Legislative Update - Feb. 18, 2022

ANOTHER LEGISLATIVE WEEK SHORTENED BY WEATHER 

Projections of more winter weather prompted the House and Senate to conclude their legislative week early, canceling committee hearings and sessions on Thursday.  The Senate had extended its legislative week with Friday and Saturday sessions, seeking a breakthrough on congressional redistricting, and did not reconvene until Tuesday (2/15/2022).  The House convened on Monday (2/14/2022).  To date, the House has third read four bills and one joint resolution and sent them to the Senate for consideration.  The joint resolution (HJR 79) is a proposed constitutional amendment relating to initiative petitions and referenda.  In addition, the House has perfected another nine bills on topics ranging from vaccine, discrimination, employee misconduct, and workers’ compensation to MO HealthNet.  The Senate shifted away from congressional redistricting and, before adjourning for the week, managed to perfect two measures and place the emergency supplemental appropriations bill on the calendar for debate next week.  The Senate perfected SS SCS SB 672, relating to workforce development, and SS SJR 33, a proposed constitutional amendment relating to taxation. 

Two Bar-initiated legislative proposals, relating to trust decanting and alternative dispute resolution, have been introduced as bills in both chambers. 

• ALTERNATIVE DISPUTE RESOLUTION (Legis. Proposal 2022-06)  
  Proposed by Alternative Dispute Resolution Committee  
  SB 1148 (Sen. Steven Roberts) and HB 2660 (Rep. Rudy Veit)  
   
• MISSOURI REVISED DECANTING STATUTE (Legis. Proposal 2022-08)  
  Proposed by the Probate and Trust Division  
  SB 886 (Sen. Tony Luetkemeyer) and HB 2001 (Rep. Bill Hardwick)

Current Legislative Status of Bar-Initiated Legislative Proposals (2022 Introduced Legislation)

New bills continue to be filed each legislative day, with a final deadline of March 1, 2022, for bill introduction.  To review bills of interest and check their legislative progress, visit The Missouri Bar’s Legislative Engagement Center.  The bill feeds are organized by subject or practice area and automatically update as legislative actions occur, so bookmark the page and check back regularly.  If you have any questions or comments about specific legislation, please contact Government Relations Counsel at 573-659-2280 or govrel@mobar.org for more information.   
  

COMMITTEE HEARINGS OF INTEREST

SENATE

The Senate Appropriations Committee met on February 15, 2022, and heard the presentation of the proposed Fiscal Year 2023 budgets for the judiciary and the Missouri State Public Defender system. 

The Senate Rules, Joint Rules, Resolutions and Ethics Committee met on February 15, 2022, and conducted a public hearing on the following legislation:

• SJR 30 (Hegeman), Provides for gubernatorial appointment of members of the nonpartisan judicial commissions – Witnesses 
  Opposition:  Randy Scherr (Missouri Organization of Defense Lawyers and Missouri Association of Criminal Defense Lawyers); Eric Jennings (The Missouri Bar); Kenneth Barnes (Missouri Association of Trial Attorneys)  
  Informational Purposes Only:  Patricia Churchill (Judicial Conference of Missouri)

The Senate Seniors, Families, Veterans & Military Affairs Committee met February 16, 2022, and conducted a public hearing on the following legislation: 

• SB 683 (O’Laughlin), modifying provisions relating to child care – Witnesses   
   
• SB 737 (Koenig), modifying provision relating to abortion – Witnesses  
  Support:  Jamie Morris (Missouri Catholic Conference); Samuel Lee (Campaign Life Missouri); Susan Kline (Missouri Right to Life); Tyler McClay (Missouri Catholic Conference)   
  Opposition:  Ron Berry (Planned Parenthood of Great Plains); Maggie Olivia Edmondson (Pro Choice Missouri); Dana Sandweiss (ACLU and Access Missouri); Victoria Singer (National Council of Jewish Women); M’Evie Mead (Advocates of Planned Parenthood)   
   
• SB 773 (Williams), modifying the Ticket to Work Health Assurance Program – Witnesses  
  Support: Aimee Wehmeier and E. Briana Conley (Paraquad, Inc.); Kristine Kliewer   
   
• SJR 40 (Luetkemeyer), exempting certain disabled veterans from property taxes – Witnesses   
   
• SB 826 (Hough), modifying the age range of children in license-exempt neighborhood youth development programs – Witnesses  
  Support:  Emily Denniston (Springfield Chamber of Commerce); Amanda Good (Missouri Alliance of Boys and Girls Clubs); Jessica Petrie (KidsWin Missouri)  
   
• SB 834 (Luetkemeyer), creating provision relating to a correction center nursery program – Witnesses  
  Support: Jeff Smith (Missouri Appleseed); Sam Lee (Campaign for Life Missouri); Sarah Schlemeier (American College of Obstetricians and Gynecologists); Christine Woody (Empower Missouri); David Jackson (Foster and Adoptive Care Coalition); Jessica Petrie (KidsWin Missouri and National Association of Social Workers, Missouri Chapter); Noah Bein (Justice Action Network); Maggie Olivia (Pro Choice Missouri); M’Evie Mead (Advocates of Planned Parenthood)  
  Informational Purposes Only: Adam Albrach and Trevor Foley (Missouri Department of Corrections)   
   
• SB 798 (Mosley), establishing a “Restaurant Meals Program” as part of the Supplemental Nutrition Assistance Program (SNAP) – Witnesses  
  Support: Briana Conley (Paraquad, Inc.); Christine Woody (Empower Missouri); Sarah Schlemeier (Health Forward Foundation)  
   
• SB 823 (White), modifying provision relating to child protection – Witnesses  
  Support: Sarah Schlemeier (Missouri Coalition for Children)  
  Informational Purposes Only:  Darrell Missy (Missouri Children’s Division); Ryan Conway (Department of Social Services)

The committee took action on the following bills in executive session:

• SCS SB 683 (O’Laughlin), modifying provisions relation to child care       
  Do Pass by a vote of 7 to 0  
   
• SB 737 (Koenig), modifying provision relating to abortion                 
  Do Pass by a vote of 6 to 1  
   
• SB 773, (Williams), modifying the Ticket to Work Health Assurance Program       
  Do Pass by a vote of 7 to 0  
   
• SCS SJR 40 (Luetkemeyer), exempting certain disabled veterans from property taxes          
  Do Pass by a vote of 7 to 0

The Senate Judiciary and Civil and Criminal Jurisprudence Committee met on February 16, 2022, and held public hearings on the following legislation:

• SB 640 (Schupp), modifying provisions relating to rights of sexual assault survivors – Witnesses  
  Support: Jennifer Carter Dochler (Missouri Coalition Against Domestic and Sexual Violence); Amy Fite (Missouri Association of Prosecuting Attorneys); Jessica Seitz (Missouri KidsFirst); Amy Schwartz (Missouri Hospital Association); Maggie Olivia (Pro Choice Missouri)  
  Informational purposes: Mary Fox (Missouri State Public Defender)   
   
• SB 751 (Bernskoetter), modifying provisions relating to location restrictions for certain offenders – Witnesses  
   
• SB 775 (Thompson-Rehder), modifying provisions relating to prior sexual conduct of witnesses – Witnesses  
  Support: Amy Fite (Missouri Association of Prosecuting Attorneys); Jennifer Carter Dochler (Missouri Coalition Against Domestic and Sexual Violence); Maggie Olivia (Pro Choice Missouri)

The Committee took action on the following bill in executive session:

• SCS SB 831 (Brown), creating and modifying provisions relating to tampering with teller machines  
  Do pass by a vote of 4 to 1  
   
• SB 833 (Luetkemeyer), modifying provisions relating to business covenants involving business entities  
  Do pass by a vote of 4 to 1  
   
• SB 883 (White), modifying provisions relating to the procurement of bonds or insurance policies from the State Legal Expense Fund   
  Do pass by a vote of 5 to 0

HOUSE

The House Crime Prevention Committee met on February 14, 2022, and held public hearings on the following legislation:

• HB 1680 (Sharp), requiring persons convicted of an intoxication-related traffic offense to use an ignition interlock device for a period of at least six months – Electronic Witness Forms  
  Support:  Allyson Summers (Mothers Against Drunk Driving, Missouri)  
   
• HB 1702 (Roberts), modifying court procedures for certain offenses classified or charged as infractions – Electronic Witness Forms  
  Support: Noah Bein (Justice Action Network)  
  Informational Purposes Only:  Dr. Jill Barnas (MOST Policy Initiative)  
   
• HB 2623 (Veit), modifying provisions relating to required background checks of individuals employed by or associated with licensed residential care facilities, child placing agencies, or residential care facilities – Electronic Witness Forms  
  Informational Purposes Only:  Linda Lueckenhoff (Missouri Department of Public Safety)  
   
• HB 2032 (Lewis), establishing and modifying provisions relating to child trafficking – Electronic Witness Forms  
  Support:  Dr. Shima Rostami (Gateway Human Trafficking)  
  Informational Purposes Only:  Teri Armistead (Missouri Children’s Division); Ryan Conway (Missouri Department of Social Services); Marcia Hazelhorst (Missouri Juvenile Justice Association)

Archived Video of Committee Hearing

The House General Laws Committee met on February 14, 2022, and held public hearings on the following legislation:

• HB 1722 (Shields), requiring bleeding control kits in all public school and charter school classrooms – Electronic Witness Forms  
  Support: Dr. Jeffery Coughenour (MU Trauma Center); Tricia Workman (Missouri Charter Public Schools Association); Jessica Petrie (BJC Healthcare Systems)  
   
• HB 2094 (Murphy), modifying the offense of furnishing pornographic material to minors – Electronic Witness Forms  
   
• HB 2169 (Trent), establishing provisions for the appointment and duties of commissioners to attend an Article V convention – Electronic Witness Forms  
  Support: Brett Sterley and Rosendo Martinez (Convention of States, Missouri)  
   
• HB 2163 (Houx), authorizing the next-of-kin of a deceased person to delegate control of the final disposition of the remains – Electronic Witness Forms  
  In Support: Sam Licklider (Missouri Funeral Directors and Embalmers Association)

Archived Video of Committee Hearing

The House Public Safety Committee met on February 15, 2022, and held a public hearing on the following legislation:

• HB 2109 (Cook), modifying provisions relating to peer review committees – Electronic Witness Forms  
  Support: Jason White (Mid-America Regional Council); Trent Ford (Ambulance District Association of Missouri); Brent Hemphill (Missouri Ambulance Association); Jack Gamble (Missouri Fire Service Alliance); Steve Carroll (Mehlville Fire Protection District)  
  Opposition: Sharon Geuea Jones (Missouri Association of Trial Attorneys)

Archived Video of Committee Hearing

The House Special Committee on Litigation Reform met on February 15, 2022, and held public hearings on the following legislation:

• HB 1715 (Riley), modifying provisions relating to the collateral source rule – Electronic Witness Forms  
  Support:  Dana Frese (Healthcare Services Group); Jorgen Schlemeier (American Tort Reform Association and Missouri Railroad Association); Michael Gibbons (Bayer U.S. and Enterprise Leasing of St. Louis); Ray McCarty (Associated Industries of Missouri); David Jackson (Missouri Society of Anesthesiologists, Missouri Ambulatory Surgery Center Association, American College of Obstetricians and Gynecologists – Missouri Section, RAYUS Radiology); Carol Mitchell (Missouri Chamber of Commerce and Industry); Brad Jones (NFIB – Missouri); Tony Reinhart (Ford Motor Company); Michael Henderson (Missouri Insurance Coalition) 
  Opposition: Chelsea Elizabeth Dickerson  
   
• HB 1716 (Riley), modifying provisions relating to workers' compensation – Electronic Witness Forms  
  Support: Matt Murphy (workers’ compensation defense attorney); Ray McCarty (Associated Industries of Missouri); Tony Reinhart (Ford Motor Company); Carol Mitchell (Missouri Chamber of Commerce and Industry); Brad Jones (NFIB – Missouri); Michael Henderson (Missouri Insurance Coalition)  
  Opposition: Jason Jezzi (Missouri Association of Trial Attorneys and Kansas City AFL-CIO)

Archived Video of Committee Hearing

The House Special Committee on Criminal Justice met on February 15, 2022, and considered the following legislation in executive session:

• HB 1739 (Dogan), designating September 22 as Hazel Erby Day in Missouri      
  Do Pass by a vote of 10 to 0  
   
• HCS HB 2299 (Davis), creating provisions regarding the use of telephones in correctional facilities                                                          
  Do Pass by a vote of 10 to 0

Archived Video of Committee Hearing

The House Judiciary Committee met on February 16, 2022, and held public hearings on the following legislation:

• HB 1963 (Degroot), allowing the circuit court in St. Louis City to collect a fee not to exceed twenty dollars, rather than fifteen, to go toward the law library – Electronic Witness Forms  
  Support:  Hon. Robert Dierker (Law Library Association of St. Louis)  
   
• HB 1662 (Fishel), changing the laws regarding restrictive covenants by expanding the definition of prohibited covenants and establishes a procedure to remove prohibited covenants from deeds – Electronic Witness Forms  
  Support: Jason Zamkus (Missouri Association of Realtors); Jessica Petrie (Recorders Association of Missouri)  
   
• HB 2005 (Haffner), modifying provisions for eminent domain for utility purposes – Electronic Witness Forms  
  Support: Garrett Hawkins (Missouri Farm Bureau); Wiley Hibbard (Ralls County Presiding Commissioner); David Carpenter (Ralls County landowner); Mike Deering (Missouri Cattlemen’s Association); Ben Travlos (Missouri Corn Growers Association)  
  Opposition:  Peggy Whipple (Grainbelt Express LLC); Ewell Lawson (Missouri Association of Municipal Utilities); Trey Davis (Missouri Energy Development Association); Ray McCarty (Associated Industries of Missouri); Jorgen Schlemeier (Missouri Railroad Association); Jeremy LaFaver (Clean Grid Alliance)  
   
• HB 2590 (Evans), modifying provisions relating to sexual offenses – Electronic Witness Forms  
  Support:  Amy Fite (Missouri Association of Prosecuting Attorneys)

The committee took action on the following legislation in executive session:

• HCS HB 1904 and 1575 (Murphy), creating provisions relating to COVID-19 vaccination equivalency cards      
  Do Pass by a vote of 5 to 4  
   
• HB 1575 (Wiemann), requiring natural immunity to be considered equivalent to vaccine-induced immunity for viral infections    
  Combined with HB 1904  
   
• HB 1692 (Boggs), creating provision relating to employer liability for injuries from required immunizations  
  Do Pass by a vote of 5 to 4  
   
• HB 1762 (Sander), creating provisions relating to the return of fines or other monetary penalties for the violation of COVID-19 health orders       
  Do Pass by a vote of 5 to 4  
   
• HB 1670 (Seitz), creating provisions relating to the COVID-19 vaccines        
  POSTPONED  
   
• HCS HB 1699 (Roberts), modifying and establishing provisions relating to domestic violence  
  Do Pass by a vote of 8 to 1  
   
• HB 1547 (Veit), modifying the offense of tampering with electronic monitoring equipment  
  Do Pass by a vote of 5 to 4  
   
• HCS HB 2246 (Copeland), establishing provisions relating to the release of a defendant          
  Do Pass by a vote of 9 to 0

Archived Video of Committee Hearing