General Session Information

In the last 30 years, the fewest number of bills to clear the General Assembly was 31 during the pandemic-shortened session of 2020. At 43, this session marks the second lowest number of bills to make it to the Governor’s desk.

The total number of bills, concurrent resolutions, and joint resolutions proposed this session were 2,267.  Of those, the Senate filed 789 and the House filed 1,478.  At the end of session, only 63 bills were Truly Agreed to and Finally Passed, 36 Senate bills and 27 House bills (20 of those are the FY2023 Supplemental bills and FY 2024 operating budget) making the total number of non-budget policy related bills to be “Truly Agreed and Finally Passed” this session 43. 

Legislation of Interest Truly Agreed and Finally Passed by the General Assembly at the end of the 2023 session is listed below. July 14th is the final day in which the Governor can sign bills. Signed bills without an emergency clause go into effect August 28, 2023.

 

Appropriations

We had a great budget season securing a onetime general revenue (GR) influx to the Victims of Crime Act (VOCA) at $30 million and an additional $24 million VOCA-ARPA (American Recovery Plan Act) re-appropriations. An additional $3 million was added to the existing $750,000 in general revenue to support sexual assault services in the (SVSS) grants administered by DSS. All other core funding remained intact. Now we await approval by the Governor so it is available for FY 2024.

 

Priority Legislation

Creates the “Missouri First Responder Mental Health Initiative Act”

(Senate Bill 24)

RIGHTS OF VICTIMS OF CRIMES

(modifies RSMo.  595.209)

This act adds that the victim shall be notified by certified mail or by electronic mail.

Under current law, victims of certain crimes shall be notified by the prosecutor’s office and law enforcement of certain filings or status updates in the criminal case of which he or she is a victim.

RURAL EMERGENCY HOSPITALS

(modifies RSMo. 197.020)

This act modifies the term “hospital” for purposes of licensure to include facilities designated as rural emergency hospitals by the Centers for Medicare and Medicaid Services. The impact of this change has yet to be seen and we will keep you informed as we learn more.

FENTANYL TESTING

(creates RSMo.  579.088)

Under this act, it is now lawful to manufacture, possess, sell, deliver, or use any device, equipment, or other material for the purpose of analyzing controlled substances to detect the presence of fentanyl or any synthetic controlled substance fentanyl analogue.

 

Modifies provisions relating to access to public records of the Missouri highway patrol

(Senate Bill 28)

BIRTH CERTIFICATES FOR VICTIMS OF DOMESTIC VIOLENCE

(modifies RSMo. 193.265)

This act waives any required fees for the issuance or copy of a birth certificate if the request is made by a victim of domestic violence or abuse and if the victim provides documentation signed by an employee, agent, or volunteer of a victim service provider, attorney, or health care or mental health professional stating that such person believes that the victim has been involved in an incident of domestic violence or abuse. A victim may only be eligible once for the fee waiver.

 

Modifies provisions relating to child support and custody

(Senate Bill 35)

Child Support and Custody

(modifies RSMo. 452.375, 454.1005)

Bills to create a court’s presumption of 50/50 custody have been before the legislature for years. Each year MOCADSV advocated that if it should pass it would include provisions for victims of domestic violence. It made it across the finish line this year when it was included in a larger child support reform bill. The domestic violence provisions are included in this bill and changed the original language from clear and convincing to a preponderance of evidence.

This act adds a rebuttable presumption when determining child custody arrangements that an award of equal or approximately equal parenting time to each parent is in the best interests of the child.

However, such presumption may be rebutted by a preponderance of the evidence as specified in the act, including an agreement by the parents on all issues related to custody or a finding by the court that a pattern of domestic violence has occurred.

Additionally, current law requires a court considering child custody to consider and enter written findings of fact and conclusions of law on the child’s wishes as to his or her custodian. This act modifies this provision to require that the court instead consider the child’s unobstructed input, free of coercion and manipulation, as to his or her custodial arrangement.

Part of the child support reform aspects of this bill provides that the hearings to determine whether the suspension of a business, occupational, professional, recreational, or other license is appropriate when an obligor is not in compliance with a child support order shall comply with due process and shall consider all relevant factors, including the obligor’s current and past ability to pay the support, his or her need for transportation, experiencing a life-changing event, including divorce or domestic violence, and his or her need for the license for continued employment.

 

Modifies provisions relating to health care

(Senate Bill 45)

OFFICE OF CHILD ADVOCATE

(modifies RSMo. 37.725)

Currently, the identity of a complainant or recipient shall not be disclosed by the Office of Child Advocate unless they or their legal representative consents or a court orders the disclosure. This act permits disclosure of such identities if the Child Advocate determines that disclosure to law enforcement is necessary to ensure immediate child safety.

TRANSITIONAL BENEFITS FOR TANF, SNAP, AND CHILD CARE

(modifies RSMo. 208.035 and 208.053)

The impact of this change will be significant for recipients whose monthly income has exceeded the maximum allowable income for program eligibility. So, for those who may receive a salary increase or promotion that could have put them dollars above the eligibility threshold they won’t have an immediate withdrawal of benefit payments.

This act establishes, subject to appropriations, a transitional benefits program for Temporary Assistance for Needy Families (TANF) and the Supplemental Nutrition Assistance Program (SNAP). Such transitional benefits shall be designed to assist recipients of such programs whose monthly income has exceeded the maximum allowable income for program eligibility to continue receiving reduced benefits, as described in the act. Recipients of transitional benefits shall comply with all requirements of each program for which they are eligible, including work requirements. Transitional benefits received under this act shall not be included in the lifetime limit for TANF benefits.

This act modifies provisions relating to transitional child care benefits by expanding the Hand-Up pilot program statewide for individuals whose incomes exceed the maximum allowable amount for the full child care subsidy benefit. Transitional child care benefits shall be reduced benefits determined on a sliding scale as the recipient’s income increases, with the recipient paying the remainder of the fee to the child care provider. Additionally, this act removes the expiration date of the Hand-Up program.

PUBLIC ASSISTANCE APPLICATIONS

(modifies RSMo. 208.066 and 208.072)

Under this act, the Department of Social Services, subject to federal approval, shall limit any initial application for SNAP, TANF, child care assistance, or any medical assistance or health insurance program to a concise, non-duplicative, and easily accessible form on the Department’s website. Program participants who are required to complete a periodic eligibility review form may submit such form as an attachment to their Missouri state individual income tax return if the eligibility review form is due at the same time as the tax return. Such eligibility forms shall also be made accessible on the Department of Revenue’s website.

MO HEALTHNET ELIGIBILITY REDETERMINATIONS

(modifies RSMo. 208.239)

Finally, within 30 days of the effective date of this act, the Department of Social Services shall resume annual MO HealthNet eligibility redeterminations, renewals, and post-enrollment verifications.

 

Modifies provisions relating to public health

(Senate Bills 45, 106 and House Bill 402)

PATIENT EXAMINATIONS

(modifies RSMo. 191.240):

Under this act, no health care provider, or any student or trainee under the supervision of a health care provider, shall perform a patient examination, defined as a prostate, anal, or pelvic examination, upon an anesthetized or unconscious patient in a health care facility, unless: (1) the patient or person authorized to make health care decisions for the patient gives specific informed consent for nonmedical purposes, (2) the patient examination is necessary for diagnostic or treatment purposes, (3) the collection of evidence through a forensic examination for a suspected sexual assault is necessary because the evidence will be lost or the patient is unable to give informed consent due to a medical condition, or (4) emergency implied consent, as described in the act, is present. A health care provider shall notify a patient of any such examination performed.

A health care provider who violates the provisions of this act, or who supervises a student or trainee who violates the provisions of this act, shall be subject to disciplinary action by the provider’s licensing board.

MO HEALTHNET FOR PREGNANT AND POSTPARTUM WOMEN

(modifies RSMo. 208.151, 208.662)

Under this act, MO HealthNet coverage for these low-income women will include full Medicaid benefits for the duration of the pregnancy and for one year following the end of the pregnancy.

Currently, low-income pregnant and postpartum women receiving benefits through MO HealthNet for Pregnant Women or Show-Me Healthy Babies are eligible for pregnancy-related coverage throughout the pregnancy and for 60 days following the end of the pregnancy. This coverage shall begin on the effective date of the act and shall continue during any period of time the federal authorization for such coverage is in effect.

 

Other Bills of Interest

Modifies provisions relating to criminal laws

(Senate Bill 189) – Vetoed by Governor

Children & Firearms

OFFENSE OF ENDANGERING THE WELFARE OF A CHILD

(modifies RSMo.  568.045):

This act adds to the offense of endangering the welfare of a child in the first degree that any person who knowingly encourages or aids a child less than 17 to engage in any conduct violating law relating to firearms shall be guilty of a class D felony.

Firearms

BLAIR’S LAW

(modifies RSMo.  571.031)

This act establishes “Blair’s Law” which specifies that a person commits the offense of unlawful discharge of a firearm if, with criminal negligence, he or she discharges a firearm within or into the limits of a municipality. Any such person shall be guilty of a class A misdemeanor for the first offense, a class E felony for the second offense, and a class D felony for any third or subsequent offenses. These provisions will not apply if the firearm is discharged under circumstances as provided in the act.

OFFENSE OF UNLAWFUL POSSESSION OF FIREARMS

(modifies RSMo.  571.070)

Under current law, unlawful possession of a firearm is a Class D felony, unless a person has been convicted of a dangerous felony then it is a Class C felony. This act changes the penalty for the offense to a Class C felony, unless a person has been convicted of a dangerous felony or the person has a prior conviction for unlawful possession of a firearm, then it is a Class B felony.

MAX’S LAW

(modifies RSMo. 575.010, 575.353, 578.007, & 578.022)

This act, “Max’s Law”, enhances the penalty for assault on a law enforcement animal. Under current law, the offense of assault on a law enforcement animal is a Class C misdemeanor. This act provides that the offense of assault on a law enforcement animal is a Class A misdemeanor, if the law enforcement animal is not injured to the point of requiring veterinary care or treatment. The charge is a Class E felony if the law enforcement animal is seriously injured to the point of requiring veterinary care or treatment; and a Class D felony if the assault results in the death of the animal.

Additionally, exemptions to the offenses of agroterrorism, animal neglect, and animal abuse shall not apply to the killing or injuring of a law enforcement animal while working.

Finally, this act adds that any dog that is owned by or in the service of a law enforcement agency and that bites or injures another animal or human is exempt from the penalties of the offense of animal abuse.

 

With only a few weeks remaining in the 2023 legislative session, the Missouri House of Representatives passed their version of the budget and both chambers have been busy as everyone seeks to get their legislative priorities across the finish line. Many of MOCADSV’s priority bills made significant strides toward becoming law, including one of our top funding priorities.

Missouri Budget

The Missouri House has passed the budget for Fiscal Year 2024. The budget now moves to the Senate. There are only a few weeks left to finalize what will likely be two very different versions of the state budget before the Constitutional deadline arrives on Friday, May 5th. 

MOCADSV budget priorities

This year one of MOCADSV’s priorities was a significant increase in funds designated for Sexual Violence Support Services (SVSS). This year, we were able to increase the SVSS appropriations by $3 million in general revenue (GR). Previously, the line item sat at only $750,000. An earlier iteration of the bill had used Temporary Assistance for Needy Families (TANF) funds as the source instead of GR.

MOCADSV continues work on the VOCA fund balance. To date, the Governor and the House budgets both included additional funds to support stabilizing the VOCA fund balance. MOCADSV’s work now shifts to the Senate to ensure this critical funding remains intact or is increased.    

Additional budget actions

During House Budget Committee meetings earlier in March, Chairman Smith (R – Carthage) proposed significant budget changes in a committee substitute to the FY2024 budget. The initial substitute changes completely removed the $78 million recommended by the Governor for child care subsidies, removed the funding for improvements and expansion of I-70, reduced the foundation formula – the funding for Missouri’s public schools – by $187 million, removed the $46 million in enhanced FMAP funding from behavioral health and cut $44 million for behavioral health community-based homes, removed the funding for the local public health agencies incentives programs, and most notably removed all state funding from public libraries. The removal of the library funding appears to be in response to a lawsuit filed by the Missouri Association of School Librarians and the Missouri Library Association over a book banning law that passed last year. The House’s version of the state’s spending plan leaves an estimated $1.5 billion in General Revenue unspent from what Governor Parson proposed spending in his Executive Budget.

During the House floor debate on the budget, the House Budget Committee Chair alleviated some of his colleague’s frustration with his budget plan when he restored two large cuts he had previously made to the Department of Elementary and Secondary Education’s (DESE) budget.  In a series of amendments, Chairman Smith restored Governor Parson’s recommendation to fund the expansion of pre-K ($58 million) and the state’s childcare subsidy ($78 million). 

There were several contentious floor debates, the first of which was related to a series of amendments offered by Rep. Richey (R – Excelsior Springs) that would add language banning funding for “diversity, equity, and inclusion”, also known as DEI, to every state department’s budget bill. A second debate took place on the House floor over an amendment introduced by Rep. Lavender (D – Manchester) that would provide home and community-based service providers an 8.7% rate increase to match what the state had provided its employees. The amendment failed 71-73 with the narrowest vote of the evening.

The budget is now on the Senate side of the general assembly where many changes are expected to be made. Chair of the Senate Appropriations Committee, Sen. Hough (R – Springfield) said in an interview this week that one of the first things the Senate Appropriations Committee will do is scrap the amendment that would ban funding for DEI in state department budgets.

Federal Budget

At the federal level, President Biden released the Administration’s FY24 budget, a step that begins the FY24 federal funding process. While the President’s budget highlights the Administration’s policy and funding priorities, Congress ultimately makes the final decisions on federal funding.

The President’s budget included record investments in the Violence Against Women Act (VAWA) and the Family Violence Prevention and Services Act (FVPSA).

FVPSA

  • $492 million for FVPSA
    • $225 million for direct cash assistance
    • $27 million for a demonstration project to support families affected by domestic violence at the intersection of substance-use coercion, housing instability, and child welfare involvement
    • If enacted, this proposal would provide level funding for the FVPSA formula
  • $27 million for the Domestic Violence Hotline

VAWA

  • $1 billion for VAWA programs which would be an increase of $300 million from FY 2023
    • $95 million for legal assistance for victims
    • $100 million for transitional housing
    • $100 million for sexual assault services
  • The budget also invests resources into programs that meaningfully address the needs of underserved and marginalized survivors, including:
    • Culturally specific services
    • LGBTQ services programs
    • Direct cash assistance
    • Tribal jurisdiction
    • National Deaf services and services for survivors with disabilities
    • Sustained funding for restorative justice programming
    • Funding for a new focus on addressing cybercrimes, including a new national resource center on cybercrimes

DV/SA Bonus Funds

  • $52 million for DV/SA Bonus program set aside from the Department of Housing and Urban Development (HUD) Continuum of Care (CoC) Homeless Assistance Grants

VOCA

  • $1.2 billion release request from VOCA
    • $700 million below the FY 23. NNEDV anticipated that the VOCA allocation in the President’s budget would be low because deposits into the Crime Victims Fund are low at the moment
    • NNEDV is working on a number of strategies to try to keep VOCA allocations steady – it is their number one priority this year

Safe/sick days

  • Additionally the budget calls on Congress “to require employers to provide seven job-protected paid sick days each year to all workers, and ensure that employers cannot penalize workers for taking time off to address their health needs, or the health needs of their families, or to seek safety from domestic violence, dating violence, sexual assault, or stalking.”

MOCADSV Priority Bills

Bills to ban pelvic and anal exams without consent passes both chambers

This month, one of MOCADSV’s top legislative priorities has cleared both chambers of the Missouri General Assembly. Senate Bill 106, sponsored by Sen. Arthur (D – Kansas City) and House Bill 283, sponsored by Rep. Kelly (R – Mountain Grove) both ban the practice of performing pelvic and anal exams on unconscious patients without their consent. SB 106 was voted out of the Senate without opposition. Its companion bill was also voted unanimously out of the House, now both bills will go to conference committee.

Bill to provide free birth certificate passes Senate without opposition

Senate Bill 198, sponsored by Sen. Thompson Rehder (R – Sikeston), would provide domestic violence survivors the ability to receive one free birth certificate. An amendment was added to the bill that would waive driver’s license fees for homeless youth. The amendment was passed overwhelmingly. Additionally, the entire bill was voted out of the Senate without opposition and now goes to the House for a committee assignment. 

Anti-red flag gun law

House Bills 712 and 701, sponsored by Rep. Boyd (R – Hamilton) and Rep. Hardwick (R – Waynesville), are identical bills that establish the Anti-Red Flag Gun Seizure Act, declaring any federal order of protection or other judicial order for the confiscation of firearms, or accessories or ammunition therefore, from a law-abiding citizen shall be an infringement on the right to bear arms. Both bills were heard in committee towards the end of March. However, Rep Boyd’s bill, HB 712 includes a provision that defines “red flag laws” as, “Orders the removal or requires the surrender of any firearm, firearm accessory, ammunition from a Missouri citizen unless the individual has been convicted 16 of a violent felony crime or is otherwise disqualified under section 455.050 or 571.070.” The bolded text highlights the significant difference in that it exempts from anti-red flag legislation convicted violent felons (RSMo 571.070) and those ordered to not possess firearms as a condition of a protection order (RSMo 455.050).  

This session, several different bills that ban the implementation of “red flag laws,” which would allow the removal or restriction of the ownership of firearms by certain individuals who are deemed a danger. These bills are known as anti-red flag laws. Senate Bill 10, which is an anti-red flag bill that would prevent judges from ordering firearms be surrendered when granting an Order of Protection and keep law enforcement from enforcing the order, did not pass out of committee. It was defeated on a 3-3 vote with Sen. Hough (R – Springfield) joining the Democrats in opposition. MOCADSV opposes this bill. It’s likely the bill sponsor will try to bring this bill up as an amendment to another bill. MOCADSV thanks Sen. Hough for standing in opposition to this bill. When speaking publicly about his positions, Sen. Hough said “Six people lost their lives two days ago in Nashville and, you know, when I hug my kids and when I tell them to have a good day at school, I don’t want this to happen anymore.”

There are several other anti-red flag laws that have been introduced in both chambers. Senate Bill 131, sponsored by Sen. Brattin (R-Harrisonville), allows for firearm and ammunition sales to be state and local tax-exempt. During a previous Senate floor debate, the bill was amended to change the title to “tax relief” in order to include several tax credits that pertain to diapers, feminine hygiene products, durable medical devices, and food tax credits. Due to the extremely high fiscal note, the sponsor offered a new substitute to change the title back to “Firearms Relief” in order to remove all of the previous amendments.

Senate Bill 469, sponsored by Sen. Hoskins (R – Warrensburg), creates the Anti-Red Flag Gun Seizure Act.  This bill was referred to the Senate General Laws Committee.

Anti-LGBTQ+ laws

After the House and Senate members returned from their legislative spring break, the Senate picked up where they left off by continuing the debate on the highly controversial issues relating to transgender sports and gender transition procedures for minors. The Senate convened at 4:00pm on Monday, March 20, 2023, and worked for 16 hours. By Tuesday morning, a compromise was reached, and it finally ended the first major filibuster of the session. The compromise, while not welcomed by Democrats, included a ban on surgical procedures before age 18 and a four-year moratorium on hormone therapy and puberty blockers.

Senate Bill 39, sponsored by Sen. Thompson Rehder (R – Sikeston), establishes guidelines for student participation in athletic contests organized by sex was passed out of the Senate by a vote of 25-8. The bill now moves to the House to await referral to a House committee.

Other legislation

Senate Bill 129 – sponsored by Sen. Brattin (R – Harrisonville) modifies provisions relating to child custody arrangements. Bills like this have been filed each year for several years. This bill passed out of the Senate Judiciary Committee. The bill adds a rebuttable presumption when determining child custody arrangements that an award of equal or approximately equal parenting time to each parent is in the best interests of the child. This bill is commonly known as a 50/50 custody bill. The bill allows for the presumption to be rebutted by clear and convincing evidence as specified in the act, which includes a finding by a court of domestic violence or an agreement by the parents on all issues related to custody. Additionally, current law requires a court considering child custody to consider and enter written findings of fact and conclusions of law on the child’s wishes as to his or her custodian. This bill modifies this provision to require that the court instead consider the child’s unobstructed input, free of coercion and manipulation, as to his or her custodial arrangement. MOCADSV advocated for amendments and Sen. Brattin stated that he will have a Senate Committee Substitute that will change the bill from clear and convincing to a preponderance of evidence.

Senate Bill 128 – sponsored by Sen. Thompson Rehder (R – Sikeston) modifies provisions relating to costs and fees in divorce proceedings. This bill was passed out of the Senate Judiciary Committee.  Under current law, a court may order a party in a divorce proceeding to pay a reasonable amount of court costs and attorney’s fees to the other party. This act requires a court in an action to enforce a temporary order or final judgment in a divorce proceeding to order court costs and fees to be paid to the party seeking enforcement by the party against whom enforcement is sought.

House Bill 870 – sponsored by Rep. Shields (R – St. Joseph) authorizes the “Child Care Contribution Tax Credit Act”, the “Employer-Provided Child Care Assistance Tax Credit Act”, and the “Child Care Providers Tax Credit”, relating to tax credits for child care. This bill was brought up for debate on the House floor. The bill places an income cap on those who may qualify, caps the number of children which may be claimed, adds a five-year sunset, and clarifies if a state subsidy is already being received, this credit may not be claimed.

House Bill 1108 – sponsored by Rep. Hicks (R – Lake St. Louis) modifies provisions relating to the sexual offender registry. Due to the number of amendments filed under the bill, HB 1108 was referred to the House Legislative Review Committee to have the committee go through amendments and craft a House Substitute for the bill to be considered by the entire House body. 

Senate Bill 213 – sponsored by Senator Doug Beck (D-St. Louis) modifies provisions relating to child custody in paternity actions. The bill would prevent courts from awarding custody, guardianship, or unsupervised visitation in a paternity action to a parent who has been found guilty or pled guilty to specified offenses when a child is a victim. This bill was brought up for debate on the Senate floor on Tuesday, March 28th. Sen. Koenig (R-Manchester) then amended the bill to include Senate Bill 621, which requires the Children’s Division, or any child placing agency, to place a child with a person with the same religious faith as the child’s parents, or that of the child when applicable. The bill was passed by a vote of 33-0. The bill now moves to the House to wait for referral to a House committee.

Senate Bill 229 – sponsored by Sen. Coleman (R – Arnold) modifies provisions relating to Children’s Division contracts. It allows Children’s Division to contract for services for child safety and prevention services. This bill was voted out of the Senate Health and Welfare Committee.

House Bill 1196 – sponsored by Rep. Richey (R – Excelsior Springs) provides protections against ideological discrimination in postsecondary education. This bill was voted out of the House Rules Administrative Oversight Committee and has now been placed on the House Calendar to await debate by the full House.

House Bill 1058 – sponsored by Rep. Hausman (R – St. Peters) establishes the Uniform Child Abduction Prevention Act. This bill would allow individuals seeking child custody to petition the court for abduction prevention measures to protect the child. It also allows the court to issue its own motion to order abduction prevention measures in a child custody proceeding if it finds evidence that there is a credible risk of the child being abducted. The bill includes provisions regarding prior statements or arrest for domestic violence, stalking, or child abuse or neglect. This bill was brought up for debate on the House floor at the end of March. The bill includes a similar bill, House Bill 1115, sponsored by Rep. Unsicker (D – Shrewsberry).

House Bill 354 – sponsored by Rep. Davidson (R – Springfield) modifies provisions relating to MO HealthNet services for pregnant and postpartum women. A House Committee Substitute rolled the other House postpartum coverage expansion bills in with HB 354. The bill was passed out of the House Emerging Issues Committee. The Senate version of this bill, SB 45, sponsored by Sen. Gannon (R – DeSoto), is over in the House and was referred to the House General Laws Committee and scheduled for a hearing in early April.

Senate Bill 60 – sponsored by Sen. Razer (D-Kansas City) bill prohibits discrimination based upon a person’s sexual orientation or gender identity. Such discrimination includes unlawful housing practices, denial of loans or other financial assistance, denial of membership into an organization relating to the selling or renting of dwellings, unlawful employment practices, and denial of the right to use public accommodations. The bill was discussed in the Senate General Laws Committee.

House Bill 355 – sponsored by Rep. Davidson (R – Springfield) modifies and establishes provisions relating to the protection of children. Specifically, the bill changes the age a person is considered a child from seventeen to eighteen.  The bill also requires law enforcement agencies to take a missing person report from anyone on the child’s family support team and modifies the immunity and liability waiver to no longer exempt employees of the Department of Social Services and adds a penalty provision.  The bill waives driver and non-driver’s license fees for homeless youth.  Finally, the bill transfers the database of familial complaints against child care facilities from the Department of Health and Senior Services to the Department of Elementary and Secondary Education. The HCS of the bill removed the penalty and liability provisions for the agency which the child was in custody if they go missing. This bill was referred to the House Regulatory Oversight and Reform Committee at the end of March.  

Senate Bill 40 – sponsored by Sen. Thompson Rehder (R – Sikeston) modifies provisions relating to background checks. Under current law, an entity participating in the Missouri Rap Back Program may request a person’s updated criminal history record if the person has previously had a Missouri and national criminal record review within the previous six years. This act repeals the six-year requirement. This act also establishes “Emilyn’s Law,” which designates all employees of statewide athletic associations that receive public money and have at least one public school district as a member as mandated reporters. The act requires such associations to conduct a criminal background check on any person who applies for a position as a coach, a member of coaching staff, or a screened volunteer before hiring such person or allowing such person to serve as a screened volunteer. The bill was referred to the House General Laws Committee at the end of March.

Senate Bill 82 – sponsored by Sen. Coleman (R – Arnold) modifies provisions relating to public assistance. This act establishes a transitional benefits program for Temporary Assistance for Needy Families (TANF) and the Supplemental Nutrition Assistance Program (SNAP). The transitional benefits will be designed to assist recipients of such programs whose monthly income has exceeded the maximum allowable income for program eligibility to continue receiving reduced benefits, as described in the act. Recipients of transitional benefits shall comply with all requirements of each program for which they are eligible, including work requirements. This bill passed out of the Senate at the end of February and was referred to the House Children and Families Committee at the end of March. The House version of this bill, House Bill 719, sponsored by Rep. Riley (R – Springfield) was voted out of committee at the beginning of March as a House Committee Substitute. The HCS aligns the language of the bill with the Senate version. The bill has now been referred to the House Rules Administrative Oversight Committee where it waits for approval from the Rules Committee before being placed on the House Calendar.

House Bill 196 – sponsored by Rep. Henderson (R – Bonne Terre) allows for electronic notification to a victim or witness. This bill specifies that victims and witnesses entitled to receive notice of events related to certain criminal proceedings may receive notice by electronic mail. This bill was brought up for debate on the House floor at the end of March. Four amendments were adopted, which include allowing probation and parole officers to disclose privileged information during the course of a criminal matter, allows the Department of Corrections the ability to send offenders to cognitive behavior programs, allows Missouri to participate in the Interstate Compact for Adult Offenders Supervision, and requires the Parole Board to send notifications to offenders and victims for earned discharges. The bill now waits for approval from Fiscal Review.

Senate Bill 227 – sponsored by Sen. Coleman (R – Arnold) modifies provisions relating to the culpable mental state necessary for a homicide offense. This act adds that it shall not be a defense to a homicide charge that the identity of the person the offender intended to kill cannot be established. This bill passed out of the Senate and now awaits referral to a House committee.

House Bill 489 – sponsored by Rep. Baker (R – Neosho) creates provisions relating to health care. The bill establishes the “Do No Harm Act” and provides terms and definitions relating to “academic standards”, “health care-related academic programs”, “medical institutions of higher education” and “Diversity-Equity-Inclusion” or “DEI” among others.  The bill restricts health care-related professional licensing boards from having any requirements for obtaining or renewing licenses associated with DEI related materials or programs.  The bill requires medical institutions of higher education to require applicants to complete a standardized admissions test and outlines academic standards for health care-related courses of study.  Finally, the bill requires medical institutions of higher education to publish titles and syllabi for all mandatory courses, seminars, classes and trainings on a public online database, and prohibit institutions from conducting DEI audits or hiring DEI consultants. This bill was brought up for Executive Session in the House Government Accountability Committee and voted out as a House Committee Substitute. The HCS adds provisions from House Bill 700, sponsored by Rep. Hardwick (R – Waynesville), which gives an individual the right to refuse the COVID-19 and other vaccines and medical treatment and be safe from adverse actions by employers if an exemption is found to be valid. The bill was reported out of committee and now waits to be referred to a House Rules Committee.

House Bills 919 and 1081 – sponsored by Rep. Schnelting (R – St. Charles) prohibits the use of Chinese-owned social media applications on state-owned devices. This bill passed the House passed by a vote of 152-0, and now moves to the Senate to await referral to a Senate committee.  There is no two-party consent for recording in this bill.  

House Bill 81 – sponsored by Rep. Veit (R – Jefferson City) modifies provisions relating to required background checks of individuals employed by or associated with licensed residential care facilities, child placing agencies, or residential care facilities. This bill limits the individuals that must submit to such fingerprinting to employees, contractors, owners, and volunteers. Multiple amendments were added to the bill including, requiring a state and federal fingerprint check and a search of the National Sex Offender Registry for those seeking employment with vulnerable populations; requiring background checks for those 18 years of age or older and who requests enrollment in a course that takes place on school district property during regular school hours and includes students counted by the district for purposes of average daily attendance; the Department of Health and Senior Services shall require all those included in the marijuana industry to submit fingerprints to the State Highway Patrol to conduct state and federal background checks; cleans up language that requires all fingerprints to be run against the state repository or National Sex offender registry; and removes the every six-year requirement for the Missouri RAP Back Program. This was passed by the House in a vote of 154-0.  The bill now moves to the Senate where it awaits referral to a Senate committee.

Senate Bill 337 – sponsored by Sen. Crawford (R – Buffalo) modifies provisions relating to electronic notification to victims of certain crimes.  This bill was heard in the Senate Judiciary Committee on Monday, March 20th.  Under current law, victims of certain crimes shall be notified by the prosecutor’s office and law enforcement of certain filings or status updates in the criminal case of which he or she is a victim.  This act adds that the victim shall be notified by certified mail or by electronic mail.

Senate Bill 343 – sponsored by Sen. Razer (D – Kansas City) creates the offense of unlawful discharge of a firearm. This bill establishes “Blair’s Law” which specifies that a person who commits the offense of unlawful discharge of a firearm shall be guilty of a class A misdemeanor for the first offense, a class E felony for the second offense, and a class D felony for any third. This bill was passed out of the Senate Transportation, Infrastructure and Public Safety Committee.

House Bill 1005 – sponsored by Rep. Buchheit-Courtway (R – Festus) modifies provisions relating to the placement of a child with a grandparent or other relative. The bill specifies what a diligent search for a grandparent or other relative of a child removed from the custody of the parents must include. Additionally, the bill requires the Children’s Division within the Department of Social Services to file with the court information regarding any attempts made to search for relatives within 30 days of when the child was removed from their home. This bill was heard in the House Judiciary Committee.

House Bill 1170 – sponsored by Rep. Hudson (R – Cape Fair) modifies provisions relating to a child’s right to counsel and guardian ad litem. The bill removes the requirement that guardian ad litem is appointed but will require that a court with jurisdiction appoint counsel for the child in any delinquency, child abuse or neglect, or termination of parental rights proceedings. This bill was heard in the House Judiciary Committee.

House Bill 1271 – sponsored by Rep. Unsicker (D – Shrewsbury) modifies provisions relating to proceedings involving children. The bill establishes requirements for guardian ad litems (GAL). All parties must be notified by the court that the parties have a right to request one disqualification of a GAL without cause within 30 days of the appointment. Outside of the 30-day period or after exhausting the first disqualification, GALs may still be disqualified but it must be for cause. This bill was heard in the House Judiciary Committee.

House Bill 549 – sponsored by Rep. Roberts (R – Joplin) establishes procedures for a violent offender registry, which will include any person on probation or parole for first or second-degree murder. This bill specifies that the State Highway Patrol must maintain on its website a registry for violent offenders who are on probation or parole for the offense of first or second-degree murder in Missouri or for an equivalent offense in any other state or persons who were found not guilty of such offense by reason of mental disease or defect. This bill was heard in the House Crime Prevention and Public Safety Committee.

Senate Bill 284 – sponsored by Sen. Arthur (D – Kansas City) modifies provisions relating to the Missouri Housing Trust Fund.  Under current law, a user fee of four dollars is charged for the recording of any instrument with the county recorder of deeds.  An additional fee of three dollars is charged for the recording of certain instruments, such as deeds, mortgages, conveyances, and deeds of trust, which is then deposited in the Missouri Housing Trust Fund.  The county recorder of deeds collects these fees and remits them to the Department of Revenue. Under current law, the money in the Missouri Housing Trust Fund is used to financially assist households with a combined adjusted gross income equal to, or less to, certain percentages of the median family income for the geographical area. This bill modifies these provisions to include households with a combined adjusted gross income equal to or less than 50% of the median family income to be eligible for financial assistance for housing.  This act also provides that households with a combined adjusted gross income equal to, or less than 30%, shall be eligible for financial assistance for certain residential occupancy projects.  Finally, this act requires that no less than 50% of the funds shall be allocated to rental support projects. This bill was heard in the Senate Health and Welfare Committee.

Senate Bill 458 – sponsored by Sen. Coleman (R – Arnold) modifies provisions relating to child protection. This act modifies existing statutory exceptions against recognizing privileged communications in situations of child abuse or neglect to include cooperation with the Children’s Division in its activities under additional provisions of law, including child abuse or neglect investigations, termination of parental rights, and adoption and foster care. Under current law, all information provided at a family support team meeting relating to the removal of a child from the child’s home is confidential. This act modifies this provision so that all information provided at the meeting is confidential. Under this act, if a child is placed in a residential congregate setting, Children’s Division shall arrange for a qualified individual to complete an assessment of the child within 30 days to determine the child’s placement options and short-term and long-term goals. This bill was referred to the Senate Health and Welfare Committee.

Senate Bill 491 – sponsored by Sen. Cierpiot (R – Lee’s Summit) modifies provisions relating to abortion, including the importation and distribution of drugs used to perform or induce abortions. Under this act, a person or entity commits the offense of trafficking abortion-inducing drugs if such person or entity knowingly imports, exports, distributes, delivers, manufactures, produces, prescribes, administers, or dispenses, or attempts to do so, any medicine, drug, or other means or substance to be used to induce an abortion on another person in violation of state or federal law. This bill was referred to the Senate Health and Welfare Committee.

Senate Bill 225 – sponsored by Sen. Schroer (R – O’Fallon) creates provisions relating to the liability of businesses prohibiting firearms on the premises. The bill assigns custodial liability for the safety of any person to any business which prohibits the possession of firearms on its premises. The bill also includes the explicit duty of the business to guard people against criminal or harmful acts committed by a third party. Finally, the bill provides businesses that allow the lawful possession of firearms on the premise to have immunity from liability. This bill passed out of the Senate Transportation Committee.

House Bill 454 – sponsored by Rep. Coleman (R – Grain Valley) modifies provisions relating to criminal offenses involving a child. Currently, a statement made by a child under the age of 14 that would otherwise be inadmissible in court, including a visual and an aural recording of a verbal or nonverbal statement of that child, is admissible in court. This bill changes the age to children under 18. The bill also adds that a visual and an aural recording of a verbal or nonverbal statement of a vulnerable person, as defined in the bill, is also admissible. This bill also modifies the offense of enticement of a child by increasing the age of the victim from less than 15 years old to less than 17 years old. Additionally, the bill modifies the penalty provisions for the offense of patronizing prostitution. Currently, the penalty distinctions are for older than 14 years of age and 14 or younger. This bill increases the age from 14 to 15 years old and modifies the offense of patronizing prostitution if the individual is 15 years of age or younger from a class D felony to a class B felony. This bill passed out of the House and now moves to the Senate to await referral to a Senate committee.

House Bill 301 – sponsored by Rep. Roberts (R – Joplin) modifies and establishes provisions relating to public safety. This bill was passed as a Senate Committee Substitute out of the Senate Judiciary Committee at the beginning of the month. The SCS removed provisions regarding the Missouri Special Prosecutor Appointment Committee; added armed criminal action to the list of offenses outlined in the bill; and removed the provision requiring DOC to help qualified, recently released offenders apply for Medicaid benefits. The bill now waits to be reported out of committee before being placed on the Senate Calendar.

House Bill 721 – sponsored by Rep. Riley (R – Springfield) establishes provisions protecting transportation network companies from vicarious liability. This bill exempts transportation network companies (TNCs) such as Uber and Lyft from any vicarious harm arising out of the use of the digital network by a TNC driver if the TNC is not negligent under the law and the TNC has otherwise fulfilled all of its legal obligations to the TNC driver.  The sponsor informed the committee the intent of the legislation is to remove vicarious liability from TNCs as numerous frivolous lawsuits have been filed against TNCs. This bill was heard in the House Judiciary Committee at the beginning of March. 

House Bill 677 – sponsored by Rep. Copeland (R – Salem) allows the Office of Child Advocate to disclose the identity of a complainant or recipient if requested by law enforcement as part of an investigation. The bill passed the House and now moves to the Senate to await referral to a Senate committee.

House Bill 351 – sponsored by Rep. Christofanelli (R – St. Peters) authorizes a sales tax exemption for the purchase of diapers and feminine hygiene products. It was referred to the House Committee on Children and Families at the beginning of March.

House Bill 981 – sponsored by Rep. Evans (R – West Plains) changes provisions relating to orders of protection. This bill changes the definitions of “adult” and “child” related to orders of protection. “Adult” is now defined as someone 18 years of age or older, increased from 17, and “child” is defined as someone under 18 years of age, increased from 17. The bill was referred to the House Committee on Judiciary.

Senate Bill 160 – sponsored by Sen. Schroer (R – O’Fallon) modifies provisions relating to public funding of abortion facilities, affiliates and provisions relating to MO HealthNet providers. This bill would prohibit the use of any public funds, including reimbursement from Missouri’s Medicaid program (MO HealthNet). This bill passed out of the Senate Health and Welfare Committee at the beginning of the month.

February was a big month for MOCADSV, and our members, with several of our priority bills moving through the legislative process, and three successful Capitol Advocacy Days. The Missouri General Assembly will adjourn for spring break from March 10-17, 2023.

Capitol Advocacy Days

This month, more than 60 advocates from member agencies came to Jefferson City to speak with their legislators about the life-changing work their agencies provide, and legislation that will impact the survivors they serve. Capitol Advocacy Days provide members with the opportunity to put our public policy mission – we change laws, we change lives – into action. Participants shared survivor stories, and the impact legislation and appropriations have at their agencies and in their communities.

Pelvic exam bills gain traction

Earlier this month, House Bill 283 was heard in the House Children and Families Committee. This bill relates to a patient’s right to informed consent before having a pelvic, anal or prostate exam performed while they are under anesthesia or unconscious. MOCADSV testified in support of the bill alongside one of our member agencies. The bill was voted out of the House committee and then passed out of the House consent committee. The next step is for the bill to be scheduled to go to the House floor for debate. This month the Senate companion bill, Senate Bill 106, also had a hearing. MOCADSV testified in support alongside another member agency. Senate Bill 106 was also voted out of committee, and awaits being scheduled for Senate floor debate.

Hearing held on bill for free birth certificate for survivors

MOCADSV testified in support of Senate Bill 198, which would allow a domestic violence survivor to obtain one free birth certificate. Currently, the primary concern brought up by some legislators was the fiscal note attached to the bill, and the potential added responsibility on the Department of Health and Senior Services to process these requests.

Expanding postpartum services in Missouri’s Medicaid program

The House Emerging Issues Committee heard four bills relating to Medicaid coverage for postpartum women: House Bills 254, 354, 965, and 957. The bills are identical and the House companions to Senate Bill 45. Currently low-income pregnant and postpartum women are eligible for full Medicaid benefits up to 60 days after pregnancy. The bill seeks to extend the full Medicaid benefits for up to one year after pregnancy. MOCADSV testified in support of the bill, and no opposing testimony was provided.

Hearing on bill that limits discussion of gender identity and sexual orientation in schools

Senate Bill 134, which prohibits the discussion of gender identity or sexual orientation by school personnel, was heard in the Senate Committee on Education and Workforce Development. The bill prohibits any school nurse, counselor, teacher, principal, or other personnel at a public or charter school from discussing gender identity or sexual orientation with a student unless such person is a licensed mental health provider with prior parental permission. A Senate Committee Substitute was offered to prohibit a school official from withholding information regarding a student’s gender identity from the student’s parent and establishes reporting requirements if a student expresses confusion about their gender identity or requests to use personal pronouns that differ from their sex as registered by their parent during enrollment. After two hearings, the bill was passed out of committee.

MOCADSV opposes this bill and had our lobbying partners meet with the bill sponsor to share our concerns. Our primary concern is the potential freezing effect it would have on victims of dating violence, sexual harassment and assault, as well as for any victims of sexual abuse who aren’t safe at home or have a trusted adult to disclose to and seek help.

Additional legislative updates

  • House Bills 281 and 185 were heard in the House Judiciary Committee this month. These bills are related to shared parenting, typically known as 50/50 custody bills. MOCADSV has obtained an exception in situations involving domestic violence, and will continue to monitor. MOCADSV does not have a stance since our position has long been to have exceptions for domestic violence.
  • Senate Bill 129 is the senate companion bill for HBs 218 and 185. Currently, we are working with the bill sponsor to make the change from “clear and convincing” to “preponderance of the evidence”.
  • House Bill 367 was heard in the House Judiciary Committee. The bill extends the statute of limitations for child victims of sexual abuse, as well as other certain vulnerable populations, from age 31 to age 55.  It also includes a revival of the statute of limitations for those whose cases were dismissed due to the statute of limitations, and finally creates a cause of action against certain non-perpetrators who failed to protect the victim. MOCADSV testified in support of the bill alongside Missouri KidsFirst, and several sexual abuse survivors presented supporting testimony. Many of the survivors who testified had experienced sexual abuse at Kanakuk in Branson, Missouri.

Other Legislation of Interest

  • House Bill 1081 modifies and establishes provisions relating to protecting a person’s privacy. This bill was heard in the House Homeland Security Committee and seeks to modify and establish provisions related to recording conversations and protecting a person’s privacy. The sponsor is currently working on changes, but the intent of his bill is to protect people from situations such as people recording conversations and editing to post it on social media platforms. Currently, we are working with the bill sponsor to ensure there are provisions relating to sexual harassment, and violations to domestic violence, sexual assault and/or stalking Orders of Protection.
  • House Bill 1108 modifies provisions relating to the sexual offender registry and would add more individuals who would be required to register for their lifetime. This had a hearing in the House Judiciary Committee.

Budget for Fiscal Year 2024

MOCADSV staff are working with representatives on the budget committees on two of our top priorities for this session, increasing the funds designated specifically for sexual violence support services, and stabilizing the VOCA fund. During Capitol Advocacy Days, many of our members reported positive responses to these two appropriations asks, and these conversations with legislators throughout the month have been helpful in demonstrating the widespread need and support for them.

The House Appropriations Sub-Committee on Mental Health, Health and Senior Services, and Social Services held a hearing this month and various line items of interest were increased, including:

FY 2024 Budget

The House Appropriations Sub-Committee on Mental Health, Health and Senior Services, and Social Services met on Wednesday, February 15th to mark-up their three state departments’ budgets for Fiscal Year 2024.  During the hearing, Chairman Rep. Black (R – Marshfield) increased various line items of interest, including:

  • New decision item within Sections 11.070 & 11.305 – Implementation of Redaction/Child Trafficking Prevention = $309,850 FTE General Revenue funding & $101,394 Federal funding along with 6 FTE (employees)
  • New decision item within 11.220 – Victims of Crime Act (VOCA) = $5,000,000 GR
  • New decision item within Section 11.225 – Assistance for Victims of Sexual Assault – $3,000,000 TANF
  • New decision item within Section 11.785 – Women & Minority Health Care Outreach Programs – $750,000 GR with language that requires a 50/50 match by recipient.

Also, during the mark-up process the information technology federal funding within the Victims of Crime Act (VOCA) was decreased by $1 million. The department indicated this is funding that will not be used. 

To view our full list of priority bills review the January 2023 Legislative Update.

This month marked the start of the 2023 legislative session. During the first half of the month, MOCADSV spent time reviewing filed bills and narrowing down our list of priorities on what we are supporting, opposing, and monitoring. Below is a list of priority bills, however, it may change as new bills may be filed through March 1, 2023.

MOCADSV testifies in support of Senate Bills 45 and 90

On Wednesday, January 18, 2023, the Senate Committee on Health and Welfare held a hearing for SBs 45 and 90, which seek to expand Missouri HealthNet, Missouri’s Medicaid program, benefits to low-income pregnant and postpartum women for the duration of the pregnancy and for one year following the end of the pregnancy. MOCADSV testified in support of both bills, alongside several other advocacy groups.

Governor Parson delivers State of the State address

On Wednesday, January 18, 2023, Governor Parson delivered his State of the State address, outlining his administration’s priorities for the upcoming year. Highlights include:

  • Expanding high-speed broadband internet access to all Missouri homes and businesses
  • Creating new childcare tax credit programs and subsidies, as well as expanding pre-kindergarten access to low-income families
  • Increasing funding to the Department of Health and Senior Services to improve Missouri’s maternal mortality rate

Additional Legislative Updates

  • Two of MOCADSV’s priority bills, House Bill 283 and Senate Bill 106, both relate to informed consent for medical exams, and are likely to be heard in their respective committees the week of February 6, 2023.
  • Governor Parson has released his budget recommendations, and now the House and Senate appropriations committee meetings begin. The Governor’s recommendations are only recommendations and it is up to the Missouri General Assembly to pass a budget.

Capitol Advocacy Days

Throughout the session, MOCADSV is in the Capitol working on public policy priorities to support survivors and the advocates who serve them, but Capitol Advocacy Days are an opportunity for advocates to support our work by telling the story of the lifesaving services your agency provides. Advocates work with survivors every day and have special insight into the impact of the decisions made by the Missouri General Assembly. Capitol Advocacy Days will take place on February 8, 15, and 22. These events are members-only. We highly encourage members from across Missouri to sign up for one of these dates to put into action our public policy mission: We Change Laws. We Change Lives.

Bills we are tracking

 

Support

 
House Bill 32 – Modifies the offense of unlawful possession of a firearm
Sponsored by Rep. Richard Brown (D)

Currently, a person is in unlawful possession of a firearm if that person knowingly possesses a firearm and has been convicted of a felony by any state, is a fugitive from justice, is habitually intoxicated, or has been found mentally incompetent. This bill expands unlawful possession of a firearm to include any person who has been convicted of domestic assault, is in the United States illegally, was dishonorably discharged from the United States Armed Forces, has renounced their United States citizenship, or has an order of protection issued against them.

This bill contains an emergency clause. This bill is similar to HB 1458 (2022).

House Bill 71 – Modifies provisions relating to vital records
Sponsored by Rep. Chris Dinkins (R)

This bill provides a victim of domestic violence or abuse a one- time fee waiver for obtaining a copy of a birth certificate. To qualify, the victim must provide documentation signed by an employee, agent, or volunteer of a victim service provider, an attorney, or a health care or mental health professional, from whom the victim has sought assistance relating to the domestic violence or abuse that states, under the penalty of perjury, that the victim has been involved in an incident of domestic violence or abuse.

This bill is similar to HCS HB 1300 (2020).

House Bill 283 – Creates provisions relating to patient examinations
Sponsored by Rep. Hannah Kelly (R)

This bill provides that a health care provider, or any student or trainee under the supervision of a health care provider, may not knowingly perform a prostate, anal, or pelvic examination on an anesthetized or unconscious patient unless the patient or a person authorized to make health care decisions for the patient has given informed consent, the examination is necessary for diagnostic or treatment purposes, or the examination is necessary for the collection of evidence through a forensic examination for a suspected sexual assault on the patient because the evidence will be lost or the patient is unable to give informed consent due to a medical condition. A health care provider or supervised student or trainee who violates the provisions of this bill shall be subject to discipline by any licensing board that licensed the health care provider.

This bill is similar to HCS HB 1742 (2022); SB 746 (2022); and HB 459 (2021).

House Bill 367 – Establishes provisions relating to civil actions for vulnerable victims of sexual abuse
Sponsored by Rep. Brian Seitz (R)

This bill creates a cause of action for vulnerable victims of sexual abuse. “Sexual abuse” is defined in the bill and includes certain sexual offenses included in Chapters 566 and 573, RSMo. “Vulnerable victim” is defined as a person who was disabled, a minor, or both at the time he or she was a victim of sexual abuse. The bill allows a vulnerable victim to bring a civil action against any party who committed sexual abuse against the victim or whose tortious conduct caused the vulnerable victim to be a victim of sexual abuse. The action must be brought prior to the victim turning 55 years old.

House Bill 406 – Creates provisions relating to patient examinations
Sponsored by Rep. Jo Doll (D)

This bill prohibits a health care provider from knowingly performing a pelvic, rectal, or prostate examination to any patient who is anesthetized or unconscious in a health care facility, unless the patient has given specific informed consent to the examination, the examination is necessary for diagnostic or treatment purposes, or a court orders the examination for the collection of evidence. A person who violates this section is subject to discipline from any licensing board that licenses the health care provider.

This bill is similar to HB 459 (2021).

Senate Bill 45 – Modifies provisions relating to MO HealthNet services for pregnant and postpartum women
Sponsored by Sen. Elaine Gannon (R)
Senate Bill 90 – Modifies provisions relating to MO HealthNet services for pregnant and postpartum women
Sponsored by Sen. Tracy McCreery (D)

Currently, low-income pregnant and postpartum women receiving benefits through MO HealthNet for Pregnant Women or Show-Me Healthy Babies are eligible for pregnancy-related coverage throughout the pregnancy and for 60 days following the end of the pregnancy. Under this act, MO HealthNet coverage for these low-income women will include full Medicaid benefits for the duration of the pregnancy and for one year following the end of the pregnancy. This coverage shall begin on the effective date of the act and shall continue during any period of time the federal authorization for such coverage is in effect. Currently, the federal American Rescue Plan of 2021 has authorized 5 years of this coverage.

Senate Bill 59 – Modifies provisions relating to unlawful possession of firearms
Sponsored by Sen. Doug Beck (D)

ADULT AND CHILD PROTECTION ORDERS (Section 455.050 & 455.523)
This act provides that after a hearing for any full order of protection in which an order of protection is granted, the court shall also prohibit the respondent from knowingly possessing or purchasing any firearm while the order is in effect, inform the respondent either in writing or orally, and forward the order to the State Highway Patrol for enforcement.

RECORDS SENT TO STATE HIGHWAY PATROL (Sections 565.076 & 565.227)
This act provides that upon conviction for the offenses of domestic assault in the fourth degree and stalking in the second degree, the court shall forward the record of conviction to the State Highway Patrol. The State Highway Patrol shall update the respondent’s record in the National Instant Criminal Background Check System and also notify the Federal Bureau of Investigation within 24 hours.

UNLAWFUL POSSESSION OF A FIREARM (Section 571.070)
This act provides that a person commits the offense of unlawful possession of a firearm if the person knowingly possesses a firearm and has been convicted of a misdemeanor offense of domestic violence in Missouri or any other state or is subject to an order of protection that was issued after a hearing in which the person had actual notice and had the opportunity to participate in such hearing.

This act has an emergency clause. This act is substantially similar to SB 894 (2022), HB 1655 (2022), SB 144 (2021), and HB 2131 (2020).

Senate Bill 106 – Prohibits the performance of certain patient examinations upon anaesthetized or unconscious patients
Sponsored by Sen. Lauren Arthur (D)

Under this act, no health care provider, or any student under the supervision of a health care provider, shall perform a patient examination, defined as a prostate, anal, or pelvic examination, upon an anesthetized or unconscious patient in a health care facility, unless: (1) the patient or person authorized to make health care decisions for the patient gives specific informed consent, (2) the patient examination is necessary for diagnostic or treatment purposes, or (3) a court orders the patient examination for evidentiary collection. A health care provider who violates the provisions of this act, or who supervises a student who violates the provisions of this act, shall be subject to disciplinary action by the provider’s licensing board.

This act is identical to SB 746 (2022) and substantially similar to HCS/HB 1742 (2022).

Senate Bill 198 – Modifies provisions relating to the waiver of fees for births certificates for certain victims
Sponsored by Sen. Holly Thompson Rehder (R)

This act waives any required fees for the issuance or copy of a birth certificate if the request is made by a victim of domestic violence or abuse and if the victim provides documentation signed by an employee, agent, or volunteer of a victim service provider, attorney, or health care or mental health professional stating that such person believes the victim has been involved in an incident of domestic violence or abuse. A victim may only be eligible once for the fee waiver.

This act is identical to HB 1300 (2020).

Senate Bill 416 – Modifies provisions relating to civil actions for childhood sexual abuse
Sponsored by Sen. Lauren Arthur (D)

Currently, a civil action for recovery of damages suffered as a result of childhood sexual abuse shall be brought within ten years after the victim reaches the age of twenty-one or within three years of the victim discovering that the injury or illness was caused by childhood sexual abuse, whichever is later. This act removes the statute of limitations and provides that an action for childhood sexual abuse or actions against nonperpetrator defendants in actions brought pursuant to this act shall be commenced at any time. Furthermore, this act modifies the offenses included in the definition of “childhood sexual abuse” and defines the term “actions against nonperpetrator defendants” as any action or claim to recover damages brought against a nonperpetrator defendant by any person alleging negligent or intentional failure to supervise a person that commits childhood sexual abuse, or that the nonperpetrator defendant’s conduct caused or contributed to the childhood sexual abuse by another person including, but not limited to, wrongful conduct, neglect or default in supervision, hiring, employment, training, monitoring, or failure to report, or the concealment of childhood sexual abuse.

This act shall apply to any action commenced on or after August 28, 2023, including those that would have been barred by the application of the statute of limitations prior to August 28, 2023. This act is similar to SB 1084 (2022).

Oppose

 

House Bill 60 – Provides that the court shall not order a parent to pay child support to the other parent for reasonable or necessary expenses of the child if the parents are awarded equal time with the child
Sponsored by Rep. Marlene Terry (D)

This bill specifies that, if a court-ordered custody agreement awards equal periods of custody, neither parent will be ordered to pay child support.

This bill is the same as HB 1771 (2022) and HB 81 (2021).

House Bill 81 – Modifies provisions relating to required background checks of individuals employed by or associated with licensed residential care facilities, child placing agencies, or residential care facilities
Sponsored by Rep. Rudy Veit (R)

Currently, all owners, officers, managers, contractors, volunteers with access to children, employees, and other support staff of licensed residential care facilities and licensed child placing agencies must submit fingerprints to the State Highway Patrol for state and federal criminal background checks. This bill limits those individuals that must submit to such fingerprinting to employees, contractors, owners, and volunteers. The bill also repeals the requirement that a background check include a search of the National Sex-Offender Registry.

This bill is similar to HB 2623 (2022).

House Bill 138 – Provides immunity from civil liability for disclosures by a charity, nonprofit organization, religious organization, or church of allegations of sexual misconduct
Sponsored by Rep. Doug Richey (R)

This bill specifies that no charity, nonprofit organization, religious organization, church, or any person acting on its behalf, will be held civilly liable for any communication regarding an individual made directly to another charity, nonprofit organization, religious organization, or church, or to any person acting on its behalf, if the communication concerns an allegation that the individual has committed certain offenses of sexual misconduct as specified in the bill. The bill specifies circumstances under which the immunity from liability applies or does not apply.

This bill is the same as HCS HB 1546 (2022) and similar to HB 141 (2021).

House Bill 163 – Modifies provisions relating to abortion, including the importation and distribution of drugs used to induce abortions
Sponsored by Rep. Brian Seitz (R)

This bill establishes the offense of trafficking abortion-inducing drugs if a person or entity knowingly imports, exports, distributes, delivers, manufactures, produces, prescribes, administers, or dispenses, or attempts to do so, any medicine, drug, or other means or substance to be used to induce an abortion on another person in violation of state or federal law. The offense is a class B felony. Furthermore, the bill prohibits the Board of Pharmacy within the Division of Professional Registration within the Department of Commerce and Insurance from issuing or renewing a non-resident pharmacy license if the applicant or licensee delivers directly to a patient in this state any medicine, drug, or other means or substance to be used to induce an abortion. It is also unlawful for a licensed or registered out-of-state wholesale distributor, out-of-state pharmacy acting as a distributor, drug outsourcer, or third-party logistics provider to deliver directly to a patient in this state any medicine, drug, or other means or substance to be used to induce an abortion. The penalty for a violation of this provision is the same as other unlawful acts of such entities and is a class D felony.

This bill is similar to HCS HB 2810 (2022).

House Bill 701 – Establishes the Anti-Red Flag Gun Seizure Act
Sponsored by Rep. Bill Hardwick (R)
Senate Bill 10 – Creates the Anti-Red Flag Gun Seizure Act
Sponsored by Sen. Bill Eigel (R)

This act establishes the “Anti-Red Flag Gun Seizure Act” which provides that any federal order of protection or other judicial order issued by a court to confiscate any firearm, firearm accessory, or ammunition from any law-abiding citizen shall be considered an infringement on the people’s right to keep and bear arms.
Additionally, no public agency, political subdivision, or law enforcement agency shall receive any federal funding for the purpose of enforcing any federal acts or judicial orders confiscating any firearms, firearm accessories, or ammunition.

Senate Bill 134 – Prohibits the discussion of gender identity or sexual orientation by school personnel
Sponsored by Sen. Mike Moon (R)

This act establishes the “Vulnerable Child Compassion and Protection Act”, which prohibits any school nurse, counselor, teacher, principal, or other personnel at a public or charter school from discussing gender identity or sexual orientation with a student unless such person is a licensed mental health provider with prior parental permission.

Senate Bill 262 – Modifies provisions relating to self-defense
Sponsored by Sen. Karla Eslinger (R)

Under current law, a person may use deadly force against a person who unlawfully enters or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by such person. This act adds that a person may also use deadly force against a person who unlawfully enters a place of employment, retail establishment, or other place of business in which the individual using such force has a right to be.
Additionally, a person has no duty to retreat from a place of employment where the person is not unlawfully entering or remaining.

This act is identical to SB 1134 (2022) and HB 2679 (2022).

Amend

MOCADSV is in support, while also seeking changes to the bill.

 

House Bill 161 – Establishes the “Compassionate Assistance for Rape Emergencies (CARE) Act”
Sponsored by Rep. Ian Mackey (D)

The bill establishes the “Compassionate Assistance for Rape Emergencies (CARE) Act”. The bill defines the standard of care for any health care facility that provides emergency care to a sexual assault victim as informing the victim of the option to be provided emergency contraception at the hospital and providing the complete regimen of emergency contraception if requested. The standard of care also requires the health care provider to provide sexually transmitted infection screening and treatment to the sexual assault victim. The Department of Health and Senior Services must establish rules necessary to implement the provisions of the CARE Act.

This bill is similar to HB 1944 (2022).