April 10, 2009

The Senate adjourned at 3:00am Wednesday in an effort to pass the economic development bill HB 191.

Senator Lager is among the group of 7 Senators that are holding the Governor and House leaderships “jobs” legislation.

Lager has introduced a substitute bill that addresses virtually all the state tax credit programs placing caps on tax credits and sunsets for the programs.

This is counterproductive in the current economic times. However Senators Lager, Crowell and others are adamant to curtail the tax credits and tax exclusions.

On another front, the House has introduced HB 15 for use of some federal stimulus funds to shore up this year’s budget and HB 16 utilizing a portion of the federal funds for 2010.

The House version of HB 16 is not yet available.

However, rumors abound on this “skeleton” appropriations bill and how it will be filled in by the Budget Chair Icet.

Speculation is that current programs would be funded; a capitol improvements initiative may be started, a reserve fund will be established and MOHELA projects for universities will be completed with federal funding. There is also discussion of a separate special session to deal with the stimulus funding.

News this week includes:

HJR 23
The Senate Ways and Means Committee were scheduled to hear the TABOR like HJR 23.

However, Representative Icet the sponsor and Senate Ways and Means Chair Vogel had a difference of opinion and the hearing was canceled. This is great news.

After a visit with Senator Vogel he commented that the legislation may not receive another opportunity for a hearing. Excellent!

House Judiciary
The House Judiciary heard the perennial helmet legislation.

SB 202- Sponsor: Schaffer (Helmet Law)
Modifies the law regarding the operation of a motorcycle, namely the assignment of fault for the operator's normal operation of such vehicle and the ability to forego wearing headgear while operating it.

• This bill has a Sunset to expire in 2014
• Tennessee and Nebraska are the only two bordering states that do not have a Helmet Law
• Proponents
• Steve Carroll- Freedom of Road Riders
• Proposes doing a study when the law expires to see if there has been an increase in injuries and fatalities
• Numerous Freedom of Road Riders
• Opponents
• Dale Findley-Missouri Safety Council
• The number of injuries and fatalities will increase dramatically
• It will not generate enough money through tourism to cover the costs of the increase in injuries
• MODOT, Division of Safety
• Maureen Cunningham-Brain Injury Institute
• Missouri Hospital Association
• Missouri State Medical Association

It is my understanding that Governor Nixon is non-committal on signing the helmet legislation.

Senate Local Government
Senator Griesheimer heard his local government committee hearing.

HB 234-Sponsor: Wood
Changes the laws regarding the detachment from public water supply districts.

• Companion SB 196 has been heard in the House but not yet on the Floor
• Proponents
• Larry Hill-Missouri Rural Water Association
• Fred Dreiling-Association of Water Districts

HB 283-Sponsor: Wood
Authorizes nonprofit sewer companies to provide domestic water services in certain areas.

• Companion to SB 154
• Sen. Griesheimer wants to put this on an omnibus bill

Primary Seat Belt
House Bill 665 in loaded down with over 30 amendments. HB 665 (Deeken) bill is the primary seat belt bill.

This is the last year for qualifying federal funds of $20 million. As it stands, this legislation will not pass.

Tobacco
The Senate has restored $1.5 million for a youth tobacco control program as well as $200,000 in grant funding for a youth literacy program as tobacco control.

The bill will now go to conference. The House zeroed out the grant program and funded. I will be working to take the Senate position.

Birth Certificates
SB 53   Allows adopted persons eighteen and over to obtain copies of their original birth certificate under certain circumstances.

Emergencies
House Bill 697 (Cooper) was passed unanimously out of committee Monday. (10-0)

I testified in support of the legislation on behalf of MOALPHA.

Dr. Cooper will attempt to find “vehicles” of legislation to amend the bill on to as bills come through from the Senate.

The legislation adds state and political subdivision employees to the term "volunteer" as it relates to persons who can dispense medications for the Department of Health and Senior Services during emergencies.  If the employee is not a health care professional and is not otherwise covered by the State Legal Expense Fund, the individual will be considered an unpaid employee and will be covered by the fund.

FISCAL NOTE:  No impact on state funds in FY 2010, FY 2011, and FY 2012.

PROPONENTS:  Supporters of the bill say that local public health authorities have requested the inclusion of their employees. Other local and state government employees would be allowed to be used during health care emergencies, such as pandemic flu.

Testifying for the bill were Representative Cooper; Department of Health and Senior Services; and Missouri Association of Local Public Health Agencies.

OPPONENTS:  There was no opposition voiced to the committee.

TANF
Representative Brandon’s HB 30 passed on Thursday in the House.

The legislation requires the Department of Social Services to develop a program to screen and test work-eligible applicants for or work-eligible recipients of the Temporary Assistance for Needy Families (TANF) Program benefits who the department has reasonable cause to believe, based on the screening, engage in the illegal use of controlled substances.  Applicants or recipients who test positive for the use of a controlled substance after an administrative hearing will be declared ineligible for TANF benefits for one year beginning on the date of the administrative hearing decision.  The department will refer an individual who tests positive to a substance abuse treatment program approved by the Division of Alcohol and Drug Abuse within the Department of Mental Health.  Any member of a household which includes a person who has been declared ineligible for TANF benefits, if otherwise eligible, will continue to receive protective or vendor payments through a third-party payee.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Unknown but Greater than $4,100,580 in FY 2010, Unknown but Greater than $5,001,584 in FY 2011, and Unknown but Greater than $5,198,715 in FY 2012.  No impact on Other State Funds in FY 2010, FY 2011, and FY 2012.

Next Week
Five weeks remain in the 2009 legislative session. The Senate has yet to deal with major priorities of the Governor.

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