Missouri Press Legislative Update, Feb. 5

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Missouri Press Legislative Update, Feb. 5

Missouri Press staff has been reading and reviewing the nearly 1,300 bills that have been filed in the General Assembly. So far, 864 bills have been filed in the House and 416 bills in the Senate.

One bill of concern, HB 537, has been filed by Rep. Dean Dohrman, R-LaMonte (Pettis County). The bill would virtually shut down public information in the county assessor’s office. The bill has been assigned to the House Emerging Issues Committee.

Themes of note for this year’s bills: Requiring police to wear video cameras; ethics reforms that affect legislators and lobbyists; proposed expungements of criminal records; setting campaign contribution limits; eliminating non-judicial property foreclosures and replacing them with judicial foreclosures, deleting public foreclosure notices in newspapers.

A Shield Law bill for news reporters has been filed this week by Rep. Joe Don McGaugh: HB 858.

Missouri Press representatives have been meeting with the Missouri Police Chiefs Association executive director in an effort to draft language on the topic of access to police body cameras video.

The Missouri General Assembly convened in Jefferson City on January 7. The 2015 session is scheduled to end at 6 p.m. on May 15.

If you wish to receive a weekly legislative report from MPA consultants Gallagher & Associates, please send an email request to dcrews@socket.net . The report each Friday is a wrap-up of committee hearings and other legislative activities. (If you have been receiving the reports during past sessions, you will automatically receive the 2015 weekly reports.)

If you wish to follow bills filed in the House and Senate, use these links:

http://www.house.mo.gov/billlist.aspx (House of Representatives)

http://www.senate.mo.gov/15info/BTS_Web/BillList.aspx?SessionType=R (Senate)

Here are bills of interest to Missouri Press we’ve highlighted, as of Jan. 22:

House Bills

HB 39, sponsor: Rep. Sharon Pace — relating to police wearing video cameras

HB 53, sponsor: Rep. Rochelle Walton Gray — relating to city council member training

HB 55, sponsor: Rep. Rochelle Walton Gray — relating to civilian review boards, posting on city web sites information about civilian review boards

HB 59, sponsor: Rep. Rochelle Walton Gray — requires certain disclosures by police officer candidates

HB 63, sponsor: Rep. Tony Dugger — relating to elections, nominations of candidates in certain political races

HB 65, sponsor: Rep. Tony Dugger — relating to elections, statewide ballot measure legal challenges must be completed within 56 days prior to the scheduled election

HB 67, sponsor: Rep. Tony Dugger — omnibus elections bill

HB 75 and HB 76, sponsor: Rep. Brandon Ellington — police must wear video cameras, preserve video records for at least 30 days. Cameras to be paid for by a one percent sales tax increase.

HB 85, sponsor: Rep. Tony Dugger — certain county elective officeholders shall file ethics reports with the Missouri Ethics Commission instead of local election authorities

HB 94, sponsor: Rep. Rocky Miller — would allow state employees to run for partisan or non-partisan public office, and changes laws on political activities of state employees

HB 97, sponsor: Rep. Elijah Haahr — would require 60 percent affirmative votes to pass statewide ballot measures

HB 106, sponsor: Rep. Sharon Pace — would add class A misdemeanor offense of stealing to the list of offenses eligible to be expunged from records. This bill would amend Chapt. 610.

HB 120, sponsor: Rep. Charlie Davis — establishes the Password Privacy Protection Act

HB 136, sponsor: Rep. Donna Pfautsch — regarding audits of Transportation Development Districts

HB 137, sponsor: Rep. John McCaherty — relating to competitive bidding for license offices, administered by the Department of Revenue

HB 160, sponsor: Rep. Joe Don McGaugh — Political Accountability in Campaigning Act, would prohibit false political advertising in print or by broadcast. Affecting campaigns by candidates for statewide offices and the General Assembly. Violators could be fined up to $20,000. Retractions possible to avoid fines, if given within 14 days before election day.

HB 165, sponsor: Rep. Don Gosen — relating to advertising of alcohol prices or discounts

HB 166, sponsor: Rep. Brandon Ellington — would allow marijuana convictions to be expunged if marijuana use is legalized in Missouri by passage of a constitutional amendment

HB 170, sponsor: Rep. Brandon Ellington — specifies that a person applying for state employment, public assistance, or state housing assistance cannot be required to disclose any prior nonviolent felony plea or conviction with certain exceptions

HB 178, sponsor: Rep. Karla May — allows expungement of records for criminal non-support after eight years

HB 188, sponsor: Rep. Caleb Rowden — ethics reform bill

HB 205, sponsor: Rep. Paul Curtman — state government bidding requirements; increases in bidding thresholds. This bill requires all state purchases in excess of $10,000, adjusted for inflation annually based on the dollar’s value as of August 28, 2014, to be based on competitive bids with specified exceptions. Currently, all state purchases in excess of $3,000 must be based on competitive bids with specified exceptions. The bill requires the Commissioner of the Office of Administration to advertise and solicit bids on any state purchase with an estimated expenditure of $100,000 or more, adjusted for inflation annually based on the dollar’s value as of August 28, 2014. Currently, the commissioner must advertise and solicit bids on any state purchase on any purchase with an estimated expenditure of $25,000 or more. Currently, when the commissioner determines that the use of competitive bidding is either not practicable or not advantageous to the state, he or she is not required to base a purchase on a competitive proposal unless the purchase is in excess of $5,000. The bill changes this to a purchase in excess of $10,000 adjusted for inflation annually based on the dollar’s value as of August 28, 2014. Currently, when the commissioner determines that the use of competitive bidding is either not practicable or not advantageous to the state, he or she is not required to advertise or solicit a proposal on any purchase where the estimated expenditure is $25,000 or more. The bill changes this to an estimated expenditure of $100,000 or more adjusted for inflation annually based on the dollar’s value as of August 28, 2014. These provisions must not apply to specified reverse auctions. Currently, the commissioner may waive the requirement of competitive bids or proposals for supplies when he or she has determined in writing that there is only a single feasible source for the supplies where the estimated expenditure is more than $5,000. The bill changes this to where the estimated expenditure is more than $10,000 adjusted for inflation annually based on the dollar’s value as of August 28, 2014. Currently, the commissioner does not have to advertise or solicit proposals on any purchase of $25,000 or more for supplies where the commissioner has determined in writing that there is only a single feasible source. The bill changes this to any purchase of $100,000 or more adjusted for inflation annually based on the dollar’s value as of August 28, 2014. These provisions must not apply to specified reverse auctions.

HB 206, sponsor: Rep. Paul Curtman — Partnership for Public Facilities and Infrastructure Act. This bill’s language mentions advertising public notices on an online bidding system maintained by the state’s office of administration. The bill also would add a new exemption to the state’s Sunshine Law, closing certain records.

HB 221, sponsor: Rep. Caleb Rowden — Specifies that campaign contributions in excess of $500 must be reported within 48 hours of receiving the contribution.

HB 222, sponsor: Rep. Caleb Rowden — Specifies that any corporation which spends more than 25 percent of its overall budget to support or oppose candidates or initiatives must file all ethics reports required for a candidate.

HB 223, sponsor: Rep. Caleb Rowden — Specifies that any advertisement with the name, image, or voice of an elected official shall have a disclaimer stating whether the advertisement is paid for with taxpayer dollars.

HB 225, sponsor: Rep. Caleb Rowden — Prohibits the governor from making appointments of state legislators to positions in exchange for votes on legislation and requires gubernatorial appointments to make political contribution disclosures.

HB 226, sponsor: Rep. Jay Barnes — Specifies that all lobbyist expenditures incurred out of state must be reported within 14 days.

HB 227, sponsor: Rep. Jay Barnes — Requires an individualized, itemized listing of all lobbyist expenditures made on behalf of elected officials made outside of the capitol building.

HB 228, sponsor: Rep. Jay Barnes — Specifies that certain elected officials must wait at least one year before becoming a lobbyist.

HB 245, sponsor: Rep. Michael Butler — A bill relating to political subdivisions; includes language regarding the posting of notices on municipal and county web sites.

HB 267, sponsor: Rep. Chrissy Sommer — Requires continuing education training for school board members.

HB 296, sponsor: Rep. Mike Kelley — Establishes the First Informer Broadcasters Act that allows news broadcasters to develop comprehensive coordinated plans for preparing for and responding to an emergency or disaster.

HB 304, sponsor: Rep. Randy Dunn — Incorporates provisions relating to ethics.

HB 305, sponsor: Rep. Randy Dunn — Changes laws regarding lobbying and campaign finance disclosure.

HB 309, sponsor: Rep. Penny Hubbard — Designates provisions requiring peace officers’ employment records to be available to hiring law enforcement agencies as the “Tyrone L. Thompson Law.”

HB 313, sponsor: Rep. Jon Carpenter — Requires ethics training for statewide elected officials, General Assembly members, and executive department directors and acting directors after taking office, appointment, or employment, and every two years.

HB 316, sponsor: Rep. Wanda Brown — Requires Conservation Commission members to register as lobbyists upon appointment by the Governor, and to follow all lobbyist rules and regulations.

HB 322, sponsor: Rep. Lindell Shumake — Allows law enforcement agencies to perform a criminal record review for open records for the purpose of hiring any political subdivision employee.

HB 327, sponsor: Rep. Tracy McCreery — Incorporates numerous sections relating to lobbying reform.

HB 330, sponsor: Rep. Jay Barnes — Imposes a ban on gifts to elected officials in excess of $30.

HB 331, sponsor: Rep. Jay Barnes — Prohibits a member of the General Assembly from receiving compensation to serve as a political consultant for another member of the General Assembly.

HB 341, sponsor: Rep. Tony Dugger — Specifies that beginning Jan. 1, 2016, certain elective county offices must file ethics reports with the Missouri Ethics Commission instead of local election authorities.

HB 342, sponsor: Rep. Kevin McManus — Changes the laws regarding campaign finance reform.

HB 368, sponsor: Rep. Kevin Austin — Modifies provisions relating to Address Confidentiality Program.

HB 370, sponsor: Rep. Kenneth Wilson — Establishes restrictions on the operation of unmanned aircraft (drones).

HB 401, sponsor: Rep. Lyndall Fraker — Removes the sunset from provisions related to amending county budgets.

HB 417, sponsor: Rep. Robert Cornejo — Changes the laws regarding ethics.

HB 425, sponsor: Rep. Justin Alferman — Prohibits a lobbyist from making a single contribution of more than $5 or $25 annually to any statewide elected official, General Assembly member, or Supreme Court judge.

HB 426, sponsor: Rep. Kathryn Swan — Modifies provisions relating to lobbying.

HB 430, sponsor: Rep. Paul Curtman — Establishes the Taxpayer Transparency Act of 2015 that requires state departments to indicate in certain educational and advertising materials that the materials are produced and disseminated at taxpayer expense.

HB 463, sponsor: Rep. Kurt Bahr — Prohibits the payment of professional membership dues of any school administrator or superintendent from the incidental fund or teachers fund of a school district.

HB 464, sponsor: Rep. Caleb Rowden — This bill prohibits any member of the University of Missouri Board of Curators from voting to appoint, hire, or employ in any way in any position in the university any person who appointed him or her to the board. Any such vote taken by a curator will be null and void. Any curator who violates this prohibition will immediately forfeit his or her curator position.

HB 479, sponsor: Rep. Jay Houghton — Exempts data collected by state agencies under the federal Animal Disease Traceability Program from disclosure under Missouri’s Sunshine Law. Missouri Press Association representatives met Jan. 21, with Rep. Houghton on this issue and are working on a compromise solution.

HB 504, sponsor: Rep. Gail McCann Beatty — Changes the laws regarding election authorities and the filing of specified statements and disclosure reports with the Missouri Ethics Commission.

HB 509, sponsor: Rep. Ben Harris — Changes provisions relating to ethics, conflicts of interest, lobbying, and campaign finance.

HB 526, sponsor: Rep. Gail McCann Beatty — Repeals the provisions regarding nonjudicial foreclosure proceedings and requires all foreclosure proceedings to be handled judicially beginning Aug. 28, 2015, eliminating public notice in newspapers.

HB 533, sponsor: Rep. Tony Dugger — Specifies that if a candidate withdraws from an election within two days of the filing deadline, the deadline shall be extended.

HB 537, sponsor: Rep. Dean Dohrman — Modifies provisions relating to the use of geographic records. This bill would prevent a person from obtaining records in the county assessor’s office if the assessor determines that an individual or business entity is requesting the information for the purpose of conducting business solicitations or resale. Also, the bill would close public records that are requested by an individual who is not a resident of Missouri or records requested by a business entity that is not physically located in Missouri.

HB 560, sponsor: Rep. Michael Butler — Prohibits employers from inquiring into or considering the criminal records of applicants before offering a conditional offer of employment.

HB 574, sponsor: Rep. Elijah Haahr — Creates the Missouri Civics Education Initiative. HB 578, sponsor: Rep. Kathryn Swan, and HB 584, sponsor: Rep. Jeremy LaFaver — similar bills to HB 574.

HB 590, sponsor: Rep. Andrew Koenig — Modifies numerous changes to taxation laws; includes deleting sales tax exemption for newspaper manufacturing.

HB 644, sponsor: Rep. Joe Don McGaugh — Prohibits members of the General Assembly from serving as paid employees of any organization that has designated registered lobbyists in this state.

HB 658, sponsor: Rep. Robert Ross — Allows school districts to develop policies on student recognition for participation in the Constitution Project of the Missouri Supreme Court.

HB 659, sponsor: Rep. Robert Ross — Prohibits the use of public funds for lobbying purposes.

HB 678, sponsor: Rep. Caleb Rowden — Requires each session, joint session, and committee meeting of the House of Representatives and the Senate that is held in the Capitol building to be broadcast on the internet via audio and video live stream.

HB 696, sponsor: Rep. Lyndall Fraker — Modifies provisions relating to the printing of the official state manual (Blue Book). The bill would require the secretary of state to publish 5,000 copies of the Blue Book, every two years, and distribute them to state, judicial and county officers and each high school library in the state. Each member of the general assembly would receive 10 copies of the book. Surplus volumes would be distributed throughout the state.

HB 732, sponsor: Rep. Jeremy LaFaver — Prohibits General Assembly standing committees from holding meetings at any location other than the Capitol grounds.

HB 744, sponsor: Rep. Nick Marshall — This bill requires the Commissioner of the Office of Administration to install, operate, and maintain an audio and visual recording of the main entrance to the official offices in the capitol building of the Governor, Lieutenant Governor, Speaker of the House of Representatives, and President Pro Tem of the Senate. The recording must be broadcast live on the Internet and must be archived for at least 75 years. The method of archiving the recording must allow for reproduction of specific time frames of video upon request. The commissioner must develop a request form to reproduce video that must be made available on-line and in print form for which the requester may be charged up to $10 per hour of recording. A registered lobbyist is prohibited from entering or exiting the office of these elected officials except through the main entrance specified to the commissioner and from discussing any bill, law, contract, or bid for contract with these elected officials unless the discussion takes place in the official’s capitol office. Any willful violation of these provisions by a registered lobbyist will be a class A misdemeanor and any willful violation by one of the elected officials will be cause for removal from office.

HB 762, sponsor: Rep. Galen Higdon — Specifies information acquired by law enforcement via a dashboard camera or a body camera shall be inaccessible to the general public.

HB 798, sponsor: Rep. Chrissy Sommer — Requires school districts to post certain financial information on the district’s website for free public access.

HB 831, sponsor: Rep. Mike Cierpiot — Creates the “Curriculum Transparency Act” which requires public colleges and universities to publicize the curriculum.

HB 848, sponsor: Rep. Kenneth Wilson — Expands the crime of invasion of privacy to include the use of a drone to photograph, film, videotape, produce, or otherwise create an image of another person without his or her consent.

HB 858, sponsor: Rep. Joe Don McGaugh — Provides that certain persons may not be required to disclose news sources or information (Shield Law for reporters).

Also, 39 proposed constitutional amendments have been filed in the House of Representatives, to date.
Senate Bills

SB 2, sponsor: Sen. David Pearce — establishes campaign contribution limits for individuals and party committees. $5,000 statewide candidates; $2,500 state senate candidates; $1,250 state representative candidates.

SB 11, sponsor: Sen. Ron Richard — ethics reform bill

SB 14, sponsor: Sen. Brian Munzlinger — requires every state department and division, including statewide elected officials, to make available the contracts of outside law firms performing legal services for their department or division

SB 21, sponsor: Sen. Maria Chappelle-Nadal — relating to police wearing video cameras and preserving video recordings for at least 30 days

SB 22, sponsor: Sen. Maria Chappelle-Nadal — relating to charter schools. Chapt. 160.405 4. (4) does currently require publication of charter schools’ annual financial reports and audit reports in newspapers

SB 44, sponsor: Sen. Jamilah Nasheed — prohibits employers from inquiring into or considering the criminal records of applicants before offering a conditional offer of employment

SB 48, sponsor: Sen. Scott Sifton — institutes a gift ban for members of the General Assembly and their candidate committees

SB 96, sponsor: Sen. Paul LeVota — relating to campaign contribution limits: $10,000 for statewide candidates; $5,000 for state senators; $2,000 for state representatives and any other offices, including judicial

SB 97, sponsor: Sen. Paul LeVota — modifies membership (increasing from six to eight commissioners) and function of the Missouri Ethics Commission and sets campaign contribution limits at same levels as SB 96

SB 100, sponsor: Sen. Paul LeVota — expands the list of offenses eligible for expungements to include possession of a controlled substance or imitation controlled substance, criminal nonsupport, first degree tampering, first degree property damage, stealing offenses, misdemeanor speeding offenses, and the class A misdemeanor of peace disturbance. In addition, this bill specifies that, when a petitioner requests the expungement of records that have been closed because the person received a suspended imposition of sentence, the court must accept the petition under seal and the hearing is only open to the named defendants.

SB 104, sponsor: Sen. Will Kraus — legal challenges to initiatives and referendums must be fully adjudicated more than 56 days prior to election day

SB 110, sponsor: Sen. Kurt Schaefer — This bill prohibits any member of the University of Missouri Board of Curators from voting to appoint, hire, or employ in any way in any position in the university any person who appointed him or her to the board. Any such vote taken by a curator will be null and void. Any curator who violates this prohibition will immediately forfeit his or her curator position.

SB 117, sponsor: Sen. Dan Brown — relating to the process of selecting candidates for special elections, including notice of elections

SB 123, sponsor: Sen.-elect Jill Schupp — relating to ethics reform and campaign contribution limits

SB 124, sponsor: Sen.-elect Jill Schupp — relating to campaign contribution limits

SB 134, sponsor: Sen. Jason Holsman — creates a method for publicly financing election campaigns for legislative and statewide candidates and caps contributions to political party committees.

SB 147, sponsor: Sen. Rob Schaaf — modifies the law relating to the ethical behavior of public officials and lobbyists.

SB 165, sponsor: Sen. Jamilah Nasheed — This act allows any person found guilty of prostitution, a misdemeanor or felony drug crime not involving a weapon, a misdemeanor or felony offense of criminal nonsupport, and most municipal ordinance violations and misdemeanors to file a petition for expungement of one or more offenses with the civil division of the court in which the offenses sought to be expunged were adjudicated. The following offenses are not eligible for expungement – intoxicated-related driving offenses, sexual offenses, violations of protection orders, second degree endangering the welfare of a child, leaving a child unattended in a motor vehicle, and traffic and drug offenses when the offender holds a commercial driver’s license.

SB 183, sponsor: Sen. Kiki Curls — Repeals the provisions regarding nonjudicial foreclosure proceedings and requires all foreclosure proceedings to be handled judicially beginning Aug. 28, 2015, eliminating public notice in newspapers.

SB 211, sponsor: Sen. Gina Walsh — Allows human trafficking victims to participate in the address confidentiality program administered by the Secretary of State.

SB 271, sponsor: Sen. Ryan Silvey — Requires high school students and students seeking a high school equivalency certificate to receive a passing grade on a basic civics test.

SB 273, sponsor: Sen. Jeanie Riddle — similar bill as SB 271.

SB 307, sponsor: Sen. Kiki Curls — Provides that a person may petition for expungement of records relating to any infraction, municipal offense, misdemeanor, or felony, except any offense involving the use or possession of a weapon or the infliction of forcible compulsion, physical injury, or death upon another person, or any offense requiring registration on the sex offender registry. Provides that a person may petition for expungement 10 years after completing sentence or probation for a felony and 5 years after completing sentence or probation for a misdemeanor, infraction, or municipal offense.

SB 326, sponsor: Sen. David Sater — This bill repeals the 2016 expiration date on a provision that allows counties to decrease their annual budgets.

SB 331, sponsor: Sen. Doug Libla — Under this bill, any footage from a camera worn by a police officer or attached to a police officer’s vehicle, watercraft, aircraft, or other device is not a public record and may not be released by a law enforcement agency except upon court order. The bill prohibits the state from requiring peace officers to wear cameras or attach cameras to their vehicles, aircraft, watercraft, or other devices. The state is also prohibited from requiring law enforcement agencies to provide such cameras to their officers.

SB 356, sponsor: Sen. Jamilah Nasheed — Under this bill, each law enforcement agency in a city of 100,000 population or more must require its officers to wear a body-worn camera at all times while on duty and in uniform. The officers must activate the camera to record, from beginning to end, all contacts with people in the performance of their official duties. The recordings from the cameras must be retained by the law enforcement agency for at least two years and are open records in the same manner as incident reports are open records. The officer must inform people that they are being recorded unless doing so would be unsafe, impractical, or impossible. This bill provides that an officer who fails to record a contact must be suspended without pay until the completion of an investigation into why the contact was not recorded. The Department of Public Safety must provide the funds for the recording equipment.

SB 389, sponsor: Sen. Ryan Silvey — Identical to HB 137. Modifies provisions relating to competitive bidding.

SB 410, sponsor: Sen. Wayne Wallingford — This bill provides a process for a person who was found guilty of a first offense of criminal nonsupport to petition, after a period of at least 8 years, for a one-time expungement of all official records of his or her arrest, plea, trial, or conviction. A person granted an expungement may also request expungement of his or her DNA sample and profile from the Missouri State Highway Patrol Crime Laboratory.

In addition, 14 proposed constitutional amendments have been filed in the Senate, to date.

 

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