Legislative Update - April 16, 2021
This Wednesday evening, members of the General Assembly took a break from legislating for the annual charity softball tournament, raising “5-figures” for the Samaritan Center in Jefferson City, which (among other services) provides a legal care program for low-income persons. The Senate spent many hours disputing various provisions in different bills, working well past midnight on Monday and then again working from Tuesday evening until 6:00 a.m. on Wednesday morning, each chamber ended the week approving a number of bills and forwarding them to the other chamber for consideration.
To identify bills of interest in your practice area and see the latest legislative action on them, visit The Missouri Bar’s Legislative Engagement Center.
SENATE
Senate Floor Action
For a complete list of bills approved by the Senate and delivered to the House for consideration, click here.
Highlights of Floor Action:
The Senate debated into very late evening hours on Monday, April 12, finally taking up SB 1 in “the middle of the night,” to use the words of some members. SB 1, sponsored by Senator Dan Hegeman (R – Cosby), would extend the sunset on the Federal Reimbursement Allowance (FRA) from 2021 to 2023. The FRA is a tax on Missouri hospitals that provides funds for the state to use to earn federal matching dollars for the MO HealthNet (Medicaid) program. Some senators believed that SB 1 could be used to reform the state’s Medicaid program. Others, including the bill sponsor and the Missouri Hospital Association, preferred to limit the bill to extending the sunset and maintaining compliance with federal law. The wide gulf between some senators on this particular matter may adversely impact the ability of the Senate to move any number of bills across the finish line during this legislative session.
Late Tuesday afternoon, the Senate reconvened and continued debate until around 6:00 a.m. on Wednesday morning. As a result, the Senate cancelled nearly all regularly scheduled hearings on Wednesday.
Senate Committee Action
The Senate Judiciary and Civil and Criminal Jurisprudence Committee met on April 12, 2021, and held public hearings on the following:
HCS HB 292 – Rep. Lane Roberts (R – Joplin): Modifies provisions relating to stalking
HB 292 would amend section 455.010, RSMo, to re-define “course of conduct” within the definition of “stalking,” as used in Chapter 455, to mean two or more acts that serve no legitimate purpose, including acts in which the stalker directly, indirectly, or through a third party follows, monitors, observes, surveils, threatens, or communicates to or about a person by any action, method, or device.
TESTIFYING IN SUPPORT
Darrell Moore (Missouri Association of Prosecuting Attorneys)
Electronic Witness Appearance Forms in Support
Jennifer Carter Dochler (Missouri Coalition Against Domestic and Sexual Violence)
TESTIFYING IN OPPOSITION
None
Electronic Witness Appearance Forms in Opposition
Arnie Dienoff
HB 530 – Rep. David Evans (R – West Plains): Modifies provisions relating to criminal offenses
Section 488.029 would amend a reference to Chapter 195, RSMo, changing it to Chapter 579, RSMo, regarding the surcharge of $150 in all criminal cases.
Section 556.046, RSMo, would change “proof of facts” to “evidence of the elements” as what must be established to convict a person of an offense included in an offense charged in the indictment.
Section 556.046, RSMo, would be amended to state that the court is obligated to charge the jury to an included offense only if:
(1) The offense is established by its evidence of the same or less than all the elements required to establish the charged offense was committed;
(2) The evidence provides a rational basis to acquit the person of the offense charged; and
(3) Either party requests the court to charge the jury with respect to a specific included offense.
TESTIFYING IN SUPPORT
Darrell Moore (Missouri Association of Prosecuting Attorneys)
TESTIFYING IN OPPOSITION
Kathryn Parish (Missouri Association of Criminal Defense Lawyers)
Electronic Witness Appearance Forms in Opposition
Arnie Dienoff
TESTIFYING FOR INFORMATIONAL PURPOSES
Stephen Sokoloff (Missouri Office of Prosecution Services)
HCS HB 676 – Rep. Mary Elizabeth Coleman (R – Arnold): Modifies provisions relating to the necessary mental state for a homicide offense
HB would amend 565.003, RSMo, to specify that it is no defense to a homicide charge that the identity of the person the offender intended to kill cannot be established. If the state proved beyond a reasonable doubt the offender had the requisite mental state toward non-identifiable persons or general class of persons, such intent would be transferred to a person killed by the offender while such mental state existed.
TESTIFYING IN SUPPORT
Darrell Moore (Missouri Association of Prosecuting Attorneys)
TESTIFYING IN OPPOSITION
None
Electronic Witness Appearance Forms in Opposition
Arnie Dienoff
The Committee took action on the following bill in executive session:
HCS HB 59 – Rep. Adam Schnelting (R – St. Charles) Do Pass (6 to 0)
The Senate Rules, Joint Rules, Resolutions and Ethics Committee met on April 13, 2021, and held public hearings on bills including the following:
SJR 28 – Senator Dan Hegeman (R – Cosby)
SJR 28, if approved by the voters, would amend Section 3, article XIII, of the Missouri Constitution to provide that no statewide elected officials, members of the General Assembly, and judges could receive an increase in compensation beyond the two-year period in which a schedule issued by the Missouri Citizens' Commission on Compensation for Elected Officials is effective.
TESTIFYING IN SUPPORT
None
Electronic Witness Appearance Forms in Support
Arnie Dienoff
TESTIFYING IN OPPOSITION
None
TESTIFYING FOR INFORMATIONAL PURPOSES
David Klarich (Missouri Circuit Judges’ Association) provided a history of the Citizens Commission on Compensation for Elected Officials. Since FY 2013, the salaries of Missouri judges have been indexed to their federal counterparts. When asked whether the association opposed the joint resolution, Mr. Klarich answered that it did not.
HOUSE
House Floor Action
For a complete list of bills approved by the House and delivered to the Senate for consideration, click here.
Highlights of Floor Action:
Two bills were truly agreed and finally passed on the House floor this week. SS SCS HCS HB 429 and SS SCS HCS HB 430, both originating in the House and sponsored by Representative Hannah Kelly (R – Mountain Grove). As introduced, HB 429 added section 143.1170, RSMo, to provide a tax deduction for foster parents. The TAFP version included the adoption tax credit, the Birth Match program (193.075, 210.150 and 210.156), child placement provisions (211.447, 453.014, 453.030, and 453.070), and child custody provisions (452.375) as well. Originally, HB 430 amended sections 135.325 – 135.335, 135.800 and 191.975, RSMo, to convert the special needs adoption tax credit to a tax credit for the adoption of all children, and not just those with special needs. The TAFP version included the Senate’s addition of language regarding domestic violence shelter (135.550) and maternity home (135.600) tax credits.
HB 21, an appropriations bill providing funding for programs to serve vulnerable Missourians, was adopted in lieu of funding for Medicaid expansion, which continues to be a point of contention between the two sides of the aisle.
House Committee Action
The House Committee on Crime Prevention met April 12, 2021, and held public hearings on the following bills:
HB 1321 – Rep. Ron Copeland (R – Salem)
HB 1321 would amend section 513.651, RSMo, and add new section 650.625. Section 513.651 would provide that money acquired by law enforcement agencies from asset forfeiture could be deposited into the Violent Crime Commission Fund to be used to assist local law enforcement agencies investigate violent criminal activity, enforce laws relating to violent crime, and train officers in violent crime prevention and enforcement. Section 650.625 would create the Violent Crime Commission and Fund to assist local law enforcement agencies to prevent, investigate, and solve violent crimes.
TESTIFYING IN SUPPORT
Mark Bruns (Missouri Fraternal Order of Police)
Dale Schmidt (Missouri Peace Officers Association)
TESTIFYING IN OPPOSITION
None
SUBMITTING ELECTRONIC WITNESS APPEARANCE FORMS
For a link to those submitting, click here.
HB 293 – Rep. Lane Roberts (R – Joplin)
HB 293 would amend section 43.650, RSMo, and add new section 589.437. This bill would add registered violent offenders to registered sexual offenders as those for which the State Highway Patrol must maintain a registry on its website. Section 589.437 would define registered violent offenders as those who are on probation or parole for the offense of first- or second-degree murder in Missouri or for an equivalent offense in any other state, and those who were found not guilty of the previous offenses by reason of mental disease or defect.
TESTIFYING IN SUPPORT
Mona Caylor (sister of person murdered by paroled 2nd degree murderer)
Dale Schmidt (Missouri Peace Officers Association
TESTIFYING IN OPPOSITION
None
SUBMITTING ELECTRONIC WITNESS APPEARANCE FORMS
For a link to those submitting, click here.
The Committee took action on the following bills in executive session:
HB 992 – Rep. Jamie Burger (R – Benton) Failed to Do Pass (4 to 4)
HB 166 – Rep. Bill Hardwick (R – Waynesville) Do Pass (6 to 2)
The House Committee on Children and Families met April 14, 2021, and held a public hearing on the following bill:
HB 431 – Rep. Hannah Kelly (R – Mountain Grove)
HB 431 would amend sections 188.027, 188.036, and 188.047, RSMo, and add two new sections (188.049, 3 and 188.165), dealing with fetal tissue remains, and a woman having had an abortion the sole right of sepulcher for the remains, with disposition choices limited to burial or cremation., with the price of disposition to be included in the cost of the abortion. It also would prohibit the use of fetal tissue from an abortion for any purpose, except to diagnose anomalies, paternity, or for any other law enforcement purposes. Violation of these provisions would be a class E felony. The bill would create the offense of hoarding of aborted human remains, with violators guilty of a class D felony, and required to undergo mental evaluation and treatment.
TESTIFYING IN SUPPORT
Sam Lee (Campaign Life Missouri)
Susan Klein (Missouri Right to Life)
Jamie Morris (Missouri Catholic Conference)
TESTIFYING IN OPPOSITION
Jennifer Bernstein (National Council of Jewish Women, St. Louis Section) testified this bill does not comport with the Jewish faith tradition, which distinguishes between life and potential life.
Mo Del Villar (ACLU of Missouri)
Kendall Martinez Wright (Volunteer with ACLU)
SUBMITTING ELECTRONIC WITNESS APPEARANCE FORMS
For a link to those submitting witness forms, click here.
The Committee took action on the following bills in executive session:
HB 852 – Rep. Sara Walsh (R – Ashland) Do Pass (4 to 0)
HB 1276 – Rep. Patricia Pike (R – Adrian) Do Pass (4 to 0)
The House Judiciary Committee met on April 14, 2021, and held public hearings on the following bills: in executive session:
SB 53 (SS/SCS/SBs 53 & 60) – Senator Tony Luetkemeyer (R – Parkville)
SS/SCS/SBs 53 & 60 would amend sections 57.280, 84.400, 565.240, 566.145, 590.030 and 590.070, RSMo, and add six new sections (84.575, 546.265, 563.015, 590.075, 590.192 and 590.1265) to modify existing law regarding law enforcement officers.
Section 57.280 would provide that a sheriff could charge up to $50 for service of any summons, writ, or order for an eviction proceeding. The charges would be collected by the sheriff, as opposed to the county clerk as currently provided, and paid to the county treasurer to be expended for furtherance of the sheriff's set duties. Currently, the county clerk may hold them in state and local funds.
Section 84.400 would allow a Kansas City Board of Police Commissioners member or any member of such police force to be appointed to serve on any state or federal board, commission, or task force where no compensation is paid. It would, however, allow acceptance of a per diem or reimbursement for necessary expenses for attending meetings.
Section 84.575 would not permit the Kansas City Board of Police Commissioners to require any currently employed or prospective law enforcement officer or other employee to reside within any jurisdictional limit as a condition of employment. The Commissioners could impose a residency rule, but the rule could be no more restrictive than requiring such personnel to reside within thirty miles from the nearest city limit and within the boundaries of the state of Missouri.
Section 546.265 would provide that no person would be required to disclose a privileged communication between a person who submits a report of alleged criminal activity to a crime stoppers organization and the person who accepts it on the organization’s behalf, by way of testimony or otherwise, Nor would such person be required to produce any records, documentary evidence, opinions, or decisions relating to such privileged communication in connection with any criminal proceeding or discovery procedure, under subpoena. Further, any person arrested or charged with a criminal offense could petition the court for an in-camera inspection of the records of a privileged communication concerning report made to the crime stoppers organization. If the court determined the person were entitled to all or part of such records, it could order production and disclosure as the court deemed appropriate.
Section 563.015 would prohibit law enforcement officers from using respiratory choke-holds unless deadly force is authorized under the law. “Respiratory choke-holds" include the use of any body part or object to attempt to control or disable a person by applying pressure to the person's neck with the purpose, intent, or effect of controlling or restricting the person's breathing.
Section 565.240 would add "any other personally identifiable information" to the name, home address, Social Security number, or telephone number of any person to the list for which one commits the offense of unlawful posting over the internet if s/he knowingly posts intending to cause great bodily harm or death, or threatening to cause great bodily harm or death. If the post is about law enforcement officers, corrections officers, parole officers, or prosecuting attorneys, or their immediate family members, the offense is upgraded from a Class C misdemeanor to a Class E felony.
Section 566.145 would provide that a law enforcement officer who engaged in sexual conduct with a detainee or prisoner in the custody of such officer would be guilty of a class E felony.
Section 590.030 would provide that, as a condition of licensure, in addition to obtaining continuing law enforcement education and maintaining a current address of record on file with the POST Commission, all licensed peace officers would have to (a) submit to being fingerprinted on or before January 1, 2022, and every six years thereafter, (b) submit to fingerprinting for a criminal history background check and (c) enroll in the state and federal Rap Back Program.
Additionally, peace officers would have to be fingerprinted and have a criminal history background check (including and FBI records check) any time they were commissioned with a different agency, with the report being forwarded to that agency. Law enforcement agencies would be required to enroll in Rap Back on or before January 1, 2022 and take all necessary steps to maintain officer enrollment as long as an officer is with that agency. Officer enrollment in Rap Back would provide for disciplinary reports.
Sections 590.070 and 590.075 would require that, prior to commissioning any peace officer, the CEO of the commissioning law enforcement agency request a certified copy, from the Director of the Post Commission, of all notifications regarding the circumstances surrounding an officer's departure that each CEO of an agency, from which the officer is departing, must now provide to the Director. The Director would have to provide that information to the commissioning CEO within three days of the request. Further, the CEO of each law enforcement agency would have absolute immunity from suit for complying with the notification requirements to the Director, unless s/he presented false information with the intention of causing reputational harm to the peace officer.
Section 590.192 would establish a "Critical Incident Stress Management Program" to assist peace officers to cope with stress and potential psychological trauma resulting from a response to a critical incident – one outside the usual realm of human experience that is markedly distressing or evokes reactions of intense fear, helplessness, or horror and involves the perceived threat to a person's (or someone else’s physical integrity), or an emotionally difficult event.
All peace officers would be required to meet with a program service provider once every three to five years for a mental health check-in, with notification to his or her commanding officer that such check-in has been completed. Any information disclosed during the check-in would be privileged and generally could not be used as evidence in criminal, administrative, or civil proceedings against the officer. The "988 Public Safety Fund" would be established and used to assist officers in coping with such stress and potential psychological trauma.
Section 590.1265 would establish the "Police Use of Force Transparency Act of 2021" to require law enforcement agencies, at least annually, to collect and report local data on use-of-force incidents involving peace officers to the National Use of Force Data Collection through the Law Enforcement Enterprise Portal administered by the FBI.
The information also would be provided to the Department of Public Safety (DPS), with personally identifying information of individual peace officers not to be included in the reports. Standards and procedures governing the collection and reporting of use-of-force data (consistent with the FBI’s requirements), would be developed by DPS. DPS would be required to publish the data annually and analyze any trends and disparities in rates of use of force by all law enforcement agencies, with a report to be released to the public and to be updated at least every five years.
TESTIFYING IN SUPPORT
Brad Thielemier (Missouri State Troopers Association)
Shawn Rhoads (Missouri Sheriffs United)
Brad Lemon (Kansas City Order of Police; Missouri FOP; Missouri FOP Lodge 15)
Scott Swain (Missouri Police Chiefs Association)
James Harris (Cicero Institute)
Kendall Martinez Wright (volunteer for ACLU)
TESTIFYING IN OPPOSITION
Nimrod Chapel (Missouri NAACP Conference) testified that the bill purports to be another criminal justice bill, but it creates another felony (the anti-doxxing provisions).
Shannon Cooper (City of Kansas City; Greater Kansas City Chamber of Commerce)
Webster Davis (Secretary, Missouri NAACP)
SCS SB 91 – Senator Jeanie Riddle (R – Mokane)
SCS SB 91 would amend section 566.150, RSMo, to provide that persons guilty of sex crimes involving children could not be present or loiter within five hundred feet of athletic complexes or fields primarily for children’s use and recreation, or within five hundred feet of Missouri Department of Conservation (“MDC”) Nature or Education Centers, unless the registered sex offender is the parent of a child participating in an MDC educational program and has permission to be on the property.
TESTIFYING IN SUPPORT
Aaron Jeffries (Missouri Department of Conservation)
Kyna Iman (Conservation Federation of Missouri)
TESTIFYING IN OPPOSITION
Angie James (wife of father, a registered sex offender, who paid his debt)
Josh James (convicted of furnishing pornography)
Mike James (father of the registered sex offender)
SS SB 141 – Senator Jason Bean (R – Holcomb)
SS SB 141 would amend Chapter 67 and 386, RSMo, by adding two new sections (67.309 and 386.895). Section 67.309 would provide that no political subdivision could adopt an ordinance, resolution, regulation, code or policy having the effect of, or prohibiting, a utility service connection or reconnection based upon the type or source of energy to be delivered to an individual customer.
Section 386.895 would require the PSC to adopt rules for gas corporations to offer a voluntary renewable natural gas program, as well as establishing reporting requirements to be used for such programs. Further, the PSC would adopt process requirements to enable gas corporations to fully recover incurred costs associated with an operational renewable natural gas program that are prudent, just, and reasonable, by means of an automatic adjustment clause.
TESTIFYING IN SUPPORT
Larry Poyce (Spire Missouri)
David Winton (Summit Utilities)
Trey Davis (Missouri Energy Development Association)
Kyna Iman (Roeslein & Associates, Inc. Community Energy)
Zach Monroe (Ameren)
Kara Corches (Missouri Chamber of Commerce and Energy
TESTIFYING IN OPPOSITION
Michael Byrd (Missouri Sierra Club) stated only opposing the 67.309 provision
The House Special Committee on Litigation Reform met on April 15, 2021, and held a public hearing on the following bill:
HB 1358 – Rep. Ben Baker (R – Neosho)
HB 1358 would amend chapter 192, RSMo, by adding one new section (192.027) to create the "True COVID Liability Act" relating to susceptibility to contagious diseases, personal accountability, legal liability and government-mandated responses. The bill would prohibit the state or any political subdivision from quarantining an individual or limiting the use of lawful activities in any private property or premises in which extraordinary prevalence of a contagious disease has not been proven. The bill also would protect individuals, owners, or entities from criminal or civil liability in any action alleging exposure to a contagious disease on their premises, unless they knowingly and purposely with malice, exposed an individual to a contagious disease where exposure caused the exposed individual to suffer a clinical disease.
TESTIFYING IN SUPPORT
Ron Calzone (Missouri First)
TESTIFYING IN OPPOSITION
Heidi Sutherland (Missouri State Medical Association) stated the organization’s concerns about putting limits are public health officials
TESTIFYING FOR INFORMATIONAL PURPOSES
Dave Roland (Freedom Center of Missouri)
SUBMITTING ELECTRONIC WITNESS APPEARANCE FORMS
At the time of drafting, this information was not yet available.
The Committee took action on the following bill in executive session:
HB 900 – Rep. Tony Lovasco (R – O’Fallon) Do Pass (6 to 1)
N.B.: Testimony on Senate bills heard in House committees can be found here.