Governor Calls for Extraordinary Session
As lawmakers prepared to return to Jefferson City for the annual Veto Session, we received news that we will have additional work beyond the annual session. Governor Mike Parson recently announced that he is calling the legislature in for an extraordinary session that is set to begin Monday, Sept. 10. The legislature’s annual Veto Session is scheduled for Wednesday, Sept. 12, which means the two sessions will run concurrently.
The governor called the extraordinary session to address two issues that were previously approved by the General Assembly during the regular session, but vetoed because of issues the governor had with language in each bill. Legislators will return to craft new bills dealing with STEM (Science, Technology, Engineering, and Mathematics) education and the expansion of drug treatment courts.
As currently written, the STEM education will require the Department of Elementary and Secondary Education (DESE) to establish an online program to educate students about STEM careers, and allow for multiple companies to bid to provide the program. Passing the bill during an extraordinary session is necessary to allow DESE to start the process of implementing it for the 2019-2020 school year. The language was originally contained in SBs 894 & 921, which the governor vetoed because the criteria for bidders for the program were too narrowly tailored.
The other bill to be considered focuses on reforms to treatment courts throughout the state. The bill is meant to improve the quality and consistency of treatment courts throughout Missouri by establishing treatment court divisions and giving local courts the authority and flexibility to set their own policies for treatment courts. The expansion of treatment courts in Missouri will allow for more individuals to get treatment rather than be incarcerated in an already overcrowded prison system. The treatment court language was originally passed by the legislature in HB 2562. The governor vetoed the bill because of some other language it contained.
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You may read in more detail about what is happening at your State Capitol below.
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2018 Truly Agreed to and Finally Passed Bills
This week, I will complete the summaries of the Truly Agreed to and Finally Passed (TAFP) bills from this past legislative session.
SB 802 (Signed by Governor: 6/1/18) – Modifies provisions relating to women’s and minority business enterprises
This act permits the Commissioner of Administration to designate a non-profit organization as a minority business enterprise or a women’s business enterprise for the exclusive purpose of competing in other states.
SB 806 (Signed by Governor: 6/1/18) – Modifies provisions regarding when a deceased person owes money to the state and guardianship and conservatorship proceedings
The act specifies that debt owed to the state for medical assistance shall be sixth in the list of priority of claims paid from the estate of the deceased.
SB 807 (Signed by Governor: 7/9/18) – Modifies provisions relating to higher education
The act states that the application of the laws pertaining to state purchases do not apply to public institutions of higher education. Also, this act includes my language requiring any student attending a public institution of higher education in the state to score at least 70% on the Missouri Higher Education Civics Achievement Examination as a condition of graduation. The exam shall consist of 50 to 100 questions similar to the questions in the United States citizenship exam.
SB 814 (Signed by Governor: 6/1/18) – Modifies provisions relating to driver’s licenses for persons who are deaf or hard of hearing
This act requires the Missouri Commission for the Deaf and Hard of Hearing to make an informational video in American Sign Language explaining deaf or hard of hearing license notations. A QR code linking to the video shall be posted conspicuously in every license office in the state.
SB 819 (Signed by Governor: 6/1/18) – Modifies provisions of law relating to the protection of children
This act modifies provisions relating to the protection of children, including: (1) the Social Innovation Grant Program; (2) physician referrals of children exposed to drugs or alcohol; (3) vital records; (4) immunizations; (5) the Missouri Children’s Service Commission; (5) assessment and treatment services and case management; (6) the “Supporting and Strengthening Families Act”; (7) records of child abuse and neglect investigations; (8) foster care background checks; among others.
SB 826 (Signed by Governor: 7/9/18) – Modifies provisions relating to health care
Currently, patients may request copies of health history or treatment records from providers. This act specifies that a response to such request may include a statement or record that no such health history or treatment record responsive to the request exists.
SB 840 (Signed by Governor: 6/1/18) – Modifies provisions relating to professional registration
This act requires certain oversight bodies, as defined in the act, that issue professional licenses to grant a Missouri license to an applicant that holds a current, valid license issued by another state and waive any examination, educational, or experience requirements for licensure, if that state’s licensure requirements are substantially similar to those of Missouri.
SB 843 (Signed by Governor: 6/1/18) – Modifies the composition, duties or repeals outright certain administrative boards, commissions, and councils
This act decreases the membership on the Missouri State Capitol Commission from eleven to nine members, by requiring the Governor to appoint two, rather than four, members of the general public. The membership of the Commission is also modified so that the minority leaders of the House and Senate will appoint the minority party members of the Commission
SB 862 (Signed by Governor: 6/1/18) – Modifies provisions relating to electrical contractors
Electrical contractors who have an occupational or business license for work as an electrical contractor or master electrician issued by any political subdivision in this state shall be eligible for a statewide license if the applicant meets certain requirements as set forth in the act.
SB 870 (Signed by Governor: 7/9/18) – Modifies provisions of law relating to emergency medical services
This act provides that when a law enforcement agency requests assistance from another law enforcement agency under a mutual aid agreement, any law enforcement officer assisting the requesting agency is afforded the same powers of arrest they would have in their own jurisdiction and the same powers of arrest as officers of the requesting entity.
SB 871 (Signed by Governor: 6/29/18) – Modifies provisions relating to orders of protection for a child, circuit clerks being named a party in expungement proceedings, court reporter fees, service of process after the expiration of the statute of limitations, and judicial positions
Under current law the court may immediately issue an ex parte order of protection for a child upon a finding that no prior order regarding custody is pending. This act adds that the prior order regarding custody that is pending must involve the respondent and the child.
SB 881 (Signed by Governor: 6/01/18) – Modifies provisions of law relating to transportation
The act specifies that the term “contiguous and compact” as used in local government annexation laws includes situations whereby the unincorporated area proposed to be annexed would be contiguous and compact with existing city, town, or village limits if not for an intervening highway or railroad right-of-way. If an objection is made, land to be annexed under this definition must share a border with the city, town, or village which is at least 15% of the total perimeter of the land to be annexed.
SB 882 (Signed by Governor: 6/01/18) – Modifies provisions of the Missouri Higher Education Savings Program
This act modifies the Missouri Higher Education Savings Program to allow 529 MOST account holders to transfer money from such account to a Missouri ABLE account while retaining tax exempt status on any money transferred.
SB 884 (Signed by Governor: 6/01/18) – Modifies provisions relating to taxation
This act provides that when an income bracket is eliminated from the tax table, the top remaining tax rate shall apply to all income in excess of the second highest remaining income bracket. Also, this act creates a definition for “net general revenue collected”, which includes all revenue deposited into the general revenue fund, less refunds and revenues originally deposited into the general revenue fund but designated by law for a specific distribution or transfer to another state fund.
SB 891 (Signed by Governor: 6/01/18) – Designates the week beginning the second Saturday in October as “Buy Missouri Week”
This act designates the week beginning the second Saturday in October of every year as “Buy Missouri Week.” Citizens of the state are encouraged to observe the week with appropriate activities to support the men and women who create, produce, grow, manufacture, distribute, promote, and sell goods made in Missouri
SB 892 (Signed by Governor: 7/05/18) – Modifies provisions relating to various retirement plans for public employees
This act allows any teacher retired from the Public School Employee Retirement System of Missouri (PSRS) to be employed in a position covered under the Public Education Employee Retirement System (PEERS) without stopping their retirement benefit. Such retired teacher may earn up to 60% of the minimum teacher’s salary as set forth in Missouri statute and shall not contribute to PEERS or earn creditable service.
SB 894 (Vetoed by Governor: 7/13/18) – Modifies provisions relating to education curriculum involving science and technology
Subject to appropriation, the Department of Elementary and Secondary Education (DESE) shall create the “STEM Career Awareness Program” to increase STEM career awareness among students in grades six through eight. The statewide program shall introduce students to a wide variety of STEM careers and technology through an online-based STEM curriculum. Before January 1, 2019, DESE shall solicit proposals and select a provider for the online program using specified criteria or choose a third-party nonprofit entity to implement the program, solicit proposals, and select a provider.
SB 907 (Signed by Governor: 6/01/18) – Authorizes the conveyance of a certain state propertie
This act authorizes the conveyance of certain state properties located in Jefferson City, Independence, St. Louis, Mack’s Creek, Butler County, Ste. Genevieve County, and Cole County.
SB 917 (Signed by Governor: 6/01/18) – Modifies provisions relating to coal ash
Currently, all fly ash produced by coal combustion generating facilities located in Kansas City is exempt from all solid waste permitting requirements. This act repeals this exemption. This act gives the Department of Natural Resources the authority to promulgate rules for the management, closure, and post-closure of coal combustion residual (CCR) units. Under this act, “CCR unit” means a surface impoundment, utility waste landfill, or a CCR landfill.
SB 951 (Signed by Governor: 7/09/18) – Modifies provisions relating to health care
This act modifies provisions relating to health care, including: (1) Diabetes Awareness Month; (2) Show-Me Freedom from Opioid Addiction Decade; (3) health care records; (4) telehealth; (5) disposal of unused controlled substances; (6) hospital regulations; (7) long-term care certificates of need; (8) Department of Mental Health contracts; (9) newborn eye drops; (10) assistant physicians; (11) collaborative practice and supervisory agreements; (12) psychologists; (13) patient satisfaction scores; (14) health insurance coverage; among others.
SB 954 (Signed by Governor: 6/29/18) – Allows individuals found guilty of certain offenses of unlawful use of a weapon to expunge such record
This act allows individuals found guilty of the offense of unlawful use of a weapon by the carrying of a concealed weapon prior to January 1, 2017, to apply for an order to expunge records relating to such offense.
SB 981 (Signed by Governor: 6/01/18) – Modifies provisions relating to methods of self-insurance for workers’ compensation
Under current law, the Division of Workers’ Compensation is required to develop a notice relating to workers’ compensation laws that employers are required to post on their premises. This act provides that such notice must be posted on the website of the Department of Labor and Industrial Relations.
SB 982 (Signed by Governor: 6/01/18) – Enacts provisions relating to insurance
This act provides that when a health benefit plan does not provide for payment to out-of-network providers for all or most services that are covered if provided in-network, including HMO plans and exclusive provider organization (EPO) plans, payment for all services shall be made directly to the health care providers when the health carrier has authorized for such services to be received from an out-of-network provider.
SB 990 (Signed by Governor: 6/01/18) – Modifies provisions relating to the attachment of school districts to community college districts
Under current law, in order for a school district to become attached to a community college district, a petition must be submitted to the school board of the school district signed either by voters of the district equal in number to ten percent of those voting in the last school election at which school board members were elected or by a majority of the voters of the district, at which point an election must be called. This act provides that a community college district may, by a majority vote of its board of trustees, propose a plan to the voters of the school district to attach the school district to the community college district, levy a tax rate equal to the rate applicable to the community college district at the time of the vote of the board of trustees, and call an election upon the question of such plan.
SB 999 (Signed by Governor: 6/01/18) – Designates certain memorial infrastructure
This act designates the portion of Interstate 70 from Rangeline Street continuing west to Business Loop 70 in Boone County the “Highway Patrol Sgt. Benjamin Booth Memorial Highway”. Additionally, this act designates the portion of Interstate 70 from the eastern edge of the intersection of U.S. Highway 63 and Interstate 70 continuing west to Rangeline Street in Boone County the “Sheriff Roger I. Wilson Memorial Highway”.
SB 1007 (Signed by Governor: 6/01/18) – Modifies the merit system
Under current law, with the exception of attorneys, all offices, positions, and employees within numerous state departments and agencies are subject to the SPL. This act modifies that so that the SPL only applies to employees in eleemosynary or penal institutions and employees in agencies that are required to maintain merit standards by federal law or regulations for grant-in-aid programs.
SCR 36 (Signed by Governor: 7/09/18) – Designates the month of August as Shingles Awareness and Prevention Month
This concurrent resolution designates every August as Shingles Awareness and Prevention Month.
SCR 40 (Truly Agreed To and Finally Passed: 5/17/18) –Applies to Congress for the calling of an Article V convention of states to propose an amendment to the United States Constitution regarding term limits for members of Congress
This concurrent resolution applies to the United States Congress, under the provisions of Article V of the United States Constitution, for the calling of a convention of the states for the limited purpose of proposing an amendment to the U.S. Constitution regarding term limits for members of Congress.
SCR 49 (Signed by Governor: 5/24/18) – Moves referendum election date for SS#2/SB 19
Through the referendum process, a petition has been approved that has ordered an election on the enactment of Senate Substitute #2 for Senate Bill 19, to be held on November 6, 2018. Pursuant to Article III, Section 52(b) of the Missouri Constitution, this resolution moves the date of the election to August 7, 2018.
SCR 50 (Vetoed by Governor: 7/13/18) – Requests the U.S. Congress to replace the statue of Thomas Hart Benton in the Statuary Hall of the U.S. Capitol with a statue of Harry S Truman
This concurrent resolution requests approval from the Joint Committee on the Library of Congress to replace the statue of Thomas Hart Benton with a statue of Harry S Truman in the Statuary Hall of the United States Capitol.
SRB 975 (Signed by Governor: 6/01/18) – Repeals expired, ineffective, and obsolete statutory provisions
This act repeals specified expired, ineffective and obsolete statutory provisions, including obsolete references to the Department of Natural Resources based on departmental reorganization, and more.
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