Capitol Briefing: Week of May 20, 2013

Missouri Senate’s End of Session Review

Revisiting measures previously delivered to the governor during the 2013 legislative session

JEFFERSON CITY – In the last week of the 2013 legislative session, lawmakers sent to the governor nearly 100 bills for his executive approval.  More than 180 measures were delivered to the governor for his signature in total this year.  Here are some of the measures that reached the legislative finish line before the last week of session.  To see many of the bills passed by the General Assembly during the last week of session, read the previous Capitol Briefing for the week of May 13, 2013.

Job Creation and Economic Development – Passed March 13, Signed March 29

One of the first bills passed by the Legislature and signed by the governor this year creates a tax credit to attract amateur sporting events to the state, which would ultimately create new jobs and boost economic development for those cities that hold events such as the NCAA basketball tournament.  Senate Bills 10 & 25, sponsored by Sen. Eric Schmitt, R-Glendale, and Sen. Mike Parson, R-Bolivar, respectively, 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 would equal $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.  Senate Bills 10 & 25 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 these sporting events.  The Department of Economic Development is prohibited from issuing more than $10 million of these tax credits each fiscal year, which would automatically sunset six years after the bill’s effective date, Aug. 28, 2013, unless they are reauthorized. 

Charitable Contributions – Passed March 13, Signed March 29

Senate Bill 20, sponsored by Sen. Bob Dixon, R-Springfield, was also among the first measures to reach the governor’s desk this year.  The bill reauthorizes and extends certain benevolent tax credit programs:

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

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.

Name Change for Linn State Technical College – Passed April 25

A simple bill that only contains three lines would change the name of Missouri’s first and only public institution devoted solely to technical education at the Associate of Applied Science level.  The institute is located in the legislative district of Sen. Mike Kehoe, R-Jefferson City, who also carried the bill through the Senate.  House Bill 673 would change the name of Linn State Technical College to State Technical College of Missouri.  The name change would take effect on July 1, 2014, if the measure is signed by the governor.

Secured Transactions and Funds Transfers – Passed April 30

House Bill 212, handed by Sen. Joseph Keaveny, D-St. Louis, changes various provisions of the Uniform Commercial Code, which was first published in 1952 and is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transitions in all 50 states within the country.  The act updates the definitions of “authenticate,” “certificate of title,” “public organic record,” and “registered organization,” among other provisions regarding secured transactions and funds transfers relating to the Uniform Commercial Code. 

Changing Various Health Care Services – Passed April 30

Ushered through the upper chamber by Sen. Jay Wasson, R-Nixa, House Bill 315 addresses several health care services areas.  Under certain situations, the bill would allow a pharmacist to dispense an emergency supply of medication with prior authorization from a doctor and give those who use prescription eye drops the ability to renew their prescription before they run out of medication.  The legislation also contains provisions regarding pharmacy permits, athletic trainers’ licenses, and physicians’ license examinations, among others.

Protecting Family Farms – Passed May 1, Signed May 10

Senate Bill 16, sponsored by Sen. Brian Munzlinger, R-Williamstown, exempts farm work performed by children under the age of 16 from certain child labor requirements, including prohibited hazardous jobs, such as operating and maintaining power-driven machinery, climbing ladders, operating vehicles and working with certain chemicals.  Young Missourians are only allowed to work on their own family farms or others, as long as they have the permission of their parents.

Missouri Unemployment Benefits – Passed May 1

Legislation sponsored this session by Sen. Will Kraus, R-Lee’s Summit, 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.  Misconduct standards would also apply when the conduct is reasonably related to the job environment and the job performance, regardless of whether or not it occurred at the workplace or during working hours.  The bill would also define “good cause” as a compelling reason for an employee to cease working or require separation from work due to illness or disability.

Honoring Our State’s Veterans and their Final Resting Place – Passed May 1

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.

Protecting Citizens from Contagious Diseases – Passed May 2

Senate Bill 197, sponsored by Sen. David Sater, R-Cassville, would change how public health authorities address the treatment and prevention of tuberculosis, or TB, a common infectious disease that mostly attacks the lungs and is spread through the air.  In addition, higher education institutions in Missouri would have to implement a targeted testing program on their campuses for all on-campus students and faculty upon enrollment.  Missouri’s colleges and universities would also have to provide a copy of a brochure informing students and their families about meningococcal disease, commonly referred to as meningitis.  This disease affects the lining of the brain and spinal cord when it is infected with certain bacteria and can be spread by individuals who live in close quarters. 

Uniform Wireless  Communications Infrastructure Development Act – Passed May 2

Among other provisions, House Bill 331, handled by Sen. Ed Emery, R-Lamar, in the Senate, addresses infrastructure improvement by creating the Uniform Wireless Communications Infrastructure Deployment Act to aid more investment in this particular area of telecommunications.  Legislators recognized the continuing demand from Missouri citizens and businesses for high speed, wireless connectivity throughout the state.  The legislation would encourage and streamline the deployment of these broadband facilities to help ensure robust wireless communication services are available in each part of the Show-Me State.  This provision is similar to Senate Bill 241, sponsored by Sen. Brad Lager, R-Savannah.

Affordable Physical Therapy for Missourians – Passed May 6

Senate Bill 159, sponsored by Sen. Schmitt, would prohibit physical therapy visits from costing more than the copayment, coinsurance or office visit deductible charged for the same covered service provided by a patient’s licensed primary care physician.  Additionally, the bill requires an actuarial analysis of the cost impact of the new standard established by the legislation.  A report of the actuarial findings would be submitted to the Senate President Pro Tem, Speaker of the House and chairs of the Senate and House standing committees regarding health insurance matters by Dec. 31, 2013.

Naming the New Mississippi River Bridge – Passed May 6

House Bill 303, also carried in the upper chamber by Sen. Schmitt, would designate several highways and bridges located in Missouri.  Similar to legislation already passed out of the Senate — Senate Bills 176 & 192, sponsored by Sen. Schmitt and Sen. Lamping, respectively — a provision in HB 303 would designate the new bridge on Interstate 70 crossing the Mississippi River between downtown St. Louis and southern Illinois as the “Stan Musial Memorial Bridge.”

Government Support for Adoptive Parents – Passed May 7

Senate Bill 47, sponsored by Sen. Lamping, would add adoptive parents to the list of qualified legal guardians of a child who receives subsidies.  A qualified relative is anyone who is related to the child by blood or affinity, as well as any non-related person whose life is so intermingled with the child that the relationship is similar to a family relationship.

Screening Missouri Newborns for Congenital Heart Disease – Passed May 8

Senate Bill 230, sponsored by Sen. Brown, would establish “Chloe’s Law,” which requires every baby born in Missouri to be screened for critical congenital heart disease starting Jan. 1, 2014.  In addition to the screening, informational material, reporting and referral for treatment, if necessary, would be provided to the parents.  The bill outlines procedures for those newborns who are delivered outside of health care facilities and provisions in the legislation would not apply to those who have religious objections to the testing.

Supporting Medical Research for Children – Passed May 8

Legislation sponsored by Sen. Wayne Wallingford, R-Cape Girardeau, would create an income tax return check-off program on Missouri individual and corporate income tax forms to provide funds for CureSearch for Children’s Cancer.  For all tax years, beginning Jan. 1, 2013, Senate Bill 35, also known as “Sahara’s Law,” would allow taxpayers to donate to the newly created Pediatric Cancer Research Fund by designating a portion of their income tax refund.  The amount of the donation must be at least $1 on an individual return or at least $2 on a combined return.

Ensuring Timely and Accessible Voting for Missouri Servicemen and Women – Passed May 8

A measure sponsored by Sen. Kraus that would change how uniformed military and overseas voters request, receive and send voter registration applications for absentee ballots has been sent to the highest member of the executive branch for his approval.  Senator Kraus, a service member in the U.S. Army Reserve, knows 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.

Second Amendment Preservation Act – Passed May 8 

House Bill 436, handled by Sen. Brian Nieves, R-Washington, would create the Second Amendment Preservation Act, which lists various declarations of the Missouri General Assembly regarding the U.S. Constitution and the scope of the federal government’s authority.  This provision is similar to Senate Bill 325, also sponsored by Sen. Nieves.  The House bill would prohibit political subdivisions from banning anyone with a valid concealed carry endorsement to openly carry a firearm; allow schools to designate teachers or administrators as school protection officers who would have to carry a firearm at all times while on school property; make it a crime to publish identifying information about a firearm owner or applicant for a firearm; prohibit health care professionals from being required to ask patients if they own a firearm, document ownership in medical records, or notify other entities about patients’ gun-ownership status; and lower the age for conceal carry from 21 to 19 years old.  The bill would also recognize responsible gun ownership, including parental supervision of minors in proper use, storage and ownership of all firearms, as well as the prompt reporting of stolen firearms. 

Income Tax Reform – Passed May 9

House Bill 253, handled by Sen. Schmitt in the upper chamber, was also sent to the governor’s desk for his signature.  The bill phases in an individual business income deduction, reducing the tax by .5 percent over a 10-year period, from 6 to 5.5 percent.  In addition, it would implement a 50 percent deduction over five years for business income reported on individual tax returns and requires $100 million in increased revenue each year, making the tax cuts effective only if state revenues continue to raise.  The measure would also reduce corporate income tax rates by three points over 10 years, from 6.25 to 3.25 percent.  House Bill 253 changes how the state collects sales and use taxes, removing this tax from the fees paid to amusement, entertainment or recreation, games and athletic events.  Currently, Missouri cannot require out-of-state companies that do not have “nexus,” or direct connection, with the Show-Me State to collect and remit use tax.  This legislation changes the definition of nexus to collect out-of-state taxes from online sales.  The bill would also create an amnesty program in which penalties and interest would be waived for state taxes due as of Dec. 31, 2013.

Lawmakers concluded the First Regular Session of the 97th General Assembly on Friday, May 17.  The Legislature will adjourn sine die, “without delay,” on May 30, meaning lawmakers will adjourn without appointing a day on which to appear or assemble again.  However, barring a special session called by the governor, legislators are scheduled to convene for their annual veto session in mid-September.

To see a complete list of “truly agreed to and finally passed” legislation, visit www.senate.mo.gov.  On this site, visitors can track legislation considered by the General Assembly during the 2013 session and learn more about their legislative district and state senators.

The Missouri Senate’s Capitol Briefing will be distributed and posted monthly throughout the interim.  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.