Passed and Failed.. 2010 Legislative Session

In Legislative News, Missouri Press News On
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MPA Bills of Interest Filed in Jefferson City                                   January 2010

The 2010 session of the Missouri General Assembly convened on Wednesday, Jan. 6.  Missouri Press Association expects an active session, and publishers will be called upon to contact their senators and representatives on various issues.  Grassroots contacts by publishers are vital, or we will not prevail on issues important to the newspaper industry.

During the session, you can track House and Senate bills on the Missouri state government web site in Jefferson City:  www.mo.gov

House and Senate Joint Bill Tracking:  http://www.house.mo.gov/billcentral.aspx

House Bill List:  http://www.house.mo.gov/content.aspx?info=/bills101/billist.htm

Senate Bill List:  http://www.senate.mo.gov/10info/BTS_Web/BillList.aspx?SessionType=R

Bills of interest filed in the House of Representatives

HB 1219, sponsored by Rep. Joe Smith

Requires the Department of Health and Senior Services to implement strategies to raise public awareness regarding food allergens. This bill requires the Department of Health and Senior Services to implement strategies to raise public awareness regarding food allergens.  The strategies must include an outreach campaign using print, radio, television, and other materials.

HB 1242, sponsored by Rep. David Sater

Subject to appropriations, requires the State Highway Patrol to make available on the Internet for public inquiry a registry of certain drug (methamphetamine) offenders.

HB 1253, sponsored by Rep. Terry Swinger

Revises the definition of “telephone solicitation” to also prohibit political campaigns from using live operators or automatic dialing announcing devices (ADAD) equipment to call anyone on the No-call List.  Would prohibit calls endorsing a political candidate, requesting financial support or a vote for a political candidate, or conducting political polling.

HB 1267, sponsored by Rep. Kate Meiners

This bill increases from $3 to $10 the fee charged for certain recorded documents pertaining to real property by the county recorder of deeds.  Nine dollars of the fee is to be forwarded to the Director of the Department of Revenue for deposit into the Missouri Housing Trust Fund, and $1 is to be retained by the county recorder for use at his or her discretion.

HB 1279, sponsored by Rep. Jeff Roorda

This bill requires the juvenile court to publish in a court docket the time, date, and location of certain juvenile proceedings and to post the docket in a conspicuous and readily available location in the courthouse.

HB 1300, sponsored by Rep. Sara Lampe

Requires the Revisor of Statutes to make all copies of laws, resolutions, and constitutional measures available electronically to the public and eliminates the printing of certain state documents, including bills proposed by the General Assembly and state agency reports.

HB 1315, sponsored by Rep. Tom Shively

Prohibits all drivers, regardless of age, from text messaging while operating a moving motor vehicle on any highway in this state.

HB 1316, sponsored by Rep. Bill Deeken

Changes the required notice that certain assessors must give taxpayers when the assessed valuation on real property increases.

HB 1317, sponsored by Rep. Shalonn Curls

Increases from $3 to $5 the fee charged by the county recorder of deeds for certain recorded documents pertaining to real property.

HB 1322, sponsored by Rep. Paul LeVota

Beginning January 1, 2011, this bill changes the laws regarding campaign contributions to candidates and committees.  In its main provisions, the bill:

(1)  Limits campaign donations from any person other than the candidate in any one election to candidates for statewide office at $2,000; for state senator, $1,000; and for state representative, $500.  Contribution limits for local candidate donations are based on population and are specified in the bill. Candidate committees will be exempt from these limits;

(2)  Limits donations made or accepted by political party committees to $2,000 for a statewide candidate; $1,000 for a state senator candidate; $500 for a state representative candidate; and 10 times the allowable individual contribution for candidates for other local offices;

(3)  Requires contributions from children younger than 14 years of age to be counted equally toward their parents’ contribution limits or, in the case of a single parent, counted fully against that parent’s contribution;

(4)  Establishes a surcharge penalty payable to the Missouri Ethics Commission of $1,000 plus the amount of the nonallowable contribution for a violation of the campaign contribution limits by any committee and requires the candidate to return the nonallowable contribution to the contributor within 10 business days; and

(5)  Requires a separate accounting procedure for funds used before January 1, 2011, and allows the use of those funds based on the current laws.

HB 1324, sponsored by Rep. Rachel Bringer

This bill prohibits members of the General Assembly from accepting any tangible or intangible item, service, or anything of value from a lobbyist.

HB 1325, sponsored by Rep.  Rachel Bringer

Expands the No-call List to include all calls regardless of content and prohibits using automatic dialing announcing devices in certain situations.  The provisions do not apply to telephone calls to subscribers with whom the caller has had a business contact within the past 180 days or a current business or personal relationship.

HB 1326, sponsored by Rep. Rachel Bringer

Beginning January 1, 2011, this bill changes the laws regarding campaign contributions to candidates and committees.  In its main provisions, the bill:

(1)  Limits campaign contributions from any person other than the candidate in any one election to candidates for statewide office at $1,275; for state senator, $650; and for state representative, $325.  Limits for local candidate contributions are based on population and are specified in the bill.  Candidate committees will be exempt from these limits;

(2)  Limits contributions made or accepted by political party committees to $10,000 for a statewide candidate; $5,000 for a state senator candidate; $2,500 for a state representative candidate; and 10 times the allowable individual contribution for candidates for other local offices;

(3)  Requires contributions from children younger than 14 years of age to be counted equally toward their parents’ contribution limits or, in the case of a single parent, counted fully against that parent’s contribution;

(4)  Establishes a surcharge penalty payable to the Missouri Ethics Commission of $1,000 plus the amount of the nonallowable contribution for a violation of the campaign contribution limits by any committee and requires the candidate to return the nonallowable contributions to the contributor within 10 business days; and

(5)  Requires a separate accounting procedure for funds received and expended before January 1, 2011, and allows the use of those funds based on the current laws.

HB 1337, sponsored by Rep. Gary Dusenberg

Beginning January 1, 2011, this bill changes the laws regarding campaign contributions to both candidates and committees.  In its main provisions, the bill:

(1)  Limits campaign contributions from any person other than the candidate in any one election to candidates for statewide office at $3,000; for state senator, $1,500; and for state representative, $750.  Contributions for local candidates including judicial office are based on population and specified in the bill.  Certain candidate committees are exempt from these limitations;

(2)  Limits donations made by political party committees to $10,000 for a statewide candidate; $5,000 for a state senator candidate; $2,500 for a state representative candidate; and 10 times the allowable individual contribution for candidates for other local offices.  Political party committees may also expend up to 50% of these limits on a candidate who is unopposed in a primary election;

(3)  Requires contributions from children younger than 14 years of age to be counted equally toward their parents’ contribution limits or, in the case of a single parent, counted fully against that parent’s contribution;

(4)  Establishes a surcharge penalty payable to the Missouri Ethics Commission of $1,000 plus the full amount of a

nonallowable contribution for a violation of the campaign contribution limits by any committee and requires a candidate to return any nonallowable contribution to the contributor within 10 business days;

(5)  Requires a separate accounting procedure for funds used prior to January 1, 2011, and allows the use of those funds based upon current law;

(6)  Limits contributions to a political party or continuing committee from any one person or entity to $1,500 for a

particular election and allows political party committees to make unlimited in-kind contributions or expenditures on behalf of a candidate if the contributions or expenditures are not coordinated with the candidate;

(7)  Prohibits all contributions between continuing committees;

(8)  Prohibits fundraising events or solicitation of contributions or expenditures on state-owned property including

the property of political subdivisions;

(9)  Prohibits fundraising events within 100 miles of the State Capitol Building when the legislature is in regular session;

(10)  Requires contributions for leadership positions in the General Assembly to be disclosed to the Missouri Ethics

Commission and made available to the public in the same manner as required in Section 130.057, RSMo; and

(11)  Increases the penalty for a purposeful violation of Chapter 130 from a class A misdemeanor to a class D felony.

HB 1350, sponsored by Rep. Marilyn Ruestman

Changes the laws regarding assessed valuation of residential real property.

HB 1359, sponsored by Rep. Maria Chappelle-Nadal

Allows for the establishment of electronic health record banks.

HB 1374, sponsored by Rep. Doug Ervin

Makes changes to comply with the federal Health Insurance Portability and Accountability Act.

HB 1382, sponsored by Rep. Doug Ervin

This bill establishes the Missouri Patient Privacy Act which prohibits the disclosure of patient-specific health information to any employer, public or private payer, or employee or agent of a state department or agency without the written consent of the patient and health care provider.  Health information may be disclosed to a health insurer; employer; state employee or agent of the Missouri Consolidated Health Care Plan; the Department of Health and Senior Services; the Department of Insurance, Financial Institutions and Professional Registration; or the MO

HealthNet Division within the Department of Social Services in connection with the employee’s official duties including overseeing state health programs, tracking infectious diseases, administering state wellness initiatives and programs, and researching state medical trends.  The bill does not prohibit disclosure of personal health information consistent with federal law and does not require health care providers to obscure or remove the information when disclosing it.

HB 1390, sponsored by Rep. Paul Quinn

This bill prohibits members of the General Assembly from contracting with or soliciting any other member for the purposes of securing services for political campaigning, fundraising, or consulting that in any way relates to the election of any state or federal office.

HB 1403, sponsored by Rep. Stanley Cox

Andrew Jackson Vote Restoration Act. Currently, nonpartisan elections in political subdivisions and special districts, except for municipalities, may be canceled if the number of candidates filing for a position is equal to the

number of positions available.  This bill establishes the Andrew Jackson Vote Restoration Act which repeals these provisions and requires elections to always be held.

HB 1405, sponsored by Rep. Stanley Cox

This bill allows any pleading or filing, other than the interlocutory or final judgment, in a dissolution of marriage or

legal separation filed before August 28, 2009, to be a public record if the court clerk has redacted the Social Security number from all the pleadings or filings.  Upon a request, the clerk must redact the Social Security number from any filings, judgment, or pleading before releasing the information to the public.

HB 1420, sponsored by Rep. Ward Franz

Changes the laws regarding the sale of real property for the collection of delinquent taxes.  Property with an assessed valuation of $1,000 or less, and has been advertised previously, would not be included in the public notice.  Currently, property with an assessed valuation of $500 or less, and has been advertised previously, is not included in the public notice.

HB 1424, sponsored by Rep. Ward Franz

Changes various provisions relating to property taxation and collection.

HB 1426, sponsored by Rep. Doug Funderburk

Modifies the state’s No-Call List to include wireless telephone numbers and fax numbers.

HB 1434, sponsored by Rep. Tim Flook

Changes provisions relating to ethics laws.  Sets as a class D felony any bribe by a person seeking an elected or appointed official to vote for or against any measure.  Sets penalties for persons who intentionally fail to register as  lobbyists.

HB 1441, sponsored by Rep. J.C. Kuessner

Establishes registration requirements with the secretary of state for certain initiative or referendum petition circulators.

HB 1444, sponsored by Rep. Tim Jones

Requires certain public body meetings to provide at least a four-day notice of such meetings.  For any public meeting addressing issues regarding a fee or tax increase, eminent domain, zoning of a specific property or zoning map amendment, transportation development districts, capital improvement districts, commercial improvement districts, or tax increment financing, the governing body of any county, city, town, or village, or any entity created by such county, city, town, or village, shall give notice at least four days before such entity may vote to address such issues, exclusive of weekends and holidays when the facility is closed. This subsection shall not apply to any votes or discussion related to proposed ordinances that require a minimum of two separate readings on different days for their passage, or in case of emergencies. Each public meeting described in this subsection shall include a period of time in which the members of the public may offer comments on matters of the public business of the entity holding the meeting. Public comment shall be taken after the proponents of the proposal have made their presentation. If the notice required under this subsection is not properly given, any discussion of such issues shall be postponed, and no vote on such issues shall be held until proper notice has been provided under this subsection. For the purpose of this subsection, a tax increase shall not include the setting of the annual tax rates provided for under sections 67.110 and 137.055. In zoning matters, the four-day notice of commencement of any meeting addressing a zoning matter as set out in this subsection shall apply to the first meeting at which the matter is heard, whether at a meeting of the jurisdiction’s governing body, at a board of zoning adjustment meeting, or at a planning and zoning meeting.

HB 1445, sponsored by Rep. Tim Jones
Changes the laws regarding the Open Meetings and Records Law, commonly known as the Sunshine Law.
In its main provisions, the bill:

(1) Requires all records of the Missouri Ethics Commission to be open records except for any investigative reports prepared by commission employees regarding complaints until a decision is rendered. Any reports of complaints that the commission dismisses shall remain closed.

(2) Requires all meetings of the commission to be open except those in which the commission discusses a pending complaint; Any party may request the commission to close any record to be introduced at a hearing.

(3) Requires the minutes to reflect a general account of the discussions that occurred at a closed meeting;

(4) Specifies that only members of a public governmental body, their attorneys and staff assistants, and any
necessary witnesses will be permitted in any closed meeting of the governmental body;

(5) Specifies the criteria for the litigation exception to the open record disclosure. An actual lawsuit, a threat of a lawsuit, or a substantial likelihood of litigation must exist in order to close information regarding a cause of action;

(6) Specifies that settlement agreements relating to legal actions shall be publicly disclosed in an open meeting upon final disposition of the matter.

(7) In any legal proceeding, there shall be a presumption that a meeting, record, or vote is open to the public. The burden shall be on a public governmental body or a member of a public governmental body to prove that such meeting, record, or vote may be closed to the public.

(8) Requires information to be made available in an electronic format if a public body keeps records in an electronic format. Data must be available in a format accessible to the public if it is stored in a data-processing program. Hospitals will not be compelled to violate their licensing agreements involving proprietary data-processing systems;

(9) Sets at $1,000 the civil penalty for a knowing violation of Sections 610.010 – 610.026, RSMo, and increases
the maximum penalty for a purposeful violation of these sections from $5,000 to $8,000;

(10) Requires any public meeting of a public governmental body addressing issues regarding a fee or tax increase, eminent domain, zoning, transportation development districts, or tax increment financing to give at least four days’ notice prior to the meeting, exclusive of weekends and holidays when the facility is closed. The meetings must allow time for public comment. If proper notice is not given, discussion on the issue will be postponed and no vote will be taken until proper notice is given.

(11) Requires Sunshine Law training of one to two hours for appointed and elected public officials.

HB 1464, sponsored by Rep. Steve Hodges

Requires health care facilities to notify local fire departments when oxygen is supplied in a residential setting.

HB 1466, sponsored by Rep. Jason Smith

Changes the laws regarding the oversight of public funds.  Establishes a joint committee of the general assembly, which shall be known as the “Joint Committee on Recovery Accountability and Transparency”, to coordinate and conduct oversight of covered funds to prevent fraud, waste, and abuse.

HB 1478, sponsored by Rep. Leonard Hughes

Authorizes the expungement (closure) of certain criminal records including convictions for any nonviolent crime, misdemeanor, or nonviolent drug violation.

HB 1496, sponsored by Rep. Rob Schaaf

Creates in the state treasury the “Agriculture Promotion and Marketing Fund”, which shall consist of all fines and fees assessed and collected by the department of agriculture which are not otherwise specifically designated in state law for use by the department or for deposit in other funds. The state treasurer shall be custodian of the fund. Upon appropriation, money in the fund shall be used solely for the purposes of promotion and marketing agricultural products grown, raised, or processed in the state of Missouri.

HB 1500, sponsored by Rep. Steven Tilley

Changes various provisions relating to ethics.


Bills of interest filed in the Senate

SB 580, sponsored by Sen. John Griesheimer

Omnibus local government bill.  This bill contains numerous issues relating to local government.  Last year, a similar bill attracted an amendment supported by the St. Louis County Municipal League that would have allowed municipalities in that county to post public notices on their government web sites, rather than publish the notices in local newspapers.  While the Internet notice provision is not contained in SB 580, it could easily be added as an amendment.  MPA will keep a close watch on SB 580.  One provision of SB 580 would allow a county to waive bidding requirements on purchases of $6,000 or less. Currently, such amount is set at $4,500. Also, under current law, counties may waive competitive bidding when the county commission determines that there is only one feasible source for the supply. This section requires counties to post notice on such proposed purchases of over $6,000 and advertise the county commission’s intent to make such purchase in the newspaper at least ten days in advance. Currently, the commission must post notice for such proposed purchases of at least $3,000 and also advertise in the newspaper for such purchases of at least $5,000.

SB 581, sponsored by Sen. John Griesheimer

Allows the city council of a third class city to submit a question to the voters as an advisory referendum.

SB 582, sponsored by Sen. John Griesheimer

Increases certain user fees collected by county recorders by $1 for one year to be used by the secretary of state for preservation of local records.

SB 588, sponsored by Sen. Gary Nodler

Modifies provisions of law requiring notices of projected tax liability.

SB 610, sponsored by Sen. Tim Green

Bars employers from requiring employees to disclose user names or passwords to any Internet site or web-based account, except for those relating to the employers’ computer systems.

SB 628, sponsored by Sen. Tom Dempsey

Requires the auditor of any county with a charter form of government to take an annual inventory of county property with an original value of $2,500 or more, rather than $250.

SB 633, sponsored by Sen. David Pearce

Modifies the state Do Not Call list to include personal cell phone numbers, expands the list to prohibit solicitations via faxing, graphic imaging or text messaging, and creates “paid for by” requirements for political phone calls.  Entities that give out the phone number of an elected official in a political radio advertisement must register with the Missouri Ethics Commission and disclose who is paying for the ad.

SB 637, sponsored by Sen. Jim Lembke

Prohibits political subdivisions from using automated photo red light enforcement systems to enforce red light violations.

SB 641, sponsored by Sen. Robin Wright-Jones

Requires charter schools to comply with laws and regulations that require the reporting of information by schools, governing boards and school districts to the State Board of Education or Department of Elementary and Secondary Education.

SB 648, sponsored by Sen. Joan Bray

Imposes campaign contribution limits for individuals and committees in support of candidates running for public office. The limits are as follows for contributions made by or accepted from any person other than the candidate and all committees: $1,275 for Governor, Lieutenant Governor, Secretary of State, Treasurer, Auditor, or Attorney General.  $650 for Senators.  $325 for Representatives.  $325 any other office, including judicial office if the population of the area is under 100,000.  $650 any other office, including judicial office if the population of the area is between 100,000 and 250,000.  $1,275 any other office, including judicial office if the population of the area is over 250,000.

SB 663, sponsored by Sen. Scott Rupp

Similar to SB 633, modifying the state Do Not Call list.

SB 688, sponsored by Sen. Robin Wright-Jones

Requires schools to report certain student enrollment information to the Department of Elementary and Secondary Education.

SB 691, sponsored by Sen. Yvonne Wilson

This act, upon voter approval, increases the fee collected by each recorder of deeds to fund the county homeless person assistance program from $3 to $10 if such a program has been created by the governing body of such charter county.

SB 701, sponsored by Sen. Ryan McKenna

Prohibits all drivers, regardless of age, from text messaging while operating motor vehicles.

SB 714, sponsored by Sen. Jason Crowell

Allows the State Auditor to audit any state or local public employees retirement system.

SB 729, sponsored by Sen. Ryan McKenna

This act creates the “Political Subdivision Construction Bidding Standards Act”. Except for certain violations, this act does not apply to political subdivisions that have specific state or local competitive bidding requirements that are equivalent or stricter than the ones contained in this act. If a political subdivision is not covered by a specific federal, state, or local law that is equivalent or stricter in its requirements, it shall comply with the advertising and bidding requirements outlined in this act when soliciting bids and awarding contracts of $6,000 or more. Contract for construction shall be advertised in advance of the acceptance of bids for a minimum of two days in an area newspaper, with the first ad appearing at least 30 days in advance of the stated deadline for acceptance of bids. For contracts for over $100,000, bids shall also be advertised by providing information to at least one organization which regularly provides information to construction contractors. Ads and solicitations must include the project name, submission deadline, and the time, date, and location of where the bids shall be received and opened.

Constitutional Amendments proposed

SJR 21, sponsored by Sen. Matt Bartle

Creates the Missouri Savings Account in the Constitution

SJR 22, sponsored by Sen. Victor Callahan

Authorizes the creation of Show-Me Small Business Districts

SJR 23, sponsored by Sen. Luann Ridgeway

Prohibits a political subdivision from receiving state funding if it provides health insurance to its employees through a public health insurance option plan.

SJR 24, sponsored by Sen. Yvonne Wilson

Authorizes the creation of tax free zones.

SJR 25, sponsored by Sen. Jane Cunningham

Prohibits laws interfering with freedom of choice in health care.

SJR 26, sponsored by Sen. Jane Cunningham

Limits increases in assessed value of real property caused by reassessment until a transfer of ownership occurs

SJR 27, sponsored by Sen. Jim Lembke

Changes the method by which certain judges are selected.

SJR 28, sponsored by Sen. Jim Lembke

Changes the process for determining compensation and changes the amount of judicial salaries

HJR 45, sponsored by Rep. Chuck Gatschenberger

Proposes a constitutional amendment limiting the total service in the General Assembly to 16 years in any proportion between the House of Representatives and the Senate.

HJR 46, sponsored by Rep. Gary Dusenberg

Proposes a constitutional amendment replacing the Highways and Transportation Commission with a Director of Transportation.

HJR 47, sponsored by Rep. Will Kraus

Proposes a constitutional amendment reducing, beginning with the 97th General Assembly, the number of state representatives to 137.

HJR 48, sponsored by Rep. Cynthia Davis

Proposes a constitutional amendment prohibiting any person, employer, or health care provider from being compelled to participate in any health care system.

HJR 49, sponsored by Rep. Cynthia Davis

Proposes a constitutional amendment establishing the Missouri Taxpayer Protection Initiative which prohibits state funds from being expended for certain cloning, human research, and abortion services.

HJR 50, sponsored by Rep. Doug Ervin

Proposes a constitutional amendment prohibiting any person, employer, or health care provider from being compelled to participate in any health care system.

HJR 51, sponsored by Rep. Mike Cunningham

Proposes a constitutional amendment guaranteeing the right to vote by secret ballot for all public offices, initiatives and referendums, and any authorizations or designations regarding employee representation.

HJR 52, sponsored by Rep. Belinda Harris

Proposes a constitutional amendment restricting the use of eminent domain.

HJR 53, sponsored by Rep. Belinda Harris

Proposes a constitutional amendment repealing authority of chartered cities or counties to take blighted property by eminent domain but authorizes them to enact ordinances to impose liens.

HJR 54, sponsored by Rep. Maria Chappelle-Nadal

Proposes a constitutional amendment requiring the St. Louis Board of Freeholders to meet monthly and authorizing the people of St. Louis city and county to change the constitution regardi

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