Defending traditional families

Missouri State 2010 Legislative Session

Partial overview of legislation as of the

end of the 2010 State General Assembly

 

ABORTION & SANCTITY OF LIFE

 

HB 1327 & 2000   Informed Consent   &   Coercion Crimes  SEE SB 793

SB 793   Informed Consent   (now includes federal health insurance opt-out)  PASSED

HB 2010   Alternatives to Abortion   PASSED

HB 1365  Pharmacy Conscience Protection   FAILED

HB 2252   PRC Tax Credit Reauthorization (sunsets in 2012)  FAILED

HB 1725   Opt-out, federal health care   SEE SB 793

SB 747   Opt-out, federal health care   SEE SB 793

SB 971   Umbilical Cord Resource Education  

HB 2081   Pregnant Woman’s Protection Act  PASSED

SB 792  Abortion reporting requirements   FAILED

 

            ALL OF THE PRO-ABORTION BILLS FAILED, INCLUDING;

SB 982 – Bray – Enacts the Prevention First Act

SB 1010 – Bray – Establishes the Compassionate Assistance for Rape Emergencies Act

SCR 40 – Justus – Ratifies the Equal Rights Amendment to the United States Constitution

 

 

SS/SCS/SB 793 – This act modifies the informed consent requirements for an abortion by adding new requirements to be obtained at least twenty-four hours prior to an abortion. Some of the new requirements include the physician who is to perform or induce the abortion or a qualified professional presenting to the pregnant woman various new printed materials to be developed by the Department of Health and Senior Services by November 30, 2010, detailing the risks of an abortion and the physiological characteristics of an unborn child at two-week gestational increments. The woman must also be provided with the gestational age of the unborn child at the time the abortion is to be performed and must be given an opportunity to view, at least 24 hours prior to an abortion, an active ultrasound of the unborn child and hear the heartbeat of the unborn child, if the heartbeat is audible. Prior to an abortion being performed past twenty-two weeks gestational age, the woman must be provided information regarding the possibility of the abortion causing pain to the unborn child.

 

In addition to the written informed consent, the act requires the physician or a qualified professional to discuss the medical assistance and counseling resources available, advise the woman of the father’s liability for child support, and provide information about the Alternatives to Abortion Program. All information required to be provided to a woman shall be presented to her individually in the physical presence of the woman. The abortion cannot be performed until the woman certifies in writing on a checklist form that she has been presented all the required information and that she has been given the opportunity to view an ultrasound, and to choose to have an anesthetic or analgesic administered to the unborn child.

 

This act requires the physician or qualified professional to provide the woman with access to a telephone and information about rape crisis centers, domestic violence shelters and obtaining orders of protection should the physician have reason to believe the woman is being coerced into having an abortion.

 

This act also amends the current informed consent provision, Section 188.039, by providing that informed consent may be obtained by the physician who is to perform or induce the abortion or a qualified professional.

 

Notwithstanding any other provision in law allowing a person to provide services related to pregnancy, delivery and postpartum services, no person other than a licensed physician can perform or induce an abortion. Anyone violating the provision is guilty of a class B felony.

 

This act also modifies health insurance provisions relating to abortion. Under current law, health insurance policies are barred from providing coverage for elective abortions except through optional riders. This act extends this prohibition to health insurance policies offered through any health insurance exchange established in this state or any federal health insurance exchange administered within this state. In addition, no health insurance exchange operating within this state may offer coverage for elective abortions through the purchase of an optional rider. 

 

 

HB 2010   Alternatives to Abortion funding authorized at 1.75 Million dollars, which is 90% of the current and former funding.  This reduction is in keeping with the budget crisis that resulted in similar cuts to most all ‘optional’ state programs.

 

 

HCS HB 2081  This bill specifies that a pregnant woman may use deadly force upon another person if she reasonably believes that deadly force is necessary to protect her unborn child against death, serious physical injury, or any forcible felony.

 

 

RELIGIOUS LIBERTY

 

HB 1402   Exempts certain water systems that serve charitable or benevolent organizations from certain rules relating to well construction   FAILED

 

HB 2117  Creates the crime of disturbing a worship service and creates a civil cause of action for the same behavior   FAILED  

 

SB 997   Provides that an applicant for a substitute Missouri certificate of license to teach will not be precluded from receiving a certificate solely because he or she completed the required number of semester hours of credit at a post-secondary institution for religious or theological studies. The applicant must satisfy all other requirements for the certificate.   FAILED  

 

SJR 31   &   HJR 62   Proposes a constitutional amendment guaranteeing a citizen’s right to pray

And reaffirming citizen’s right to free expression of religion    FAILED

 

 

PORNOGRAPHY

 

SB 735   Requires public libraries to adopt policies on the placement of books and other materials that are obscene or pornographic for minors   FAILED

 

SB 806   Allows anyone who as a child was a victim of child pornography offenses to have the

Right to civilly sue any producer, promoter or possessor of such child pornography   FAILED

 

SB 586   &   SB 617   Regulates sexually oriented businesses   PASSED

 

HCS/SS/SCS/SBs 586 & 617 – This act regulates sexually oriented businesses.

 

After August 28, 2010, no person shall establish a sexually oriented business within 1000 feet of a preexisting school, house of worship, state-licensed day care, public library, public park, residence, or other sexually oriented business.

 

No person shall establish a sexually oriented business if a person with an influential interest in such business has been convicted of, or released from confinement, for certain crimes within the last eight years.

 

This act prohibits a person from knowingly appearing nude in a sexually oriented business. No employee of such a business shall knowingly appear in a semi-nude condition, unless he or she remains on a stage at least six feet from the patrons and at least eighteen inches from the floor in a room that is at least 600 square feet. Also, such employees appearing semi-nude shall not knowingly touch a patron or the clothing of a patron.

 

A sexually oriented business that exhibits films, videos, or other reproductions with an emphasis on displaying specified sexual activities or specified anatomical areas must comply with the following requirements:

 

1) the operator’s station must have an unobstructed view of all areas where patrons are permitted except the restroom;

 

2) the operator’s station must not exceed 32 square feet;

 

3) if more than one operator’s station exists, there must be an unobstructed view of each area where patrons are permitted from at least one of the operator’s stations;

 

4) the view from the operator’s station must be by direct line of sight;

 

5) the operator shall ensure that at least one employee is on duty in the operator’s station at all times patrons are there; and

 

6)the operator and employees must ensure that view areas remain unobstructed.

 

Sexually oriented businesses that do not meet the requirements for stages or interior specifications on August 28, 2010, shall have 180 days to comply. During such period, any employee who appears semi-nude shall remain at least six feet from all patrons.

 

No sexually oriented business shall be open between the hours of midnight and 6:00 a.m and no person shall knowingly sell, use, or consume alcohol on the premises. No person shall knowingly allow a person under the age of eighteen on the premises.

 

In order to violate the provisions of this act, the person must have committed such acts knowingly or recklessly. An act of an employee shall be imputed to the business, only if an officer or manager knowingly or recklessly allows such act to occur on the premises. A violation of this act shall be deemed a misdemeanor punishable by a fine not to exceed $500 or imprisonment not to exceed 90 days. Any business repeatedly operated in violation of this act shall constitute a public nuisance and shall be subject to civil abatement proceedings.

 

The act does not prevent political subdivisions from enacting ordinances to regulate sexually oriented businesses which are stricter but not inconsistent with the act. It also provides that political subdivisions are authorized to enact ordinances to regulate sexually oriented businesses which are stricter but not inconsistent with the act.

 

 

HOMOSEXUALITY

 

HB 1850   Changes the laws regarding complaints filed with the Missouri Commission on Human Rights and prohibits discrimination based upon a person’s sexual orientation   FAILED

 

HCR 54  Establishes Missouri’s ratification of the Equal Rights Amendment to the United States Constitution  FAILED

 

HCR 55   Urges Congress to replace the “don’t ask don’t tell” policy of the United States military with a policy of nondiscrimination on the basis of sexual orientation  FAILED

 

SB 626   Prohibits discrimination based upon a person’s sexual orientation  FAILED

 

SCR 44   Urges Congress to replace the “Don’t Ask, Don’t Tell” policy with a policy of nondiscrimination on the basis of sexual orientation  FAILED

 

SCR 45   Urges Congress to continue to support the “Don’t Ask, Don’t Tell” policy  FAILED

 

 

DRUGS & ALCOHOL

 

HCS#2 HB 1472   This bill changes the laws regarding the designation of controlled substances.  PASSED

 

While the bill bans the synthetic drug commonly known as K2 it also does the following: 

 

(1)  Adds the following to the list of Schedule I:

(a)  1-pentyl-3-(1-naphthoyl)indole, commonly known as K2;

(b)  Dexanabinol,(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol, commonly known as HU211;

(c)  5-MeO-DMT or 5-methoxy-N,N-dimethyltryptamine, its isomers, salts, and salts of isomers;

(d)  Phenol, CP 47, 497 & homologues, or 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol), where side chain n=5, and homologues where side chain n-4,6, or 7; and

(e)  1-butyl-3(1-naphthoyl)indole;

 

(2)  Adds the following to the list of Schedule II:

(a)  Any material, compound, mixture, or preparation which contains any quantity of amyl nitrite or butyl nitrate; and

(b)  Tapentadol;

 

(3)  Adds the following to the list of Schedule III:

(a)  Boldione;

(b)  Dexoxymethyltestosterone; and

(c)  19-nor-4,9(10)-androstadienedione;

 

(4)  Adds Fospropofol to the list of Schedule IV;

 

(5)  Adds the following to the list of Schedule V:

(a)  Lacosamide; and

(b)  Pregabalin; and

 

(6)  Specifies that any person who possesses a controlled substance of more than 35 grams of Dexanabinol, (6aS, 10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7,10,10a-tetrahydrobenzo[c]chromen- 1-ol, Indole, or 1-butyl-3(1-naphthoyl)indole, Indole, or 1-pentyl-3(1-

naphthoyl)indole, and Phenol, CP 47, 497 & homologues, or 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol), where side chain n=5, and homologues where side chain n-4,6, or 7

will be guilty of a class C felony, and any person possessing less than 35 grams of any one of these substances will be guilty of a class A misdemeanor.

 

 

 

SS SCS HCS HB 1695, 1742 & 1674   Changes the laws regarding intoxication-related traffic offenses   PASSED

 

SS SCS HCS HB 1695, 1742 & 1674   This bill changes the laws regarding intoxication-related traffic offenses.  In its main provisions, the bill:

 

(1)  Specifies that a DWI court may grant limited driving privileges to an individual who would otherwise be ineligible for the privilege.  However, the DWI docket or court cannot grant a

limited driving privilege to a person during his or her initial 45 days of participation (Section 302.309, RSMo);

 

(2)  Removes the requirement that no chemical test will be given when a holder of a commercial driver’s license refuses to submit to a chemical test at the request of law enforcement (Section

302.750);

 

(3)  Allows any circuit court or the county municipal court of Jackson County to establish a DWI docket to provide an alternative for the disposition of a driving while intoxicated or driving with excessive blood alcohol content case when the person operating a motor vehicle has a blood alcohol content (BAC) of at least .15, the person has pled guilty to or has been found guilty of one or more intoxication-related traffic offense, or the person has two or more previous alcohol-related enforcement contacts.  The court may assess any and all necessary costs for participation in a DWI court against the participant and all moneys received by the court will not be considered court costs,

charges, or fines.   A DWI court may operate in conjunction with a drug court, and a drug court commissioner may preside over a DWI court (Sections 478.001 and 478.007);

 

(4)  Specifies that any offense involving the operation of a vehicle in an intoxicated condition will not be cognizable in municipal court if the defendant has been convicted, found guilty, or pled guilty to two or more previous intoxication-related traffic offenses or has had two or more previous alcohol-

related enforcement contacts (Section 479.170);

 

(5)  Specifies that an application or execution of a search warrant cannot be deemed invalid solely because it relied upon an electronic signature of either a law enforcement officer, prosecutor, or judge (Section 542.276);

 

(6)  Requires each law enforcement agency, county prosecuting attorney, and municipal prosecutor to adopt a policy to report the arrest information for all intoxication-related traffic offenses to the State Highway Patrol’s central repository and to certify the adoption of the policy when applying for any grants administered by the Department of Public Safety.  Beginning January 1, 2011, the State Highway Patrol must maintain regular accountability reports of alcohol-related arrests, charges, and

dispositions based on the data submitted (Section 577.005);

 

(7)  Requires the course of instruction that all municipal judges must complete to include a review of state laws regarding intoxication-related offenses, jurisdictional issues related to those offenses, reporting requirements for courts, and the required assessment for offenders under the Substance Abuse Traffic Offender Program (SATOP); requires each municipal judge to adopt a written policy requiring court personnel to timely report all dispositions of all charges for intoxication-related

traffic offenses to the central repository and to provide a copy of the policy to the Office of State Courts Administrator and the State Highway Patrol; and requires each municipal division of

every circuit court to prepare a report every six months that includes the total number and disposition of every intoxication-related offense adjudicated, dismissed, or pending in its division and submit the report to the circuit court en banc for review and recommendations (Section 577.006);

 

(8)  Specifies that no person who operated a motor vehicle with a BAC of .15 or more will be granted a suspended imposition of sentence and specifies that for a first offense, unless a person participates and successfully completes the requirements of a DWI court of docket, a person who operated a motor vehicle with a BAC of between .15 and .20 will be imprisoned for at least 48 hours and a person who operated a motor vehicle with a BAC of .20 or more will be imprisoned for at least five days (Sections 577.010 and 577.012);

 

(9)  Changes the minimum imprisonment from five days to 10 days for a prior offender and from 10 days to 30 days for a persistent offender to be eligible for parole or probation unless as a condition the person performs a specified amount of community services or participates in a program established under Section 478.007 or other court-ordered treatment program.  Courts may search the central repository, DWITS, or the certified driving records maintained by the Department of Revenue for prior intoxication-related traffic offenses (Sections 577.023);

 

(10)  Removes the provision requiring an intoxication-related traffic offense arrest without a warrant to occur within 90 minutes of the alleged violation (Section 577.039);

 

(11)  Removes the requirement that no test can be given when a person arrested or stopped for an alleged DWI refuses to submit to a chemical test at the request of a law enforcement officer

(Section 577.041); and

 

(12)  Specifies that after 10 years a court will enter an order of expungement if it determines that a person with a first alcohol-related driving offense has not been convicted of any subsequent alcohol-related driving offense, has no other subsequent alcohol-related enforcement contact, and has no other alcohol-related driving charge or enforcement action pending at the time of the hearing (Section 577.054).

 

 

GAMBLING

 

HCS SB 940   Modifies various provision relating to bingo and expands bingo gambling   PASSED

 

HCS/SB 940 – This act changes the restrictions on different types of bingo license holders, including when they can hold bingo games and various restrictions on advertising. In addition, this act changes reporting requirements and records retention schedules for licensees.

 

An abbreviated bingo license holder is allowed to conduct up to 15 bingo games annually, rather than four. The act requires all licensed organizations to pay annual license fee of $50. Current law had allowed certain organizations to pay an annual license fee of $10.

 

The Gaming Commission is authorized to set the aggregate retail value of all prizes and merchandise awarded in a single day, except awards by pull-tab cards and progressive bingo games. A bingo licensee cannot require a player to purchase more than a standard pack of bingo cards in order to participate in a game. The act authorizes a licensee to conduct bingo games two days per week, rather than one day per week.

 

The act increases the amount that may be expended on advertising from 2% to 10% of the total amount expended from bingo receipts. The act removes a provision of law that prohibited a licensee from referencing the aggregate value of bingo prizes in an advertisement. Currently, no bingo games can be operated between midnight and 10:00 a.m. This act provides that no bingo game can be operated between 1:00 a.m. and 7:00 a.m.

 

Games are permitted to be conducted by electronic bingo card monitoring devices that are approved by the commission.

 

Every bingo licensee that conducts games on more than three occasions in any calendar year shall submit quarterly, rather than annual reports to the gaming commission.

 

The act requires each licensee to keep a complete record of bingo games conducted in the previous two, rather than three years, except for records stipulated as one-year retention by regulation.

 

Applicants for suppliers’ licenses and manufacturers’ licenses are required to pay for the cost of a criminal history investigation. This act would also increase the maximum amount the commission can charge for a manufacturer’s license from $1,000 to $5,000 and would increase the possible charge for an annual renewal fee from $500 to $1,000.

 

 

HEALTH CARE

 

SS SCS HCS HB 1764   Health Care Freedom Act.  Prohibits persons, employers, or health care providers from being compelled to participate in any health care system and allows certain domestic insurance companies to dissolve under certain conditions.  This bill makes Missouri the first state in the nation to vote on the issue of defending private health care over a federal health care takeover.  Missouri Voters will vote on this measure at the August 2, 2010 Primary Election ballot.   PASSED

 

 

SCS/HCS/HB 1375  This modifies provisions relating to sexually transmitted diseases   PASSED

 

Provides for public health policy as applied to the spread of STDs.  Additionally, the bill creates a new “family friendly” paradigm in regard to controversial vaccine policy.

 

EXPEDITED SEXUAL PARTNER THERAPY

This act provides that any licensed physician may, but shall not be required to, utilize expedited partner therapy for the management of the sexual partners of persons with chlamydia or gonorrhea if such partners do not have an established physician-patient relationship with such physician. A licensed physician using such therapy may prescribe and dispense medications for the treatment of chlamydia or gonorrhea for such sexual partners and must provide explanation and guidance on the preventative measures that can be taken by the patient to stop the spread of the disease. Any licensed physician utilizing expedited partner therapy for the management of such partners shall have immunity from any civil liability by reason of such actions, unless such physician acts negligently, recklessly, in bad faith or with malicious purpose. The Department of Health and Senior Services and the Division of Professional Registration shall develop rules for the implementation of the act.

 

HPV IMMUNIZATION BROCHURE

This act requires the Department of Health and Senior Services to develop an informational brochure relating to the connection between human papillomavirus (HPV) and cervical cancer and the availability of an immunization for HPV. The department shall make the brochure available on its website and notify each school district of the availability of the brochure to be printed and included in any other materials as the school district deems appropriate. Materials made available under this act may only be distributed to parents directly and not distributed to students as material to be given to parents. Such information in the brochure shall include the risk factors for developing cervical cancer, the connection between HPV and cervical cancer, how it is transmitted and how transmission can be prevented, the latest scientific information about the immunization’s effectiveness, information about the importance of pap smears, and a statement explaining that questions from parents or guardians may be answered by the family health care provider.

 

 

EDUCATION & HOME SCHOOLS

 

SCS HB 1892    Authorizes certain specified individuals in addition to the school superintendent to issue a student work certificate.  Current law says 14 & 15 year olds must have a work permit in order to be gainfully employed under child labor standards.  These “work certificates” are only provided by the public school superintendant of the school district in which the child resides.  Under this bill all private and home schools may issue certificates to their own students without having to submit to the public school superintendant.   PASSED

 

 

CCS HCS SCS SB 733    Adds home school students to the statutory guidelines related to the Missouri Bright Flight Scholarship program.  PASSED

When the Bright Flight Scholarship was first created by the General Assembly the administration of the scholarship was not micro managed in statute.  As a result home school students who otherwise qualified for the scholarship were denied out of discrimination against home education.  In more recent years this discrimination has been eliminated through appeals and pressures from home schoolers and political supporters.  SB 733 now protects home school students from the potential of future discrimination by explicitly including home schools in the statutory guidelines for the scholarship.

 

 

TAXATION

 

SCS HCS HB 1903   Creates the Federal Budget Stabilization Extension Fund to receive moneys from any federal job creation legislation enacted by the 111th United States Congress   PASSED

 

 

SCS SCR 35 & 32   Disapproves the new values for agricultural and horticultural property filed with the Secretary of State’s Office on December 21, 2009, by the State Tax Commission    PASSED

 

 

GOVERNMENT ACCOUNTABILITY

 

HCS/SB 851  &   SCS HB 1444    For any public meeting where a vote of the governing body is required on issues regarding a tax increase, eminent domain with respect to a retail development project, certain types of improvement or development districts, or tax increment financing, the governing body of such county, city, town or village must give at least four days notice before the proper notice is not given, no vote shall be taken until proper notice has been provided. Any legal challenge to the provisions of this section must be brought within thirty days of the subject meeting or such meeting shall be deemed to have been properly noticed and held.   PASSED