Major Legislation of 2011

Franchise Tax Phase Out

SB 19 will gradually eliminate a tax that applies to more than 3,000 businesses currently operating in Missouri. The bill implements a phase out of Missouri’s franchise tax on company assets, such as buildings and inventory. In addition, the bill caps corporate franchise tax liabilities at the amount of each corporation’s tax liability for the 2010 tax year.

The franchise tax has been in existence since 1917 and has been reduced by the legislature over the years. The bill approved by the Missouri General Assembly will further reduce the tax each year until it is phased out entirely in 2016.

Big Government Get Off My Back Act

HB 45 will modify provisions of the Big Government Get Off My Back Act, is designed to provide tax relief to small businesses in Missouri. The bill passed by the House and Senate will apply to all businesses with fewer than 50 employees. Previously, the act applied only to businesses with fewer than 25 employees. The legislation requires that any federal mandates on these businesses be approved by the General Assembly. In addition, the bill extends for an additional year a moratorium on new regulations and fees that impact small businesses.

Another provision in the bill authorizes an income tax deduction for small businesses that create new full-time jobs with annual salaries that meet the county average wage. Under the bill, a small business would be able to deduct ten thousand dollars for each full-time job created or twenty thousand dollars per new job if the employer offers health insurance for the new employees and pays at least half of the premiums for such insurance.

Voter Identification and Early Voting

The Missouri General Assembly approved both SJR 2 and SB 3 to establish photo identification requirements for voting. SJR 2 is a proposed constitutional amendment that would, upon voter approval, require anyone wishing to vote to provide valid, government-issued photo identification. SJR 2 also would establish in the constitution that advance voting is allowed in Missouri.

If SJR 2 is approved by voters, SB 3 would put into law the specific requirements for voter identification. It would require voters to provide valid, government-issued photo identification at the polls unless they sign an affidavit attesting they were not able to obtain photo identification for one of several reasons defined in the bill. The reasons include an inability to obtain photo identification because of a physical or mental disability, an inability to pay for a document necessary to obtain the required identification, a religious belief against forms of identification, or a birthday before January 1, 1941. In addition, the legislation requires the state to provide at least one form of identification required to vote at no cost to the voter. It also requires the state to provide at least one document required to obtain the required identification at no cost.

SB 3 also would implement provisions for advance voting. The bill would allow voting on two Saturdays and seven weekdays before Election Day for presidential, senatorial, and statewide elections. It also requires at least one “advance-voting center” to be established in every county. In more populous counties at least one center would be required for every 100,000 residents.

Canine Cruelty Prevention Act

SB 113 and SB 161 are two pieces of legislation already signed into law that make changes to Proposition B, which was approved by voters in 2010. The bills represent a compromise between Missouri’s agriculture groups and animal welfare organizations with the goal of improving the care of dogs without forcing licensed dog breeders out of business.

Some of the changes implemented by the legislation approved by the General Assembly include removing the limit of 50 breeding dogs per business and phasing in requirements for larger cages and increased access to the outdoors for animals. The law approved by voters required at least one yearly exam with prompt treatment for any illness or injury. The compromise bills require one yearly exam and prompt treatment of a “serious illness or injury.” The compromise also requires dogs to have continuous access to water and access to food at least twice per day. The voter-approved law required access to food only once per day.

The bills also require licensed dog breeders to pay an extra $25 fee each year to finance state efforts to crack down on unlicensed dog breeders.

Limiting Nuisance Lawsuits

SB 187 will provide additional protections to farmers and farm operations against repeated lawsuits stemming from odors and other environmental nuisances. Current law allows for numerous lawsuits to be brought against a farming operation for a nuisance that is not fixed. SB 187 designates a nuisance as permanent if multiple lawsuits are brought by the same person against a farming operation. For a permanent nuisance, damages are measured by calculating the reduction in fair market value of neighboring properties. The bill also allows an individual to recover compensatory damages for a medical condition if there is objective and documented medical evidence showing that the medical condition was caused by the nuisance.

Drug Testing for TANF Recipients

HB 73 requires the Department of Social Services to develop a program to screen each applicant for or recipient of Temporary Assistance for Needy Families (TANF) Program benefits. The bill will allow applicants and recipients to be tested if case workers with the Department of Social Services have a reasonable suspicion of drug use. The penalty for a failed drug test will be a loss of benefits for three years. However, individuals who fail a test can avoid a loss of benefits by completing a substance abuse treatment program. The bill also contains a provision to ensure that only the adult who fails the drug test will lose benefits. Children of an individual who fails a drug test will continue to receive benefits through a third party selected by the state. In addition, the bill requires all electronic benefit cards to include a photo of the recipient.

Conceal and Carry Age Requirement

HB 294 lowers the minimum age requirement to obtain a permit to carry a concealed weapon from 23 to 21. The minimum age requirement of 23 has been in place since 2003 when the legislature first enacted the concealed-carry law. By changing the requirement to 21, Missouri’s law will be similar to that of the majority of states which allow concealed gun permits.

The bill also increases the training requirements for an individual seeking a concealed gun permit. Under current law, a permit applicant must shoot a total of 50 rounds with any handgun. HB 294 requires an applicant to gain experience shooting 50 rounds each with a revolver and a semiautomatic pistol.

Other provisions of the bill make it easier for Missourians to buy firearms out of state and prohibit the sales tax on any firearms or ammunition from being levied at a higher rate than sales tax charged on sporting goods or equipment or hunting equipment.

Strengthening Human Trafficking Laws

HB 214 would strengthen the penalties for human trafficking. The measure also would create longer maximum prison terms for offenses such as trafficking for forced labor and sexual exploitation. Trafficking would carry a prison term of up to 20 years and a fine of as much as $250,000. In addition, the bill would provide additional protections for victims of trafficking and require offenders to pay restitution to their victims. The bill also would allow law enforcement officials to create new procedures to identify victims.

Ban on K2 Alternatives and Bath Salts

HB 641 would outlaw synthetic drugs that mimic the effects of cocaine and marijuana. These products have been marketed to young people as “bath salts” and incense. The “bath salts” have side effects similar to those of cocaine, which causes users to hallucinate and become violent.

Legislation passed last year by the General Assembly banned possession of one type of synthetic marijuana commonly known by the name K2. Soon after that legislation was passed, another form of synthetic marijuana known as K3 went on the market.

HB 641 would add to the list of schedule I controlled substances several forms of stimulants, including “bath salts” and hallucinogenic synthetic cannabinoids. Possession of the bath salts or more than 35 grams of the synthetic cannabinoids would be a class C felony. In addition, the bill would make it a class A felony to distribute cocaine near a park.

Religious Freedom in Public Places

HJR 2 would place on the November 2012 ballot a proposed constitutional amendment that would protect and expand the rights of Missourians to pray in public places. Specifically, it would allow people to pray in public places as long as their actions do not disturb the peace. It also would allow students to express their religious beliefs in assignments free from discrimination and would protect them from being compelled to participate in assignments that violate their beliefs. In addition, it would reaffirm the right of employees and elected officials of the State of Missouri to pray on government premises and public property.

Missouri Rx Extension

HB 412 will extend the Missouri Rx Plan, which helps approximately 226,000 low-income seniors and disabled residents afford the cost of their prescription medications. The legislation approved by the General Assembly extends the program for another three years. It was set to expire this August but now it will continue until 2014.

Limiting Late-Term Abortions

The legislature passed identical bills (HB 213 and SB 65) that will put additional restrictions in place for any woman seeking a late-term abortion. The legislation will make it illegal to abort a fetus deemed capable of living outside the womb. Specifically, it would ban abortions after 20 weeks unless two doctors verify that the fetus is a.) not viable or, b.) the abortion is necessary to preserve the life of the pregnant woman, or c.) a continuation of the pregnancy will create a serious risk of substantial and irreversible physical impairment of a major bodily function of the woman. For a fetus found to be unviable, a doctor would be required after performing the abortion to report to the state why the child was unviable. Doctors who violate the law could spend up to seven years in prison and be fined up to $50,000.

Congressional Redistricting Map Approved

HB 193 draws new boundaries for Missouri’s congressional districts. The Missouri General Assembly is required to redraw the boundaries every 10 years based on the latest census data. Although Missouri’s population grew by 7 percent from 2000 to 2010, that growth lagged behind the national average. As a result, Missouri’s number of congressional districts will drop from nine to eight. The current districts were drawn to include approximately 621,000 people each. Because of population growth and the loss of one district, the new congressional districts will have a population of approximately 748,000 people each.

The legislation was vetoed by the governor shortly after its passage. However, the Missouri General Assembly acted to override the veto.

The final map approved by the Missouri General Assembly is available at the official website of the Missouri House of Representatives at the following link.

Electronic Voter Identification

HB 217 allows an election authority to use an electronic voter identification system or an electronic signature pad to verify a voter’s address, registration status, and signature information at a polling place. Signature pads must be able to read information from a person’s driver’s license or state identification card. The system must also allow election officials to enter the information manually. A similar system is already in place in Greene County, where it has been successful in helping election officials to check voters in more quickly.

Presidential Primary and Special Elections for Statewide Officials

SB 282 will move Missouri’s presidential primary from February to March. Specifically, the 2012 primary will take place on March 6 rather than February 7. The change allows Missouri to stay in compliance with rules set by national political parties.

The bill also requires a special election to fill a vacancy in the office of lieutenant governor, attorney general, secretary of state, auditor, treasurer, or United States Senator. Current law allows the governor to appoint a replacement if any of the positions becomes vacant. Missouri law already requires special elections to fill vacancies for state legislators and members of Congress.

Missouri Linked Deposit Program

HB 109 extends a highly successful, low-interest loan program for farmers and small businesses. Under current law, the Missouri Linked Deposit Program is set to expire in December 2015. HB 109 removes that expiration date to give banks more certainty that they can continue to offer the low-interest loans. The program works by depositing money in banks so they can provide low-interest loans to farmers and qualifying businesses. Already the program has approved more than $550 million in loans and has positively impacted approximately 9,000 jobs and farmers in the past two years.

Updating Domestic Violence Laws

SB 320 updates and strengthens Missouri’s domestic violence laws for the first time in decades. Changes made by the bill are based on suggestions from a task force organized to review the state’s domestic violence laws. The legislation makes changes to the orders of protection process so that individuals seeking a protection order will not be charged filing fees for any action relating to the order. The bill also allows judges to customize protection orders based on the situation. In addition, the legislation eliminates the expiration date for the Safe at Home confidentiality program. Safe at Home protects victims of sexual assault, rape, or domestic violence by providing them with an alternative mailing address.

Health Care Transparency and Reimbursement Allowance Taxes

SB 62 promotes health care transparency to allow consumers to compare the price of health care services. The bill requires health insurance companies and providers to make information available to policyholders regarding the out-of-pocket expenses related to surgeries, tests, exams, prescriptions, and other health care procedures they require. Through an Internet site, health insurance companies will provide, upon request, an estimated cost to help consumers determine deductible, co-payment, and co-insurance amounts that would need to be paid out of pocket within a person’s health care plan. Missouri’s insured consumers will be allowed to view information regarding health care costs starting in January 2014.

SB 62 also contains a provision that extends the sunset for reimbursement allowance taxes that were set to expire this year. The taxes are paid by hospitals, pharmacies, and nursing and other care facilities and are used to draw down additional federal Medicaid dollars. Those dollars are then distributed back to the health care providers paying the tax. In total they are responsible for providing more than $3 billion in funding each year for the state budget. SB 62 continues the taxes until 2015.

Supporting Foster Care

HB 431 and HB 604 make changes to Missouri’s system of foster care to improve the support and level of care for children in the foster care system. The bills authorize the creation of a task force to study the extent to which changes in the system of recruiting, licensing, and retaining foster and adoptive parents would enhance the effectiveness of the system statewide. The task force must report its findings to the General Assembly and the governor by December. The bills also allow Missourians to donate a portion of their tax refunds to the newly created Foster Care and Adoptive Parents Recruitment and Retention Fund. The fund will be used to grant awards to licensed, community-based foster care and adoption recruitment programs. In addition, the bills authorize the creation of the Missouri State Foster Care and Adoption Board to provide consultation and assistance to the Department of Social Services.

Services for Missourians with Disabilities

HB 555 is a wide-ranging piece of legislation meant to improve the treatment and care of Missourians living with disabilities. The bill designates October of each year as “Disability History and Awareness Month” in all public schools. During that month, schools will provide instruction on the topics that expand students’ knowledge, understanding, and awareness of individuals with disabilities, the history of disability, and the disability rights movement. The bill also changes language in current state law of “mentally retarded,” “mental retardation,” or “handicapped” to “intellectually disabled” or “developmentally disabled.” In addition, the legislation adds an additional nonphysician health care professional to the MO HealthNet Oversight Committee, one member of which must be a licensed psychologist. The bill also allows the Mental Health Earnings Fund to be used to fund Mental Health First Aid USA activities.

Rights of Parents with Disabilities

HBs 431, 555, and 604 each contain a provision that protect the rights of parents living with a disability or disease. The bills specifically state that a disease or disability will not be a basis for terminating parental rights unless it poses a serious risk of harm to the child. In addition, unless it puts a child at risk, a disability or disease cannot be the basis for a determination to refuse to issue, suspend, or revoke a foster care license or to rule that an individual is unfit or not suitable to be an adoptive parent or a foster parent.

Protecting Homeowners

SB 101 is designed to protect Missourians from unscrupulous contractors who may prey on homeowners in the wake of devastating storms. The bill prohibits contractors who perform exterior repairs from offering to pay a homeowner’s insurance deductible as an incentive to encourage the homeowner to hire the contractor. The bill also prohibits contractors from negotiating on behalf of a homeowner for insurance claims.

Youth Sports-Related Concussions

HB 300 establishes the Interscholastic Youth Sports Brain Injury Prevention Act to protect youth athletes from long-term injuries. The bill requires athletics officials to work with health and school officials to develop guidelines, information, and forms to educate coaches, student athletes, and parents on the nature and risk of concussions and brain injuries. The bill also requires any player suspected of having a concussion to remain sidelined until a doctor or health care provider with special training clears the athlete to return to the field of play.

Amy Hestir Student Protection Act

SB 54 creates the Amy Hestir Student Protection Act to protect students from being sexually abused by school employees. The legislation addresses an issue in current employment law that causes school districts to hesitate to share information regarding former employees for fear of a lawsuit. The lack of information sharing has allowed some teachers with a history of sexual abuse to transfer to other schools where administrators, parents, and students may not be aware of their background.

The Amy Hestir Student Protection Act will allow school districts in Missouri to discuss information about their employees with other school districts. It also makes school districts liable for damages if they dismiss an employee or allow an employee to resign for reasons of sexual misconduct, and then fail to disclose those reasons in a reference request from another school district. The bill also prohibits a teacher from online communications with a current or former student in ways that aren’t accessible to district administrators and the parents of the student. In addition, the bill creates a task force charged with making recommendations to the governor, General Assembly, and State Board of Education on ways to reduce child sexual abuse.

College Grant Programs

HB 223 authorizes the creation of new incentive grants for excellence in math and science and for students entering nursing programs. The bill requires the Department of Higher Education to award an additional $500 to state A+ Schools or Access Missouri scholarship recipients who score well on at least two Advanced Placement Exams in mathematics or science. The bill also creates the Nursing Education Incentive Program with the goal of addressing the state’s current nursing workforce shortage. The program will provide grants of up to $150,000 to colleges and universities that provide nursing programs to allow them to expand their programs.

Funding for Organ Donation Program

HB 151 allows Missourians to contribute to the state’s organ donation program when they file their income tax returns. The bill authorizes an individual or corporation to designate at least $2 on a Missouri individual income tax return or at least $4 on a combined return of his or her tax refund amount to the Organ Donor Program Fund. Funding for the organ donation program has been provided through contributions made by Missourians when they register their motor vehicles. That funding has diminished as more and more residents register their vehicle every two years rather than annually. The creation of the tax return check-off is estimated to supplement funding for the organ donation program by more than $100,000 annually.

Protecting the Public from Dangerous Doctors

HB 265 gives the Missouri Board of Registration for the Healing Arts additional authority to discipline bad doctors and improve patient safety. Under current law, the board has the authority to suspend dangerous doctors, but the power is rarely used because of the difficulty in proving that a doctor poses a danger. HB 265 allows the board to initiate a hearing to determine if reasonable cause exists to believe that a licensee or applicant is unable to practice his or her profession. The bill streamlines the process of filing a complaint with the state administrative hearing commission.

The bill also expands the information available to the public when researching doctors. Currently, patients can find a doctor’s address, date of licensure, and details about past discipline. HB 265 requires the board to list doctors’ education and certifications, disciplinary actions in other states, and pending disciplinary cases.

Child Abuse Prevention Month

HB 749 designates April as “Child Abuse Prevention Month” to increase awareness of the issue and the prevention methods available to reduce child abuse incidents. The bill also designates the blue ribbon as the official state symbol for child abuse prevention.

Missouri School Read-In Day

HB 795 designates the second Friday of March as “Missouri School Read-In Day” to promote awareness of the importance and benefits of reading, both at school and at home.

Extension of Unemployment Benefits

HB 163 extends unemployment benefits to Missourians who have exhausted state and emergency federal assistance. The bill provides an additional 20 weeks of assistance to Missourians who have already exhausted 79 weeks of regular and emergency assistance. State officials estimate that approximately 10,000 Missourians benefited from the extended assistance and an additional 24,000 could receive extended assistance by January 2012. The bill also lowers the number of weeks for regular unemployment assistance from 26 to 20.

Sawmill Tax Relief

SB 55 seeks to help Missouri’s struggling sawmill industry by putting the tax burden for sawmills in line with other agricultural businesses. Specifically, it reclassifies sawmills at the agriculture tax rate of 12 percent. Currently, they are taxed at the business tax rate, which is 32 percent. According to statistics kept by the Missouri Department of Conservation, Missouri lost 90 sawmills between 2006 and 2009. In 2010, the state’s sawmills reported $2.2 million in sales – a 60 percent drop from 2008.

Missouri Farmland Trust Act

HB 458 establishes the Missouri Farmland Trust Act to provide young farmers with a means to acquire land through a low-cost lease and to allow land to continue to be farmed in the future. Through the act, individuals and entities can donate or convey farmland to the Department of Agriculture to preserve it as farmland and to assist beginning farmers by allowing long-term, low- and variable-cost leases on the land, making it affordable for the next generation of farmers to produce food, fiber, and fuel. The bill also changes the definition of noxious weed and expands the requirement of every landowner to control all noxious weeds growing on his or her land. In addition, the bill establishes the Private Landowner Protection Act to allow for the creation and enforcement of conservation easements designed to protect the environment or preserve certain historical or cultural aspects of real property.

Puppy Protection Trust Fund

SB 356 establishes the Puppy Protection Trust Fund to collect funds to be used by the Department of Agriculture for the administration of the Canine Cruelty Prevention Act. The bill allows individuals and corporations to donate a portion of any tax refund owed to them by the state of Missouri for the purpose of making a donation to the fund.

Farm-to-Table Advisory Board

HB 344 establishes the Farm-to-Table Advisory Board to bring produce grown in Missouri to schools and other institutions more efficiently. The advisory board will look at current obstacles and make recommendations for statute and rule changes to make it easier for schools to purchase fresh, locally grown produce. The bill will allow schools and other institutions the opportunity to provide fresh, healthier food choices that could encourage healthier eating behaviors and lifestyles.

Dress in Blue for Colon Cancer Awareness Day

HB 182 establishes the first Friday in March as “Dress in Blue for Colon Cancer Awareness Day” to encourage Missourians to wear blue and conduct activities to raise awareness about the risks of colon cancer and the importance of early detection. Colon cancer is the second most common cancer in the United States but is one of the few cancers that can be prevented with early screening.

Clean Water Fees

HB 89 reinstates fees that provide the funding necessary for the state to carry out its federally delegated duties under the Clean Water Act. Commercial developers, home builders, manufacturers, utility companies, and livestock farmers pay the fees for permission to discharge wastewater into streams and lakes. For the last budget year, the fees generated more than $4 million for clean water programs in Missouri. The fees expired in December, but HB 89 reinstates them until September 2013.

Category: Legislative Action