23
April
2021
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15:05 PM
America/Chicago

Legislative Update - April 23, 2021

On the heels of last week’s charity softball tournament, the Senate held its annual charity bowling event on Monday of this week. Time is running short for the regular session, with only three full weeks remaining, and as the clock ticks down, pressure builds inside the Capitol.  

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 Senate Action: 

On Tuesday evening, the Senate took up SB 1, sponsored by Senator Dan Hegeman (R – Cosby), for perfection. Senate Bill 1 would extend the sunset on the Federal Reimbursement Allowance (FRA) from 2021 to 2023. The FRA is a tax imposed on Missouri hospitals, pharmacies, nursing homes and ambulance services that provides state funds used to drawn down federal matching dollars for the MO HealthNet (Medicaid) program.  It had been placed on the Informal Calendar last week after a [ ] floor amendment was introduced. This week, after a compromise had been reached on the previous amendment, another floor amendment was introduced, which stalled consideration of the bill, and the sponsor requested that the bill be placed back on the Informal Calendar for future consideration.  On a related note, on Wednesday evening, the Senate Appropriations Committee voted on an amendment to add an additional $60 million to the budget for MO HealthNet, and the amendment failed on 7 to 7 vote. 

The Senate Judiciary and Civil and Criminal Jurisprudence Committee met on April 19, 2021, and held public hearings on the following: 

HCS HB 744 – Rep. Lane Roberts (R – Joplin) 

Modifies provisions relating to protection orders, including protection orders for household pets 

HCS HB 744 would amend chapter 455, RSMo, (Sections 455.010, 455.032, 455.035, 455.040, 455.045, 455.050, 455.513, 455.520, and 455.523) to provide that, on motion by the petitioner and hearing by the court, an order of protection could be renewed up to a period not to exceed the lifetime of the abuser, with the length of time depending on the court’s specific finding that the abuser posed serious danger to the petitioner’s or petitioner’s minor household member’s physical or mental health. In addition, adult and child protection orders, full or ex parte, could be granted to restrain or enjoin an individual from committing or threatening to commit abuse against a pet. A protection order could include an order of possession of the pet, as well as any funds needed to cover its medical costs resulting from abuse. 

TESTIFYING IN SUPPORT 

  • Andy Briscoe – (American Society for the Prevention of Cruelty to Animals) 

  • Aislinn McCarthy-Sinclair (Missouri Alliance for Animal Legislation) addressed how the relationship between pets and the abused is used to manipulate those who are abused. 

Electronic Witness Appearance Forms in Support 

  • Jennifer Carter Dochler - Missouri Coalition Against Domestic and Sexual Violence (MCADSV) 

  • Sherry L. Buchanan, Ph.D. 

TESTIFYING IN OPPOSITION 

  • No one in person 

Electronic Witness Appearance Forms in Opposition 

  • Arnie C. Dienoff 

HCS HB 1242 – Rep. David Evans (R – West Plains)  

Modifies provisions relating to juvenile court proceedings 

HCS HB 1242 would amend sections 211.181, 211.435, 211.438, 211.439, and 485.060, RSMo, and add one new section (211.012) to provide that, for purposes of chapter 211, RSMo, section 221.044, and original jurisdiction of the juvenile court, a person considered an adult when s/he allegedly violated a state law or municipal ordinance would not later be considered a child. Currently, no court can require a child to remain in the custody of the Division of Youth Services past the child’s eighteenth birthday. This bill would permit a child to remain in such custody until the child’s nineteenth birthday. The current “Juvenile Justice Preservation Fund” in the state treasury would be converted into Juvenile Justice Preservation Funds in each county circuit court, for the implementation and maintainenance of expanded juvenile court.  The surcharge collected pursuant to section 211.435 would be payable to the county circuit court, rather than the state treasury.  Funds currently held by the State Treasurer would revert to the local fund in the county of origination.  Expenditures from the individual county juvenile justice funds would be made at the discretion of the juvenile office for the circuit court.  Moneys in the funds could not be used to replace or reduce county or state responsibilities to provide funding for existing and new juvenile treatment services.  The bill has an emergency clause for the provisions related to juvenile justice. 

Finally, beginning January 1, 2022, each court reporter for a circuit judge would receive an annual salary based upon cumulative years of service as a court reporter with the state’s circuit courts.  

TESTIFYING IN SUPPORT 

  • Mary Chant (Missouri Coalition of Children’s Agencies) 

  • Mallory Rusch (Empower Missouri) 

  • Brian Bernskoettter (Missouri Association of Criminal Defense Lawyers) 

  • Marcia Hazelhorst (Missouri Juvenile Justice Association) 

  • Darrell Moore (Missouri Association of Prosecuting Attorneys) 

  • Mary Fox (Missouri State Public Defender) 

  • Kathy Foley (Missouri Court Reporters Association) 

  • Alex Eaton (Justice Action Network) 

Electronic Witness Appearance Forms in Support 

  • Melissa Hannah ( court reporter)  

  • Yvonne Gallagher (court reporter) 

  • Christine Woody (Empower Missouri)  

  • Dwight Carlson (Missouri Court Reporters Association) 

  • Lauren Goodman (Missouri Certified Official Court Reporters) 

  • Rita Linhardt (Missouri Catholic Conference)  

  • Tina Miller (court reporter) 

  • Cheryl Adelstein (Jewish Community Relations Council)  

  • Phillip Warren (33rd Circuit Juvenile Division; Missouri Juvenile Justice Association) 

TESTIFYING IN OPPOSITION 

  • No one in person 

Electronic Witness Appearance Forms in Opposition 

  • Arnie C. Dienoff 

  • Kristie Pierce (All Missouri Children Currently Awaiting Trial for Acts Committed at Age 17) 

The Committee took the following action in executive session: 

  • SCS for HB 530 & HCS HB 292    Do Pass (5 to 2) 

The Senate committee substitute contains provisions substantially similar to those originating in SCS SB 65 (Rehder); HB 530 (Evans); HCS HB 292 (Roberts) and HCS HB 676 (Coleman – 97). 

The Senate General Laws Committee scheduled for April 20, 2021, was cancelled. 

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: 

Floor action in the House bogged down in debate over amendments to HCS HBs 1141 and 1067,  sponsored by Rep. Dan Shaul (R – Imperial). Prior to floor amendments, the House committee substitute would have modified student grade average requirements for the A+ program to exclude negative changes in academic performance caused by COVID-19, the pandemic, or resulting instructional changes.  The first floor amendment, which was adopted, related to participation in public school interscholastic or intramural athletic teams on the basis of biological sex, and the second floor amendment related the use of curriculum implementing critical race theory (as defined in the amendment) in Missouri school districts or charter schools. The latter amendment was still pending when the bill was laid over on the Informal Calendar.  

House Committee Action 

The House Committee on Crime Prevention met April 19, 2021, in executive session and took action on the following bills: 

  • HB 293 – Rep. Lane Roberts (R – Joplin) Do Pass (6 to 1)  

  • HB 992 – Rep. Jamie Burger (R – Benton)  Do Pass (6 to 4)  

  • HB 1321 – Rep. Ron Copeland (R – Salem)  Do Pass (9 to 1)  

The House Committee on Public Safety met April 20, 2021, and held a public hearing on the following bill: 

SS SCS SB 4 – Senator Paul Wieland (R – Imperial) 

SS SCS SB 4 would amend sections 301.192, 301.280, 301.558, 302.755, 2 303.025, 303.041, 407.526, 407.536, and 407.556, RSMo, and create five new sections (303.420, 303.422, 303.425, 303.430, and 303.440) modifying provisions relating to motor vehicle financial responsibility.  

SUBMITTING 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 863 – Rep. Robert Sauls (D – Independence) Do Pass (6 to 0)  

  • HB 290 – Rep. Lane Roberts (R – Joplin)  Do Pass (6 to 0)  

The House Special Committee on Litigation Reform met on April 20, 2021, in executive session and took action on the following bill: 

  • HB 1358 – Rep. Ben Baker (R – Neosho) Do Pass (8 to 0)  

The House Committee on Children and Families met on April 21, 2021, in executive session and took action on the following bill: 

  • HB 431 – Rep. Hannah Kelly (R – Mountain Grove)  Do Pass (4 to 2)  

The House Committee on Crime Prevention met April 21, 2021, and held public hearings on the following bills: 

SS SCS SB 71 – Senator Elaine Gannon (R – De Soto) 

SS SCS SB 71 would amend sections 455.010, 455.032, 455.040, 455.045, 2 455.050, 455.513, 455.520, and 455.523, RSMo, to provide that full or ex parte adult and child protection orders could be granted to restrain or enjoin an individual from committing or threatening to commit abuse against a pet. A protection order may include an order of possession of the pet, as well as any funds needed to cover medical costs resulting from abuse of the pet. 

Furthermore, if a court were to find, after an evidentiary hearing, that an abuser posed a serious danger to the physical or mental health of the person abused or a minor household member, the protective order would be valid for at least two and not more than ten years. The full order could be renewed annually for at least 180 days and not more than one year from the expiration date of the previously issued order; except, where the court finds the abuser poses a serious danger to the abused person or a minor household member, then the order could be renewed periodically and be valid for at least two years and up to the life of the abuser. The court could include a provision that any full order of protection could be automatically renewed for any term of renewal. 

If a court were to find that the abuser posed a serious risk to the abused or a minor household member, the court could not modify the order until at least two years from the date of the original full order of protection were issued and only after a hearing and making written findings the abuser had shown proof of treatment and rehabilitation and no longer posed a serious danger. 

Additionally, the court would provide all the necessary information regarding the order of protection for the sheriff to enter into the Missouri Uniform Law Enforcement System (MULES) and the National Crime Information Center (NCIC). 

TESTIFYING IN SUPPORT 

  • Aislinn McCarthy-Sinclair (Missouri Alliance for Animal Legislation) 

  • Andy Briscoe (American Society for the Prevention of Cruelty to Animals) 

TESTIFYING IN OPPOSITION 

  • None  

SUBMITTING ELECTRONIC WITNESS APPEARANCE FORMS 

  • For a link to those submitting, click here.  

SS SCS SB 57 – Senator Karla May (D – St. Louis)  

SS SCS SB 57 would amend chapter 590 and 650, RSMo. It would add section 590.192, establishing the Critical Incident Stress Management Program (“Program”) within the Department of Public Safety (DPS) to provide services for peace officers to assist in coping with stress and potential psychological trauma resulting from a response to a critical incident or emotionally difficult event. 

Peace officers would meet with a program service provider once every three to five years for a mental health check-in, with completion of the check-in reported to his or her commanding officer. Any information disclosed would be privileged and could not be used as evidence in criminal, administrative, or civil proceedings against the peace officer. 

Additionally, the act would create the “988 Public Safety Fund” within the state treasury, to be used to help fund the program.  

Section 650.550 would provide for establishing the “Economic Distress Zone Fund” to enable DPS to provide funding to 501(c)(3) organizations that provide services to residents in areas of high incidents of crime and deteriorating infrastructure to deter criminal behavior in such areas. This provision would sunset on August 28, 2024. 

TESTIFYING IN SUPPORT 

  • None 

TESTIFYING IN OPPOSITION 

  • None  

SUBMITTING ELECTRONIC WITNESS APPEARANCE FORMS 

  • For a link to those submitting witness forms, click here.  

The House Committee on Crime Prevention met on April 22, 2021, in executive session and took action on the following bill: 

  • SS SCS SB 71 – Senator Elaine Gannon (R – De Soto) Do Pass (9 to 1)