Capitol Briefing: Month of June 2013

Numerous Senate Bills Signed Into Law
Since Last Day of 2013 Legislative Session

Fiscal Year 2014 State Operating Budget Receives Governor’s Signature

JEFFERSON CITY – Since the final gavel fell on the 2013 regular legislative session, nearly a quarter of the Senate bills delivered to the governor have been signed into law.  The governor has until July 14 to take executive action on legislation passed by the General Assembly.  Measures that do not receive his signature automatically become law on their respective effective dates.

More than seven weeks after the General Assembly delivered to the governor the state’s spending plan for Fiscal Year 2014, which was sent to him one day ahead of the constitutional deadline, Missouri’s budget received executive approval with the governor’s signature.  The $24.8 billion budget, which takes effect July 1 and runs through June 30 of next year, will fund Missouri’s critical departments and programs.  Highlights of this year’s budget include increased funding for Missouri’s K-12 schools and the state’s public higher education institutions, as well as an annual salary boost for all state employees starting January 2014. 

However, the governor did announced withholding of funding allocated by the Legislature, resulting in flat funding for K-12 education, a reduction of state employee pay raises, and a decrease in funds for capital improvement projects.  If the General Assembly does not override the veto of House Bill 253 during its annual veto session in mid-September, then most of the withholdings would be restored.  The broad-based tax reform measure was passed by the General Assembly in early May and vetoed by the governor in early June.  To read more about the FY 2014 operating budget for the Show-Me State, click here or visit www.senate.mo.gov and click on the Missouri Senate Newsroom link.

Contributing to the New Pediatric Cancer Research Trust Fund – Signed June 28

Legislation sponsored by Sen. Wayne Wallingford, R-Cape Girardeau, creates 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,” allows 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.

Protecting First Amendment Rights of Law Enforcement Officers – Signed June 28

Legislation dealing with first responders’ political activities, as well as other provisions relating to emergency service providers in the state, also received the governor’s signature.  Senate Bill 216, sponsored by Sen. Ryan Silvey, R-Lee’s Summit, prohibits cities and towns from banning first responders from engaging in political activities while off duty and not in uniform.  These emergency providers would also be allowed to hold a public office, unless the activity or candidacy is prohibited by current state law. 

Protecting Workers Within Active Emergency Zones – Signed June 27

A measure that increases penalties for moving violations and traffic offenses occurring within an active emergency zone — an area that is visibly marked by emergency responders on or near a highway and where an active emergency or incident removal is temporarily occurring — was recently signed by the governor. Senate Bill 282, sponsored by Sen. Jay Wasson, R-Nixa, also allows state colleges and universities to establish regulations to control motor traffic on campus, addresses the removal of certain driver’s license suspension, and prohibits law enforcement agencies from establishing motorcycle-only roadside check points, among other provisions.    

Codifying Rights of Missouri Pharmacy Owners – Signed June 27

Senate Bill 126, sponsored by Sen. David Sater, R-Cassville, was coined during session by the bill’s sponsor as a “freedom of doing business bill for pharmacies.”  The legislation prohibits any licensed pharmacy in Missouri from being required to carry or maintain inventory for specific prescription or nonprescription drugs or devices.

Combating Criminal Scrap Metal Trade – Signed June 16

Also sponsored by Sen. Sater, Senate Bill 157 is designed to address copper theft in Missouri.  The bill strengthens documentation requirements for transactions where junk or scrap metal is sold or traded.  The bill also addresses transactions involving catalytic converters — devices that control emissions on vehicles.

Adoption Subsidies for Adoptive Parents – Signed June 25

Another bill passed by the General Assembly and signed by the governor toward the end of June adds adoptive parents to the list of qualified legal guardians of a child who receives subsidies.  Senate Bill 47, sponsored by Sen. John Lamping, R-Ladue, defines qualified relatives as anyone who is related to the child by blood or affinity, as well as any non-related person whose relationship with the child is similar to a family relationship.

Affordable Physical Therapy for Missourians – Signed June 25

Senate Bill 159, sponsored by Sen. Eric Schmitt, R-Glendale, prohibits 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.  In addition, his legislation requires an actuarial study of the cost impact of this new standard.  A report on the study must be submitted to the General Assembly regarding health insurance matters by Dec. 31, 2013.

Changing the Mental Health Employment Disqualification Registry – Signed June 25

Another measure signed in late June changes state law relating to the Mental Health Employment Disqualification Registry, which contains a list of individuals with charges of abuse, neglect, and/or misuse of funds who have exhausted their appeal process and are disqualified from working with consumers receiving services from the Missouri Department of Mental Health.  Before this law takes effect, employees in a mental health facility can be disqualified from holding a direct care position if they have been found guilty of or plead guilty to certain criminal offenses.  Senate Bill 229, sponsored by Sen. Dan Brown, R-Rolla, adds to this list of criminal offenses felony crimes including drug-, stealing- and alcohol-related offenses, as well as aiding the escape of a prisoner and supporting terrorism.

Foster Care Re-entry, Furthering Education Opportunities for Foster Care Children – Signed June 13 

Senate Bill 208, 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.  Her bill 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. 

Similar legislation sponsored by Sen. Sater, allows for higher education or Armed Services visits for children in foster care or in the Division of Youth Services, and raises the age limit for foster care re-entry.  Senate Bill 205 allows these young Missourians age 15 or older to visit state universities, community or technical colleges, or Armed Services recruiters before they are adopted, leave the foster care system or complete the division’s custody or training.  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 these young citizens would like to learn and experience. 

Protecting Citizens from Contagious Diseases – Signed June 12

Senate Bill 197, also sponsored by Sen. Sater, changes 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 must implement a targeted testing program on their campuses for all on-campus students and faculty upon enrollment.  Missouri’s colleges and universities 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.

Juvenile Offenders in Judiciary System – Signed June 12

Legislation that changes certain provisions in state law relating to juvenile offenders who have been certified as adults and found guilty in court of general jurisdiction also received the governor’s signature this month.  Currently, juvenile offenders under the age of 17 who have been certified as adults are allowed to stay in the custody of the Division of Youth Services, instead of placing these youth in the adult prison population.  Senate Bill 36, sponsored by Sen. Wayne Wallingford, R-Cape Girardeau, extends this timeframe to 17 and a half and requests judges to consider dual jurisdiction sentences for certified youth.

Bringing Awareness to Public Safety and Support – Signed June 12

With thousands of motorcyclists living in and driving through the state of Missouri, Sen. Kurt Schaefer, R-Columbia, filed and the governor signed Senate Bill 72, which designates the month of May as “Motorcycle Awareness Month.”  The month-long event encourages Missourians to better observe motorcyclists on the state’s roads and learn more about motorcycle safety.  The measure also designates Dec. 4 as “PKS Day,” a day that brings attention to the impact of Pallister-Killian Syndrome and urges Missourians to support programs that research and educate citizens about this extremely rare genetic disorder which includes a multitude of developmental disabilities. 

Another “PKS Day” designation provision is found in Senate Bill 33, sponsored by Sen. Lamping.  In addition, the bill gives individuals with mental disabilities the right to be accompanied by a guide, hearing or service dog without paying an extra charge to access certain areas, provided this individual is liable for any damages done to the premises of facilities by the service dog.  Senate Bill 33 also adds individuals with mental disabilities to the list of people who must be afforded the same rights as those without disabilities to use streets, highways, sidewalks, and public buildings, facilities and other places.  Those with mental disabilities under this legislation are also entitled to equal accommodation on airlines, trains, buses, taxes and other public modes of transportation, as well as hotels, resorts and other public accommodations. 

Updating Certain Liquor Control Laws – Signed June 12

Senate Bill 121, sponsored by Sen. Schaefer, allows home-brewed beer at certain events, such as fairs and tasting competitions.  The legislation also creates temporary liquor permits for festivals; repeals the prohibition of selling liquor on a train while it is stopped; and adds bowling alleys to the list of businesses licensed to sell alcohol that are allowed to stay open, but are prohibited from selling liquor between the hours of 1:30 a.m. to 6:00 a.m., among other provisions.

Each Senate bill noted in this legislative column for the month of June will take effect Aug. 28, 2013.

Vetoed Senate Bills

The governor also lent his veto pen to various Senate bills this month, including:

  • Senate Bill 267, sponsored by Sen. Brian Nieves, R-Washington, which would have specified how courts could rule in contractual disputes involving the law of other countries and jurisdictional issues involving other countries.
  • Senate Bill 29, sponsored by Sen. Brown, which would have allowed public employee labor unions to withhold fees from public employee paychecks only upon the annual written consent of the employee.  In addition, the act would have required the employee’s annual consent for public employee labor unions to use fees and dues for political purposes.
  • Senate Bill 51, sponsored by Sen. Brian Munzlinger, R-Williamstown, which would have increased the registration fee charged for issuing driver’s licenses, registering motor vehicles, and other motor vehicle-related services.  The bill would have also changed the way Missourians obtain a free license plate tab in order to replace a stolen tab, brought Missouri into compliance with federal motor carrier safety regulations, and allowed any out-of state college that had its application for a specialty license plate approved before a previous date to continue to use its official emblem on Missouri license plates, among other provisions.

Senate Interim Committees

Meanwhile, senators prepare for their work for upcoming legislative committee hearings.  Since the conclusion of the 2013 legislative session, the Senate’s President Pro Tem has named several members to various interim committees.

The Senate Interim Committee on Capital Improvement Assessment and Planning, which is responsible for studying the needs of state parks, mental health facilities, higher education facilities, and other state buildings, is made up of seven members of the upper chamber.  Sen. David Pearce, R-Warrensburg (chair); Senate Leader Tom Dempsey, R-St. Charles; Sen. Bob Dixon, R-Springfield; Sen. Mike Parson, R-Bolivar; Sen. Wallingford; Sen. Shalonn “Kiki” Curls, D-Kansas City; and Sen. Joseph Keaveny, D-St. Louis, all serve on this panel. 

The panel is also responsible for reviewing previously filed legislation regarding state-operated parks, buildings and facilities, and preparing a cost-benefit analysis of proposed projects and studying various funding mechanisms for these projects.  The committee’s report is due to the Legislature no later than Dec. 1, 2013. 

Another panel was created during the 2013 legislation session to discuss the issue of Medicaid expansion and reform in the Show-Me State.  The 10-member Senate Interim Committee on Medicaid Transformation and Reform will meet to:

  • Develop ways to prevent fraud and abuse in the MO HealthNet system;
  • Give advice on more efficient and cost-effective ways to promote coverage for MO HealthNet participants;
  • Evaluate how coverage for MO HealthNet participants can resemble commercially available health plans while complying with federal Medicaid requirements;
  • List possibilities for promoting healthy behavior by encouraging patients to take ownership of their health care and seek early preventive care;
  • Share ways in which to provide incentives, including a shared risk and savings to health plans and providers to encourage cost-effective delivery of care; and
  • Examine how individuals can transition current medical care coverage through MO HealthNet in order to obtain their health coverage through the private sector.

Membership on this interim committee includes Sen. Gary Romine, R-Farmington (chair); Sen. Sater (vice chair); Sen. Brown; Sen. Doug Libla, R-Poplar Bluff; Sen. Rob Schaaf, R-St. Joseph; Sen. Wallingford; Sen. Wasson; Sen. Keaveny; Sen. Paul LeVota, D-Independence; and Sen. Jamilah Nasheed, D-St. Louis.  The committee is required to share its findings and give its recommendations to the Missouri General Assembly by Dec. 15, 2013.

A measure passed in 2012, House Concurrent Resolution 33, called for the creation of the Joint Interim Committee on State Employee Wages to study and develop strategies for increasing the wages of Missouri’s state employees so the Show-Me State could be competitive with its peer states in regards to state employee wages.  The panel includes three members of the House of Representatives and three members of the Senate: Sen. Mike Kehoe, R-Jefferson City; Sen. Wasson; and Sen. Keaveny.

The Missouri Lead Industry Employment, Economic Development and Environmental Remediation Task Force is the result of Senate Concurrent Resolution 15.  The task force, which includes two appointed industry representatives, three members from the House, and three members of the Senate (Sen. Romine, Sen. Libla, and Sen. Ryan McKenna, D-Crystal City), is responsible for making recommendations on prompt environmental settlements, creating ways to promote and develop a clean lead industry, developing clean lead industry legislative proposals, and noting the economic potential of implementing clean lead industry policies.  The panel must submit its report to the General Assembly and is set to expire Feb. 1, 2014. 

Another panel, the Joint Interim Committee on St. Louis Metropolitan Statistical Area Governance and Taxation, has yet to be assigned Senate committee members. 

The Legislature adjourned sine die, “without delay,” on May 30.  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.