Capitol
Briefing: Month of August 2013Majority of Senate Bills Become Law This Month
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JEFFERSON CITY – Missouri’s constitution (Article III, Section 29) states that no law passed by the General Assembly, except appropriations measures or bills containing an emergency clause, can take effect until 90 days after the Legislature constitutionally adjourns on May 30. Most of the bills passed by the General Assembly and signed by the governor, or allowed to lapse into law, took effect on Aug. 28. More than 50 of the 62 Senate bills that received executive approval became law on this date. Some of the most notable measures that took effect on Aug. 28 include bills pertaining to economic development and job creation, the protection of family farms, providing for Missouri’s military and veterans, ensuring the health and safety of all Missourians, preventing public assistance fraud and abuse, and addressing the needs of students and educators in the Show-Me State. Economic Development and Job Creation Senate Bills 10 & 25, sponsored by Sen. Eric Schmitt, R-Glendale, and Sen. Mike Parson, R-Bolivar, respectively, create 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 create 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 automatically sunset six years after Aug. 28, 2013, unless they are reauthorized. Protecting Family Farms 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. Missourians are only allowed to work on their or other family farms, as long as they have the permission of their parents. Providing for Missouri’s Military and Veterans Senate Bill 106, sponsored by Sen. Dan Brown, R-Rolla, allows certain military training courses to convert into academic credit, gives certain members of the Armed Forces the opportunity to keep their professional health-related licenses or certificates while on active duty, and lets military members apply their service toward qualifications to receive a professional license or certificate. The legislation also establishes the child custody and visitation rights of deploying military parents. In addition, it gives the authority to state buildings and state parks to display the Honor and Remember flag, which recognizes and honors fallen members of the Armed Forces of the United States. Ensuring Missourian’s Health and Safety Legislation sponsored by Senate Minority Floor Leader Jolie Justus, D-Kansas City, allows children in foster care a chance to opt back in the system after leaving. Senate Bill 208 raises the age for foster care re-entry from 18 to 21. After the age of 18, those in the foster care system are still able to receive housing, medical assistance, education and job training until they are 21 years old. These young adults may remain in state care until 21; however, if they leave after turning 18, current law states they are not allowed to return to state jurisdiction, and are therefore cut off from these services. This bill corrects that loophole. Preventing Public Assistance Fraud and Abuse Senate Bill 251, sponsored by Sen. Will Kraus, R-Lee’s Summit, and co-sponsored by Sen. Maria Chappelle-Nadal, D-University City, prohibits Missourians who receive Temporary Assistance for Needy Families (TANF) benefits from inappropriately spending these allocated funds using their Electronic Benefits Transfer (EBT) cards. Individuals are 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 are required to reimburse the Department of Social Services (DSS). In addition, a person who knowingly accepts EBT cards in violation of this act will be fined. The bill also updates 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 changes to a Class D felony; it’s 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 will not be released until full restitution is paid. Senate Bill 251 also requires 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 early December 2013. Addressing the Needs of Students and Educators Another measure sponsored by Sen. Kraus creates funding for innovation education campuses throughout the state designed to 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 will 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. Senate Bill 381 also recognizes the University of Central Missouri as a Missouri Innovation Campus. Senate Bill 125, sponsored by Sen. Jamilah Nasheed, D-St. Louis, changes provisions relating to duties of boards of education. The measure requires the declaration of new administrative rules that include standards, appropriate scoring guides, forms, instruments and procedures used in determining the accreditation status of a district. The legislation also allows tenured teachers in the St. Louis City School District to be removed based on incompetency, shortens the written notification waiting period from at least one semester to 30 days in order to dismiss a teacher for inefficiency and incompetency in the line of duty, and prohibits the appointment of teachers when there are properly qualified teachers on unrequested leave of absence to fill vacancies, among other provisions. The bill also removes the two-year waiting period that exists between the classification of a school district as unaccredited and the lapse of the district’s corporate organization. While most bills became law at the end of August, several measures passed by the General Assembly and signed by the governor have varying days of enactment based on different provisions found within the legislation. Senate Bill 23, sponsored by Sen. Parson, creates the “Rebuild Damaged Infrastructure Program” to provide funding for the reconstruction, replacement, renovation or repair to any infrastructure damaged by a presidentially declared natural disaster in the state; clarifies how Missouri uses Nexus — a direct connection with the Show-Me State — to collect out-of-state taxes; changes the Missouri Museum District Act, which expands the scope of museum districts to include buildings and areas used for promoting culture and the arts; and addresses alcohol-related traffic offenses and moving traffic violations, among other provisions. Another provision found in Senate Bill 23 already took effect on July 5 and eliminates both state and local use taxes on motor vehicles, trailers, boats and outboard motors. Instead, a sales tax would be collected for the titling of these items. Taxing jurisdictions that did not previously approve a local use tax must put to a vote of the people whether to discontinue collecting sales tax on titling of the motor vehicle bought from someone other than a licensed Missouri dealer. These same jurisdictions are able to hold a vote to repeal the tax. While most provisions found in Senate Bill 75, sponsored by Sen. Brown, took effect Aug. 28 — establishing the Active Shooter and Intruder Response Training for Schools Program, allowing schools to teach a “gunsafe” program to first graders, addressing how Missourians apply for concealed carry permits, and prohibiting the sharing of records or developing databases with the federal government — one portion of the legislation requires every sheriff to maintain, house, and issue concealed carry permits by Jan. 1, 2014. A majority of the acts included in Senate Bill 99, sponsored by Sen. Joseph Keaveny, D-St. Louis, became law on Aug. 28. These include making the City of St. Louis Public Administrator an appointed position and once again permit the printing of the “Blue Book,” Missouri’s official state manual. The provision relating to the sales tax on the titling of motor vehicles, also found in Senate Bill 23, took effect upon the governor’s signature on July 5. A portion of legislation relating to the civil commitment of sexually violent predators regarding the definition of “sexually violent offense” became law when it received the governor’s signature on July 1. The rest of the provisions found in Senate Bill 188, sponsored by Sen. Gary Romine, R-Farmington, took effect Aug. 28. The bill adds the prosecuting attorney of the jurisdiction where a sexually violent predator is released to the list of individuals who would be served with a petition for conditional release. The legislation also provides access to real-time and recorded information of an electronically monitored sexually violent predator to certain law enforcement agencies while the offender is on conditional release. Senate Bill 262, sponsored by Sen. Shalonn “Kiki” Curls, D-Kansas City, is slated to take effect on Jan. 1, 2014. The bill prohibits larger deductibles, copayments or coinsurance amounts for services using telemedicine compared to the same health care service provided through face-to-face diagnosis, consultation or treatment. The measure also requires individuals to establish a physician-patient relationship before they can receive a prescription for medication or treatment through the Internet; allow health maintenance organizations to charge deductibles and coinsurance for basic health care services; gives those who use prescription eye drops the ability to renew their prescription before they run out of medication; and allows licensed health insurance exchange navigators to facilitate the selection of a qualified health plan and initiate the enrollment process, as well as provide referrals to any applicable office or agency for enrollees regarding questions or concerns relating to their health plan or coverage. Legislation taking effect on July 1 next year ensures timely and accessible voting for Missouri’s servicemen and women. Senate Bill 116, sponsored by Sen. Kraus, changes how uniformed military and overseas voters request, receive and send voter registration applications for absentee ballots by allowing them to go online and request an absentee ballot to cast their vote. The Missouri Secretary of State is required to establish an electronic transmission system that allows a covered voter to apply and receive voter registration material and military-overseas ballots. One of the only Senate bills allowed to lapse into law pursuant to Article III, Section 31 of the Missouri Constitution became law on Aug. 28 with the majority of legislation passed by the General Assembly during the 2013 legislative session. Senate Bill 236, sponsored by Sen. Parson, requires the Missouri State Highway Patrol to receive a specific appropriation before obligating any funds for the purchase of an individual item that costs more than $100,000. The legislation also adds the maintenance of Highway Patrol vehicles, watercraft and aircraft to the Highway Patrol’s Motor Vehicle, Aircraft and Watercraft Revolving Fund. Work on Interim Committees Continues During the 2013 regular legislative session, lawmakers passed a measure (House Concurrent Resolution 25) that created the Joint Interim Committee on St. Louis Metropolitan Statistical Area (MSA) Governance and Taxation. This 10-member committee, made up of members from both the Senate and House of Representatives, is responsible for creating an independent study, reviewing its results, and analyzing the taxation and governance issues facing the St. Louis MSA. In addition, the panel is charged with making recommendations by Dec. 21, 2013, on proposed legislation for the 2014 legislative session. Senators and representatives on this panel held their first organizational meeting in mid-August and selected the committee’s chair and vice chairman. Senate membership on the Joint Interim Committee on St. Louis Metropolitan Statistical Area Governance and Taxation includes Sen. John Lamping, R-Ladue; Sen. Brian Nieves, R-Washington; Sen. Schmitt (co-chair); Sen. Keaveny; and Sen. Gina Walsh, D-Bellefontaine Neighbors. The panel wrapped up the month of August by holding a meeting in Clayton to hear public testimony on the scope of the independent study that will be commissioned by the joint committee. The Senate Interim Committee on Medicaid Transformation and Reform, chaired by Sen. Romine, also met in mid-August. The meeting focused primarily on the supply side of health care. Committee members — Sen. David Sater, R-Cassville (vice chair); Sen. Brown; Sen. Doug Libla, R-Poplar Bluff; Sen. Rob Schaaf, R-St. Joseph; Sen. Wayne Wallingford, R-Cape Girardeau; Sen. Jay Wasson, R-Nixa; Sen. Keaveny; Sen. Paul LeVota, D-Independence; and Sen. Nasheed — explored potential reforms and alternative approaches for the financing, payment and delivery of health care in Missouri. Scheduled testimony was provided by individuals across the state, including citizens from various health care organizations, providers, producers of health care products and services, and third party payers regarding how and what they provide. Those testifying also discussed successful incentives and innovative policies designed to encourage appropriate service delivery and utilization by Missouri’s Medicaid population. To learn more about this committee, visit www.senate.mo.gov/MedcaidTransformation. Members of the Senate Interim Committee on Capital Improvement Assessment and Planning held a meeting at the end of August at the University of Missouri-St. Louis. While in St. Louis, senators visited the Missouri School for the Blind and toured the facility. The committee is responsible for studying the needs of parks, mental health facilities, state buildings and higher education facilities across Missouri; reviewing previously filed legislation regarding capital improvements; and preparing a cost-benefit analysis of proposed projects and studying various mechanisms to fund those projects. Those serving on this interim panel include Sen. David Pearce, R-Warrensburg (chair); President Pro Tem Tom Dempsey, R-St. Charles; Sen. Bob Dixon, R-Springfield; Sen. Parson; Sen. Wallingford; Sen. Curls; and Sen. Keaveny. A complete list of Senate committees can be found on the Senate’s website (www.senate.mo.gov) under the Committees link. This same site provides visitors with a complete list of bills reflecting the governor’s action on each measure. Visitors can also track legislation considered by the General Assembly during the 2013 session and learn more about their legislative district and state senators. Next month, the Capitol Briefing will provide a wrap-up of the Legislature’s annual veto session, when lawmakers have a chance to take up and consider overriding the governor’s veto on the nearly 30 bills that failed to receive his executive approval. 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:
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