Denison: Drug Testing, Bath Salt Ban, Foster Parent Legislation

“To find what you seek in the road of life, the best proverb of all is that which says: “Leave no stone unturned.” – Edward Bulwer Lytton

Drug Testing for TANF Recipients (HB 73)

During the flurry of activity that marked the final week of the legislative session several priority bills received final approval from the General Assembly. Among them is a bill that would allow welfare applicants and recipients to be tested for drug use.

The legislation would allow applicants and recipients to be tested if case workers with the Department of Social Services have a reasonable suspicion of drug use. The penalty for a failed drug test would be a loss of benefits for three years. However, individuals who fail a test could avoid a loss of benefits by completing a substance abuse treatment program. It’s also important to point out that individuals who lose their benefits will not cause their children to lose benefits as well. Under the bill, the state would select a third party to receive benefits for the children of an individual who fails a drug test.

With this we hope to keep taxpayer money from subsidizing someone’s illegal drug use and also provide the assistance that will help these individuals deal with their drug problem.

Ban on K2 Alternatives and Bath Salts (HB 641)

Another bill that received final approval from the legislature this week would outlaw synthetic drugs that mimic the effects of cocaine and marijuana. These products have been marketed to young people as “bath salts” and incense and have resulted in a number of medical emergencies around the state. The bath salts in particular have proven to be very dangerous with side effects similar to those of cocaine, which causes users to hallucinate and become violent. It’s an issue the members of our law enforcement community have been forced to deal with far too often.

The bill we passed is designed to keep these products out of the hands of our young people. It would add to the list of schedule I controlled substances several forms of stimulants, including "bath salts," and hallucinogenic synthetic cannabinoids (K2 alternatives). Possession of more than 35 grams of the substances would be a class C felony. We hope by criminalizing these substances that we can keep them out of stores, off the streets and out of the hands of our young people.

Protecting Farmers from Excessive Lawsuits (SB 187)

A piece of legislation that has already been signed into law by the governor will limit nuisance lawsuits against Missouri farmers. The legislature had approved a previous version of the bill that was vetoed by the governor because he felt it applied to more than just crop and animal production operations. The revised version of the bill makes it clear that Missourians who own farming operations won’t be subjected to repeated lawsuits.

Before this change, Missouri law allowed for nuisance lawsuits to be brought again and again for a problem that is not fixed. The bill we passed changes the standard so a reoccurring nuisance is classified as permanent. In these cases, damages will be based on the reduction in the fair market value of the property. The bill also allows plaintiffs to recover damages for medical conditions that can be proven to be caused by the nuisance.

The primary reason for this change is the need to protect farmers and farming operations from being forced out of business by an inordinate number of lawsuits. It is important to make it clear that the legislation does not take away anyone’s right to sue. Instead, it limits the ability of an individual to file the same lawsuit time and time again. We hope this change will give the folks in our agriculture industry a better opportunity to stay in business.

Foster Parent Legislation (HB 604)

Another piece of legislation on its way to the governor’s desk would make some important changes to our foster care system. The bill started out in the House as a simple measure designed to protect the rights of parents with disabilities. The bill simply said that unless a child is put at risk because of the disease or disability of a prospective parent then these conditions should not be factors in determining the fitness of potential adoptive parents. This minor change will make a big difference for the many Missourians living with disabilities who can also serve as loving, nurturing adoptive parents.

The bill also grew in scope as it passed through the process. The final version allows Missourians to donate part of their tax refunds to the newly-created Foster Care and Adoptive Parents Recruitment and Retention Fund. The fund will be used to support foster care and adoptions in Missouri. The bill also creates a task force to study the extent to which changes in the system of recruiting, licensing, and retaining foster and adoptive parents would enhance the effectiveness of the system statewide. The task force will report its findings with recommendations by December 1, 2011, to the General Assembly and the governor.

Religious Freedom in Public Places (HJR 2)

Another piece of legislation approved by the General Assembly will appear on the November 2012 ballot for voter approval. The proposed constitutional amendment would protect and expand the rights of Missourians to pray in public places. Specifically, it would allow people to pray in public places as long as their actions do not disturb the peace. It also would allow students to express their religious beliefs in assignments free from discrimination and would protect them from being compelled to participate in assignments that violate their beliefs. In addition, it would reaffirm the right of employees and elected officials of the State of Missouri to pray on government premises and public property. We believe this change is needed to reaffirm our rights to pray in public without worry about potential legal consequences. Next year, voters will have the option to make this change a permanent part of the Missouri Constitution.

Strengthening Human Trafficking Laws (HB 214)

Another bill awaiting the governor’s approval would help law enforcement more effectively deal with horrific crimes that many Missourians believe happen only in other parts of the world. The sad truth is that the crime of human trafficking occurs right here within the borders of our state. Horrifying stories of enslavement and sexual exploitation have happened in recent years in Kansas City and even in smaller cities like Lebanon. Women and children have had their lives destroyed by individuals who exploited them for profit. These are actions we simply cannot tolerate within our state. Sadly, our laws have lagged behind in effectively addressing these awful crimes.

The legislation we passed this year would strengthen the penalties for human trafficking. The measure also would create longer maximum prison terms for offenses such as trafficking for forced labor and sexual exploitation. In addition, the bill would provide additional protections for victims of trafficking and require offenders to pay restitution to their victims. We believe this legislation will give our law enforcement officials the tools necessary to crack down on the immoral individuals who perpetrate these crimes.

Preventing Late-Term Abortions (HB 213)

A piece of pro-life legislation that received overwhelming bipartisan support in the General Assembly is on its way to the governor’s desk. The bill will ensure late-term abortions are not performed in Missouri unless the mother’s life is endangered or the pregnancy poses a serious risk of a permanent physical impairment.

The legislation will make it illegal to abort a fetus deemed capable of living outside the womb. Specifically, it would ban abortions after 20 weeks unless two doctors verify that a fetus is either not viable or constitutes a medical threat to the mother. Doctors would use tests of the fetus' gestational age, weight and lung function. For a fetus found to be unviable, a doctor would be required to report to the state why the child was unviable after performing the abortion. Doctors who violate the law could spend up to seven years in prison and be fined up to $50,000.

With these provisions we can ensure an abortion is an option pursued only when it is absolutely medically necessary. We know there are few abortions performed after 20 weeks but it is in the best interest of all Missourians who value life to make it clear that these abortions cannot be performed unless they represent the only way to save the life of the mother.

Although the 96^th 1^st Regular Session is finished, if you ever have any questions or concerns, please do not hesitate to contact my office. Best wishes.