Opinion

Legislative Update: Bills Moving to the Senate

Thursday, March 1, 2018

HB 1940 would establish the "Cronkite New Voices Act," which provides that in both public high schools and public institutions of higher education a student journalist has the right to exercise freedom of speech and of the press in school-sponsored media. Supporters say current law permits school administrators to unduly restrict student journalist expression. The bill would grant additional protection to ensure student journalists are free to learn and practice responsible journalism.

HB 1710 would change the law relating to recognizing licenses to practice occupations or professions issued by other states. Supporters say the bill would remove barriers to people practicing their professions.

HB 1598 concerns the validity of preneed contracts or other arrangements made in advance to provide for the disposition of a body after death. Supporters say the bill would help consumers by ensuring that existing preneed contracts are enforced.

HB 1650 would specify how a health savings account may be created. Supporters say the bill would allow employers to close HSAs if employees do not take employment with the employer and the HSA has only cents in it. Additionally, they say it is important to have exceptions to the no-contest clause because there are times when trustees intentionally do not do what is required of them and they know they are protected if someone tries to challenge the conduct. There are 34 other states that already provide this sort of protection.

HB 1329 would specify that employees of a soil and water conservation district shall be eligible for membership in the Missouri local government employees' retirement system. Supporters say the bill would allow employees of soil and water conservation districts to be able to become members of the Missouri Local Government Employees' Retirement System for retirement benefits. The change would help in recruiting and retaining employees.

HB 1371 would require any district with a state-approved gifted education program to have a process that allows parents or guardians to appeal a determination that their child does not qualify for gifted services. Supporters say different districts have varying criteria for qualification for gifted education. Students may move from a district in which they qualify to a district in which they do not. An appeals process would help resolve such problems.

HB 1421 would require each school district to establish a policy on acceleration and districts with gifted education programs to establish appeal procedures. Supporters also say studies show that acceleration is typically very beneficial not only for the education but also for the emotional health of accelerated children.

HB 1455 would require high schools and public institutions of higher education to provide information related to careers and salaries to students. Supporters say the bill would provide high school and college students with necessary information for the student to be aware of career opportunities and trends, and the costs and value of obtaining a credential or other skill through higher education.

HB 1606 would provide a high school equivalency certificate applicant with the opportunity of voluntarily submitting his or her contact information for the purposes of evaluating college and career placement rates of certificate applicants. Supporters say that people applying for high school equivalency are overwhelmingly in poverty. This bill would remove cost as a barrier to taking the test the first time.

HB 1291 would change the classification from second to first of certain counties exempt from the requirement that not less than 25% of a county's special road and bridge tax collected in a municipality within the county must be expended within the municipality for the repair and improvement of existing roads, streets, and bridges. Supporters say that the county classification has changed so it is necessary to amend the statute in order for the exemption to still apply to the affected counties.

HB 1858 would require the Department of Revenue to feature a map of all special taxing districts on its website. Supporters say that special taxing districts are driving sales tax rates up to almost 12 percent in St. Louis. The bill would allow taxpayers to see where the taxing districts are, where the rates overlap, and what the rates are in a shopping area.

HB 1608 would specify that legislative research will compare the actual fiscal note of all bills Truly Agreed and Finally Passed by the General Assembly with the final fiscal note provided prior to passage. Supporters say the bill would provide more accountability by requiring fiscal impact reports post-passage. Pre-passage fiscal notes must be compared against actual outcomes.

HB 1247 would designate the month of November as "Diabetes Awareness Month" in Missouri. Supporters say that the prevalence of diabetes in Missouri is above the national average with over 650,000 Missourians having diabetes. This bill would bring awareness to the disease and some lifestyle changes that may help stop or delay onset of diabetes.

HB 1349 would designate July 7 as "Missouri Sliced Bread Day." Supporters say the bill would recognize the first sale of commercially sliced bread, which occurred in Chillicothe on July 7, 1928. By commemorating this historical event each year, it would draw more tourists to northern Missouri and boost the economy.

HB 1355 would allow retired police officers to return to work when a disaster or emergency has been proclaimed by the governor or there is a national disaster. Supporters say that in times of national emergency or when the governor declares a state emergency, the bill would allow retirees to come back and volunteer at their departments as long as the retirees are up to date with their firearms training.

HB 1375 would designate June 27 of each year as "Post Traumatic Stress Awareness Day" in Missouri. Supporters say the bill would bring awareness to post traumatic stress, which can be caused by many traumatic events.

HB 1481 would repeal a provision relating to certain exemptions for insurance holding companies. Supporters say the bill would repeal an exemption for one insurance holding company that is no longer needed.

HB 1552 would require spouses of members of the active duty component of the Armed Forces to be given first priority in the processing of all professional licensure applications. Supporters say the bill would help military families that are transferred to Missouri. Military families are often transferred on short notice. By reducing the time period a spouse of an active duty service member has to wait to receive his or her professional license, the bill would remove barriers to employment.

HB 1351 would specify that a responsive pleading must be filed in any motion to modify a child support, spousal maintenance, or child custody judgment. Supporters say that requiring responsive pleadings in motions to modify is necessary because those responsive pleadings help keep people up to date on what is happening with the lawsuit.

HB 1597 would authorize the next-of-kin of a deceased person to delegate control of the final disposition of the remains.  Supporters say the bill would help when next-of-kin are away, such as being out of the country or in the military. The next-of-kin could delegate a person to handle the decision on how to dispose of the remains. It is important to keep the notice requirement as simple as possible because there are people spread out around the world who might have claims, so it would be difficult to have to notify someone in person.

HB 1663 would allow school districts to establish comprehensive school counseling programs for students attending school in the district. Supporters say that comprehensive school counseling programs are beneficial for children.

HB 1676 would require school bus drivers who are seventy years of age or older to complete the CDL Skills Test and the Driving Test on an annual basis. Supporters say the bill would not modify any safety-related standard. It would remove detailed engineering and mechanical information from a test for bus drivers who are not allowed to do maintenance on school buses.

HB 1905 would establish a procedure for the removal and disposal of abandoned aircraft on airport property. Supporters say the bill would allow the removal of an abandoned aircraft in an efficient manner similar to cars.

HB 2044 would allow a metropolitan planning organization to be considered a political subdivision for purposes of the Missouri Local Government Employees' Retirement System. Supporters say the bill would allow employees of metropolitan planning organizations to be able to become members of the Missouri Local Government Employees' Retirement System for retirement benefits. The change would help in recruiting and retaining employees.

HB 1300 would require boat title and registration fees collected annually in excess of one million dollars to be deposited in the Water Patrol Division Fund. Supporters say the bill would provide increased funding for the Water Patrol Division of the State Highway Patrol. Currently, the General Revenue Fund must supplement the fund if not enough funds are available. The fund is projected to have a deficit in Fiscal Years 2018, 2019 and 2020.

HB 1572 would modify provisions relating to driver's licenses for persons who are deaf or hard of hearing. Supporters the bill would help police officers be aware that they are dealing with a deaf or hard-of-hearing individual at traffic stops. They say that since the notation is only on the license it still protects privacy to a great extent.

HB 1887 would prohibit a property owners' association from preventing a property owner from placing political signs on his or her property. Supporters say the bill would enact rules similar to existing First Amendment doctrine by prohibiting a complete ban on political signage by Homeowners' Associations, but allowing reasonable time, place, and manner restrictions for such signs.

HB 1366 would authorize school boards to contract with municipalities to transport high school children. The contract would require the presence of an adult supervisor approved by the school board on any municipal vehicle transporting school children. While transporting school children, municipal vehicles would include seating designated solely for school children. Supporters say the bill would allow school districts to save money on student transportation costs, and make more efficient use of municipal public transit systems.

HB 1998 would create guidelines for reviewing the comprehensive state energy plan. Supporters say the bill would ensure the state energy plan is reviewed every two years, and that review is critical to evaluating Missouri's energy resources.

 

House Gives Initial Approval to Legislation to Criminalize “Revenge Porn” (HB 1558)

Members of the Missouri House of Representatives gave first-round approval to legislation that would make it a felony offense to disseminate private sexual images without the consent of the person in the image. Often referred to as nonconsensual pornography or “revenge porn,” the offense occurs when an individual sends or posts sexually explicit photos or videos of someone without their permission even if they were originally taken with consent.

The legislation approved this week would make it a class D felony to disseminate private sexual images without consent. An amendment added to the bill would make it a class E felony for instances where an individual threatens to disseminate private sexual images. Another amendment added during debate on the bill would give victims of revenge porn the ability to seek civil action in addition to criminal charges.

Supporters note that an overwhelming majority of self-produced, sexually-explicit images are stolen, which makes this sort of legislation necessary. They point out that human traffickers sometimes use these types of images and their dissemination as blackmail. If the bill is signed into law, Missouri would join 38 other states that have outlawed revenge porn.

The bill now requires another vote in the House before moving to the Missouri Senate.

Lawmakers Pass Bill to Legalize Industrial Hemp (HB 2034)

The Missouri House has approved a bill that would legalize the growing of industrial hemp in Missouri. Supporters say the bill would help to promote industrial hemp as an agricultural commodity in Missouri, which was one of the largest producers of industrial hemp in the nation before it became illegal.

Hemp is a variety of the Cannabis sativa plant with a low concentration of THC, which is the psychoactive component found in marijuana. It can be used in a wide range of products, including fibers, textiles, paper, construction and insulation materials, cosmetic products, animal feed, food, and beverages. It is used in more than 25,000 products spanning nine markets: agriculture, textiles, recycling, automotive, furniture, food/nutrition/beverages, paper, construction materials and personal care. According to the National Conference of State Legislatures, at least 34 states have passed legislation related to industrial hemp.

The bill approved this week would exempt industrial hemp from the definition of marijuana and the list of controlled substances. It would also allow an individual who has received an industrial hemp license to grow, harvest, cultivate, and process industrial hemp. The bill would establish a pilot program under the Department of Agriculture to implement the licensing standards and requirements. In addition, the bill would require every grower or handler to be subject to an industrial hemp monitoring system to ensure compliance with state law and department rules.

Supporters say industrial hemp is used in many goods manufactured in Missouri, but manufacturers must import the hemp from other states and countries. They say the bill could be a boon for farmers, and bring new business to the state. Supporters also point to studies that show farmers who add industrial hemp to their crop rotation may have higher yields. Proponents say the bill is in no way related to attempts to legalize marijuana, and point out that the THC levels in industrial hemp are lower than the level to be classified as a narcotic.

The bill now moves to the Senate for consideration.

House Approves Legislation to Help First-Time Home Buyers (HB 1796)

House members gave approval this week to legislation that would make it easier for Missourians to save money to buy their first home. The bill would establish the First-Time Home Buyer Savings Account Act and authorize a tax deduction for contributions to a savings account dedicated to buying a first home.

The bill would authorize an individual income tax deduction for 50 percent of the contributions to the account. It would have an annual contribution deduction limit of $1,600 per taxpayer. The bill specifics the maximum contribution limit for all tax years would be $20,000 and the maximum total amount in the savings account would be $30,000. The bill would define a first-time home buyer as an individual who has never owned a single-family, owner-occupied primary residence including a condominium or manufactured home, or a divorced individual who has not been listed on a property title for at least three years.

Supporters of the bill say many individuals and families have a difficult time saving sufficient funds for a down payment on a first home. They say the bill would make it easier for Missourians to save money so they can achieve the dream of home ownership.

The bill now moves to the Senate for consideration. If passed into law, the act would go into effect January 1, 2019.

Raising the Marriage Age to Protect Young People (HB 1630)

 As part of their effort to fight human trafficking in Missouri, lawmakers this week approved legislation that would prohibit marriages for children under the age of 15, and raise the minimum age for marriage with parental consent to 17.

 Missouri currently has a minimum age of 18 to obtain a marriage license without parental consent. Young people age 15 to 17 can receive a license with parental consent. Individuals of any age also have the option to get married without consent if they successfully petition the court to obtain a license.

 The legislation approved by the House would raise the age requirement to 17. Young people under the age of 17 who want to be married would need to obtain a court order that verifies the marriage is advisable and there is no evidence of coercion or abuse of either party entering the marriage. The bill also would strictly prohibit any marriage where either party is under the age of 15, and would ensure no marriage license is issued to any person 21 years of age or older if the other party to the marriage is less than 17 years of age.

 Supporters say the bill would bring Missouri’s marriage law in alignment with its statutory rape law that says a person over 21 cannot have sex with a person under 17. They say the goal of the bill is to prevent child marriages that are used to disguise abusive situations and human trafficking. They note that Virginia raised its minimum age requirement after seeing a large number of underage girls marry men who were far older. According to one study, more than 7,300 teens under the age of 18 were married in Missouri from 2000 to 2014. 

The bill now heads to the Senate for debate.

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