Capitol Briefing: Week of April 8, 2013
“Right to Farm,” Mother’s Rights and Low-Income Energy Efficiency Incentive Program Legislation Advances to House
Measures protecting citizens’ private information, addressing abuse of state benefits and creating funding model for higher education institutions move forward in Senate

JEFFERSON CITY – The Missouri Senate this week remained busy hearing testimony on legislation in committees, advancing bills on the Senate floor and sending bills to the House for its consideration.  Members of the Senate Appropriations Committee are in the middle of a series of hearings on the bills that make up Missouri’s state operating budget for FY 2014.  Once the 13 budget bills are voted “do pass” by the Senate panel, the bills will advance to the full Senate for debate. 

Upper Chamber Advances Legislation to House

Also known as the “Right to Farm” measure, the Missouri Senate this week gave its final approval to a House measure handled by Sen. Mike Parson, R-Bolivar, which proposes a constitutional amendment affirming the right of farmers and rangers to engage in modern farming and ranching practices.  Upon voter approval, House Joint Resolution 11 & 7 would prohibit the enactment of state law, such as acts approved by initiative petitions, that reduces the right of farmers and ranchers to employ agricultural technology, modern and traditional livestock production and ranching practices, unless the law is enacted by the General Assembly.  Since the Senate amended the House joint resolution, the measure must go back to the originating chamber for final approval.

The Senate’s Daily Audio/Video Clips for April 10 include Sen. Parson and Sen. Paul LeVota, D-Independence, discussing HJR 11 & 7 during Senate floor debate. 

Legislation sponsored by Sen. Rob Schaaf, R-St. Joseph, sets out to protect a mother’s right to breast-feed her child.  Senate Bill 87 would prohibit the act of nursing to be considered sexual conduct  or contact as defined under criminal law, as well as public indecency or indecent exposure.  In addition, a municipality would not be able to enact an ordinance that prohibits or restricts a mother from breast-feeding in a public or private location.  The legislation would also excuse a nursing mother from jury duty with a written statement from physician.

The Senate’s Daily Audio/Video Clips for April 10 showcase Sen. Schaaf speaking before his colleagues in the Senate on SB 87. 

Senate Bill 275, sponsored by Sen. Gina Walsh, D-Bellefontaine Neighbors, received unanimous approval in the upper chamber and would change the state’s eligibility criteria regarding energy efficiency incentive programs offered by electric companies to low-income customers.  Currently, customers are not eligible to receive a monetary incentive offered by the company for an energy efficient program if they receive a Low-Income Housing or Historic Preservation tax credit.  This measure would make an exception for low-income customers regarding this restriction. 

The Senate’s Daily Audio/Video Clips for April 10 highlight Sen. Walsh during debate on SB 275 before the Senate advanced the measure to the House for similar consideration.

Senate Bills Receive Initial Approval

Sen. Brad Lager, R-Savannah, is sponsoring a measure in the Missouri Senate that would change provisions relating to water utilities.  The bill would expand the ability to utilize infrastructure system replacement surcharges (ISRS) to all eligible water and sewer corporations throughout the Show-Me State.  These surcharges allow utilities to pass through to customers the return on and return of the capital needed to replace water or wastewater company infrastructure on a periodic basis without filing a full rate case.  Projects that would qualify for ISRS under Senate Bill 297  include energy efficiency projects, water or sewer utility plant projects done as part of a commission order, and replacement of lines and meters as part of a water or sewer utility plant project.  The bill would also specify the ratemaking for a small water utility that is under acquisition by a large water utility, among other provisions. 

Legislation that would prohibit physical therapy visits to cost more than the copayment, coinsurance or office visit deductible charged for the same covered service provided by a patient’s license primary care physician also received the upper chamber’s initial approval.  Sen. Eric Schmitt, R-Glendale, sponsor of Senate Bill 159, tells his colleagues during Senate floor debate that those who undergo surgery are often prescribed to attend physical therapy over a particular timeframe, and this prescribed treatment is currently treated as specialty care.  He says his legislation would encourage more Missourians to follow through with their physical therapy instead of foregoing the treatment due to the increased cost of specialty care.  The measure was set aside for further consideration.

A bill sponsored by Sen. Will Kraus, R-Lee’s Summit, that received first-round approval by the Senate this week, would prohibit the Missouri Department of Revenue (DOR) from retaining copies, in any format, of source documents — original or certified copies — provided by Missourians who apply for or hold driver’s or nondriver’s licenses.  The department would also be banned from retaining copies of any certificate of qualification for a concealed carry endorsement (CCW).

In addition, DOR would not be allowed to scan source documents or certificates of qualification that could be retained, stored and transferred electronically.   The scanning and retention provisions found in Senate Bill 252 would not apply to documents required under federal motor carrier regulations.  The legislation would also require the department, by Dec. 31, 2013, to securely destroy any source documents or certificates of qualification that have been obtained from license applications after Sept. 1, 2012. 

Biometric data previously collected or retained in connection with motor vehicle registrations and driver’s and nondriver’s licenses would also have to be deleted from all state databases.  Additionally, DOR would not be able to use, collect, obtain, share or retain biometric data or technology used to obtain this specific data, which includes retinal scanning, facial recognition or fingerprint technology, to produce a driver’s or nondriver’s license, or identify or license applicants.  Certain provisions of this act contain an emergency clause, meaning the legislation would become law upon the governor’s signature. 

The Senate’s Daily Audio/Video Clips for April 9 feature Sen. Kraus, and Sen. Maria Chappelle-Nadal, D-University City, debating SB 252 in the Senate chamber. 

Legislation also sponsored by Sen. Kraus and co-sponsored by Sen. Chappelle-Nadal advanced in the Missouri Senate.  Senate Bill 251 would prohibit Missourians who receive Temporary Assistance for Needy Families (TANF) benefits from inappropriately spending these allocated funds using their Electronic Benefits Transfer (EBT) cards.  Individuals would be banned from using their EBT cards in liquor stores, casinos or other gaming establishments, adult-oriented businesses, or in any place or for any item that is not in the best interest of card holders’ children or household.  These individuals who violate provisions of this act would be required to reimburse the Department of Social Services (DSS).  In addition, a person who knowingly accepts EBT cards in violation of this act would be fined $500 for the first offense, between $500-$1,000 for the second offense, and $1,000 for the third or subsequent offense.

The measure also addresses public fraud by updating criminal provisions relating to welfare fraud to reflect current federal language for Missouri’s food stamp program and EBT card carriers.  Unlawfully receiving, and unlawful conversion and transfer of public assistance benefits or EBT cards is updated to a Class D felony.  It would be a Class A misdemeanor if the face value of the public assistance benefit or EBT card is less than $500.  In addition, no person placed on probation for the offense would be released until full restitution is paid.

Also, the bill would require DSS to establish and maintain a statewide toll-free phone number to receive complaints of 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, 2013.

The Senate’s Daily Audio/Video Clips for April 11 highlight Sen. Kraus and Sen. Chappelle-Nadal during debate before SB 251 received the upper chamber’s first-round of approval. 

The Missouri Senate also gave first-round approval to legislation that would create funding for innovation education campuses throughout the state.  These campuses are educational partnerships between high schools or school districts, Missouri four-year public or private higher education institutions, Missouri-based businesses and Missouri two-year public higher education institutions, including Linn State Technical College.  Innovation education campuses would receive funding created by Senate Bill 381, sponsored by Sen. Kraus, as long as they actively work to lower the cost for students who complete a college degree, decrease the amount of time required for students to earn a college degree, provide applied and project-based learning experiences for students, provide students who graduate with direct access to certain opportunities with Missouri-based businesses that partner with innovation education campuses, and engage and partner with industry stakeholders.  The measure would also recognize the University of Central Missouri as a Missouri Innovation Campus. 

Senate Bill 118, also sponsored by Sen. Kraus and given the Senate’s initial passage, would authorize the creation of treatment courts for veterans.  These courts would handle cases involving substance abuse or mental illness of current or former military personnel.  Veterans’ treatment courts could accept participants who meet certain criteria from other jurisdictions when there is not one of these specific treatment courts located where they are charged.  Also, these courts would refer various substance abuse and mental health treatments to participants.

Legislation Debated in the Senate

Sen. Ed Emery, R-Lamar, is sponsoring legislation this session that would prohibit school districts from requiring a student to use certain radio frequency identification devices, often placed in school ID badges placed on lanyards around students’ necks.  Senate Bill 239 would ban schools from using RFID technology to identify a student, transmit information regarding a student, or monitor or track the location of a student.  Another provision of the bill would extend the authorization timeframe for individuals to obtain teacher certification based on certification by the American Board for Certification of Teacher Excellence from August 2014 to August 2020.

Senate Committees Approve Measures

The Senate Rules, Joint Rules, Resolutions and Ethics Committee voted “do pass” legislation sponsored by Sen. John Lamping, R-Ladue, which would impose a 10-year cooling-off period for members of the General Assembly before they may become lobbyists.  Senate Bill 78 would also bar lobbying for these same individuals who have active campaign committees.

The Senate Education Committee gave its approval to a bill that would change the way Missouri funds public higher education institutions by creating a new model for calculating  a state’s public school funding, moving the legislation to the full Senate for possible debate.  Senate Bill 437, sponsored by Sen. David Pearce, R-Warrensburg, would create a higher education funding model, which includes community colleges, to fund institutions based on both costs and outcomes.  This model would calculate schools’ core operational expenditures, dividing the expenditures into six categories: academic, support, institutional support, instruction, public service, research and student services.   

Ten percent of each public higher education institution’s state appropriation would be designated and set aside as performance funding.  A school would receive performance-based funding if it satisfies the performance measures; if it satisfies all of its performance measures, it would receive all of its performance funding.  This funding would reduce by a proportionate amount for performance measures not met by the school.   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 funding method.

Members of the Senate Agriculture, Food Production and Outdoor Resources Committee gave their approval to Senate Bill 228, sponsored by Sen. Jason Holsman, D-Kansas City.  His measure would establish urban agricultural zones, or UAZs, for blighted areas of land.  Urban agriculture can include a number of food production and distribution-related activities, including plant cultivation or animal husbandry, as well as non-industrial processing and distribution of that food.  Under SB 228, the application to develop an UAZ would have to identify if the zone would be a grower, processing, or vending UAZ, or a combination of all three types of zones.  It would also include the number of jobs that would be created and the types of products produced by the zone. 

Sen. Bob Dixon, R-Springfield, is sponsoring legislation this session that would create the Missouri Works Program.  Under Senate Bill 323, a qualifying company would be able to retain a certain amount of withholding taxes for new jobs if they meet specific criteria.  The total amount of tax credits that could be authorized under the program is limited to $106 million for FY 2014, $111 million for FY 2015 and $116 million for any fiscal year beyond that.  The Missouri Works Program would sunset on Aug. 28, 2019.  The bill would also no longer authorize benefits under the Neighborhood Assistance, Rebuilding Communities, Enhanced Enterprise Zone (EEZ) and the Missouri Quality Jobs tax credit programs after Aug. 28, 2013. 

However, SB 323 would still give governing authorities the ability to designate EEZs and provide local tax abatement.  Currently, tax credits are provided to new or expanding businesses in an EEZ, which are specific geographic areas designated by local governments and certified by the Department of Economic Development (DED).  Zone designation is based on certain demographic criteria, the potential to create sustainable jobs in a targeted industry and a demonstrated impact on local industry cluster development.  Senate Bill 323 would allow the creation of an EEZ by ordinance or resolution through the governing authority.  Approval by DED would no longer be required, and the EEZ would become effective upon passage of the resolution or ordinance. 

The Senate Veterans’ Affairs and Health Committee voted “do pass” a bill that would bring more service-disabled veterans into the workforce.  Current Missouri law requires the Office of Administration (OA) to have a goal of awarding 3 percent of all job or service contracts to qualified service-disabled veteran businesses.  Senate Bill 180, sponsored by Sen. Kraus, would increase OA’s goal to 4 percent and, subject to appropriations, provide $100,000 to veteran organizations in order to promote this program. 

Legislation Considered by Senate Committees

The Senate General Laws Committee this week heard testimony on legislation sponsored by Sen. Chappelle-Nadal.  Senate Bill 124 would create the crimes of failing to stop illegal firearm possession, negligent storage of a firearm and failure to notify a school of firearm ownership.  Failing to stop illegal firearm possession and negligent storage of a firearm would be a Class A misdemeanor, unless death or injury results, which would result in a Class D felony.  Failure to notify the school under this act of firearm ownership would be punishable by a fine up to $100.  Those who are found guilty of negligent storage of a firearm and failure to notify a school of firearm ownership would be fined $1,000, in addition to any other penalties authorized by law. 

The Senate’s Daily Audio/Video Clips for April 9 feature Sen. Chappelle-Nadal speaking before members of the Senate General Laws Committee regarding her legislation, SB 124.

Senators serving on the General Laws Committee also considered Senate Bill 352, sponsored by Sen. Lager.  His legislation would prohibit a government body from offering an exchange program for firearms, unless an ordinance is adopted requiring the sale or trade of each firearm to a licensed dealer.  The bill attempts to stop the use of tax dollars to purchase these firearms obtained through the exchange program, which would later be destroyed — a practice the bill sponsor says he has yet to see in Missouri.  Instead, proceeds from the sale of these firearms would be deposited with the government entity, unless the proceeds are collected by a sheriff, in which case they would be deposited in the County Sheriff’s Revolving Fund.  If the firearm is not sold or traded after it is offered to at least two licensed firearms dealers, then the governmental body may destroy the firearm.

The Senate’s Daily Audio/Video Clips for April 9 highlight Sen. Lager’s testimony during the Senate General Laws Committee hearing on SB 352.

A hearing was conducted in the Senate Seniors, Families and Pensions Committee over a bill that addresses the long-term financial stability of certain public pension systems by mandating specific state retirement plans be 100-percent funded in five years.  Senate Bill 475, sponsored by Sen. Lamping, states if certain plans do not maintain a 100-percent funded ratio, then the plans cannot adjust or increase benefits.  In addition, the legislation would require benefit accruals to cease when a plan falls below 80 percent.  Finally, if an annual plan investment rate of return falls below zero percent, then neither the plan, governing body, nor plan employees could be held civilly liable for the loss of funds or failure to maintain the 100-percent funded ratio.

The Senate’s Daily Audio/Video Clips for April 9 include Sen. Lamping and Sen. Chappelle-Nadal discussing SB 475 in the Senate Seniors, Families and Pensions Committee.

The Senate Transportation Committee heard testimony on House Bill 303, which would designate the new bridge on Interstate 70 crossing the Mississippi River between Missouri and Illinois as the “Stan Musial Memorial Bridge,” if Illinois also makes the name designation.  Similar legislation — Senate Bill 176, sponsored by Sen. Schmitt — was passed by the Senate in late February and delivered to the House for its consideration.

Members of the Senate Veterans’ Affairs and Health Committee considered House Bill 450 this week that would authorize the issuance of a military medallion, medal and certificate of appreciation to any veteran who served in World War II, the Korean Conflict or the Vietnam War as a member of the Missouri National Guard.  This same committee heard testimony on another House bill relating to military honors.  House Bill 702 would allow the Missouri State Treasurer to make specific information, other than Social Security numbers, available to the public regarding military medals  in the office’s possession that have been deemed abandoned property in order to help identify original medal recipients or their heirs or beneficiaries.  The measure would also allow the treasurer to designate veterans’ organizations or similar groups as custodians of military medals until the owners or the heirs/beneficiaries are located.  These organizations would also be able to assist the treasurer’s office in identifying the original owners of the military medals. 

Another bill that received a hearing in the Veterans’ Affairs and Health Committee this week proposes a constitutional amendment requiring the State Lottery Commission to develop and sell a Veterans Lottery Ticket by July 1, 2015.  Under House Joint Resolution 8, the proceeds would go to the Veterans Commission Capital Improvement Trust Fund, which would be used for the construction, maintenance or renovation or equipment needs of state veterans’ homes and cemeteries.  If approved by the General Assembly, the amendment would go before Missouri voters in November 2014 or during a special election called by the governor.

A measure sponsored by Sen. Jamilah Nasheed, D-St. Louis, received a hearing in the Senate Rules, Joint Rules, Resolutions and Ethics Committee.  This proposed constitutional amendment, if approved by voters, would increase the current legislative term limits from a total of eight to 16 years in any one chamber of the General Assembly.  Senate Joint Resolution 10 would still maintain term limits in the Legislature, but allow the senator or representative to split their service between the two legislative chambers.

A similar resolution was also considered by the same committee this week.  House Joint Resolution 4 proposes a constitutional amendment allowing a member of the General Assembly to serve the 16-year maximum in any proportion in either chamber, as long as he or she serves no more than 16 years. 

Finally, the Rules, Joint Rules, Resolutions and Ethics Committee also heard testimony on House Concurrent Resolution 5.  The measure would designate the state of Missouri as a Purple Heart State, honoring the service and sacrifice of the men and women in the Armed Forces who have been wounded or killed while serving to protect the nation’s freedoms. 

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.