Capitol Briefing for the Week of Jan. 26, 2015
Senate Approves First Measures of the 2015 Session

The Missouri Senate approved the first measures of the First Regular Session of the 98th General Assembly this week, sending one bill to the House for consideration, and approving three concurrent resolutions. Committees also continued to meet to take public testimony on proposed legislation for the 2015 session. Additionally, bills are beginning to move onto the Senate’s formal calendar for possible debate.

Senate Approves First Measures of Session

On Monday night, Jan. 26, the Missouri Senate debated its first bill of the First Regular Session of the 98th General Assembly. The legislation, which is aimed at bolstering Missouri’s agricultural industry, was pegged by Senate President Pro Tem Tom Dempsey, R-St. Charles, as one of the upper chamber's main priorities for 2015. The measure, Senate Bill 12, quickly moved through committee last week before hitting the floor Monday night.

As noted by the sponsor, Sen. Brian Munzlinger, R-Williamstown, the legislation is nearly identical to an agricultural omnibus bill he carried last year. However, this year’s version does not include the provision on captive cervids, which the governor specifically highlighted in his veto letter as the primary reason for not signing the legislation in 2014.

Senate Bill 12 contains a number of proposals to support Missouri’s No. 1 industry. Key among the provisions is the Dairy Revitalization Act, which would:

  • Require the University of Missouri to conduct research annually on the estimated state sales tax revenue generated from dairy products. Such estimated sales tax revenue shall be provided to the Department of Agriculture. Further, the act creates the Missouri Dairy Industry Revitalization Fund. General revenue appropriated to the fund shall be expended as set forth in this act;
  • Require the Department of Agriculture to establish a dairy producer insurance premium assistance program for producers who participate in the federal margin protection program for dairy producers. Participating producers shall be reimbursed for 70 percent of their federal premium payment.
  • Establish the Missouri Dairy Scholars Program, which shall make available 80 scholarships at $5,000 each toward tuition at any college or university in Missouri for students in agriculture-related degree programs who make a commitment to work in the agriculture industry; and
  • Require the University of Missouri's commercial agriculture program to conduct an annual study of the dairy industry and develop a plan for increasing dairy industries in Missouri. The plan shall be delivered to certain members of the General Assembly as set forth in this act.

The legislation also modifies urban agricultural zones, which were established through the passage of a measure last year; requires that license fees collected by the Missouri Department of Agriculture under the Missouri Livestock Marketing Law not yield revenue greater than the costs of administering the law; strengthens the licensing process for certified commercial pesticide applicators; requires the Department of Agriculture to promulgate rules regarding the labeling of fuel pumps that dispense motor fuel containing more than 10 percent ethanol; and extends the waiver of liability for equine activities to cover livestock activities, including posting a warning sign where the activities take place.

Senate Bill 12 was perfected on Monday night, but required a final vote before moving onto the House for possible approval. On Thursday, the legislation was third-read and finally approved. With a vote of 32-2, the legislation now moves to the House for possible consideration.

The upper chamber also debated two other measures this week. On Wednesday and Thursday, senators took up House Concurrent Resolution 4, which disapproves the salary recommendations of the Missouri Citizens’ Commission on Compensation for Elected Officials. 

Under Missouri law, the commission, made up of 21 appointed citizens, convenes every two years to make recommendations on elected officials’ salaries and reimbursement rates. The groups’ recommendations go into effect unless blocked by a two-thirds majority of votes in both chambers of the General Assembly.

This year, the commission recommended a $2,000 raise for state representatives and senators, a $26 per diem increase to cover food and lodging, and a $0.19 per mile reimbursement increase. House Concurrent Resolution 4 would block those salary and rate increases from automatically taking effect.

The Senate approved HCR 4 with a vote of 31-3, preventing the automatic pay raises and reimbursement rate increases from going into effect.

The Senate also spent Thursday morning approving two measures related to a $600 million bonding plan previously approved by the 2014 General Assembly. Senate Concurrent Resolution 8 and Senate Concurrent Resolution 9 would identify much-needed renovation and construction projects for numerous state parks and historic sites, state buildings and the State Capitol, and places of higher education.

The list of projects include electrical, plumbing and fire safety improvements; roof, window, foundation, flooring and ceiling repairs; restroom renovations; and the replacement of mechanical equipment, among other projects. The legislation also includes $40 million for much-needed repairs and new safety measures for the State Capitol, as well as $35 million for the State Capitol Annex.

Senate Committees Continue Meeting

The Senate Financial and Governmental Organizations and Elections Committee, chaired by Sen. Jay Wasson, R-Nixa, met on Monday, Jan. 26 in the Senate Lounge. The panel heard two measures related to strengthening voting rights for military and overseas voters. Senate Bill 105, sponsored by Sen. Will Kraus, R-Lee’s Summit, would allow military and overseas voters to vote in all elections involving federal office, statewide office, statewide legislative office or statewide initiatives.

In 2013, Sen. Kraus carried legislation requiring the Secretary of State to establish procedures for absent uniformed service members and overseas voters to request, receive and send voter registration applications and request and receive absentee ballots electronically. Under that law, though, military and overseas voters were only given ballots for federal races. This year’s Senate Bill 105 fixes statutory language so the 2013 legislation fulfills its original intent—making it easier for service members stationed out of the country to cast their vote.

In keeping with that goal, Sen. Wayne Wallingford, R-Cape Girardeau, is sponsoring Senate Bill 34 this session, which was also heard by the committee on Tuesday. The legislation would allow military and overseas voters who have been discharged from military services, have returned from military deployment or activation, or have separated from employment outside of the United State after the voter registration deadline to register to vote in person until 5 p.m. on the Friday before an election. Election authorities could also accept an application for a military-overseas ballot if it’s received no later than 5 p.m. on the Friday before an election, if the authority feels the circumstances warrant an exception.

The committee also took public testimony on two other measures. Senate Bill 104, sponsored by Sen. Kraus, would require actions challenging initiatives and referendums to be full adjudicated, or decided upon in legal court, 56 days prior to the election in which the measure will appear on the ballot.

Senate Bill 107, sponsored by Sen. David Sater, R-Cassville, provides that boards and commissions under the Division of Professional Registration may issue certain opinions for educational purposes. These opinions are meant to educate the public on topics relating to the qualifications, functions or duties of any profession licensed by a board or commission within the division, and are not binding and cannot be used as the basis for discipline against a licensee.

Multiple committees met on Tuesday, Jan. 27, to consider legislation filed for the 2015 session. The Seniors, Families and Children Committee, chaired by Sen. Sater, held a public hearing on Senate Bill 82, sponsored by Sen. Maria Chappelle-Nadal, D-University City. The legislation would require long-term care facilities to be encouraged to institute policies facilitating familial involvement in the well-being and support of its residents.

The Rules, Joint Rules, Resolutions and Ethics Committee, chaired by Majority Floor Leader Ron Richard, R-Joplin, met Tuesday morning in the Senate Lounge to consider a number of resolutions, including House Concurrent Resolutions 4, which disapproves the salary recommendations of the Missouri Citizens’ Commission on Compensation for Elected Officials. The resolution was approved by the full Senate on Thursday.

The Rules Committee also considered Senate Concurrent Resolution 1, sponsored by Sen. Jamilah Nasheed, D-St. Louis, which would designate January in Missouri as Sex Trafficking Awareness Month, and Senate Concurrent Resolution 4, which would designate every Sept. 26 as Mesothelioma Awareness Day.

Additionally, the panel took testimony on:

  • Senate Concurrent Resolution 3, sponsored by Sen. Wallingford, which would establish the Joint Committee on Solid Waste Management District Operations;
  • Senate Concurrent Resolution 5, sponsored by Sen. Gary Romine, R-Farmington, which would extend the dissolution date of the Missouri Lead Industry Employment, Economic Development and Environmental Remediation Task Force; and
  • Senate Concurrent Resolution 7, sponsored by Sen. Dan Brown, R-Rolla, which would urge the Department of Defense and the Congressional Delegation to protect, preserve and promote state military bases and agencies.

On Tuesday afternoon, the Judiciary and Civil and Criminal Jurisprudence Committee, chaired by Sen. Bob Dixon, R-Springfield, met in the Senate Lounge. The panel took testimony on a handful of 2015 measures relating to Missouri’s judicial and criminal justice system, including Senate Bill 112, which modifies provisions dealing with criminal offenses to align with the changes made by the 2014 criminal code revision. Senator Dixon, who is sponsoring Senate Bill 112, was instrumental in the passage of last year’s criminal code overhaul.

The committee also considered Senate Bill 67, sponsored by Sen. Mike Cunningham, R-Rogersville, which would allow Howell County to collect a $10 surcharge for criminal cases filed in the county to be used for the land assemblage and purchase, construction, maintenance and upkeep of a county justice center; Senate Bill 17, sponsored by Sen. Dixon, which would change intersectional references relating to court costs; Senate Bill 80, also sponsored by Sen. Dixon, which would allow two or more contiguous counties in a judicial circuit to cooperatively employ and share a prosecuting attorney, among other provisions; and Senate Bill 79, sponsored by Sen. Dixon, which would allow counties to join a state’s attorney system.

The General Laws and Pensions Committee also met on Tuesday afternoon. The panel, chaired by Sen. Rob Schaaf, R-St. Joseph, considered two measures. Senate Bill 38, sponsored by Sen. Romine, which would modify provisions relating to the Joint Committee on MO HealthNet, which was created in 2014 to study Missouri’s Medicaid program and make recommendations to the General Assembly on the systems anticipated growth, needed improvements, future appropriations and suggestions on ways to structure the budget to keep the program solvent.

Senate Bill 94, sponsored by Sen. Ed Emery, R-Lamar, modifies retirement benefits for newly elected members of the General Assembly and statewide elected officials. Under the legislation, statewide elected officials and members of the General Assembly serving for the first time on or after Jan. 1, 2016, shall not be eligible to participate in the Year 2000 Retirement Plan, and will instead participate in a defined contribution plan established by the act, among other provisions.

The Jobs, Economic Development and Local Government Committee, chaired by Sen. Eric Schmitt, R-Glendale, met on Wednesday afternoon in the Senate Lounge to consider three measures. Senate Bill 68, sponsored by Sen. Romine, provides that directors of industrial development corporations in St. Francois County may be taxpayers and registered voters in the county. Senate Bill 87, sponsored by Sen. Emery, would require those who submit petitions for political subdivisions to reside or own property in the subdivision. The legislation also allows for signatures to be rescinded. Also sponsored by Sen. Emery, Senate Bill 92 would modify bond requirements for certain county offices.

The Education Committee, chaired by Sen. David Pearce, R-Warrensburg, also met on Wednesday to consider legislation related to two of the more prominent topics of the 2015 session:  unaccredited school districts and the state’s school transfer law.

Last year, one of the most debated measures in the Legislature was Senate Bill 493, which sought to address the student transfer issue and school accreditation. Those efforts were spurred by the Normandy school district in St. Louis becoming unaccredited in 2013. Under current law, students in an unaccredited district may transfer to an adjoining accredited district, with the former district being responsible for paying tuition and transportation costs. This resulted in hundreds of students leaving the Normandy district, putting pressure on receiving schools.

Senate Bill 493 addressed the problem through a number of provisions. The bill was the result of a bipartisan agreement, and was approved by members of both parties. However, that bill was ultimately vetoed by the governor.

Legislators have vowed to once again take up this issue in 2015. The Education Committee spent Wednesday afternoon considering four measures that seek to solve the ongoing transfer issue:

On Thursday, Jan. 29, the Veterans’ Affairs and Health Committee, chaired by Sen. Brown, met in the Senate Lounge to consider three proposals. Senate Bill 46, sponsored by Sen. Jason Holsman, D-Kansas City, would require hospitals and ambulatory surgical centers to report prices for the most common procedures.

Senate Bill 119, sponsored by Sen. Brown, which would modify the criteria for accepting donated drugs for use in the Prescription Drug Repository Program. The program was established to provide access to unused prescription drugs for individuals in economic need.

Under the current criteria, prescription drugs packaged in single-unit doses are only accepted if the inside packaging is left undisturbed and no pills have been used. Senate Bill 119 would allow the program to accept single-unit doses even if one or more of the drugs have been dispensed so long as the remaining drugs are kept sealed in the single-dose packaging and have not been disturbed or tampered with.

The committee also took testimony on legislation filed by Sen. Gina Walsh, D-Bellefontaine Neighbors. Senate Bill 122 would establish a Health Care Directives Registry in Missouri. The registry would securely store patients’ advance healthcare directives online, allowing authorized healthcare providers immediate access to the information.

The Senate Ways and Means Committee, chaired by Sen. Kraus, also met on Thursday morning. Members of the committee took public testimony on two measures: Senate Bill 57, sponsored by Sen. Dixon, which would create a sales and use tax exemption for fitness facilities and data storage centers, and Senate Bill 115, sponsored by Sen. Kraus, which would allow taxpayers to seek a refund after the statute of limitations has passed if their return is reexamined by the Missouri Department of Revenue.

The Senate Appropriations Committee, chaired by Sen. Kurt Schaefer, R-Columbia, also met throughout the week to continue taking testimony from state agencies and departments on their financial needs for the Fiscal Year 2016 budget.

To view upcoming committee hearings, click here or visit www.senate.mo.gov and click on the “Senate” link under the Hearings tab on the right side of the page.

The 2015 legislative session runs until May 15. 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 2015 session, learn more about their legislative district and listen to streaming audio of legislative debate as it happens on the Senate floor.

The Missouri Senate’s Capitol Briefing will be distributed and posted weekly throughout session. 

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 and stories on issues concerning Missourians.
  • This Week in the Missouri Senate – A weekly, audio program that wraps up the week’s news in the Missouri Senate.  Programs are posted online every Friday in .mp3 format.
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