Kraus: End of Session

By the numbers, we ended the 95^th General Assembly at 6 p.m. on May 14. We passed 74 House bills and 32 Senate bills in the 2010 session.  By tradition, representatives in the Missouri House engaged in the end-of-session paper-toss, clearing their desks of bills and amendments accumulated during the session.  Overall, I was disappointed that a number of important issues remained unaddressed.

As usually happens, the last week of session saw a number of bills bounce back and forth between the Senate and the House with some being Truly Agreed To and Finally Passed and sent on to the governor's desk for his action.  In this issue, I'm providing a brief overview of some of those bills. In future reports and after it is signed into law, I will provide more information about the final bill.

Legislature Approves Bill to Ensure Prompt Tax Returns

Last year, my office received several complaints from individuals that the state was taking inordinately long to return their tax refunds.  The state currently has 120 days to return a refund to the taxpayer without paying interest.

This year, the Missouri House did something about these complaints, through HB 1408 and 1514, by shortening the wait time to 90 days or the state would be required to pay interest.  The 90-day clock would start on April 15, or if filed late, from date of the postmark of the tax forms.  The House approved the bill by a vote of 147-0.

Sale of Synthetic Marijuana Drug "K2"

The General Assembly passed legislation, HB 1472, that would add a type of synthetic marijuana, commonly known as K2, to the state's list of controlled substances. Under the bill, possession of 35 grams or more of K2 would be a felony offense. Possession of lesser amounts would be a misdemeanor.

The synthetic cannabinoids contained in K2 are very closely related to tetrahydrocannabinol, or THC, the chemical in marijuana. However, because the chemicals in K2 are slightly different than THC, they are not covered by existing drug laws. Currently, Missourians of any age can buy K2, packaged as "potpourri" at many stores that sell tobacco products.  The House approved the bill by a vote of 140-7.

General Assembly Approves Legislation Regulating Sexually Oriented Businesses

The Missouri House gave final approval to legislation that would enact new regulations for sexually oriented businesses. The bill would require these types of businesses to be at least 1,000 feet from schools, churches, public parks and day care facilities, and place restrictions on nudity, hours of operation, alcohol sales and employees' proximity to patrons.

SBs 586 & 617 would bar nude activity and restrict semi-nude activity within sexually oriented businesses. It would also ban the use, sale or consumption of alcohol within such businesses. In addition, the legislation would prohibit adult establishments from operating between the hours of midnight and 6 a.m., and bar anyone younger than 18 from being on the premises at any time.

By passing this bill, the General Assembly hopes to mitigate the negative secondary effects of these businesses, which can include increased crime rates, decreased property values, a decrease in annual income of businesses in the vicinity, increased property insurance rates, negatively altered living habits of nearby residents, and an increase of communicable diseases.  The House approved the bill by a vote of 118-28.

Stiffer Penalties for Drunken Drivers Proposed

Last Thursday, the Missouri General Assembly passed legislation, HB 1695, 1742 & 1674, that would create stronger penalties for DWI offenders.

The bill would require drivers with blood-alcohol levels of at least 0.15 percent to spend 48 hours in jail, and those with at least 0.2 percent to spend at least five days in jail, unless they complete the requirements of a DWI court or docket. In addition, the bill would allow any circuit court to set up a DWI docket for repeat offenders or those whose blood-alcohol content exceeded 0.15 percent. Several Missouri courts already offer DWI Courts, which allow repeat DWI offenders to avoid jail time while receiving treatment for alcohol abuse.

This bill seeks to balance increased treatment for first time offenders with stiffer penalties for repeat offenders who may have chronic and more dangerous drinking problems.  Because it may also divert individuals out of the prison system and into treatment, it isn't expected to increase costs to the states.  The House approved the bill by a vote of 152-0.

Missouri House Passes Bill Creating Statewide Vote on Health Care

The General Assembly passed HB 1764, a bill that would put the issue of federally-funded health care on the ballot for Missourians.

The referendum, if passed by a vote of the people, prohibits persons, employers, or health care providers from being compelled to participate in any recently passed health care system- most notably federal legislation recently passed in the U.S. Congress. Instead of going to the governor for signature, the legislation will go straight to the voters to decide on August 3.

I am 100 percent for this bill.  It is the right thing to do to allow our citizens, by their own vote, to give their opinion on federal mandates and government intrusion in our personal health care decisions.  The bill is Missouri's response to the recent passage of federal health control, and I am very happy that we acted to let Missourians have a voice.

If passed, it would not prohibit citizens from participating in the recently passed federal health care programs if they so wished.  The House approved the bill by a vote of 108-47.

With the ending of the 2010 Legislative Session, the Capitol Report will be issued about twice a month. During this time, if you have an event that you would like me to attend or speak at, please contact my office at 1 (573) 751-1459 or e-mail at will{dot}kraus{at}house{dot}mo{dot}gov.