Gatschenberger: Legislative Update Points 17-26 and Fun Facts

17. Deadly Force to Protect Unborn Children

House Bill 2081 specifies that a pregnant woman may use deadly force to protect her unborn child if she reasonably believes that deadly force is necessary. The bill comes in response to a Michigan case where a pregnant woman was convicted of manslaughter for killing her boyfriend in defense of her unborn child. The case caused controversy in the Michigan state legislature, as members debated whether Michigan law allowed the woman to claim that she acted in self defense of her unborn child. The court later overturned the conviction and Michigan legislators passed a bill similar to House Bill 2081.

18. Child Abuse Medical Resource Centers and SAFE CARE

House Bill 2270 aims to improve health care for child victims of sexual abuse by educating more health care professionals on how to interact with abuse victims. The 17 medical resource centers that belong to the Sexual Assault Forensic Examination Child Abuse Resource Education (SAFE CARE) network will provide training for medical professionals on how to evaluate and communicate with child victims, and will provide evaluation services for victims as well. The legislation also will allow doctors at these facilities to get a second opinion by consulting with other doctors using advanced video technology. Currently, doctors are barred from sharing information about their patients with anyone, excluding law enforcement. This legislation comes as a response to the lack of health care professionals trained to evaluate child sexual assault victims in Missouri.

19. Girl Scout Day

Senate Bill 649 establishes Girl Scout Day in recognition of the Girl Scout program, which celebrates its 100^th anniversary in 2012. The bill requires the governor to issue a proclamation each year setting apart May 12 as Girl Scout Day. The legislation also recommends that the people of Missouri observe the day in recognition of the Girl Scout program that "seeks to promote the social welfare of young women, build self-esteem, and teach values such as honesty, fairness, courage, compassion, character, sisterhood, confidence and citizenship through activities including camping, community service, learning first aid, and earning badges by acquiring practical skills."

20. Mental Health Safety

Senate Bill 744 creates the crime of endangering the life of any person in a secured mental health facility. The bill applies to crimes against other patients, visitors and Department of Mental Health employees. The crime created by the bill is the equivalent of the current crime of endangerment by a criminal offender against a Department of Corrections employee. In addition, the legislation will particularly punish violent sexual predators who knowingly cause workers or visitors to come into contact with various bodily fluids, such as blood, urine or seminal fluid. These offenders will be charged with a class D felony, which carries maximum penalties of four years in prison or a $5,000 fine. Offenders guilty of the crime who are infected with HIV or hepatitis B or C, will be charged with a class C felony, which has a maximum prison term of seven years.

21. Urban Farming

House Bill 1848 creates a Joint Committee on Urban Farming to explore ways to provide inner city residents with improved access to healthy food. The 10-member committee is charged with studying and making recommendations regarding the impact of urban farm cooperatives, vertical farming, and sustainable living communities. The committee will also examine various trends in urban farming; existing resources and capacity; the impact on affected communities; and any needed legislation, policies, or regulations.

22. Public Meeting Notice

Senate Bill 851 requires earlier notice for certain public meetings. The legislation requires four days notice for meetings on tax increases, eminent domain issues, zoning, tax increment financing and sales taxes. Currently, the law requires 24 hours notice before a public meeting is held. The bill also requires each public meeting to include time for public comment and prohibits governing bodies from voting on tax issues unless proper notice is given.

23. Sale for Resale Tax

Senate Bill 928 clarifies that certain purchases made for resale are not to be considered as retail items subject to sales and use tax when the subsequent sale is taxed in the state or another state, is for resale, is excluded from tax, is subject to tax but is exempt, or is exempt in another state where the subsequent sale occurs. The bill comes in response to two Missouri Supreme Court decisions that resulted in sellers being forced to pay sales tax on items they purchase for resale to tax exempt entities. Before the ruling, resellers were able to purchase goods to be sold to exempt entities tax-free.

24. Using Gambling Chips on Gaming Boats for Food and Drink

Senate Bill 984 will allow patrons of excursion gambling boats to use their casino chips to pay for food and drinks. Under current law, patrons of casinos must use cash to buy food and drinks from wait staff. In order to stay competitive with other states who allow casino patrons to pay for food and beverages with chips, the legislation will modify state law to allow casino chips to be used to purchase these items while on the gaming floor of excursion gambling boats.

25. Agriculture Land Assessment

Senate Concurrent Resolution 35 rejected a recommendation by the State Tax Commission that would have increased property taxes on Missouri's best agricultural land. In December of 2009, the State Tax Commission recommended increasing the productive values for the highest quality of agricultural land. The productive values are used to determine the amount of property tax paid by land owners. The commission's proposal would have raised taxes on the most productive agricultural land, which generally consists of cropland, by 30 percent and decreased taxes on less productive land. The changes would have resulted in an 11 percent tax increase statewide. The tax changes would have taken effect in 2011 if the House and Senate had not approved the resolution rejecting the commission's recommendation.

26. Bingo

Senate Bill 940 loosens restrictions on bingo to allow charitable organizations to raise additional funds for community service projects.

Under the bill, organizations with abbreviated licenses will be able to conduct bingo games up to 15 times annually. The previous annual limit was four games. In addition, organizations with full licenses will be able to conduct bingo games twice a week instead of once a week. The bill also increases the number of hours that bingo games can be in operation. Current law prohibits bingo games between midnight and 10 a.m. Senate Bill 940 changes the prohibited hours of operation to between 1 a.m. and 7 a.m. In addition, the bill increases the amount of revenue that can be used for advertising purposes.

Similar legislation was passed last year but vetoed by the governor because of a provision that repealed the two-tenths-cent sales tax on pull-tab cards and bingo cards sold by charitable organizations conducting bingo games. SB 940 does not contain that provision.

STAY IN TOUCH

As always, please let me know your thoughts about these or other matters of concern by calling my office at: (573) 751-3572 or by emailing me at chuck{dot}gatschenberger{at}house{dot}mo{dot}gov

FUN FACTS

Time to bake a pie! Gooseberries ripen through mid-July and Elderberries begin blooming.

Get outside and enjoy the blooms… Lady's slipper orchids, Tulip poplar trees & Butterfly weed… and watch for the hummers… (the bird type that is)… they're quick!