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MCADSV Legislative Update - May 21, 2014
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End-of-session report: May legislative actions

The Missouri General Assembly adjourned its 2014 legislative session on May 16. MCADSV tracked and monitored 293 bills during the session. Legislators passed a total of 190 bills. All bills that were “truly agreed and finally passed” proceed to Governor Jay Nixon for his decision to sign the bills into law, let them go into law without signing them or veto them. New laws become effective on August 28, 2014, unless otherwise specified in the legislation.



Appropriations

MCADSV achieved funding increases of more than $2.5 million in the state budget that begins July 1, 2014. The Missouri General Assembly passed the Fiscal Year 2015 state budget on May 8.

Department of Public Safety: House Bill 2008  
Grants that support domestic and sexual violence services were passed in HB 2008 at the following levels:

Federally funded grants:

  • Victims of Crime Act (VOCA): $9 million; this is an increase of $1.5 million.
  • Services, Training, Officers and Prosecution (STOP): $2.49 million, which includes about $300,000 for the Sexual Assault Services Program (SASP) grants. These are the same as currently funding levels.
State crime fine-funded grant: State Services to Victims’ Fund (SSVF): $3.95 million. This amount is unchanged from current funding levels.

New human trafficking training program for law enforcement: HB 2008 contains $100,000 in new federal funding for a training program on human trafficking for law enforcement officers.

Department of Social Services: House Bill 2011
The final version of HB 2011 contains more than $1 million in increased funding for domestic and sexual violence services, for a total of $9.5 million in funding through the following:

Sexual violence services state funding
HB 2011 contains $500,000 in state funding for a new sexual violence services grant program in DSS, modeled on the unit-of-service domestic violence contracts in DSS. This funding program would allow programs to choose a range of services to be provided in their communities: hotline, crisis intervention, medical and court advocacy, counseling, case management and support groups.

Domestic violence state funding
State funding for domestic violence services, through the Domestic Violence Shelter and Services (DVSS) contracts, was sustained at the current level of $4.75 million in state funds.

Domestic violence services federal funding
  • HB 2011 includes $562,000 in additional federal funding for domestic violence services. This new funding, which will be released as a new DSS contract, is from Temporary Assistance to Needy Families (TANF) funds that can be used for domestic violence services for those living in poverty.  
  • Federal funding of $3.7 million, awarded through the DVSS contracts, remains at current levels. This appropriation originates as federal funding through the Family Violence Prevention and Services Act (FVPSA).
Children’s Division: An increase of $5.1 million was added to the Children’s Division budget to fund front-line staff salary increases intended to reduce the rapid turnover in child protection caseworkers. Additional funding was included to pay for computer tablets that will help child protection caseworkers’ field work.

Department of Health and Senior Services: House Bill 2010

HB 2010 passed with federal funding of $842,134 for the Rape Prevention and Education grant line-item: a reduction of $40,000 from current funding. This “Sexual Violence Victim Services, Awareness and Education Program” line item also includes a small amount of funds for victim services allocated from a federal block grant.



BILLS THAT PASSED


ORDINANCE VIOLATION FINES TO FUND DV SHELTERS

Two bills passed that allow local ordinance violation fine increases to fund DV shelters
House Bill 1238 (Rep. Dave Hinson, R-St. Clair)
Senate Bill 615 (Sen. Bob Dixon, R-Springfield)
MCADSV Supports
HB 1238 was passed on May 6. SB 615 was passed on May 16. Both bills contain the provision that will allow increases in local ordinance violation fines, if approved by local governing bodies, which are designated to fund local domestic violence shelters. HB 1238 and SB 615 allow an increase “up to $4” from the current maximum of $2 per municipal or county ordinance violation case. Those fines, in place since 1991, are set at $2 in Missouri law, which had to be changed to allow local governments to increase the fines. When the bills are signed into law, MCADSV will provide information to assist shelter programs with gaining passage of these local funding increases.


CRIMINAL CODE REVISIONS

Second criminal code revision bill passed with technical corrections to earlier approved Senate bill
Senate Bill 491 (Sen. Jolie Justus, D-Kansas City)
House Bill 1371 (Rep. Stanley Cox, R-Sedalia)
MCADSV Supports
On the last day of the session, the second bill to revise the Missouri criminal code, HB 1371, passed. The bill contained technical corrections to the first criminal code bill, SB 491, which was passed on April 24. Gov. Nixon requested the corrections. Both bills update all Missouri crime laws, which had not been revised for 30 years. The bills do not make significant changes to the offenses of domestic assault, sexual assault and stalking except for the addition of another level of felony and misdemeanor offenses—similar to the proposed new construction for all criminal offenses. A provision was included to add domestic violence and stalking to offenses in which law enforcement may not polygraph victims prior to investigating those reported crimes; the bills retained this prohibition for all sexual offenses that is in current law. When the bills are signed into law, MCADSV will provide members with information that details the range of changes to Missouri’s criminal code.


SEXUAL ASSAULT CRIMES

Bill passed to require 72-hour abortion waiting period; exemptions for rape and incest victims failed
House Bill 1307 (Rep. Kevin Elmer, R-Nixa)
MCADSV supports rape/incest exemption
HB 1307 was passed on May 14 without any exemptions for rape and incest victims. The bill requires a 72-hour waiting period for obtaining an abortion, an increase from the current waiting period of 24 hours. A Senate amendment failed that would have exempted rape and incest victims from the increased waiting period. After a two-hour debate, the Senate vote on the amendment followed party lines, with Democrats voting for it and Republicans opposing it.


PUBLIC ASSISTANCE

Bill passes to restrict out-of-state expenditures of TANF and food stamp benefits; allows those convicted of drug-related felonies to regain eligibility for food stamps
Senate Bill 680 (Sen. Shalonn “Kiki” Curls, D-Kansas City)
MCADSV Monitored
SB 680 passed on May 16. It requires recipients of Temporary Assistance to Needy Families (TANF) and food stamps to expend those benefits within Missouri at least once during a 90-day period or lose those benefits. The final version of SB 680 includes language sought by MCADSV: a due process procedure for notifying TANF and food stamp recipients of the potential loss of those benefits if they spent those funds outside of Missouri for 60 days, prior to suspending those benefits if out-of-state expenditures continue for 90 days.

The bill also allows those convicted of felony drug offenses to be eligible for food stamps, reversing current law that prohibits them from that public assistance program. SB 680 deletes the automatic administrative hearing for those denied TANF benefits after a positive or refused drug test but allows those recipients to request a hearing. Finally, SB 680 allows pilot programs within DSS to be established for food stamp use to purchase food at farmers’ markets.


DETERMINATION OF PARENTAL RIGHTS

Senate bill passed to speed termination of parental rights of substance- and alcohol-abusing mothers
Senate Bill 530 (Sen. David Sater, R-Cassville)
MCADSV monitored, suggested amendments
SB 530 was passed on May 7 by a party-line vote, with Republicans supporting the measure and Democrats opposed. The bill speeds the process and adds factors involved in the termination of parental rights, primarily mothers who abuse substances or alcohol. The final version of SB 530 allows termination of the parental rights of a mother who, within the prior three years, tested positive for illegal drug use during pregnancy, had illegal drugs or .08+ alcohol (beyond the legal limit) in her system within 8 hours of giving birth to a child, has a felony drug conviction, previously lost parental rights to a child, OR previously failed to complete recommended treatment services by the Children's Division through a family-centered services case. MCADSV testified numerous times about the impact of the legislation on Missouri women who struggle to gain access to treatment services for drug and alcohol dependencies.


CHILD PROTECTION AND SUPPORT

Multi-provision bill passes to address child protection issues and systems
House Bill 1092 (Rep. Bill Lant, R-Joplin)
MCADSV Monitored
HB 1092 passed on May 14. It extends the time for a child abuse investigation to be completed within 45 days, an increase from the current 30-day limit. The bill also allows the Office of Child Advocate to intervene in court cases on behalf of a child and requires regulations to be created for reimbursements to child advocacy centers for forensic examinations of physically abused children. HB 1092 directs the legislative Joint Committee on Child Abuse and Neglect to make recommendations for improving child abuse proceedings, with a focus on judges, Children’s Division, juvenile officers, guardians ad litem and foster parents.

Judiciary bill allows for administrative hearing to add additional child to existing child support orders

House Bill 1231 (Rep. Stanley Cox, R-Sedalia)
Senate Bill 695 (Sen. Joe Keaveny, D-St. Louis)
MCADSV Monitored
HB 1231, a multi-provision judiciary bill, passed with the content of SB 695 included. This new provision allows an existing child support order to be modified through a Family Support Division administrative hearing if another child is born to the parents of children included in an existing child support order.


FIREARMS

Bill allows 19-year-olds to obtain concealed weapons permits and broadens other firearms rights
Senate Bill 656 (Sen. Will Kraus, R-Lee’s Summit)
MCADSV Monitored
SB 656 passed on May 16. It lowers the age to 19 from 21 for those eligible to gain a concealed weapons permit. SB 656 also prohibits public housing authorities from banning occupants and their guests from possession of firearms and prohibits health care professionals from documenting their patients’ possession of guns. The bill prohibits local governments from restricting residents’ firearms possession or the open carry of firearms by those with state-issued concealed weapons permits. SB 656 prohibits local law enforcement officers from removing those guns unless they arrest the person. The bill also establishes new regulations for armed school protection officers and armed corporate security officers.

Constitutional amendment to declare Second Amendment rights are “unalienable” in Missouri; measure to be on statewide election ballot
Senate Joint Resolution 36 (Sen. Kurt Schaefer, R-Columbia)
MCADSV Monitored
Missouri voters in November will cast the next vote on SJR 36, a proposed amendment to the Missouri Constitution that the General Assembly passed on May 7. The resolution would declare that Missouri citizens’ rights to keep and bear arms are “unalienable.” SJR 36 also provides that the General Assembly is not prevented from restricting these rights to firearms by convicted violent felons or those found by a court to be a danger to self or others as a result of a mental disorder or infirmity. A Senate amendment to that section failed; it would have added domestic violence misdemeanor offenders and those with protection orders against them.


CLINICAL SOCIAL WORKERS

Clinical social worker licensure regulations changed
Senate Bill 808 (Rep. Jay Wasson, R-Nixa)
MCADSV Monitored
SB 808 passed on May 1. The bill allows a certificate to be issued to recognize extra hours of supervised experience that exceed state requirements for an applicant for clinical social worker or advanced macro social worker licensure. SB 808 allows an applicant who completes at least 4,000 hours of supervised experience within 48 months to be eligible for application of licensure at 3,000 hours, and receive a certificate from the State Committee for Social Workers for the completion of the additional hours. The bill also specifies that a licensed master social worker shall not practice independently the scope of practice reserved for clinical social workers or advanced macro social workers.


NON-PROFIT ORGANIZATIONS

Non-profits required to notify public if food at fundraisers was not prepared in commercial kitchens
Senate Bill 525 (Sen. Mike Cunningham, R-Rogersville)
MCADSV Monitored
SB 525 was passed on May 1. The bill requires non-profit organizations to notify the public at a charitable fundraising event that the food served was prepared in a kitchen that is not inspected or regulated by state or local food-safety authorities. The final version of SB 525 had exemptions from these requirements for St. Louis City and Boone, Clay, Jefferson, St. Charles and St. Louis counties.


DISABILITY RIGHTS

Bill sent to Governor to update language in laws about intellectual disabilities
House Bill 1064 (Rep. Jeff Grisamore, R-Lee’s Summit)
MCADSV Monitored
HB 1064 was “truly agreed and finally passed” on April 24. The bill changes language throughout Missouri laws to remove the phrases "mentally retarded" and "mental retardation" and replace them with "intellectually disabled" and "intellectual disability."


TAX CUTS

General Assembly overrides Governor’s veto of tax cut bill
Senate Bill 509 (Sen. Will Kraus, R-Lee’s Summit)
MCADSV Monitored
The General Assembly on May 6 overrode Governor Nixon’s veto of SB 509. This tax cut bill, supported by Republicans and opposed by Democrats, is expected to reduce state revenue by $620 million annually. It reduces the top personal income tax rate during 10 years starting in 2017 if state general revenue growth continues. Gov. Nixon has argued that the bill also could result in the elimination of taxes on all income beyond $9,000 annually, resulting in an annual cut of $4.8 billion dollars in state revenue. A court challenge to SB 509 is expected.


STATE EXERCISE

Bill sent to Governor to designate Jumping Jacks as official state exercise
House Bill 1603 (Rep. Pat Conway, D-St. Joseph)
MCADSV Monitored
Lawmakers in both chambers passed HB 1603 on May 1. HB 1603 designates Jumping Jacks as the official state exercise. While national sources disagree, Missouri legislators seemed assured that Jumping Jacks were invented by a Missourian, General Jack Pershing, who led American forces in World War I.



BILLS THAT FAILED

FIREARMS
Gun possession prohibitions for DV offenders added to two bills during session’s last week; both fail
House Bill 1439 (Rep. Doug Funderburk, R-St. Peters)
MCADSV supported domestic violence gun restrictions
HB 1439, the “Second Amendment Preservation Act,” failed in the final 15 minutes of the session. During the last week it was amended to expand the crime of unlawful possession of a firearm to include those convicted of domestic violence misdemeanors and those with Full Orders of Protection in effect against them (571.070.1(3)-(4) RSMo). This was the first time a successful vote was taken by Missouri legislators to replicate in state law the federal domestic violence gun prohibition laws. HB 1439 would have nullified the enforcement of any federal gun laws in Missouri.

Sen. Bob Dixon (R-Springfield) on May 14 added the domestic violence gun prohibitions in a Senate floor amendment to another gun bill, House Bill 1539. HB 1539 failed to pass.

MCADSV did not publically oppose or support HB 1439 or HB 1539, but advocated with lawmakers for the gun restriction provisions to protect victims of domestic violence.


CRIME VICTIMS

Senate amendment gutted bill to allow unpaid leave from work for domestic violence victims
Senate Bill 712 (Sen. Gina Walsh, D-St. Louis) Senate substitute not available online
House Bill 1717 (Rep. Jill Schupp, D-St. Louis)
MCADSV Supported
After an April Senate amendment gutted the bill, SB 712 failed to pass. Faced with this measure to allow domestic violence victims unpaid leave from work to go to court, 22 Missouri Senators instead chose to protect employers’ rights to fire or discriminate against employees who took that unpaid leave. A devastating amendment to the bill deleted a section of SB 712 that would have made it illegal for businesses to fire, harass, discriminate or retaliate against employees who took time off due to domestic violence. After the amendment was passed, SB 712 did not proceed further during the legislative session. No action was taken on the House version of the unpaid leave bill, HB 1717, after a House committee hearing in March.

Bill failed to expand aggravated stalking crimes to include victims in Safe at Home address confidentiality program
Senate Bill 710 (Sen. Gina Walsh-D, St. Louis)
MCADSV Supported
SB 710 failed to pass. It would have added an element to the crime of aggravated stalking that a person purposely attempted or succeeded in gaining access to the address of a participant in the Safe at Home address confidentiality program for victims of domestic violence, sexual assault and/or stalking.

“Revenge pornography” bill fails
House Bill 1203 (Rep. Kevin Engler, R-Farmington) Committee substitute not available online
MCADSV monitored, suggested amendments
HB 1203 failed to pass. The bill would have created the new crime of posting intimate images of another person without consent—“revenge pornography.” HB 1203 defined revenge pornography as publically sharing sexually graphic images of another person without that person’s consent.


PUBLIC ASSISTANCE

Effort fails to significantly decrease TANF benefits in Missouri
Senate Bill 736 (Senator David Sater, R-Cassville)
MCADSV Opposed
SB 736 failed to pass. The bill would have established a “full family sanction” to immediately cut the Temporary Assistance to Needy Families (TANF) public assistance benefits to children of parents who do not engage in required work activities (current sanctions only affect the parent’s TANF benefits). The bill would have set a 24-month maximum life-time limit on receiving TANF. SB 736 also only would have allowed use of TANF benefit cards in Missouri and would not have increased a family’s TANF benefit amount when another child was born to the family.


CIVIL COURT ORDERS

Bills failed that would have created new ‘Family Intervention Orders’
House Bill 1070, House Bill 2059 (Rep. Lindell Shumake, R-Hannibal)
MCADSV Opposed
Two bills failed that would have created new civil court orders—Family Intervention Orders—to allow one spouse to get a court order compelling the other spouse to obtain treatment for substance abuse. Both HB 2059 and HB 1070 contained provisions that would give Family Intervention Order petitioners child custody advantages and control of family assets. All of these new provisions were proposed for addition to existing domestic violence laws.


SEX OFFENSES

Bill failed that would have exempted juveniles from publically accessible sex offender registry
House Bill 1346 (Rep. Cathie Conway, R-St. Charles)
MCADSV monitored, suggested amendments
HB 1346, a multi-provision sex offenses bill, failed.  Among the bill’s provisions was the measure to remove from the public sex offender registry website the names of offenders convicted when they were younger than 18. The bill also would have allowed juvenile offenders to petition a court to be removed from the registry after five years if they do not re-offend and comply with all sentencing requirements. To be eligible to file the removal petition, the offender could have been no more than five years older than the victim of the offense for which they were convicted.

The sexual exploitation crime in HB 1346 was broadened from being specific to clergy. The bill would instead have created the misdemeanor crime of sexual exploitation by a person of “higher authority” than the victim who held a position of “trust or authority,” who offered “instruction, counseling, advice, therapy, aid or comfort,” and engaged in a “documented pattern of efforts to seduce the victim.” HB 1346 also contained the new offense of unlawful internet communication with a minor.

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Access to information on legislation and lawmakers
Information on legislators, committees and actions of the Missouri General Assembly is available on the website of the Missouri General Assembly, www.moga.mo.gov. That website also provides access to copies of all bills filed, and provides detailed information on lawmaker’s actions on bills as they proceed through the legislative process.

Specific bill search
Please note that revisions to the General Assembly’s website no longer allow live links directly to each bill, so navigating to specific bills requires a few steps:

To review copies of all bills, go to www.moga.mo.gov.
      • Select “Joint Information” from the left-side menu bar, then “Joint Bill Information.” Enter the bill number in the search field.

Legislator information by district map

The following links from the website of the Missouri Secretary of State’s office detail district maps for the Missouri General Assembly. There also are statewide maps and detailed maps for the urban districts. The maps provide a quick, visually-accessible alternative to looking up legislators by zip codes, which can be done via the General Assembly website. Missouri Senate and House districts were redistricted in 2012.
•    Senate maps: http://www.sos.mo.gov/elections/maps/senate/
•    House maps: http://www.sos.mo.gov/elections/maps/house/