Holsman: Session In Review

Courtesy of Minority Caucus Director of Communications and policy, Marc Powers, we have provided a brief list of bills that have gone through the legislative process and are on their way to becoming public laws in the State of Missouri. To give a complete overview of the actions to every bill this session would not be feasible. If you have additional questions or concerns on a matter that is not presented here, or is presented but you would like more information please do not hesitate to contact our office for additional information. Links to various pieces of legislation are also included.

House Bill 73: Drug Testing for T.A.N.F Recipients

HB 73 requires the Department of Social Services to develop a program to screen each applicant for or recipient of Temporary Assistance for Needy Families Program benefits. The bill will allow applicants and recipients to be tested if department case workers have a reasonable suspicion of drug use.

The penalty for a failed drug test will be a loss of benefits for three years. However, individuals who fail a test can avoid a loss of benefits by completing a substance abuse treatment program. The bill also contains a provision to ensure that only the adult who fails the drug test will lose benefits.

Children of an individual who fails a drug test will continue to receive benefits through a third party selected by the state. In addition, the bill requires all electronic benefit cards to include a photo of the recipient. Read the TANF Bill here.

House Bill 641: Ban on K2 Alternatives and Bath Salts

HB 641 outlaws synthetic drugs that mimic the effects of cocaine and marijuana. These products respectively have been marketed as bath salts and incense. Possession of the bath salts or more than 35 grams of the synthetic cannabinoids would be a class C felony. In addition, the bill makes it a class A felony to distribute cocaine near a park.

Legislation passed last year by the General Assembly banned possession of one type of synthetic marijuana commonly known by the name K2. Soon after that legislation was passed, another form of synthetic marijuana known as K3 went on the market. Read up on the particulars of House Bill 641

House Joint Resolution 2: Religious Freedom

HJR 2 places a proposed constitutional amendment on the November 2012 statewide ballot that, if ratified by voters, would make numerous changes to the existing provision of the Missouri Constitution that protects the right to freely exercise religion.

HJR 2 would specifically enumerate a number of religious rights that Missourians already broadly enjoy under the state and federal constitutions, such as the right to pray in public places and the right of students to express their religious beliefs and not be compelled to participate in assignments that violate those beliefs. Read HJR 2 here.

House Bill 431: Parents with Disabilities

HBs 431, 555 and 604 each contain a provision that protect the rights of parents living with a disability or disease. The bills specifically state that a disease or disability will not be a basis for terminating parental rights unless it poses a serious risk of harm to the child. In addition, unless it puts a child at risk, a disability or disease cannot be the basis for a determination to refuse to issue, suspend or revoke a foster care license or to rule that an individual is unfit or not suitable to be an adoptive parent or a foster parent.

Senate Bill 54: Amy Hestir Student Protection

SB 54 creates the Amy Hestir Student Protection Act to protect students from being sexually abused by school employees. The legislation addresses an issue in current employment law that causes school districts to hesitate to share information regarding former employees for fear of a lawsuit. The lack of information sharing has allowed some teachers with a history of sexual abuse to transfer to other schools where administrators, parents and students may not be aware of their background.

The bill allows school districts to discuss information about their employees with other school districts. It also makes school districts liable for damages if they dismiss an employee or allow an employee to resign for reasons of sexual misconduct and then fail to disclose those reasons in a reference request from another school district. The bill also prohibits a teacher from online communications with a current or former student in ways that aren't accessible to district administrators and the parents of the student. In addition, the bill creates a task force charged with making recommendations to the governor, General Assembly and State Board of Education on ways to reduce child sexual abuse. Read Senate Bill 54 hear.

House Bill 151: Organ Donation

HB 151 allows Missourians to contribute to the state's organ donation program when they file their income tax returns. The bill authorizes an individual or corporation to designate at least $2 on a Missouri individual income tax return or at least $4 on a combined return to the Organ Donor Program Fund.

Funding for the organ donation program has been provided through contributions made by Missourians when they register their motor vehicles. That funding has diminished as more residents register their vehicle every two years rather than annually. The creation of the tax return check-off is estimated to supplement funding for the organ donation program by more than $100,000 annually. Read House Bill 151 here.

House Bill 458: Mo Farmland Trust Act

HB 458 establishes the Missouri Farmland Trust Act to provide young farmers with a means to acquire land through a low-cost lease and to allow land to continue to be farmed in the future.

Through the act, individuals and entities can donate or convey farmland to the Department of Agriculture to preserve it as farmland and to assist beginning farmers by allowing long-term, low- and variable-cost leases on the land, making it affordable for the next generation of farmers to produce food, fiber, and fuel.

The bill also changes the definition of noxious weed and expands the requirement of every landowner to control all noxious weeds growing on his or her land. In addition, the bill establishes the Private Landowner Protection Act to allow for the creation and enforcement of conservation easements designed to protect the environment or preserve certain historical or cultural aspects of real property. Find that legislation here.

Senate Bill 188: Workplace Discrimination

SB 188 would have made it more difficult for victims of workplace discrimination to file suit against their employers under the Missouri Human Rights Act. The bill also would have capped actual damage awards on successful lawsuits and prohibited punitive damages. The governor has already vetoed the bill.

Senate Bill 55: Sawmill Tax Relief

SB 55 seeks to help Missouri's struggling sawmill industry by putting the tax burden for sawmills in line with other agricultural businesses. Specifically, it reclassifies sawmills at the agriculture tax rate of 12 percent. Currently, they are taxed at the business tax rate, which is 32 percent.

According to statistics kept by the Missouri Department of Conservation, Missouri lost 90 sawmills between 2006 and 2009. In 2010, the state's sawmills reported $2.2 million in sales -- a 60 percent drop from 2008. Read the Sawmill bill here.

Senate Bill 320: Domestic Violence

As a result of Attorney General Chris Koster's task force for Domestic Violence SB 320 updates and strengthens Missouri's domestic violence laws.

The legislation makes changes to the orders of protection process so that individuals seeking a protection order will not be charged filing fees for any action relating to the order.

The bill also allows judges to customize protection orders based on the situation. In addition, the legislation eliminates the expiration date for the Safe at Home confidentiality program.

Safe at Home protects victims of sexual assault, rape or domestic violence by providing them with an alternative mailing address.

Find that bill at the following link.

House Bill 163: Extension of Unemployment Benefits

HB 163 extends unemployment benefits to Missourians who have exhausted state and emergency federal assistance. The bill, which the governor has already signed into law, provides an additional 20 weeks of assistance to Missourians who have already exhausted 79 weeks of regular and emergency assistance. State officials estimate that approximately 10,000 Missourians benefited from the extended assistance and an additional 24,000 could receive extended assistance by January 2012. The bill also lowers the number of weeks for regular unemployment assistance from 26 to 20.

Find that legislation here.

Senate Bill 113: Modifies the Puppy Mill Cruelty Prevention Act

SB 113 and SB 161 are two measures already signed into law by the Governor the law make changes to Proposition B, which was approved by voters in 2010 to impose strict new regulations on commercial dog breeders. The bills repeal most of the significant provisions of Proposition B but represent a compromise between Missouri's agriculture groups and animal welfare organizations with the goal of improving the care of dogs without forcing licensed dog breeders out of business.

Changes approved by the General Assembly include removing Proposition B's limit of 50 breeding dogs per business and phasing in requirements for larger cages and increased access to the outdoors for animals. Proposition B required at least one yearly exam with prompt treatment for any illness or injury. The compromise bills require one yearly exam and prompt treatment of a "serious illness or injury."

The compromise also requires dogs to have continuous access to water and access to food at least twice per day. The voter-approved law required access to food only once per day.

The bills also require licensed dog breeders to pay an extra $25 fee each year to finance State efforts to crack down on unlicensed dog breeders. Find bill text here.

House Bill 344: Establishes the Farm-to-Table Advisory Board

HB 344 establishes the Farm-to-Table Advisory Board to bring produce grown in Missouri to schools and other institutions more efficiently. The advisory board would look at current obstacles and make recommendations for statutory and rule changes to make it easier for schools to purchase locally grown produce. The bill will allow schools and other institutions the opportunity to provide fresh, healthier food choices that could encourage healthier eating behaviors and lifestyles.

For more information and to read the Bill: House Bill 344

Senate Bill 3: Requires Photo Identification to Vote

The Missouri General Assembly approved both SJR 2 and SB 3 with the intent of establishing photo identification requirements for voting. SJR 2 is a proposed constitutional amendment that would grant the General Assembly the constitutional authority to require Missouri voters to provide valid, government-issued photo identification in order to cast a ballot. SJR 2 also would establish in the constitution that advance voting is allowed in Missouri, even though the General Assembly already has such authority and no constitutional amendment for that purpose is necessary.

If SJR 2 is ratified by Missouri voters at the November 2012 election, SB 3 would put into law the specific requirements for voter identification. It would require voters to provide valid, government-issued photo identification at the polls unless they sign an affidavit attesting they were not able to obtain photo identification for one of several reasons defined in the bill.

The reasons include an inability to obtain photo identification because of a physical or mental disability, an inability to pay for a document necessary to obtain the required identification, a religious belief against forms of identification or if they were born before January 1, 1941. In addition, the legislation requires the state to provide at least one form of identification required to vote at no cost to the voter. It also requires the state to provide at least one document required to obtain the required identification at no cost. The Secretary of State's Office estimates that more than 200,000 Missouri voters do not have a government-issued photo ID.

SB 3 also would implement provisions for advance voting. The bill would allow voting on two Saturdays and seven weekdays before Election Day for statewide elections. It also requires at least one "advance-voting center" to be established in every county. In more populous counties at least one center would be required for every 100,000 residents.

Read its provisions here.

This measure was vetoed by Governor Nixon on June 17th. A statement by Nixon shortly thereafter indicated that:
"This new mandate would disproportionately impact senior citizens and persons with disabilities, among others, who are qualified to vote and have been lawfully voting since becoming eligible to do so, but are less likely to have a driver's license or government-issued photo ID," "Disenfranchising certain classes of persons is not acceptable."

Minority Leader Mike Talboy, Democrat-37, agreed issuing the following statement.

"House Democrats unanimously opposed this bill during the legislative session and subsequently voted to make sustaining the governor's veto an official caucus position. With House Democrats unified on this issue, we are confident that any attempt by House Republicans to override the governor's veto will fail."

House Bill 217: Electronic Voter Identification

HB 217 allows an election authority to use an electronic voter identification system or an electronic signature pad to verify a voter's address, registration status and signature information at a polling place. Signature pads must be able to read information from a person's driver's license or state identification card.

The system must also allow election officials to enter the information manually. A similar system is already in place in Greene County, where it has been successful in helping election officials to check voters in more quickly. A link to House Bill 217 can be found at this link.

Senate Bill 101: Residential Contractors

SB 101 is designed to protect Missourians from unscrupulous contractors who may prey on homeowners in the wake of devastating storms. The bill prohibits contractors who perform exterior repairs from offering to pay a homeowner's insurance deductible as an incentive to encourage the homeowner to hire the contractor. The bill also prohibits contractors from negotiating on behalf of a homeowner for insurance claims. That Bill can be found here.

House Bill 223: College Grants

HB 223 authorizes new incentive grants for excellence in math and science and for students entering nursing programs.

The bill requires the Department of Higher Education to award an additional $500 to state A+ Schools or Access Missouri scholarship recipients who score well on at least two Advanced Placement Exams in mathematics or science. The bill also creates the Nursing Education Incentive Program with the goal of addressing the state's current nursing workforce shortage. The program provides grants of up to $150,000 to colleges and universities that provide nursing programs to allow them to expand their programs.

Find House Bill 223 here.

HB 264 - Regulation of Doctors

HB 265 gives the Missouri Board of Registration for the Healing Arts additional authority to discipline bad doctors and improve patient safety. Under current law, the board has the authority to suspend dangerous doctors, but the power is rarely used because of the difficulty in proving that a doctor poses a danger. HB 265 allows the board to initiate a hearing to determine if reasonable cause exists to believe that a licensee or applicant is unable to practice his or her profession.