Representative Neely's Capitol Report
Greetings Friends! To say it has been HOT is an understatement. I hope everyone is staying cool during these extremely hot days and remembering to check on elderly family and neighbors. Also, don't forget about our outdoor family critters; they get hot too and need extra water and cool place to get relief from the heat.
Governor Takes Final Actions on Legislation Approved by the General Assembly
The governor recently finished taking action on the numerous pieces of legislation sent to his desk by the Missouri General Assembly. The governor had until July 14 to act on each of the measures. When the governor considers the bills sent to him by the legislature he has the option of signing a bill into law, vetoing it to prevent it from taking effect, or taking no action on a bill, which allows it to go into law without his approval.
During the 2016 legislative session House members filed more than 1,600 pieces of legislation, and members of the Senate filed more than 600. Of those measures, 82 bills and joint resolutions from the House made it across the finish line. The Senate saw 57 pieces of legislation receive final approval from the General Assembly.
The governor then took action by signing 115 bills into law; allowing three bills to take effect without his signature; vetoing 23 measures; and using his line-item vetoes on two budget bills. The governor’s total includes a House Concurrent Resolution that he signed into effect, and a Senate Concurrent Resolution (SCR 46) that he vetoed, but then saw the veto overridden by the legislature during the regular session. The governor also saw his veto of legislation (SBs 586 & 651) to update the funding formula for Missouri’s public schools overridden while the General Assembly was still in session. Additionally, he vetoed “Paycheck Protection” legislation (HB 1891) during the regular session, which the House successfully voted to override but the Senate fell one vote shy in its override attempt.
When the House and Senate return for the General Assembly’s annual Veto Session in September, members of the two chambers will have 20 vetoed bills and two line-item vetoes in the state operating budget to consider. Below are brief overviews of some of the issues most likely to take center stage during the Veto Session.
Voter ID (HB 1631)
While Missouri voters will have the opportunity in November to decide if citizens should be required to show a valid form of photo identification in order to vote, the governor vetoed the bill that would have put such a system in place if the constitutional change is approved.
If the constitutional change is approved by voters, and the veto of HB 1631 is overridden, Missouri would then implement a system of voter identification. The bill would require voters to present a specified form of identification in order to vote in a public election. Valid forms of identification would include photo IDs issued by the state, the federal government or the military. The bill also would require the state to pay for individuals to obtain a valid ID if they do not have one, or to obtain documents necessary for an ID. Additionally, the final version of the HB 1631 contains a provision that would allow a voter without a valid photo ID to vote with a regular ballot by showing another form of identification.
Strengthening Second Amendment Rights (SB 656)
The governor vetoed legislation that the Missouri General Assembly approved to strengthen the gun rights of law-abiding Missourians. If the veto is overridden by the legislature in September, the bill would allow Missourians to carry a concealed weapon without the need for a permit.
Commonly referred to as constitutional carry, the bill would allow any person to carry a concealed firearm anywhere that isn’t expressly prohibited by law. The bill is meant to build on the constitutional change made by Missouri citizens in 2014 that allows Missourians the right to permit-less carry.
The bill also would ensure that individuals who do want to obtain a five-year concealed carry permit will not be charged a fee in excess of $100. The bill would specifically prohibit additional fees that may be charged, including any fee for fingerprinting or a criminal background check. Additionally, the bill will allow Missouri citizens to obtain 10-year, 25-year, or lifetime permits for $200, $250, and $500 respectively.
The legislation also contains a provision commonly referred to as the “Stand Your Ground” law. The measure would remove the requirement that a person who is any place they are legally allowed to be can use force without retreating first. The bill would also expand the state’s castle doctrine law. Current statute allows individuals to use deadly force to defend themselves and their property against intruders. The bill approved by lawmakers would extend the protection against lawsuits to house guests who use deadly force.
Big Government Get Off My Back Act (HB 1870)
The governor also vetoed legislation meant to cut the bureaucratic red tape that too often stifles the growth of small businesses in Missouri. If the General Assembly overrides the governor’s veto, the bill would revive the Big Government Get Off My Back Act for tax years 2016 through 2021.
The act originally ran from 2009 to 2014 and was instrumental in prohibiting burdensome new rules and regulations on small businesses, as well as unnecessary fee increases. The act also gives a $10,000 tax deduction for any small business, with 50 employees or less, that hires additional employees and pays them at least the average county wage. A business can claim a $20,000 deduction if it also pays for at least half of its employees’ health insurance premiums.
In its final year in 2014, the act provided tax relief to 196 small businesses throughout Missouri. Supporters hope to provide assistance to even more businesses by reviving the program.
Collateral Source Reform Legislation (SB 847)
Legislation approved by the General Assembly and vetoed by the governor would reform Missouri’s legal system to clarify that an injured person involved in a lawsuit can recover only the actual cost incurred for medical treatment. Specifically, the legislation would modify Missouri’s collateral source rule that currently prevents evidence from being admitted to show when a plaintiff’s losses have been compensated from other sources such as insurance or workers’ compensation.
Expert Witness Legislation (SB 591)
Another bill vetoed by the governor was meant to improve the reliability of expert evidence presented to juries in Missouri state courts. The bill would implement an established standard for determining when expert-witness testimony is admissible as evidence at trial. The proposed standard, commonly referred to as the Daubert standard after a 1993 U.S. Supreme Court case, is used in federal courts and more than two-thirds of the states. Under this standard, the trial judge acts as a gatekeeper to ensure that “expert” testimony is based on “sufficient facts or data” and is the product of “reliable principles and methods.” Currently in Missouri, judges admit expert testimony if it is based on facts that are “reasonably relied upon by experts in the field.”
Protecting Taxpayer Dollars (HB 1432)
The governor also objected to legislation that was meant to protect taxpayer funds from being wasted on ineffective government employees who are placed on paid administrative leave when they should be fired. The legislation is a response to abuses seen in a Missouri school district where several administrators were not fired but instead kept on extended paid administrative leave. To prevent such abuses from happening, the legislation approved by the General Assembly would require a hearing within 60 days of an employee being placed on administrative leave. The hearing would be utilized to determine if the employee engaged in misconduct. The bill also would require that an employee placed on administrative leave be provided with a written explanation of the specific reason for the placement within seven days.
Reducing the Tax Burden on Farmers Recovering from Disaster (SB 641)
The governor vetoed SB 641 that was passed by the legislature to allow a 100 percent income tax deduction for the amount of any income received as payment from any program that compensates agricultural producers who have suffered a loss as a result of a disaster or emergency. In effect, it would ensure farmers aren’t taxed on any disaster relief assistance they receive. Supporters said the change is necessary to allow farmers to benefit fully from the financial assistance they receive after an emergency or disaster.
Protecting Livestock Owners from Excessive Liability (SB 844)
Legislators also will consider overriding the governor’s veto of SB 844 that was approved to clarify that an animal owner is liable for damages done by the animal to another’s property only if the owner has been negligent. Currently, if horses, cattle, or other livestock break through a fence and cause damages to another’s property, the owner is strictly liable. Even in cases when the fence is torn down or broken by someone else, the owner of the animals is still liable under current law. The change approved by the General Assembly would relieve the animal owner from liability for damages when the animals were released because of the actions or fault of another.
Other vetoed bills to be considered:
HB 1414 - Exempts data collected by state agencies under the federal Animal Disease Traceability Program from disclosure under Missouri's sunshine law
HB 1474 - Modifies provisions relating to ethics and repeals provisions of law deemed unconstitutional
HB 1713 - Requires the Department of Natural Resources to provide information regarding advanced technologies to upgrade existing lagoon-based wastewater systems to meet any new or existing discharge requirements
HB 1733 - Adds vehicles owned and operated by the Civil Support Team of the Missouri National Guard when used during operations involving hazardous materials to the definition of "emergency vehicle"
HB 1763 - Changes the laws regarding workers' compensation large deductible policies issued by an insurer
HB 1976 - Changes the laws regarding service contracts
HB 2030 - Authorizes a tax deduction equal to fifty percent of the capital gain resulting from the sale of employer securities to a certain Missouri stock ownership plan
HB 2237 - Modifies provisions of law regarding University of Missouri extension councils
SB 608 - Modifies several provisions relating to health care
SB 867 - Contains provisions relating to fire protection, sheltered workshops, assessments of mining property, consolidation of road districts, and property managers
SB 994 - Allows the Missouri Wine and Grape Board to oversee and provide any professional or legal services on the distribution of wine to effectuate the Board's marketing goals
SB 1025 - Exempts instructional classes from sales tax
As always, please do not hesitate to call or write me anytime with your questions or thoughts on this or any other issue. My Capitol office is 573.751.0246 and my email is jim.neely@house.mo.gov . Thank you for the honor to serve as your Representative in the Missouri House of Representatives.
Working on your behalf,
Representative Jim Neely
Proudly Serving the 8th House District
Clinton, Caldwell, Clay and Ray Counties
Missouri House of Representatives
