Legislative Update - March 5, 2021
This legislative week (3/1/ – 3/5) began with the last day for bill filing in the Missouri House or Senate (March 1). In the House, 1,460 bills and 64 joint resolutions have been introduced. Senators have filed 630 bills and 29 joint resolutions. Twenty of the House bills filed are appropriations bills, which constitute the state’s operating budget. This should be more enough to keep both chambers busy until Friday, May 14, 20201, which will be the last day for floor action on bills.
BAR-ENDORSED LEGISLATION
This week, Senator Steven Roberts (D – St. Louis) introduced SB 591, relating to alternative dispute resolution processes. It is a companion to HB 953, introduced by Rep. Louis Riggs (R – Hannibal).
On Monday, March 8, 2021, Senator Tony Luetkemeyer (R – Parkville) will present SB 338, relating to trusts, to the Senate Judiciary and Civil and Criminal Jurisprudence Committee.
SENATE
Status Update on Senate Bills Reported in Prior Legislative Updates
SB 7 – Sen. Jeanie Riddle (R – Mokane)
3/4/2021 - Informal Calendar Senate Bills for Perfection
SS#2 SCS SBs 51 & 42 – Sen. Tony Luetkemeyer (R – Parkville)
2/23/21 - Passed the Senate
3/2/21 - Referred to the House Special Committee on Litigation Reform
SB 52 – Sen. Tony Luetkemeyer (R – Parkville)
1/25/2021 - Voted Do Pass Judiciary and Civil and Criminal Jurisprudence Committee
SB 179 – Sen. Tony Luetkemeyer (R – Parkville)
3/4/2021 - Formal Calendar Senate Bills for Perfection
SCS SBs 53 & 60 – Sen. Tony Luetkemeyer (R – Parkville)
3/4/2021 – Formal Calendar Senate Bills for Perfection
SCS SB 66 – Sen. Rick Brattin (R – Cass County)
2/1/2021 - Voted Do Pass Judiciary and Civil and Criminal Jurisprudence Committee
SCS SB 129 – Sen. Tony Luetkemeyer (R – Parkville)
2/8/2021 - Voted Do Pass Judiciary and Civil and Criminal Jurisprudence Committee
SB 212 – Sen. Bill White (R – Joplin)
3/4/2021 – Formal Calendar Senate Bills for Perfection
SB 171 – Sen. Bill White (R – Joplin)
2/22/2021 - Voted Do Pass Judiciary and Civil and Criminal Jurisprudence Committee
SB 327 – Sen. Andrew Koenig (R – Manchester)
3/4/2021 - Formal Calendar Senate Bills for Perfection
SB 3 – Sen. Dan Hegeman (R – Cosby)
3/4/2021 - Formal Calendar Senate Bills for Perfection
SB 199 – Senator Bill Eigel (R – Weldon Spring)
2/24/2021 – Hearing Conducted Seniors, Families, Veterans & Military Affairs Committee
SB 305 – Senator Steven Roberts (D – St. Louis City)
2/24/2021 – Hearing Conducted Seniors, Families, Veterans & Military Affairs Committee
SCS SB 237 – Sen. Lincoln Hough (R – Springfield)
3/3/2021 - Voted Do Pass Senate Local Government and Elections Committee
SENATE COMMITTEE ACTION
The Senate Judiciary and Civil and Criminal Jurisprudence Committee met on March 1, 2021, and held public hearings on the following bills:
SB 169 – Senator Eric Burlison (R – Battlefield)
SB 169 would amend chapter 196, RSMo, to provide that a food or merchandise container would not be deemed to be made, formed, or filled as to be misleading, misbranded, or unfairly marketed if the container were filled to less than its capacity for reasons including protection of the contents of the package, reasonable industry standards for enclosing the contents in the package, product settling, the package performing a specific function, where a reusable container is part of the presentation of the food, or the inability to increase the level of fill or reduce the size of the package.
TESTIFYING IN SUPPORT OF
Jorgen Schlemeier (American Tort Reform Association)
Doug Nelson (U.S. Chamber of Commerce)
Matthew Panik (Missouri Chamber of Commerce and Industry)
Rich Aubuchon (Missouri Justice Reform Coalition
Bill Gamble (Missouri Beverage Association)
Electronic Witness Appearance Forms in Support of
Heath Clarkston (United States Chamber of Commerce
Ray McCarty (Associated Industries of Missouri)
Matt Morrow (Springfield Area Chamber of Commerce)
David Overfelt (Missouri Grocers Association; Missouri Retailers Association)
John Hewitt (Consumer Brands Association)
Arnie Dienoff
TESTIFYING IN OPPOSITION TO
None
SB 295 – Senator Sandy Crawford (R – Buffalo)
SB 295 would amend chapter 436, RSMo, to create the "Missouri Statutory Thresholds for Settlements Involving Minors Act". It would allow persons having legal custody over a minor to enter into settlement agreements with a person or entity against whom the minor has a claim if
(1) A conservator or guardian ad litem had not been appointed for the minor;
(2) The total amount of the claim, not including reimbursement of medical expenses, liens, reasonable attorneys' fees and costs, were $25,000 or less if paid in cash or by purchasing an annuity premium;
(3) The moneys paid pursuant to the settlement
a) were deposited into a federally insured savings account that earns interest in the sole name of the minor,
b) were paid by direct payment to an annuity provider with the minor as the sole beneficiary, or
c) were paid into a trust account or trust subaccount established by the DSS Children's Division for minors in state custody.
The moneys in the minor's account or subaccount could not be withdrawn, removed, paid out, or transferred to any person, including the minor, unless pursuant to court order, the minor attains 18 years of age, or upon the minor's death; and
(4) The person entering into the settlement agreement completes an affidavit or statement attesting that the person has made a reasonable inquiry and that the minor will be fully compensated by the settlement, or that there is no practical way to obtain additional amounts from the person or entity.
The signature of the person entering into the settlement agreement on behalf of the minor is
(1) binding on the minor without the need for further court approval or review, and
(2) has the same force and effect as if the minor were a competent adult entering into the agreement.
Persons acting in good faith in entering into a settlement agreement on behalf of a minor would not be liable to the minor for the moneys paid in the settlement or for any other claims arising out of the settlement of the claim. Additionally, persons or entities against whom a minor had a claim that settles the claim with the minor in good faith would not be liable to the minor for any claims arising from the settlement of the claim.
TESTIFYING IN SUPPORT OF
Michael Henderson (Missouri Insurance Coalition) stated the current system is inefficient. Things could be handled by affidavit rather than having to go through courts.
Blake Heath (Missouri Association of Trail Attorneys) indicated the bill is trying to address situations dealing with lesser recovery, without having to go through court.
Brian Bernskoetter (Missouri Organization of Defense Lawyers)
Rich Aubuchon (American Property Casualty Insurance Association)
Electronic Witness Appearance Form in Support of
Arnie Dienoff
TESTIFYING IN OPPOSITION TO
None
The Committee took action on the following bills in executive session:
SB 130 – Senator Tony Luetkemeyer (R – Parkville) Do pass by a vote of 4 to 1
SB 343 – Senator Justin Brown (R – Rolla) Do pass by a vote of 4 to 1
The Senate Committee on Ways and Means met March 4, 2021, and in executive session took action on the following bills:
HCS HB 429 – Rep. Hannah Kelly (R – Mountain Grove) Do Pass by a vote of 4 to 1
HCS HB 430 – Rep. Hannah Kelly (R – Mountain Grove) Do Pass by a vote of 5 to 0
The Senate Committee on Appropriations met March 3, 2021, and heard the Judiciary’s proposed budget, including requests for additional funding. It also met on March 4, 2021, to hear the proposed budget submitted by the Missouri State Public Defender. State Public Defender Director Mary Fox highlighted the need for additional funding to eliminate wait lists. In a recent order, Circuit Court Judge Judge William Hickle found the lists to be unconstitutional, but stayed the decision until July 1, 2021, to afford time for a legislative remdy.
HOUSE COMMITTEE ACTION
The House Committee on Crime Prevention met March 1, 2021, and held public hearings on the following bills:
HB 1088 – Rep. Barry Hovis (R – Cape Girardeau)
HB 1088 would amend chapter 590, RSM, to create a new section 590.1255 to establish the “Task Force on Multijurisdictional Data Sharing,” which would explore secure and efficient methods for sharing data with law enforcement agencies in multiple jurisdictions. The Task Force is to advance recommendations for developing and implementing an effective mechanism for statewide data sharing.
TESTIFYING IN SUPPORT OF
None
Electronic Witness Appearance Forms in Support of
Arnie Dienoff
Tiffany Marler (Nomoretears21:4; Special Forces of Liberty)
TESTIFYING IN OPPOSITION TO
None
HB 313 – Rep. Bob Bromley (R – Carl Junction)
HB 313 would amend chapter 577, RSMo, adding a new section 577.011 to require a person who had pled or been found guilty of driving while intoxicated to complete a victim impact program approved by the court, except for good cause shown, and would make him or her responsible for any monetary charges imposed by the program.
TESTIFYING IN SUPPORT OF
None
Electronic Witness Appearance Forms in Support of
Arnie Dienoff
Tiffany Marler (Nomoretears21:4; Special Forces of Liberty)
TESTIFYING IN OPPOSITION TO
None
The Committee took action on the following bills in executive session:
HB 427 – Rep. Raychel Proudie (D – Ferguson) Do pass by a vote of 8 to 0
HB 700 – Rep. Rusty Black (R – Chillicothe) Do pass by a vote of 8 to 0
HB 998 – Rep. Bruce DeGroot (R – Ellisville) Do pass by a vote of 8 to 0
HB 876 – Rep. Shamed Dogan (R – Ballwin) Do pass by a vote of 9 to 0
The House Public Safety Committee met March 2, 2021, and conducted public hearings on the following:
HB 553 – Rep. Ron Hicks (R – Dardenne Prairie)
HB 553 would amend chapter 285, RSMo, to specify that no employee of a political subdivision of this state, subject to exceptions, could be required to reside within a particular jurisdiction as a condition of employment.
TESTIFYING IN SUPPORT OF
Jorgen Schlemeier (Kansas City FOP) stated the bill would change an antiquated policy that requires a peace officer choose between his/her job and family. It would alleviate stress associated with living in a community where you have to enforce the law.
TESTIFYING IN OPPOSITION TO
Shannon Cooper (City of Kansas City & Greater Kansas City Chamber of Commerce) stated that employees should be bound by the rules adopted by an area whose taxpayers pay their salaries, and should be part of the fabric of their communities.
Electronic Witness Appearance Forms in Opposition to
Richard Sheets (Missouri Municipal League)
Arnie Dienoff
HB 1091 – Rep. Barry Hovis (R – Cape Girardeau)
HB 1091 would amend chapter 546, RSMo, to specify 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 the report on behalf of the organization, by testimony or otherwise. Nor would a person who submits a report of alleged criminal activity to a crime stoppers organization be required to produce any records, documentary evidence, opinions, or decisions related to the privileged communication, under subpoena. Any person arrested or charged with a criminal offense could petition the court for private inspection of the records of a privileged communication concerning himself or herself made to a crime stoppers organization. The petition would have to allege facts showing that the records would provide evidence favorable to the defendant and relevant to the issue of guilt or punishment. If the court determined that the person was entitled to any or all of the records, the court could order production and disclosure as it deemed appropriate.
TESTIFYING IN SUPPORT OF
No one
TESTIFYING IN OPPOSITION TO
No one
Electronic Witness Appearance Form in Opposition to
Arnie Dienoff
The Committee took the following actions in executive session:
HB 31 – Rep. Sara Walsh (R – Ashland) Do Pass by a vote of 10 to 0
HB 450 – Rep. Nate Tate (R – St. Clair) Do Pass by a vote of 10 to 0
Consent by a vote of 9 yes, 1 present
HCS for HB 484 and HB 559 Do Pass by a vote of to 10 to 0
HB 760 – Rep. Shane Roden (R – Cedar Hill) Do Pass by a vote of 10 to 0
HB 839 Rep. Ron Copeland (R – Salem) Do Pass by a vote of 10 to 0
Amendment offered to add lawyers, Rep. Schroer spoke against it; Amendment was withdrawn
HB 904 – Rep. Becky Ruth (R – Festus) Do Pass by a vote of 10 to 0
The House Special Committee on Litigation Reform met March 2, 2021, and held public hearings on the following bills:
HB 195 – Rep. Mark Ellebracht (D – Liberty)
HB 195 would amend chapter 407, RSMo, to specify that no claim for damages brought under unlawful merchandising practices statutes would be subject to arbitration unless both parties agreed to arbitration in a separate written agreement. The sponsor recognized the language is probably not sufficient to address the federal arbitration act, and likely will need to be improved.
TESTIFYING IN SUPPORT OF
No one
TESTIFYING IN OPPOSITION TO
No one
Electronic Witness Appearance Form in Opposition to
Arnie Dienoff
HB 343 Rep. Nick Schroer (R – O’Fallon)
HB 343 would amend sections 287.610,287.615 and 287.812. RSMo, to provide that all Division of Workers' Compensation administrative law judges would be subject to a defined term depending on the tier under which the judge was classified. Terms for those currently serving would be set based upon total months of service. Thereafter, the term of service would be six years, unless reappointed by the Division. Judges would be subject to a retention vote every four years from the date s/he was appointed. A judge who did not receive an affirmative majority vote for retention by the Administrative Law Judge Review Committee could have his or her appointment withdrawn immediately by the Director of the Division of Workers' Compensation. Also, the Division would set the salaries of administrative law judges, subject to appropriations.
TESTIFYING IN SUPPORT OF
Ben Terrell (Missouri Department of Labor and Industrial Relations) stated the oversight committee for ALJs had not been functioning. Though it is set to meet every two years, it has not met for four years. The retention vote on ALJs would be held two years prior to the end of their term.
Electronic Witness Appearance Form in Support of
Ray McCarty (Associated Industries of Missouri)
Arnie Dienoff
TESTIFYING IN OPPOSITION TO
Mark Moreland (Missouri Association of Trial Attorneys) stated Missouri has a system that works, where the ALJs are knowledgeable, well-qualified and understand the law. While they are not Article V judges, they substitute because people who are injured at work do not have a right to a jury trial. The ALJs are fair and impartial. This bill would put them under the purview of an executive department – a political entity – and make them division employees rather than fair and impartial judges.
Randy Scherr (Missouri Organization of Defense Lawyers) indicated the major concerns are term limits (with the associated loss of experience) and appointment by the director.
HB 347 – Rep. Rudy Veit (R – Wardsville)
HB 347 would amend chapter 510, RSMo, to create the “Uniform Interstate Depositions and Discovery Act.” It would provide procedures and processes for when a subpoena for discovery or deposition is submitted in Missouri by a foreign jurisdiction, which is defined as a state other than Missouri.
TESTIFYING IN SUPPORT OF
Kathy Harness (Uniform Law Commission)
Electronic Witness Appearance Forms in Support of
Kaitlin Wolff (Uniform Law Commission) (provided written testimony electronically)
Arnie Dienoff
TESTIFYING IN OPPOSITION TO
No one
The Committee took the following actions in executive session:
HB 148 – Rep. Bruce DeGroot (R – Ellisville) Do Pass by vote of 7 to 2
HB 363 – Rep. David Gregory (R – St. Louis County) Do Pass by vote of 6 to 3
HB 385 – Rep. Bruce DeGroot (R – Ellisville) Do Pass by vote of 6 to 3
The House Special Committee on Criminal Justice met on March 2, 2021, and conducted public hearings on the following:
HB 521 – Rep. Kevin Windham (D – Hillsdale)
HB 521 would amend section 304.155, RSMo, to provide that, when an individual is operating a motor vehicle and is arrested, s/he would have to arrange for the vehicle to be removed within 48 hours of the arrest, as opposed to “in a timely manner” as is currently required.
TESTIFYING IN SUPPORT OF
None
TESTIFYING IN OPPOSITION TO
None
Electronic Witness Appearance Form in Opposition to
Arnie Dienoff
HB 1142 – Rep. Michael Davis (R – Kansas City)
HB 1142 would amend chapter 217, RSMo, to prohibit the Department of Corrections from requiring the use of a specific landline telephone service for offenders on house arrest or in halfway houses. The bill also would prohibit halfway houses, that are in a working relationship with the Department, from imposing rules requiring that offenders use a specific provider of landline telephone service.
TESTIFYING IN SUPPORT OF
No one
Electronic Witness Appearance Form in Support of
Arnie Dienoff
TESTIFYING IN OPPOSITION TO
No one
TESTIFYING FOR INFORMATIONAL PURPOSES
Allen Albach (Missouri Department of Corrections) stated the Department requires land line services associated with the functionality of ankle monitors. He offered to gather and provide additional information for the committee.
During executive session, the Committee discussed whether it would accept remote testimony. The Chair recommended allowing it, with testimony limited to 5 minutes. The Chair moved to allow remote testimony on HBs 38, 460 and 750 next week, which motion carried.
The House Committee on Children and Families met March 3, 2021 and held public hearings on the following bills:
HB 33 – Rep. Suzie Pollock (R – Lebanon)
The hearing was postponed.
Rep. Shamed Dogan asked if the Committee could take virtual testimony on HB 33 because many in the audience had driven to testify in person but, because the hearing on the bill was delayed, they had no opportunity to do so. The Committee discussed the matter, and Chair Coleman committed to allow remote testimony on the bill and to do so in compliance with House rules.
HB 401 – Rep. Kerri Ingle (D – Lee’s Summit)
HB 401 would amend chapter 376, RSMo, adding a new section 376.1223 to require health insurance carriers to cover epinephrine auto-injectors (Epi-Pens) for children under 19 years old. Such coverage would not be subject to any deductible or co-payment limits.
TESTIFYING IN SUPPORT OF
Heidi Sutherland (Missouri State Medical Association) offered that it is important that kids have access to Epi-Pens to keep them safe because children often don’t know what allergens to stay away from.
Kendall Martinez
Henrio Thelemaque (Missouri Pharmacy Association) stated the per Pen cost without insurance is $300 to $1000. United Healthcare and Optum RX offer rebates at the pharmacy.
TESTIFYING IN OPPOSITION TO
Brandon Koch (Missouri Insurance Coalition) indicated the concern is the potential financial impact the bill, if adopted, could have on agreements.
The Committee took no action in executive session:
HB 673 – Rep. Mary Elizabeth Coleman (R – Arnold) Though noticed, action was postponed.
The House Judiciary Committee met on March 3, 2021, and held public hearings on the following:
HB 1242 – Rep. David Evans (R – West Plains)
HB 1242 would amend sections 211.181, 211.435, 211.438 and 211.439, RSMo. For the 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, s/he would not later be considered a child. Currently, no court would require a child to remain in the custody of the Division of Youth Services past its 18th birthday. This bill would allow a child to remain in such custody until its 19th birthday. The “Juvenile Justice Preservation Fund” that exists in the State Treasury would be revised such that a Juvenile Justice Preservation Fund established in each county's circuit court to implement and maintain the expansion of juvenile court jurisdiction to 18 years of age. The surcharge collected pursuant to section 211.435 would be payable to the county circuit court rather than to the State Treasury. Such funds currently held by the State Treasurer would revert to the circuit court's fund in the county of origination. Expenditures from the individual county juvenile justice funds would made at the discretion of the juvenile department for the circuit court Lastly, the bill specifies that new treatment services expanding services from 17 years of age to 18 would be administered by DSS’s Division of Youth Services and the Children's Division. The sponsor offered this would clarify “Raise the Age”, and would promote consistency across the circuits regarding interpretation of the appropriations clause.
TESTIFYING IN SUPPORT OF
Marcia Hazelhorst (Missouri Juvenile Justice Association) stated the organization is very supportive, particularly of the bill’s proposed attempt to provide the funding necessary to implement Raise the Age.
Mary Chant (Missouri Coalition of Children’s Agencies)
Locke Thompson for Missouri Association of Prosecuting Attorneys)
Tammy Walden (recently retired juvenile officer)
Tracy King (Cole County) expressed concerned about the inconsistencies across the state regarding how children are treated.
Justice Action Network (could not hear the name of the person expressing support)
Electronic Witness Appearance Form in Support of
Alex Kalen
Arnie Dienoff
Craig Stevenson (Kids Win Missouri)
Linda Meyer (Juvenile officer for the Fifth Circuit) (also provided written testimony)
Lori Stipp (Jackson County Family Court) (also provided written testimony)
TESTIFYING IN OPPOSITION TO
None
Electronic Witness Appearance Form in Opposition to
Amanda Sodomka (Juvenile Office, 23rd Judicial Circuit) (written testimony also)
HB299 – Rep. Wayne Wallingford (R – Cape Girardeau)
HB 299 would amend section 452.375, RSMo to add a rebuttable presumption when determining child custody arrangements that equal or approximately equal parenting time would be awarded to each parent because it has been deemed to be in the best interests of the child. This presumption could be rebutted by an agreement by the parents on all issues related to custody, or by a finding of the court that a pattern of domestic violence or abuse of the child has occurred. The General Assembly also would urge the court to enter a temporary parenting plan as soon as practicable in a manner to assure both parents participate in custody decisions and have frequent, continuing, and meaningful contact with their children.
TESTIFYING IN SUPPORT OF
Linda Reutzel stated that divorce doesn’t end a family, it just rearranges it. Equally shared parenting will benefit the child, the parents, the schools and communities.
Electronic Witness Appearance Form in Support of
Arnie Dienoff
Brandon Norman
Kaylley McKenna (also provided written testimony)
Kenneth Goins (also provided written testimony)
TESTIFYING IN OPPOSITION TO
None
TESTIFYING FOR INFORMATIONAL PURPOSES
Electronic Witness Appearance Forms for Informational Purposes
Jennifer Carter Dochler (Missouri Coalition Against Domestic and Sexual Violence) (also provided written testimony)
Jessica Kruse (State of Missouri Judicairy) ((also provided written testimony)
HB 1221 – Rep. Mary Elizabeth Coleman (R – Arnold)
HB 1221 would amend section 211.477, RSMo, and a number of sections in chapter 453, RSMo. In chapter 211, the age for “abandoned infant” would be changed to one year old (rather than three years old). The bill would clarify existing language to state that the time frame for consideration for willful, substantial, and continual neglect by the parent would be sixty days prior to a petition of termination of parental rights. Specified felonies identified in chapters 565, 567, and 568, RSMo, would be added to the current felony chapters for which – if a parent were found guilty and the victim were a child - the parent would lose parental rights. A child over age three would be considered abandoned if the parents had willfully, substantially, and continuously neglected to provide the child with necessary care and protection for a period of six months immediately prior to the filing of the petition for termination. A loss of parental rights also would result if a child had been in foster care for fifteen out of twenty-two months prior to the filing of the petition. Finally, the bill would assign numerous responsibilities for the adoption of children whose parent had had their parental rights terminated to the DSS Children’s Division.
TESTIFYING IN SUPPORT OF
No one
Electronic Witness Appearance Form in Support of
Arnie Dienoff
TESTIFYING IN OPPOSITION TO
None
Electronic Witness Appearance Form in Opposition to
John Pollock (National Coalition for a Civil Right to Counsel) (also provided extensive written testimony)
The Committee took the following actions in executive session:
HB 69 – Hardy Bollington (R – Poplar Bluff) Do Pass by a vote of 11 to 0
HCS HB 1123 & 1221 – Rep. Hannah Kelly (R – Mountain Grove) Do Pass by a vote of 8 to 1
HB 162 – Rep. Rudy Veit (R – Wardsville) Do Pass by a vote of 11 to 0
HB 218 – Rep. Ingrid Burnett (D – Kansas City) Do Pass by a vote of 11 to 0
HB 676 – Rep. Mary Elizabeth Coleman (R – Arnold) Do Pass by a vote of 11 to 0
Sponsor asked that it be consent Consent Do Pass by a vote of 11 to 0
HB 744 – Rep. Lane Roberts (R – Joplin) Do Pass by a vote of 11 to 0
HB 978 – Rep. Rodger Reedy (R – Windsor) Do Pass by a vote of 11 to 0