JEFFERSON CITY – With only four weeks left in the 2013 legislative session, lawmakers in the Senate are on a steady pace approving bills in the upper chamber and advancing them to the House for its consideration.  Also, members of the Senate Appropriations Committee voted “do pass” the 13 budget bills that make up Missouri’s operating budget for FY 2014. 

Senate Bills Reach House for Consideration

With a near party-line vote, lawmakers in the Missouri Senate gave their final approval to a bill that would reauthorize the New Markets Tax Credit (NMTC) and make changes to this program.  The NMTC program provides supplemental funding for investment entities that have been approved for this tax credit in order to direct more funding to Missouri projects.  This program provides state and federal tax credits to those who make investments into approved funds, which would then be invested in eligible projects located in low-income census tracts in Missouri.  Senate Bill 112, sponsored by Sen. Scott T. Rupp, R-Wentzville, would require 150 percent of the capital that the Community Development Entities 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. 

The Senate gave unanimous approval to Senate Bill 159, sponsored by Sen. Eric Schmitt, R-Glendale.  Individuals who undergo surgery are many times prescribed physical therapy, which is often considered specialty care.   This legislation would not allow 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 licensed primary care physician. 

Several bills sponsored by Sen. Will Kraus, R-Lee’s Summit, received the Senate’s final approval this week. Senate Bill 381 would create funding for innovation education campuses throughout the state.  These campuses would establish educational partnerships between high schools or school districts, Missouri two- or four-year public (including Linn State Technical College) or four-year private higher education institutions, and businesses in the Show-Me State.  Innovation education campuses would receive funding 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;
• Give students who graduate direct access to certain opportunities with Missouri-based businesses that partner with innovation education campuses; and
• Engage and partner with industry stakeholders.

The legislation would also recognize the University of Central Missouri as a Missouri Innovation Campus.

Senate Bill 252 would prohibit the Missouri Department of Revenue (DOR) from retaining, scanning or transferring source documents or certificates of qualifications provided by Missourians who apply for or renew driver’s or nondriver’s licenses or concealed carry endorsements (CCWs).  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.  The bill also would repeal the provisions that require Missourians to present their certificate of qualification to DOR for a driver’s or nondriver’s license with a CCW endorsement.  Instead, the permit issued by the sheriff would authorize citizens to carry concealed firearms. 

The Senate’s Daily Audio/Video clips for April 17 feature Sen. Kraus and Sen. Jamilah Nasheed, D-St. Louis, discussing SB 252 before the legislation received final approval.    

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.  Under the legislation, 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 households.  Those 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 bill would also update criminal provisions relating to welfare fraud to reflect current federal language for Missouri’s food stamp program and EBT card carriers.  Unlawfully receiving, converting and transferring of public assistance or EBT cards would change 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.  Individuals on probation for the offense would not be released until full restitution is paid.  Senate Bill 251 would also require DSS to establish and maintain a statewide toll-free phone number to receive complaints of suspected public assistance fraud, as well as study analytical modeling-based methods of detecting fraud and issue a report to the General Assembly and governor by Dec. 1, 2013. 

Senate Bill 118 would authorize the creation of treatment courts for veterans.  The legislation would allow these courts to 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.  These courts would also refer various substance abuse and mental health treatments to participants. 

Legislation sponsored by Sen. Maria Chappelle-Nadal, D-University City, would change how certain votes are counted during public meetings.  Senate Bill 170 would allow members of public government to cast roll-call votes in meetings if they are participating through videoconferencing.  Currently, all votes taken by roll call in public government meetings made up of elected members, except for the Missouri General Assembly and any committee established by a public government body, can only be cast by members who are physically present and in attendance at the meeting.

Sponsored by Sen. Bob Dixon, R-Springfield, Senate Bill 327 addresses the electronic monitoring of certain criminal defendants.  The legislation would allow a person charged with a crime pending trial or an individual convicted of a crime and placed on probation to be placed on electronic monitoring if the citizen can afford the costs or the county commission agrees to pay the costs of the monitoring from its general revenue.

A measure that would increase penalties for moving violations and traffic offenses occurring within an active emergency zone also received final approval in the Senate this week.  Senate Bill 282, sponsored by Sen. Jay Wasson, R-Nixa, would assess a fine of $35, in addition to any other fine authorized by law, to individuals who are convicted of their first moving violation in a zone that is visibly marked by emergency responders on or around a highway and where an active emergency or incident removal is temporarily occurring.  A second or subsequent offense within these zones would include a fine of $75.

The bill also increases the offense of endangering emergency responders while in an active emergency zone if they exceed the posted speed limit by 15 mph or more; pass another vehicle; fail to stop for a marked worker or signal; drive through or around an active zone; physically assault, threaten or attempt to assault an emergency responder; or intentionally strike or move barrels, barriers or signs, among other provisions.  These acts would result in a fine no more than $1,000; however, if a death or injury is a result of one of these actions, then the fine is no more than $5,000 if the responder is injured and no more than $10,000 if the worker is killed in the line of duty. 

Senators in the upper chamber gave their final approval to a mental health bill that further defines standards in order to hold someone in mental health detention and evaluation.  Senate Bill 226, sponsored by Sen. Kurt Schaefer, R-Columbia, addresses Comprehensive Psychiatric Services by redefining “gravely disabled” to mean a condition in which individuals of any age, as a result of mental illness or mental disorder, lacks judgment in the management or their resources and in the conduct of their social relations to the extent that their health or safety is significantly endangered and they lack the capacity to understand this endangerment.  The bill sponsor says the term “gravely disabled” is already in state statute; the legislation makes the provision its own qualification.  However, Missourians who have developmental disabilities cannot be gravely disabled, unless they also have a mental illness or mental disorder.  The determination of gravely disabled individuals would be based on their mental illness or mental disorder.

The Senate’s Daily Audio/Video clips for April 16 includes Sen. Schaefer discussing SB 226 before it received the upper chamber’s first-round approval. 

Senate Bill 256, sponsored by Sen. Ryan Silvey, R-Kansas City, would make changes to the state’s Safe Place for Newborns Act of 2002, which protects newborn children from injury or death caused by abandonment by a parent, and provides safe and secure alternatives to the abandonment of a baby.  Currently, the law prohibits parents from being prosecuted for leaving a newborn up to five days old in the custody of a member of the medical field or an emergency responder.  Senate Bill 256 would increase this time period up to 45 days after the baby is born and include maternity homes and pregnancy resource centers as permissible places to leave a child.  The bill would not require parents to release identifying information about themselves or the child and would prohibit those whom the child is left with from attempting to locate or determine the identity of the parents.  An amendment offered by Sen. Gary Romine, R-Farmington, and adopted by the Senate during debate would require schools to teach high school students enrolled in health education courses about the Safe Place for Newborns Act.

Sen. David Sater, R-Cassville, is sponsoring Senate Bill 205 this session that would require all children over the age of 15 who are in foster care or in the Division of Youth Services to receive a visit to a Missouri state university, community or technical college.  Beginning July 1, 2014, this legislation would give these individuals the opportunity before they are adopted, have their foster care terminated, or complete the division’s custody or training to visit a university, community or technical college in the Show-Me State.  Their visit would include an entry application process, financial support application and availability, career options with academic or technical training, a campus tour, and other information the young Missourian would like to learn and experience. 

The Senate’s Daily Audio/Video clips for April 16 features Sen. Sater debating SB 205 before members gave their initial approval of the bill.  Senate Minority Floor Leader Jolie Justus, D-Kansas City, offers an amendment during debate, which was later adopted. 

Senators gave final approval to Senate Bill 366, sponsored by Sen. John Lamping, R-Ladue.  The legislation would create the Rebuild Damaged Infrastructure Program to repair infrastructure harmed by natural disasters.  The program would provide funding for the reconstruction, replacement or renovation of, or repair to any infrastructure damaged by a presidentially declared natural disaster in Missouri.  Certain funds from the Insurance Dedicated Fund, Lewis and Clark Discovery Fund, Department of Revenue Information Fund and the Missouri Health and Educational Facilities Authority Act would be transferred to the Rebuild Damaged Infrastructure Fund created by this act, starting July 1, 2013.  The program and fund would expire June 30, 2014.

The Senate’s Daily Audio/Video clips for April 17 also include Sen. Lamping; Sen. Brian McKenna, D-Crystal City; Sen. Brad Lager, R-Savannah; and Sen. Jason Holsman, D-Kansas City, discussing SB 366. 

The Senate gave its approval to a resolution that urges the U.S. Department of Defense to reconsider the reduction and realignment of Army forces at Fort Leonard Wood, which is proposed in the Programmatic Environmental Assessment for Army 2020 Force Structure Realignment.  Senate Concurrent Resolution 13, sponsored by Sen. Dan Brown, R-Rolla, also urges the continuation and full operation of this installation, located in the heart of the Ozarks.

Senators also gave their approval to two House concurrent resolutions this week.  House Concurrent Resolution 5, handled in the Senate by Sen. Sater, would designate Missouri as a Purple Heart State.  The resolution recognizes the men and women who have selflessly served their country and the state of Missouri in the Armed Forces, including those who paid the highest price for freedom with their lives.  As a Purple Heart State, Missouri would show its honor of the service and sacrifice of the nation’s men and women in uniform who have been wounded or killed by the enemy while serving to protect the freedoms enjoyed by all Americans.

Handled by Sen. David Pearce, R-Warrensburg, lawmakers also gave their approval to House Concurrent Resolution 19.  This resolution strongly urges the continued and increased development and delivery of North American oil to U.S. refineries, and the approval of the Keystone XL Pipeline project.  This resolution is similar to a measure Sen. Pearce is sponsoring in the Senate, Senate Concurrent Resolution 7, which urges Congress to support greater domestic development of sources of oil in the nation and approves the Keystone XL Pipeline project.

Lawmakers in Senate Advance Legislation

Legislation sponsored by Sen. Mike Cunningham, R-Rogersville, would allow members of nonprofit organizations to prepare food, in a private home or other area, and serve it to individuals who attend charitable fundraising events.  Senate Bill 432 does not apply to food establishments that are regulated by the Missouri Department of Health and Senior Services and provide food for an event.  During floor debate, senators offered amendments, which were ultimately adopted, that would exempt Jefferson, St. Louis, and St. Charles counties and the City of St. Louis from the bill. 

Senate Bills 317 & 319, sponsored by Sen. Romine, would allow proof of financial responsibility to be displayed using an image on a mobile electronic device, such as a cell phone or tablet.  Under the act, an image of a motor vehicle liability insurance policy displayed on a mobile electronic device would serve as proof of insurance, instead of submitting a hard copy of an insurance identification card.  The legislation would also allow certain types of policies (property, liability, accident and health, etc.) to be posted on an insurance company’s website as long as it does not contain personally identifiable information.  An amendment offered by Sen. Paul LeVota, D-Independence, and adopted during floor debate this week changes the process for obtaining free license plate tabs.  Currently, individuals who seek to have their stolen license plate tabs replaced at no cost must submit a police report.  The provision added to SBs 317 & 319 replace the police report with a notarized affidavit verifying that the tab or tabs were stolen. 

Both SB 432 and SBs 371 & 319 need a final vote before moving on to the House for similar consideration. 

Senators Consider Various Measures

Lawmakers spent a majority of Monday on the Senate floor debating Senate Bill 291, sponsored by Sen. Rupp.  The bill would require the Missouri Office of Administration (OA) to set a goal of awarding at least 3 percent of contracts for goods, services and supplies to qualifying vendors.  These vendors are defined as individuals with certain disabilities, businesses or entities that employ disabled individuals who perform at least 70 percent of the direct labor hours required to fill the contract, or nonprofit agencies that meet the eligibility criteria to participate in the federal AbilityOne program — a program created by Congress in 1938 that enabled agencies serving people who were blind to sell products to the federal government.  Before awarding a contract, OA would have to consider the interests of businesses currently under contract and determine if failing to renew the contract would have a severe adverse impact on the current contracting business.

Measures Voted “Do Pass” by Senate Committees

The Senate General Laws Committee voted a series of designation bills “do pass” this week.

• Senate Bill 37, sponsored by Sen. Wayne Wallingford, R-Cape Girardeau, would make March 27th “Medical Radiation Safety Awareness Day,” a day set aside to encourage citizens and health care professionals in communities to be aware of not only the benefits of radiographic medical procedures, but the potential dangers of overexposure to radiation during diagnostic imaging and radiation therapy.
• Senate Bill 206, sponsored by Sen. Rob Schaaf, R-St. Joseph, would name the “jumping jack” as the official exercise of the state of Missouri.  This exercise was invented by Missouri native General John J. Pershing as a drill for cadets when he was tactical officer at West Point in the late 1800s. 
• House Bill 68 would designate the month of November in Missouri as “Pancreatic Cancer Awareness Month” to encourage citizens to participate in activities and events that increase the awareness of this incurable cancer that has a low rate of survival due to the advanced stage of the disease when symptoms typically present themselves.
• House Bill 306 would name official state dogs.  “Old Drum” would be the official state historical dog, whose death became the subject of an 1870 Missouri Supreme Court case with a famous speech as the closing argument in the case known as the “Eulogy to Old Drum.”  The official state wonder dog would go to “Jim the Wonder Dog,” a Llewellyn setter and champion hunting dog that could carry out commands in any language, including Morse code and sign language.  This dog also predicted the winner of seven Kentucky Derbies, the World Series and the gender of unborn babies. 

This same committee gave its approval to House Bill 278, moving it to the full Senate for possible debate.  The legislation would prohibit any state or local government or public place, including parks and schools, from banning or restricting the practice, mention, celebration or discussion of any federal holiday. 

Senate Panels Hear Testimony on Several Bills

Members of the Senate Judiciary and Civil and Criminal Jurisprudence Committee this week heard testimony on several bills.  Senate Bill 96, sponsored by Sen. Justus, would prohibit discrimination, including unlawful housing practices, denial of loans or other financial assistance, refusing membership into an organization relating to the selling or renting of residences, unlawful employment practices, and denial of the right to use public accommodations, based on a person’s sexual orientation or gender identity.  “Sexual orientation” under the bill is defined as a male or female’s heterosexuality, homosexuality, or bisexuality by inclination, practice, identity or expression.  In addition, “gender identity” is defined as the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, with or without regard to the individual’s designed sex at birth. 

Legislation sponsored by Sen. Romine, was also considered by the committee.  Senate Bill 338 changes provisions relating to correctional treatment programs for offenders who are under the age of 18.  Currently, the Department of Corrections is required to establish correctional treatment programs for offenders who are under the age of 17, those who over the age of 17 are separated from the younger offenders.  This act lowers the age of the offenders in the programs to under the age of 18, among other provisions.    

Committee members heard testimony on Senate Joint Resolution 9, sponsored by Sen. Ed Emery, R-Lamar.  This proposed constitutional amendment, if approved by Missouri voters, would require all impeachments be tried by the Senate, rather than before the Missouri Supreme Court.  However, when the impeachment of the governor is tried, the chief justice of the Missouri Supreme Court would preside over the Senate.  The joint resolution would also require a two-thirds vote of all senators present before a person is convicted.  Currently, Article VII, Section 2 of the Missouri Constitution states the House of Representatives has the sole power of impeachment and all impeachments must be tried before the Missouri Supreme Court, except for the governor or a member of the supreme court, who must be tried by a special commission of seven eminent jurists to be elected by the Senate.  No person can be convicted without the concurrence of five-sevenths of the court or special commission.  If passed by the Legislature, the measure would appear on the ballot in November 2014 or at a special election called by the governor. 

Finally, this panel considered House Bill 457, which states that individuals who provide medical services would not be required to perform or participate in activities that violate their conscience or principles.  The bill specifies that medical professionals or health care institutions that provide medical service would have the right not to participate in and could not be required to participate in any phase of patient medical care, treatment or procedure that would violate their conscience, which includes their religious, moral or ethical principles.  The legislation would also protect medical professionals and health care institutions from being held civilly, criminally or administratively liable for declining to participate, provide or perform any specified medical procedure or research that would violate their conscience, among other provisions.  This bill is similar to Senate Bill 84, sponsored by Sen. Rupp, which was voted out of the Judiciary Committee in early March.

The Senate Progress and Development Committee heard testimony on legislation that would lower the offense of criminal nonsupport.  Individuals and parents commit this crime if they knowingly fail to provide, without good cause, adequate support for their spouse and children or stepchildren (who are not emancipated by law), respectively.  Currently, criminal nonsupport is a Class A misdemeanor (up to a year in jail and a fine of up to $1,000), unless the total amount overdue exceeds 12 monthly payments, which is classified as a Class D felony (imprisonment up to four years and a fine of up to $5,000, or twice the amount of the offender’s gain, up to $20,000).  Senate Bill 347, sponsored by Sen. Nasheed, would make all offenses of nonsupport punishable as infractions, which carry a penalty of a fine up to $200 and include no imprisonment. 

In the Senate Rules, Joint Rules, Resolutions and Ethics Committee, lawmakers considered House Concurrent Resolution 16, which encourages the Missouri Veterans Commission to work with the U.S. Department of Veterans Affairs to address the needs of women veterans and formally honor the heroic service of women veterans.  Women have served in all of America’s wars and conflicts, from the American Revolution to the wars in Iraq and Afghanistan, with a force of more than 14 percent currently serving on active duty and nearly 17 percent serving in the Army Reserve and National Guard.  The resolution acknowledges that the role of women in the military have changed over time and will continue to evolve.

This committee also heard testimony on Senate Concurrent Resolution 4, sponsored by Sen. Schmitt.  This resolution would establish the Joint Interim Committee on Funding for Elementary and Secondary Education.  The 10-member panel would study the elementary and secondary education foundation formula during the legislative interim — the time between the 2013-2014 legislative sessions. A report with the committee’s recommendations would be submitted to the Senate President Pro Tem and the Speaker of the House by January 2014.

The Missouri Senate is slated to take up the 13 bills that make up the state’s operating budget for Fiscal Year 2014 starting Monday at 4 p.m., when lawmakers are scheduled to return to the Senate floor for debate.   

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.