Pictured above, Lawson resident Bob Lammers' brother, Monsignor Donald W. Lammers led the House in prayer for many years before retiring last week.
Below is a report by House Communications on the last week of session.
2010 Legislative Session Concludes
With the bang of the Speaker's gavel, the 2nd Regular Session of the 95th General Assembly came to a close at 6 p.m. Friday. Members of the Missouri House engaged in the traditional paper-toss, clearing their desks of documents accumulated during a session that resulted in the passage of 74 House bills and 32 Senate bills.
After the papers settled, legislative leaders met with the press to discuss some of the priority legislation approved by the House and Senate. Bills now on their way to the governor's desk to be signed into law address issues such as ethics reform, insurance coverage for autism, strengthened DWI penalties, new regulations for sexually oriented businesses and additional informed consents requirements for abortion.
Ethics Reform Package Receives Final Approval
On the final day of the legislative session, the Missouri House gave final approval to an ethics reform package designed to increase transparency and accountability in the political process. The House approved SB 844, handled in the House by Rep. Tim Jones, R-Eureka, by a vote of 153-5.
"This is one of the most aggressive ethics packages in this country and it will make a difference. It will make government more transparent. It will make campaign finance more transparent. It will make us more accountable. And it will make the citizens of our districts more proud of the work we do up here in a fine and transparent fashion," said Jones.
One provision of the bill would address the issue of political money laundering by restricting committee-to-committee transfers of campaign donations. SB 844 would limit the number of political committees and make it a crime to transfer committee funds with the intent to conceal the source of the original funds. Rep. Tim Flook, R-Liberty called the provision one of the most important in the bill.
"With this bill, we're eliminating as many as, I've heard by one estimate, almost 700 political committees that were used to transfer donations, that were used to launder money in some cases, hiding donations in other cases," Flook said. "Those committees going away is a major, major change in our state and I think that puts Missouri on the cutting edge of ideas for ethics reform. The public deserves to know who you receive support from."
The bill also gives the additional authority to the Missouri Ethics Commission to launch investigations. Under current law, the commission can act only after receiving a complaint. SB 844 would allow the commission to launch an investigation after a unanimous vote of all six commission members. The bill would also create the crime of obstructing an ethics investigation.
In addition, the bill would require that campaign contributions made during a legislative session in excess of $500 be reported within 48 hours. The bill would also make it a crime for an elected official to offer a job to a lawmaker in exchange for votes. SB 844 would also create new crimes for lobbyists who do not properly report how much they spend on meals and gifts for state officials.
While the legislation received strong bipartisan support, some members said the bill represents only the first step of many toward true ethics reform.
"I think that we have begun the conversation about ethics reform. I look forward to being back next year and in the interim to make sure we can improve upon this, but I think it would be a huge mistake to call it comprehensive," said Rep. Jason Kander, D-Kansas City. "On the other hand, I think that we have done something to improve the law. I am proud of that and I look forward to immediately after taking this vote, getting to work with everybody else on accomplishing true, comprehensive ethics reform."
The bill now moves to the governor's desk to be signed into law.
General Assembly Approves Bill to Enact Stiffer Penalties for Drunken Drivers
The Missouri General Assembly passed legislation Thursday that would create stronger penalties for DWI offenders. HB 1695, 1742 & 1674 is sponsored by Rep. Bryan Stevenson, R-Webb City, who said the bill contains a wide range of provisions dealing with drunken driving offenses.
"This bill overall is a good balance between increased treatment for first time offenders that find themselves in an unusual situation ….and increased stiffer penalties for individuals with a chronic drinking problem who have a real addiction issue," Stevenson said. "It's going to cost very little because we are going to divert some individuals out of the prison system, and the number of people not sitting in prison will be in treatment and on continuous alcohol monitoring," Rep. Stevenson said.
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.
The bill would also require state courts to handle any DWI case involving a defendant with at least two alcohol-related contacts with authorities, require police and prosecutors to adopt policies for reporting information on DWI offenses to a central databank, increase the minimum jail time for previous DWI offenders from five to 10 days and increase the minimum jail time for a persistent offender to 30 days.
Rep. John Burnett, D-Kansas City, was satisfied with the final version of the bill. "I think this will be the first DWI bill I've voted for since I've been here," Burnett said to Stevenson. "I think that you have struck a great balance with this bill. I've been a great critic of increasing penalties and thinking that penalties alone will deter drunk driving and make our highways safe. This bill does increase penalties, but it also focuses on the treatment aspects and I wanted to thank you publicly for that."
However, Rep. Jeff Roorda, D-Barnhart had mixed feelings about the legislation, which had several provisions removed when it was approved by the Senate. "If mixed drinks were as watered down as this bill, we'd have a lot less drunks on the street," said Roorda, a former police officer. "This is a little bittersweet because we've fallen a little short of our wide-eyed imaginings, but let's cut to the positive. There is expansion to DWI courts. There are controls over these third time convictions of DWIs in the courts, so there is some good stuff in this bill."
The House approved the bill by a vote of 152-0. The bill now moves to the governor's desk to be signed into law.
General Assembly Approves Legislation to Provide Coverage to Children with Autism Spectrum Disorders
State-regulated group insurance policies would have to provide coverage for children with autism spectrum disorders under legislation approved by the Missouri General Assembly Wednesday. Rep. Dwight Scharnhorst, R-St. Louis, sponsors HB 1311 & 1341, which was passed through the House with a vote of 144-16 and through the Senate by a vote of 27-6
HB 1311 & 1341 would require group insurance policies to provide coverage for applied behavioral analysis services (ABA) for autistic children age 18 and younger. The coverage would have an annual cap of $40,000 and would be adjusted each year for inflation.
The bill went through several compromises in conferences with the Senate, including the age limit and caps on coverage, which were changed from the initial bills in both chambers.
"(The bill) is what I would consider a comprehensive bill that the legislature, the governor and all of us here in Missouri should be very proud that we have stepped forward to address this issue." Scharnhorst said.
Rep. Jason Grill, D-Kansas City, who sponsored HB 1341, expressed his appreciation on the passage of the bill. "This is a monumental day for Missourians. We are going to get a vote that we wanted on this bill," said Grill. "Many families that are listening right now, this is a big day for them. I have learned so much about this horrible illness, and hopefully in the future we can find ways to fix this through this therapy."
Some legislators worried an insurance mandate would place an undue burden on small businesses. Scharnhorst said he typically opposes mandates but felt the issue of autism merits a different approach. "I was a small business owner for many years…and it was never my intent to create a negative impact on employers. If this mandate increased employers rates by more than 2.5 percent, it would allow them to opt out of the coverage," said Scharnhorst. Scharnhorst has previously cited studies showing an autism mandate would raise premiums by less than one percent.
The bill would also establish a state Behavior Analyst Advisory Board under the State Committee of Psychologists within the Division of Professional Registration. The new board would be charged with establishing and overseeing licensure and registration requirements for behavior analysts and assistant behavior analysts who provide therapies for children with autism spectrum disorders.
The provisions of HB 1311 & 1341 would apply primarily to Missourians receiving health insurance from small- and medium-sized employers. Missourians with individual insurance policies would not be mandated to obtain a policy with autism coverage, but would have the option to do so. Large employers who insure themselves fall under federal regulation.
The bill now awaits the governor's signature.
General Assembly Sends Bill Banning Sale of Synthetic Marijuana Drug "K2"
The General Assembly passed legislation Thursday that would add a type of synthetic marijuana to the state's list of controlled substances. Rep. Ward Franz, R-West Plains, sponsors HB 1472 to prohibit the substance, commonly known as K2, in the state of Missouri.
"I think it's important to get it off the shelves to protect our children," Franz said.
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.
HB 1472 would add the synthetic cannabinoids used in K2 to the Schedule I list of controlled substances. Schedule I drugs include substances such as heroin and marijuana. Under the bill, possession of 35 grams or more of K2 would be a felony offense. Possession of lesser amounts would be a misdemeanor.
House members also considered adopting emergency clause on the bill, which would make the legislation into law immediately upon the governor's signature.
"This applies to getting this off the street quickly," Rep. Franz said. "We felt that we better not wait until the end of August to take a chance on how this could affect somebody's life."
Rep. Jake Zimmerman, D-Olivette, opposed the emergency clause. "I think it's a bad, bad idea to declare new crimes and put emergency clauses on them," Zimmerman said. "As much as I support the bill, I think it's appropriate that we give the law-abiding public of our state an opportunity to know what will be illegal in advance of it becoming illegal."
The House voted to defeat the emergency clause, but passed HB 1472 by a vote of 140-7. The legislation now goes to the governor's desk to be signed into law.
Missouri General Assembly Approves Legislation to Strengthen Informed Consent Requirements
The Missouri House gave final approval Friday to legislation that would strengthen the state's informed consent requirements to obtain an abortion. The House passed the SB 793, handled by Speaker Pro Tem Bryan Pratt, R-Blue Springs, by a vote of 114-39.
The bill would expand current law, which requires that a woman seeking an abortion be told of the physical and psychological risks of the procedure 24 hours prior to the abortion being performed. SB 793 would require that a woman seeking an abortion be given the opportunity to view an ultrasound image and listen to the heartbeat of the fetus. The bill would also require the consultation be done in person instead of over the phone. In addition, the legislation requires that women receive a description of the "anatomical and physiological characteristics of the unborn child. It would also require abortion providers to supply a brochure produced by the state that proclaims: "The life of each human being begins at conception. Abortion will terminate the life of a separate, unique, living human being."
Pratt said the bill is meant to provide additional information to a woman seeking an abortion with the intent of persuading her to change her mind about undergoing the procedure. "With this bill, I think we can go in and make clear and make sure that if an abortion is done in the state of Missouri, that a woman will give proper informed consent," said Pratt. "If given all the medically accurate information, it's my belief that more women will choose not to have an abortion."
Rep. Beth Low, D-Kansas City, opposed the bill and challenged supporters of the legislation to propose a ban on abortion. "If the members of the pro-life majority were serious about ending abortion, we wouldn't see Senate Bill 793. We'd see a Senate Bill or a House Bill that actually outlawed abortion," said Low. "Instead we see cute little bills like this one every year aimed at the most vulnerable people in an incredibly vulnerable time."
SB 793 would also prohibit insurance coverage for abortions under policies offered through any health insurance exchanges, such as those located in the federal health care legislation. In addition, no health insurance exchange operating within Missouri would be allowed to offer coverage for elective abortions through the purchase of an optional rider.
The bill now moves to the governor's desk.
General Assembly Approves Legislation Regulating Sexually Oriented Businesses
The Missouri House gave final approval Thursday to legislation that would enact new regulations for sexually oriented businesses. The House passed SB 586 and 618, handled by Rep. Ed Emery, R-Lamar, by a vote of 118-28.
The bill would require sexually oriented businesses to be at least 1,000 feet from schools, churches, public parks and daycares, and place restrictions on nudity, hours of operation, alcohol sales and employees' proximity to patrons.
Emery spoke on the "negative secondary effects" of these businesses, which he said can include increased crime rates, decreased property values, a decrease in annual income of businesses in the sexually-oriented business vicinity, increased property insurance rates, negatively altered lifestyles of residents' living habits in the vicinity of a sexually-oriented business and the increase of communicable diseases.
"This sets in place serious, significant protections to try to minimize negative secondary effects on communities," Emery said. "We know that this is a widespread issue, and I believe that this bill will seriously control those, and benefit families in Missouri."
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.
One provision of the bill says an employee can be charged with a misdemeanor for violating certain portions of the bill. Any business repeatedly in violation of the provision would constitute a public nuisance and would be subject to civil abatement proceedings.
Some representatives were not in favor of this portion of the bill. "Whether or not we agree on this bill, it's just not right to hold employees responsible or liable for the behavior of their customers," Rep. Mike Colona, D-St. Louis, said. "If your boss doesn't properly train you, under this bill, you are going to be criminally liable, and that's just not fair."
Those in opposition to the bill felt that counties and municipalities should have local control over these businesses. Rep. John Burnett, D-Kansas City, inquired of Rep. Bryan Stevenson, R-Webb City, about the issue. "I've heard you all say quite loudly that if you are not in favor of this bill, you're in favor of pornography, and it seems to me that the real issue here is that your county won't take local control over this issue. If we are going to impose rules…we should not paint this with such a broad brush. Local control should be allowed. Local people should make local decisions."
The bill now moves to the governor's desk to be signed into law.
Missouri House Passes Bill Creating Statewide Vote on Health Care
The General Assembly passed HB 1764 Tuesday, a bill that would put the issue of federally-funded health care on the ballot for Missourians in August.
Rep. John Diehl, R-Town and Country, sponsors the bill, which originally dealt only with the dissolution of domestic health care insurance companies. However, provisions were added to prohibit persons, employers, or health care providers from being compelled to participate in any health care system. Originally, the health care provision was proposed as a constitutional amendment, but the Senate opted instead to present the issue as a state-wide referendum. This way, the legislation will bypass Gov. Nixon's desk and go straight to the voters to decide on August 3rd.
Diehl said his constituents strongly oppose federal health care. "The residents of this state overwhelmingly reject what you and I have begun calling this Obamination of a bill, which is the federal health insurance bill," Diehl said in conversation with Rep. Tim Jones, R-Eureka, on the House floor. "It's just something I think is on everybody's mind, and they want the ability and the tools to be able to fight back on this."
Rep. Jones agreed, and hoped the referendum would allow citizens express their feelings about the federal legislation. "We're at the end of a long and arduous road, and this will give the people of Missouri the final say on this matter," Jones said. "The politicians here in this body are simply providing the vehicle."
Rep. John Burnett, D-Kansas City, objected to the fact that the health care issue would be paired with the dissolution of insurance companies on the ballot. "I don't question the Senators that have this sense of humor," Burnett said. "But, the joke is that they've taken a bill that is a very, very, very dense bill about the liquidation of domestic insurance companies, how we finalize business and insurance companies, and tied that to a political attack on our national health care system."
House Minority Leader Rep. Paul LeVota, D-Independence, opposed the bill. "This is a heck of a lot better than trying to change our constitution, because that would have been just a complete disaster," Rep. LeVota said. "This clearly is just simply an election year stunt."
The House approved HB 1764 by a vote of 108-47. The issue now goes to the voters for approval on August 3rd.
House Sends Access Missouri Bill to Governor Nixon's Desk
State legislators finished work on SB 733 Wednesday, which would make significant changes to state-funded scholarships for higher education. The legislation would affect both the Access Missouri and Bright Flight scholarship programs.
Rep. Gayle Kingery, R-Poplar Bluff, handled the bill in the House. On the floor, he mentioned portions of the House's version of the bill that the Senate opted to leave out. One of these was the proposal to lower the GPA requirement for the Access Missouri scholarship from 2.5 to 2.0 for recipients' first two years of college.
"We didn't agree with that, but that was one of those things," Kingery said. "We took that part out to preserve the rest of the scholarship bill."
Rep. Joe Aull, D-Marshall, spoke in support of lowering the GPA. "I believe in high academic standards as much as anybody," Aull said. "But, I know that the Access scholarship is a need-based scholarship. A lot of freshman really struggle that first year in college, it's a culture shock adjustment for them, and they've got to get that grade point average up to 2.5. … Somebody could go in right now and have a 2.49, which is pretty darn close to 2.5, and they're going to lose their scholarship. This could be a low-income student, and that's that student's only chance to go to college."
The final bill addresses the discrepancy between scholarship money available to private and public school students through the Access Missouri program. Under current law, students who attend private and public schools are eligible for disparate award amounts. SB 733 would raise the maximum scholarship to $1,300 for community college students and set it at $2,850 for students at either public universities or private institutions, starting in 2014.
SB 733 would also modify the Bright Flight scholarship program. Most significantly, the bill would ensure that students who score in the top 3 percent with their ACT or SAT scores receive Bright Flight merit scholarship awards before those who score in the top fourth or fifth percent. Bright Flight eligibility will expand to the top 5 percent next year under a new state law.
In addition, the bill addresses students who elect to join the armed forces. These students who qualify for a Bright Flight scholarship may defer their award and receive it at a later date, as long as they return to full-time student status within six months of the end of their military service.
Rep. Sue Schoemehl, D-St. Louis, expressed her support for the legislation. "The changes in Bright Flight are very valuable," Rep. Schoemehl said. "So, I would ask the body to continue and to support the military exemptions we had in here."
The bill now goes to the governor to be signed into law.
Legislature Approves Bill to Downsize Government
The Missouri House gave final approval Friday to legislation that would reduce the size of state government and form a committee to study the potential for additional downsizing in the future. The House approved HB 1868, sponsored by Rep. Dwight Scharnhorst, R-St. Louis, by a vote of 124-29.
The bill would transfers the powers and duties of the State Water Patrol to the newly established Division of Water Patrol within the State Highway Patrol. Supporters of the change say it could save the state millions of dollars.
The bill would also establish the Joint Committee on the Reduction and Reorganization of Programs within State Government. The 14-member committee must publish a report by December 31, 2010, with recommendations for reducing, eliminating, or combining state programs and departments.
The bill now moves to the governor's desk to be signed into law.
Legislature Approves Bill to Ensure Prompt Tax Returns
The Missouri House gave final approval Thursday to legislation that would shorten the time the state has to issue tax refunds to Missouri taxpayers. Rep. Stanley Cox, R-Sedalia, sponsors HB 1408 & 1514, which would change the length of time the state can hold onto returns without paying interest from the current 120 days to 90 days.
Under the bill, the state would have 90 days from April 15 to process returns. For individuals who file late returns, the 90-day clock would start when the return is postmarked. Returns that fail to meet the 90-day deadline would be refunded with interest.
The House passed HB 1408 & 1514 by a vote of 147-0. It now moves to the governor's desk to be signed into law.
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