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Major Missouri bills awaiting governor’s action

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Gov. Mike Parson has a matter of days left to take action on a number of bills passed during the Missouri Legislature’s regular session. Here is a list of some of the key measures awaiting a decision by the governor:

Gov. Parson signing budget bills (Photo courtesy of his Flickr account)

Partial motorcycle helmet law repeal and Hyperloop
House Bill 1963 is a sweeping transportation bill that would include a partial repeal of the state’s motorcycle helmet law. Motorcycle drivers 26 years and older could go helmetless if they have their own health insurance. Under the plan sponsored by Representative Travis Fitzwater, R-Holts Summit, motorcycle passengers would still be required to wear a helmet. The measure would also let a state commission create a public-private partnership to build a Hyperloop tube travel system in Missouri, but would ban the use of eminent domain to build one.

Medical marijuana
Lawmakers passed changes to the state’s new medical marijuana industry. The FBI informed the state health department, which regulates the industry, that DHSS will not have access to its national fingerprint background check database. Representative Lane Roberts, R-Joplin, says his legislation would clear up that problem. Under House Bill 1896, the agency could also require fingerprints from medical marijuana business employees as part of the licensing or certification process. The measure would require department employees associated with licensing medical marijuana businesses to submit their fingerprints for criminal background checks. The bill would also ban medical marijuana edibles designed in the shape of a human, animal, or fruit, including realistic, artistic, caricature, or cartoon renderings. However, geometric shapes, including, but not limited to, circles, squares, rectangles, and triangles, are allowed.

Rape kit testing efforts
Sen. Andrew Koenig’s legislation would require Missouri hospitals to perform a forensic exam using an evidence kit upon the request and consent of a sexual assault victim. Senate Bill 569 would give hospitals access to virtual and in-person training on how to use the kits. It would also require the state to create a centralized place to store unreported rape kits and require those kits to be stored for at least five years.

Missouri has about 6,800 untested rape kits. State Attorney General Eric Schmitt’s office has shipped about 1,000 of those to a lab for testing and is working to get all of them tested.

Electronic monitoring within patient rooms of long-term healthcare centers
Under House Bill 1387, residents of long-term care centers in Missouri would be allowed to have covert and authorized electronic monitoring devices within their rooms. Facilities and any residents with such monitoring must post a visible sign indicating that rooms, including the room of the resident, are being monitored. The gadget must be owned and operated by the resident or the resident’s legal guardian. Representative Jim Murphy, R-St. Louis, is the bill sponsor.

No state taxes on federal stimulus payment
Sen. Tony Luetkemeyer, R-Parkville wants to prevent Missourians from being taxed by the state for their federal coronavirus stimulus payment. He says the money was already free of federal taxes, but was subject to state income taxes. Senate Bill 676 would also require county assessors to do a physical inspection of real estate prior to increasing a property’s assessment more than 15%.

Other bills already signed by the governor include:

Tort Reform
Senate Bill 591 puts new limits on punitive damages in liability lawsuits. The legislation allows juries to award punitive damages only when plaintiffs prove by clear and convincing evidence that defendants “intentionally harmed” someone without just cause or acted with “deliberate and flagrant disregard for the safety of others.” Sen. Bill White, R-Joplin, sponsored the Republican and business-friendly bill.

Crime megabill
Gov. Parson has signed into law sweeping changes aimed at cracking down on violent crime. Senate Bill 600 creates mandatory prison sentences for several violent crimes, and creates a new offense of vehicle hijacking. Sen. Tony Luetkemeyer’s bill defines street gangs and specifies that gang members could face a felony for being part of a gang.

Mail-in voting during pandemic
Current state law allows voters to mail in their election ballots for reasons like illness or travel. Under Senate Bill 631, sponsored by Sen. Dan Hegeman, R-Cosby, voters can say they are ill if they are 65 or older, live in a nursing or assisted home or have certain health conditions, including heart problems, asthma, or chronic lung disease.

Voters who cannot use one of the excuses can still mail in their ballot, but they are required to get their ballot notarized. The approach – to help prevent the spread of the coronavirus – would only be allowed during this year’s August and November statewide elections.

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Missouri Supreme Court rules Legislature unconstitutionally stripped Medicaid funding to Planned Parenthood

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The state Supreme Court has ruled today the Missouri Legislature violated the Constitution when lawmakers blocked Medicaid funding to Planned Parenthood. The Republican-controlled General Assembly’s budget writing tactic has defunded the organization more than $1 million since 2018. In the 6-1 high court decision, Judge Zel Fischer was the only one siding with the state in the case.

Missouri Supreme Court rules Legislature unconstitutionally stripped Medicaid funding to Planned Parenthood

During a December court hearing about the case, attorney Chuck Hatfield, who represented Planned Parenthood, said Republican lawmakers do not want to give funding to doctors affiliated with Planned Parenthood. He said the Legislature cannot pick and choose which Medicaid providers it is going to give the funding to.

Missouri Solicitor General D. John Sauer argued that lawmakers went by the book.

Planned Parenthood has 11 clinics in Missouri, but the St. Louis location is the only one that provides abortions. The locations offer other services to low-income Missourians, including birth control and cancer, diabetes, high blood pressure and cholesterol screenings.

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Missouri Capitol makeover expected to finish later this year

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A $45 million project to spruce up the Missouri Capitol is on track to finish in November or December. As the first major construction work of the building assembled in 1917, it is addressing deteriorating stonework on its facades, dome and drum, overall appearance and stabilizing the structure. Upon completion, the project will extend the life of the building and ensure the historic structure is properly preserved for decades to come.

Missouri Capitol in Jefferson City

The project includes two phases. The first phase began in 2016 to address the substructure of the building, including waterproofing and repairs to major leakage into the basement. It also refurbished the outside Capitol grand staircase, which is 30 feet wide and extends from ground level to the third floor.

The current phase is focused on the stonework and terraces. Project Manager Mike Qutami with the Office of Administration says most of the stone is in good shape but there are some problem spots being fixed.

“Basically, every square foot of that building was assessed and will receive some kind of treatment – that being repair of the stone, reshaping of the stone and definitely cleaning all the stone,” he says. “The south entrance – there was a huge chunk of stone, about 4,000 maybe 5,000 pounds that could have come down any time. Now throughout the building, there was some pieces that could have fallen from the upper part of the perimeter of the Capitol façade.”

The stone being used in the repair work is from Willard in southwest Missouri.

“The actual stone replacement was approximately 5% of the stone in the building,” he says. “And that total is approximately 4,565,000 pounds.”

Other repair work is at the structure’s north plaza where sidewalks and walkways have buckled. In addition, all the bronze monuments in the capital complex are being conserved. Chief among them is the statue that had been perched 260 feet high atop the capitol dome for 95 years. The sculpture of Ceres, the Roman goddess of agriculture, was lowered to the ground in 2018. She was shipped off to a Chicago spa for laser treatment to restore Ceres to her natural beauty.

In 2014, the Missouri Legislature approved bonding for the renovations.

State Supreme Court hears lawsuit about expanded absentee voting this year

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The state Supreme Court is considering a lawsuit designed to let all Missouri voters cast a vote by mail this year without a notarized signature. Under a bill signed into law this month by Gov. Mike Parson, Missouri voters can vote absentee during this year’s August and November elections only, but some are required to get a notary.

State Supreme Court hears lawsuit about expanded absentee voting this year

Those who have contracted or are at-risk of getting COVID-19 can cast an absentee ballot without notarization. All other voters can mail in their ballot without an excuse, but they must submit a notarized statement.

During oral arguments Tuesday, Sophia Lin Lakin, who is representing the NAACP, says requiring some voters to get a notary could put their health and the health of others at risk during the coronavirus pandemic.

“SB 631 still requires voters whom the Legislature did not deem at-risk for covid or those caring for others who may be at risk, to comply with the notary requirement in order to vote by mail,” she says.

Assistant Missouri Attorney General D. John Sauer fired back.

“A bad flu season does involve tens of thousands of deaths nationwide. But nobody has ever contended that fear of contracting or spreading the flu is a statutory ground to cast an absentee ballot in Missouri,” says Sauer.

Lakin says the state already allows voters to cast an absentee ballot without a notary for multiple reasons.

“The sky hasn’t fallen and there is no indication that it would so here either,” she says.

The NAACP appealed its case to the high court after Cole County Circuit Court Judge Jon Beetum dismissed the case in May. In Beetum’s decision, he said the group wants widespread absentee voting for all future elections regardless of whether COVID-19 is still around.

The court could rule at any time. Beginning June 23, local election officials are scheduled to send absentee ballots for the August primary election.

To view the arguments, click here.

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Missouri works to avoid K-12 funding decline from coronavirus inflicted attendance drop

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Some health experts predict a spike in coronavirus cases this fall – putting Missouri K-12 public schools in a potential funding dilemma. Missouri’s foundation formula – the system used to determine how much state aid to give to schools – is based on a combination of components, including student attendance figures and academic achievement.

Missouri works to avoid K-12 funding decline from coronavirus inflicted attendance drop

During Tuesday’s Missouri Board of Education meeting, members discussed how to avoid a drop in school funding as a result of possible coronavirus related attendance problems. President Charlie Shields, a former Missouri Senate president, thinks the state Legislature could be called back in September for a special session.

“So, should we ask the governor to put a couple things in play? One would be to figure out the attendance piece. We’ve got different scenarios for snow days and all kinds of other things, but nobody had one for COVID-19,” he says. “It would give us the flexibility to do something on attendance in terms of the formula. The other would be this issue if you withhold across the board, including hold harmless, during the emergency, that you don’t have to make that up somewhere throughout the rest of the fiscal year. Do we ask the governor to put that in his call for a special session to clarify those issues for us?”

The General Assembly returns each September to weigh whether to attempt an override of any vetoes the governor makes to bills passed during the regular session. A special session directly before or after a veto session is an efficient way to handle issues that some elected officials and stakeholders feel are urgent.

Deputy Commissioner Roger Dorson says state funding is given to schools on an annual basis. He indicates if the economy rebounds in a few months, then a potential legislative fix should take that scenario into consideration.

Commissioner Margie Vandeven says the health of students comes first – not perfect attendance.

“We will be asking parents to keep their children home if they are ill,” says Vandeven. “And we will be asking parents to keep their children home for symptoms that they may not have ever kept them home for in the past. So we expect to see a significant decline in attendance data, at the request of health officials and of school officials to say ‘Keep your children home.’ That’s one thing. The other thing we have never encountered before is, let’s suspect you have to quarantine an entire class, or an entire bus – just be thinking in terms of this could be 14 days. So, the way we’re trying to think about how to get this attendance waiver or whatever we need is to say ‘Should children stay home if they’re ill – yes. Should we stop talking about perfect attendance as the banner award for this year – yes.’”

Vandeven says the state must also figure out how to ensure that students can continue learning from home if they are quarantined.

Meanwhile, a new state statute requires Missouri K-12 public school districts to start 14 days prior to Labor Day or later, unless the state Board of Education waives the regulation. Some school districts have expressed an interest in starting the school calendar year earlier in the fall to beat an anticipated climb in coronavirus cases.

The board has given the education commissioner temporary power to let districts start earlier in August if they make the request and meet certain requirements. Local school boards must first hold a public hearing and explain how an exemption would benefit the students and reduce the spread of the coronavirus.

The following districts have asked to start earlier in August:

• East Newton Co. R-VI
• Lutie R-VI
• Weaubleau R-III
• Community R-VI
• Joplin Schools
• Hickory Co. R-I
• Tri-County R-VII
• Carthage R-IX

The Missouri Department of Elementary and Secondary Education is reviewing the requests.

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Parson signs plan expanding absentee voting during the coronavirus outbreak

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Gov. Mike Parson has signed into law a bill expanding mail-in voting during this year’s August and November elections only. Under Senate Bill 631, an absentee ballot will only be allowed for voters who request one.

Governor Mike Parson (file photo courtesy of Governor Parson’s office)

Voters who have contracted or are at-risk of getting COVID-19 can cast an absentee ballot without notarization. All other voters can mail in their ballot without an excuse, but they must submit a notarized statement saying they are who they say they are.

“Any Missourian affected by COVID-19 should still be able to vote, including those who are sick or considered at-risk,” Parson says in a written statement. “I applaud Senator Dan Hegeman, Representative Dan Shaul, and the rest of the legislature for taking this important step, which provides Missourians with a safe and secure way to vote while still safeguarding our elections and ballot process.”

Other provisions of the legislation include modifications to the following:
• Investigative powers for the Secretary of State
• Candidate filing fees
• Political activities by state employees
• Financial interest statements
• Secretary of State’s Technology Trust Fund
Ballots must be returned and received in an envelope postmarked by U.S. Mail by 7 p.m. on election day.

The Missouri House of Representatives gave final approval to the legislation with less than one hour to go on the final day of this year’s regular session.

To view SB 631, click here.

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Ashcroft on expanded mail-in voting: “It’s just not the most secure way to hold an election”

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The Missouri Legislature has adopted a bill that would allow more mail-in voting during this year’s August and November elections. Voters could cast an absentee ballot by saying they are ill if they are 65 or older, live in a nursing home or have certain health problems. All other voters could mail in their ballot without an excuse, but they must first get it notarized.

Missouri Secretary of State Jay Ashcroft (file photo courtesy of the Secretary of State’s office)

Secretary of State Jay Ashcroft says it’s appropriate during a state of emergency to make sure every voter can be safe, but expanded mail-in voting is not what he prefers.

“It’s just not the most secure way to hold an election,” he tells Missourinet affiliate KSSZ in Columbia. “The gold standard for elections is to have people in person go to their assigned polling place on Election Day.”

Ashcroft, a Republican, says he has security concerns with expanded mail-in voting, but he gets it during a state of emergency.

“I think it’s appropriate that we make sure that every voter in Missouri can vote safely,” he says.

Ashcroft says the likely spike in mail-in ballots for this year’s elections will make it tougher on local election officials. A two-person team, a Republican and a Democrat, checks to make sure each of those ballots is legit.

The bill is awaiting the governor’s consideration.

Brad Tregnago of KSSZ in Columbia contributed to this story

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Missouri Legislature adopts medical marijuana changes

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The Missouri Legislature has passed changes to the state’s new medical marijuana industry. The FBI informed the state health department, which licenses and regulates the medical marijuana industry, that the department will not have access to its national fingerprint background check database. Representative Lane Roberts, R-Joplin, says his legislation would clear up that problem.

Missouri Legislature adopts medical marijuana changes

“Because the department is not a law enforcement agency, the Bureau declines to share that information with them without legislative authority. This bill provides that authority,” says Roberts.

The bill would require Department of Health and Senior Services employees associated with licensing medical marijuana businesses to submit their fingerprints for criminal background checks. Representative Ron Hicks, R-Dardenne Prairie, says the department could also require fingerprints from medical marijuana business employees as part of the licensing or certification process.

“So what we need to do here is pass this piece of legislation so that we can get the correct background checks done to keep our industry that we have now clean, so that we can not only hire the correct employees, but to make sure that we have the correct employees handling this product,” says Hicks.

The bill, which is headed to the governor, would also ban medical marijuana edibles designed in the shape of a human, animal, or fruit, including realistic, artistic, caricature, or cartoon renderings. However, geometric shapes, including, but not limited to, circles, squares, rectangles, and triangles, shall be permitted.

 

Later this year, Missouri patients could start buying medical marijuana products.

The legislation is House Bill 1896.

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Key bills passed by the Missouri Legislature this coronavirus shortened session

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Another Missouri legislative session is in the books and it was like no other. Two things that stick out – lawmakers participated in the second regular session of the 100th General Assembly and they did their work while a global pandemic came knocking on Missouri’s door.

Lawmakers took an unexpected break for about four weeks during the height of the state’s coronavirus outbreak – making the chances of getting their priorities passed a steeper hill to climb this year. Since returning, much of the focus has been on passing a state budget for the fiscal year beginning in July.

The Missouri House’s paper toss tradition on the last day of the session (Photo courtesy of Tim Bommel, House Communications)

Here is a look at some of the top bills that made it across the finish line this session and await the wave of Gov. Mike Parson’s mighty pen to either sign or veto them.

Fiscal Year 2021 State Operating Budget
The $35.2 billion state budget banks on billions of dollars in federal funding making its way to Missouri’s bank account. If Washington’s help falls short, the state will have to shift cash around to balance the budget. Senate Appropriations Committee Chairman Dan Hegeman, R-Cosby, anticipates lawmakers to get called back in later this year to make some tweaks to the state’s financials.

Some of the highlights of the budget bills include:
*Slashing 134 unfilled state worker positions
*No state worker pay increase
*$3.5 billion in base funding for Missouri’s K-12 public schools (no increase)
*$95 million for school bus funding – a $13 million reduction over the current year
*$146 million to Missouri community colleges
*$41 million for the A+ college scholarship program (no increase)
*$66 million for the Access Missouri college scholarship program (no increase)
*$10 million for a future research complex in Columbia that could find cures like cancer
*$35 million to rural hospitals battling the coronavirus
*$30 million in potential federal money to small businesses
*$20 million of possible federal funding for meat processing plants to protect workers from the coronavirus
*$8 million for Amtrak services – a $1.1 million reduction over the current year
*$50 million into a transportation cost share program that matches up to 50% of the construction contract costs for selected public and private projects.
*$42 million for reimbursements to Missouri counties for jailing and transporting inmates who eventually go to state prison. Another $8 million would help to pay for the debt owed to counties for such unpaid bills.

Partial motorcycle helmet law repeal and Hyperloop
House Bill 1963 is a sweeping transportation bill that would include a partial repeal of the state’s motorcycle helmet law. Motorcycle drivers 26 years and older could go helmetless if they have their own health insurance. Under the plan sponsored by Representative Travis Fitzwater, R-Holts Summit, motorcycle passengers would still be required to wear a helmet. The measure would also let a state commission create a public-private partnership to build a Hyperloop tube travel system in Missouri, but would ban the use of eminent domain to build one.

Taking a bite out of crime
State lawmakers have adopted a crime bill. Features of Senate Bill 600 include creating a vehicle hijacking felony offense, defining street gangs and specifying that gang members could face a felony for being part of a gang. Under Sen. Tony Luetkemeyer’s bill, criminals found guilty of armed criminal action would also face much stiffer prison sentences, depending on how many times they’ve committed the crime.

No state taxes on federal stimulus payment
Sen. Tony Luetkemeyer, R-Parkville wants to prevent Missourians from being taxed by the state for their federal coronavirus stimulus payment. He says the money was already free of federal taxes, but was subject to state income taxes. Senate Bill 676 would also require county assessors to do a physical inspection of real estate prior to increasing a property’s assessment more than 15%.

Effort to allow mail-in voting during pandemic
Current state law allows voters to mail in their election ballots for reasons like illness or travel. Under Senate Bill 631, sponsored by Sen. Dan Hegeman, R-Cosby, voters can say they are ill if they are 65 or older, live in a nursing home or have certain health conditions, including heart problems, asthma, or chronic lung disease.

Voters who can’t use one of the excuses can still mail in their ballot, but they are required to get their ballot notarized. The approach – to help prevent the spread of the coronavirus – would only be allowed during this year’s August and November statewide elections.

Legislative redistricting
Missouri voters will get to decide in November if they should change a legislative redistricting process they passed in 2018. Senate Joint Resolution 38, sponsored by Sen. Dan Hegeman, R-Cosby, would let a bipartisan commission redraw districts, instead of Clean Missouri’s process of using a nonpartisan demographer. It would also ban lobbyist gifts, instead of Clean Missouri’s $5 limit, and put a $2,000 cap on Senate candidate political donations, instead of the current $2,500.

Medical marijuana
Lawmakers passed changes to the state’s new medical marijuana industry. The FBI informed the state health department, which regulates the industry, that DHSS will not have access to its national fingerprint background check database. Representative Lane Roberts, R-Joplin, says his legislation would clear up that problem. Under House Bill 1896, the agency could also require fingerprints from medical marijuana business employees as part of the licensing or certification process. The measure would require department employees associated with licensing medical marijuana businesses to submit their fingerprints for criminal background checks. The bill would also ban medical marijuana edibles designed in the shape of a human, animal, or fruit, including realistic, artistic, caricature, or cartoon renderings. However, geometric shapes, including, but not limited to, circles, squares, rectangles, and triangles, shall be permitted.

Tort Reform
The Missouri Legislature has passed new limits on punitive damages in liability lawsuits. The legislation, Senate Bill 591, would allow juries to award punitive damages only when plaintiffs prove by clear and convincing evidence that defendants “intentionally harmed” someone without just cause or acted with “deliberate and flagrant disregard for the safety of others.” Sen. Bill White, R-Joplin, sponsored the Republican and business-friendly bill.

Rape kit testing efforts
Sen. Andrew Koenig’s legislation would require Missouri hospitals to perform a forensic exam using an evidence kit upon the request and consent of a sexual assault victim. Senate Bill 569 would give hospitals access to virtual and in-person training on how to use the kits. It would also require the state to create a centralized place to store unreported rape kits and require those kits to be stored for at least five years.

Some of the key bills that died this session involve:
*Collecting sales taxes from e-commerce companies that do not have a physical presence in Missouri
*Creating a statewide prescription drug monitoring program
*Legalizing sports betting
*Putting restrictions on slot machines popping up in bars, restaurants and gas stations
*Expanding charter schools statewide

During the final day of the session, several lawmakers spent time giving their heartfelt wishes to their departing colleagues. Term limits will force some of the elected officials out of office after this year.

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Missouri Legislature sends “Clean Missouri” redistricting changes back to the ballot in November

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The Missouri Legislature has passed today a controversial resolution that would ask voters this November to overturn Clean Missouri’s redistricting process passed by voters in 2018. The plan would let a bipartisan commission redraw legislative districts, instead of a nonpartisan demographer. It would also ban lobbyist gifts, instead of Clean Missouri’s $5 limit, and put a $2,000 cap on Senate candidate political donations, instead of the current $2,500.

Rep. Dean Plocher (Photo courtesy of Tim Bommel, House Communications)

During Missouri House debate today, bill handler Dean Plocher, R-Des Peres, says Clean Missouri prioritized the interests of billionaires in New York and Texas.

“It was all out of state money that funded Amendment One. Why? Where was the Missouri money? This is Missourians we’re voting on here. Our communities matter,” says Plocher.

Some Democrats say the proposed constitutional amendment could leave out certain segments of the population, including minors and noncitizens. Representative Peter Merideth, D-St. Louis, says the measure would let politicians get back to manipulating the boundaries of their districts.

“I dare you to look at a map where one district wraps around another district, where one member of our body has to drive through three other people’s districts to get to his polling place from his house. I dare you to say that those are not gerrymandered maps,” says Merideth.

Rep. Phil Christofanelli (Photo courtesy of Tim Bommel, House Communications)

Represenative Phil Christofanelli, R-St. Peters, fired back.

“Which judge gerrymandered the maps?” asks Christofanelli.

“I don’t know, gentleman. But I can tell you they are gerrymandered,” replies Merideth.

“That’s right you don’t know because you made it up,” says Christofanelli. “The Democrats made this up and they have been lying about this from the beginning.”

“Gerrymandering doesn’t exist, gentleman? That’s a powerful statement,” says Merideth.

“The maps have not been gerrymandered. It was a scam,” says Christofanelli.

Rep. Peter Merideth (Photo courtesy of Tim Bommel, House Communications)

Earlier this week, Missouri House Rules Committee Chairman Rocky Miller, R- Lake Ozark, voted in favor of the resolution but made his own prediction.

“This is going to go down in flames if it makes it to the ballot. Flames. This will not pass at all,” said Miller. This will be as bad as right-to-work. This will be three strikes in a row against the GOP. So, if they want three strikes in a row – pass this. We’ll see how it goes.”

In 2017, the Missouri Legislature passed a right-to-work law, which would ban mandatory union fees in the workplace. The next year, Missouri voters overwhelmingly shot down the law.

Miller also said the Missouri GOP Party told him the proposal has errors that need correcting, but he did not elaborate.

Fourteen House Republicans voted with Democrats against the proposal.

The measure is Senate Joint Resolution 38.

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