. government would be a Class A misdemeanor.

The Senate Commerce, Consumer Protection, Energy and the Environment Committee voted out several bills relating to renewable energy.  Senate Bill 396, sponsored by Sen. Jason Holsman, D-Kansas City, would define terms and change certain provisions under the Electrical Corporation Net Metering and Easy Connection Act, which applies to all electric-regulated utilities to adopt policies establishing a simple contract to be used for interconnection and net metering.  His legislation would also make available solar rebates to customers of electric utilities through the Renewable Energy Standard and establish provisions that would ensure customer-generator units meet all applicable safety guidelines. 

Similar legislation sponsored by Sen. Brad Lager, R-Savannah, would promote customer ownership of small electric generating systems.  Senate Bill 420, among other provisions, modifies the definition of a customer-generator, creates provisions that would require customer-generator units meet all applicable safety guidelines, requires each electric corporation in Missouri to submit a net metering report to the Public Service Commission, and makes available solar rebates to customers of electric utilities.

Measures Considered by Senate Panels

In the Senate Education Committee, members heard testimony on Senate Bill 344, sponsored by Sen. Mike Parson, R-Bolivar.  The bill would create the “Parent and Community School Information Act,” requiring the Department of Elementary and Secondary Education (DESE) to produce a simplified annual school report card for each public school attendance center in a school district and each charter school.  Letter grades — A, B, C, D or F, with plusses or minuses possible — would be based on an individual attendance center’s performance on the Missouri School Improvement Program standards, the school accountability system for reviewing and accrediting public school districts in Missouri.  DESE would be required to make an annual report to the Joint Committee on Education, with the first ready for distribution by Dec. 1, 2014. 

The Senate’s Daily Audio/Video clips for April 4 include Sen. Parson and Sen. Maria Chappelle-Nadal, D-University City, discussing SB 344 in the Senate Education Committee. 

Senators on the same committee considered Senate Bill 408, sponsored by Sen. Ed Emery, R-Lamar.  His legislation would make several changes relating to elementary and secondary education in the state, including how the State Board of Education prepares its annual reports describing student achievement in the state, districts and schools; limiting teacher tenure to teachers first hired by a district before Aug. 28, 2013; changing the criteria a school board uses when placing teachers on a leave of absence; requiring each school district to develop and adopt a performance salary schedule for all instructional personnel by July 1, 2014; and performing an annual performance-based evaluation on each teacher and principal in the school district, among other provisions. 

The Senate’s Daily Audio/Video clips for April 4 feature Sen. Emery and Sen. Holsman talking about SB 408 during its hearing in the Senate Education Committee. 

The Missouri Senate stands adjourned until Monday, April 8, at 4 p.m.  Lawmakers in the Senate are expected to consider bills in the Senate Appropriations Committee next week that make up the state’s operating budget for Fiscal Year 2014.  The constitutional deadline to pass the FY 2014 state budget is May 10, one week before the 2013 legislative session 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.