Capitol
Briefing: Month of July 2013Deadline Arrives for Executive Action on
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JEFFERSON CITY – According to the Missouri Constitution, the governor has 15 days to act on a bill if it is delivered to him during the legislative session and 45 days if the Legislature has adjourned (constitutional adjournment is May 30) or has recessed for a 30-day period. The 45-day threshold ended on July 14, meaning the governor either had to sign or veto measures that were delivered to his desk. Those bills not receiving his executive approval will become law on their effective dates, as prescribed by Article III, Section 31 of the state’s constitution. Maintaining Public Safety Equipment – Allowed to go into effect July 14, 2013 A Senate measure passed by the General Assembly and delivered to the governor 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. Senate Bill 236, sponsored by Sen. Mike Parson, R-Bolivar, also adds the maintenance of Highway Patrol vehicles, watercraft and aircraft to the Highway Patrol’s Motor Vehicle, Aircraft and Watercraft Revolving Fund. Raising Lender Fees for Certain Loans – Signed July 12, 2013 Legislation sponsored by Sen. David Pearce, R-Warrensburg, raises 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 raises the fee to $75 and 10 percent, respectively. The measure puts state chartered banks in line with those on the federal level. Ensuring Quality, Dedicated Teachers for Missouri Students – Signed July 12, 2013 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. Also signed on July 12 was Senate Bill 258, sponsored by Sen. Paul LeVota, D-Independence. His bill reduces the membership of the Kansas City School District Board of Education and changes the election date for board members. Protecting Students and Teachers in the Classroom – Signed July 12, 2013 A public safety measure passed by the General Assembly this year and signed by the governor allows schools to teach a gun accident prevention program and prepare teachers for potentially dangerous or armed intruders. Sponsored by Sen. Dan Brown, R-Rolla, Senate Bill 75 establishes the Active Shooter and Intruder Response Training for Schools Program, which trains teachers and school employees on how to respond to students with information about a threatening situation and how to address a potentially dangerous or armed intruder or active shooter in or on school grounds. In addition, the legislation allows schools to teach the Eddie Eagle Gunsafe Program, or a similar program, to first graders. The program promotes safety and protection of children and emphasizes how students should respond if they come across a firearm. The bill bans the use of firearms during teaching of the program. Other provisions address how Missourians apply for concealed carry permits and prohibit the sharing of records or developing databases with the federal government. Another public safety measure signed July 12, sponsored by Sen. Brian Munzlinger, R-Williamstown, allows income tax refunds and lottery payouts to counterbalance the loss of compensation for unpaid debts to county jails. Senate Bill 42 also prohibits those with delinquent county jail debts from holding a concealed carry endorsement or licenses to hunt or fish. Increasing Health Care Accessibility – Signed July 12, 2013 Senate Bill 262 was originally filed as legislation designed to prohibit 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. Sponsored by Sen. Shalonn “Kiki” Curls, D-Kansas City, this measure also includes provisions that require 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; and give those who use prescription eye drops the ability to renew their prescription before they run out of medication, among other health insurance provisions. Education-related Measures Benefit Students and Teachers – Signed July 11, 2013 Senate Bill 381, sponsored by Sen. Will Kraus, R-Lee’s Summit, 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 can 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 also recognizes the University of Central Missouri as a Missouri Innovation Campus. Another education measure signed by the governor establishes the Career and Technical Education Advisory Council to develop a statewide short-range plan for career and technical education, identify legislative recommendations to improve career and technical education, and promote coordination of existing career and technical programs. Senate Bill 17, sponsored by Sen. Munzlinger, also creates “Bryce’s Law,” which establishes scholarship funds or clinical trials for behavioral interventions for those children who fall on the autism spectrum, and the Advisory Council on the Education of Gifted and Talented Children, established to help promote this particular group of students in the Show-Me State. Modifying Missouri’s Second Injury Fund and Workers’ Compensation System – Signed July 10 One of the most high-profile measures, described by leaders as the Senate’s top priority for the regular session, received the governor’s signature days before his deadline to sign truly agreed to and finally passed legislation. Senate Bill 1, sponsored by Sen. Scott T. Rupp, R-Wentzville, addresses Missouri’s insolvent Second Injury Fund by establishing priority for paying fund liabilities and instituting a funding mechanism to bolster the Second Injury Fund when usual collections are inadequate. The bill also prohibits claims for permanent partial disability against the Second Injury Fund, defines “occupational disease due to toxic exposure,” and creates an expanded benefit for occupational disease due to toxic exposure, among other provisions. Bills Benefiting Veterans and Current Military Members – Signed July 10 Numerous bills relating to veterans and members of the military in Missouri received the governor’s signature this month. Legislation ensuring timely and accessible voting for Missouri’s servicemen and women was among those measures. Senate Bill 116 changes how uniformed military and overseas voters request, receive and send voter registration applications for absentee ballots. Senator Kraus is a service member in the U.S. Army Reserve and sponsored the legislation. Senate Bill 116 allows servicemen and women 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 — 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. Senate Bill 106, sponsored by Sen. Brown, 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. Another bill relating to military in the state, sponsored by Sen. Kraus, gives those who receive an honorable or general discharge from the military Missouri resident status in order to pay in-state tuition at one of the Show-Me State’s public higher education institutions. Senate Bill 117 also contains provisions found in Senate Bill 106 addressing the Honor and Remember flag and child custody and visitation rights. Senate Bill 118, also sponsored by Sen. Kraus, authorizes the creation of treatment courts for veterans. The legislation allows these courts to handle cases involving substance abuse or mental illness of current or former military personnel. Veterans’ treatment courts can 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 can also refer various substance abuse and mental health treatments to participants. Finally, legislation ensuring the remains of Missouri veterans are property handled and honored also received the governor’s signature. Senate Bill 186, sponsored by Sen. Brown, allows 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. This legislation specifies the procedure for release of these remains so veterans’ services can take care of internment. Protecting Missouri Newborns – Signed July 9 Senate Bill 230, sponsored by Sen. Brown, establishes “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. Another measure signed by the governor designed to protect babies born in Missouri is Senate Bill 256, sponsored by Sen. Ryan Silvey, R-Kansas City. The bill makes 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 increases this time period up to 45 days after the baby is born and includes maternity homes and pregnancy resource centers as permissible places to leave a child. The bill does not require parents to release identifying information about themselves or the child and prohibits those whom the child is left with from attempting to locate or determine the identity of the parents. The bill also requires schools to teach high school students enrolled in health education courses about the Safe Place for Newborns Act. Legislation Relating to Health Care – Signed July 8 The governor lent his signature to several Senate bills relating to the health care industry and those who practice in this field. Senate Bill 89, sponsored by Sen. Munzlinger, allows certain nursing home districts to establish senior housing and modifies provisions relating to health information organizations; Senate Bill 127, sponsored by Sen. David Sater, R-Cassville, changes various public assistance provisions, including MO HealthNet dental, home- and community-based referrals, modifies adjusted gross income methods for MO HealthNet eligibility, and reauthorizes Missouri’s Ticket-to-Work Program; Senate Bill 161, sponsored by Sen. Pearce, requires actuarial analyses to determine potential costs of instituting oral anti-cancer medications compared to injected cancer medications as well as diagnosing and treating certain eating disorders; and Senate Bill 330, sponsored by Sen. Jay Wasson, R-Nixa, which change provisions relating to professional licenses, including those who serve on the State Board of Chiropractic Examiners, dental assistants, and hearing instrument specialists. Addressing Public Assistance Fraud and Abuse – Signed July 8 Senate Bill 251, sponsored by Sen. Kraus, 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. When the bill takes effect, 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 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. 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 could 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. Eliminating State and Local Use Taxes on Certain Items – Signed July 5 Sponsored by Sen. Parson, Senate Bill 23 eliminates both state and local use taxes on motor vehicles, trailers, boats and outboard motors, and instead collects a sales tax 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. The legislation also 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 for online purchases; 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. The measure contained an emergency clause, meaning it became law upon receiving the governor’s signature. Legislation Pertaining to State Government and Elections – Signed July 5 A measure initially sponsored by Sen. Joseph Keaveny, D-St. Louis, making the position of the City of St. Louis Public Administrator an appointed position, rather than an elected one, also received the governor’s signature. During debate, several amendments were added to Senate Bill 99, including one similar to a provision found in SB 23 that addresses the taxes on motor vehicles, trailers, boats and outboard motors and would allow citizens to vote on whether to remove the application of the local sales tax to the titling of these types of vehicles. Among other provisions, the legislation once again permits the printing of the Official Manual of the State of Missouri, known as the “Blue Book.” Electronic Monitoring and DWI Courts – Signed July 3 Senate Bill 327, sponsored by Sen. Bob Dixon, R-Springfield, addresses the electronic monitoring of certain criminal defendants. The legislation allows 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 under house arrest if the citizen can afford the costs or the county commission agrees to pay the costs of the monitoring from its general revenue. The measure also prohibits the rejection of individuals from participating in a DWI court if they do not live in the city or county where the DWI court is located. Modifying Procedures within the Judicial System – Signed July 2 Legislation sponsored by Sen. Keavney, addresses numerous provisions of the Missouri judicial system. Senate Bill 100 expands exemptions for individuals who declare bankruptcy to include money they have accumulated in a health savings plan or received from an inherited individual retirement account (IRA). The measure also contains other judicial provisions relating to adoption proceedings, DWI courts, and surcharges in civil cases, among other acts. Bringing More Efficiency to Child Support Order System – Signed July 1 Another measure sponsored by Sen. Keaveny modifies provisions of state law relating to administrative child support orders. Senate Bill 69 grants administrative hearing officers from the Department of Social Services the ability to set aside or correct administrative child support decisions or orders and proposed administrative modifications of a judicial order. The legislation allows officials to be more efficient and effective by correcting certain errors in child support orders, which would otherwise have to be reheard in court. Protecting the Public from Sex Offenders – Signed July 1 Senate Bill 188, sponsored by Sen. Gary Romine, R-Farmington, addresses civil commitments of sexually violent predators by defining “sexually violent offense,” adding the prosecuting attorney of the jurisdiction where the sexually violent predator is released to the list of individuals who would be served with a petition for conditional release, and providing 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. Addressing Delinquent Property Taxes – Signed July 1 Currently county collectors have the authorization to use procedures for selling property when the property taxes and special assessments for Neighborhood Improvement Districts are delinquent. Senate Bill 248, sponsored by Sen. Wasson, gives collectors the option to use these procedures when other types of special assessments are delinquent. The bill also allows a person who is not the owner or a lienholder to pay original property taxes plus interest without the knowledge and consent of the owner; this payment would not result in a lien on the property or person. Ensuring Public Safety and Privacy – Signed July 1 A bill sponsored by Sen. Kraus prohibits 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 is banned from retaining copies of any certificate of qualification for a concealed carry endorsement (CCW). Under the bill, DOR is not 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 do not apply to documents required under federal motor carrier regulations. The legislation also requires 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. An additional provision in the SB 252 allows for donations to be made on motor vehicle registration applications to the National World War I Museum at Liberty Memorial in Kansas City. Because this bill contained an emergency clause, it took effect immediately upon receipt of the governor’s signature. Unless otherwise noted, the measures listed above will take effect on Aug. 28. Vetoed Senate Bills In addition to signing into law multiple Senate bills this month, the governor also lent his veto pen to several Senate measures. Senate Bill 224, sponsored by Sen. Curls, was a multi-provisional bill relating to crimes and law enforcement officers and agencies. The legislation would have made it a Class B misdemeanor for anyone 21 years or older to use a fake ID in order to enter a gambling boat, making those who caught trying to board a gaming boat with false identification charged with an infraction and a $500 fine. In addition, it addressed how the state punishes individuals who fail to pay their child support payments by further defining a term used for criminal nonsupport and would have allowed a person to petition the court for expungement, or the striking, of the criminal records of a first felony offense of criminal nonsupport under certain conditions. The governor also vetoed legislation that would have prohibited Missouri or any town, city or county from implementing policy recommendations that infringe on private property rights. Senate Bill 265, sponsored by Sen. Brian Nieves, R-Washington, relates to Agenda 21, adopted in 1993 by the United Nations that is a non-binding voluntary implemented action plan relating to sustainable development. The bill would have also banned the state from entering into an agreement with, expending money for, receiving funds or contracting services from, or giving financial aid to any organization accredited and enlisted by the United Nations in order to assist in the implementation of Agenda 21. In addition, Senate Bill 34, sponsored by Sen. Mike Cunningham, R-Rogersville, would have required the Division of Workers’ Compensation to develop and maintain a workers’ compensation claims database that is searchable by an employee’s name and Social Security number. The legislation, which received the governor’s veto in early July, would have streamlined the requests for workers’ compensation records that are already accessible by potential employers. Senate Bill 9, sponsored by Sen. Pearce, was an omnibus agriculture bill that was also vetoed by the governor. The measure, among other provisions, would have created the Career and Technical Education Advisory Council to make recommendation regarding the oversight and procedures for the handling of students’ career and technical education organization funds; allowed the University of Missouri extension councils to form extension districts; allowed for additional civil penalties to be imposed for violations of the Missouri Livestock Disease Control and Eradication Law; strengthened the crimes of stealing livestock and animal neglect, trespass and abuse; and prohibited foreign businesses from owning certain agricultural land, the main provision behind the governor’s veto. However, the provision creating extension districts was contained in House Bill 542, another inclusive agriculture bill signed by the governor in early July. Another agriculture bill vetoed by the governor, Senate Bill 342, was sponsored by Sen. Parson. The veto pertained to a provision that would exempt Cape Girardeau from the section of state law that bans the Department of Natural Resources from issuing permits for mine pan boundaries that are within 1,000 feet of an accredited school. This measure would have also extended the Missouri Wood Energy Producer Tax Credit and created the Missouri International Agricultural Exchange website that would have allowed Missouri-based agriculture sellers to post their products on the website at no charge, among other provisions. Senate Bill 170, sponsored by Sen. Chappelle-Nadal, would have allowed certain government officials to cast roll call votes in a meeting if they are participating via videoconferencing. Currently, all roll call votes in public meetings held by governmental bodies can only be cast by officials who are physically present and in attendance at the meeting. The governor vetoed the bill stating officials should cast their vote in person at meetings. Legislation addressing Missouri’s unemployment benefits also received the governor’s veto in July. Senate Bill 28, sponsored by Sen. Kraus, would have defined two terms used when examining reasons to disqualify an individual for unemployment benefits: “misconduct” to knowingly disregard an employer’s interest and violate the standards the employer expects (regardless of whether or not it occurred at the workplace during work hours), and “good cause” as a compelling reason for an employee to cease working or require separation from work due to illness or disability. A measure sponsored by Sen. Sater would have established the Volunteer Health Services Act that would have allowed licensed health care professionals to provide volunteer services for a sponsoring organization. The governor vetoed Senate Bill 129, describing the legislation as “unnecessary” because Missouri already has a system in place that encourages volunteerism and protects both volunteer health professionals and the patients they treat. Senate Bill 77, sponsored by Sen. John Lamping, R-Ladue, would have allowed certain neighborhood youth development programs, such as Girls Incorporated of St. Louis (“Girls Inc.”) to be exempt from child care licensing requirements. The legislation received the governor’s veto due to child safety concerns. Another vetoed Senate bill relating to children, Senate Bill 110, would have established procedures to follow in child custody and visitation cases for military personnel. The legislation, sponsored by Sen. Brown, included a provision that would have increased the set of fingerprints a person needed to submit in order to provide emergency foster care or seek licensure as a foster parent. In the governor’s veto letter, he stated the legislation proposes a burdensome solution to a process that could be addressed in a more straightforward manner. A bill that would have prohibited roadside checkpoints based on certain types of vehicles also received the governor’s veto. Senate Bill 73, sponsored by Sen. Kurt Schaefer, R-Columbia, also contained a provision that would have permitted the use of a court-approved private probation service by a DWI court under limited circumstances. This similar provision is found in legislation already approved by the governor. Finally, the governor lent his veto pen to Senate Bill 240, sponsored by Sen. Brad Lager, R-Savannah. The bill would have expanded the period of time (from three to five years) in which a gas utility could collect an infrastructure system replacement surcharge (ISRS) and would have imposed a 30 percent increase in the maximum amount of ISRS the utility could charge consumers. The legislation would have also authorized gas utilities to track the amount of bad debt, such as uncollectible utility bills, they incur and then recover 90 percent of the difference between the actual amount of bad debt and the amount of bad debt estimated during their most recent rate case before the Public Service Commission. The governor cited the bill would have done more harm to consumers due to increased gas bills compared to the legislation’s potential benefits. Of the 82 Senate bills passed during the 2013 legislation session, the governor signed 62 (76 percent) and vetoed 19 (23 percent) of these measures. Interim Committee Work Members of the Senate Interim Committee on Medicaid Transformation and Reform, chaired by Sen. Romine, heard a presentation in early July regarding the setup of the state’s current Medicaid system. The “Medicaid 101” presentation included testimony from representatives at the departments of Social Services, Mental Health, and Health and Senior Services. Senators also received an update regarding the recommendations, both submitted and implemented, from the 2005 Medicaid Commission Report. At the interim committee’s next meeting the following day, senators began to hear public testimony regarding access to health care for Missourians. To read more about the interim committee, including its responsibilities, meeting schedule and minutes, and additional resources regarding Medicaid, visit www.senate.mo.gov/MedicaidTransformation. The Missouri Lead Industry Employment, Economic Development and Environmental Remediation Task Force also met during the month of July. The panel, created by Senate Concurrent Resolution 15, includes two appointed industry representatives, three members from the House, and three members of the Senate (Sen. Romine, chair; Sen. Doug Libla, R-Poplar Bluff; and Sen. Ryan McKenna, D-Crystal City). Members discussed a lead operation in Hercalaneum, Mo., as well as other lead mining sites found within the Show-Me State and how they relate to its economy. 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:
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