House members are being asked to increase the cap on a successful benevolent tax credit that supports organizations that help the state’s homeless population. The sponsor says donors who apply after that cap is reached are being penalized.
Representative Phil Amato (Photo: Tim Bommel, Missouri House Communications)
Representative Phil Amato (R-Arnold) is the volunteer President of the Board for a food pantry in Arnold, and he said organizations like that one have benefitted greatly from the food pantry tax credit.
This tax credit has been in existence since 2013. It allows Missouri taxpayers who make donations to food pantries, soup kitchens, or homeless shelters to deduct an amount equal to half that donation from their state taxes.
The program is capped at $1.75 million. Amato said in the last few years Missourians have been donating enough to reach that cap. What happens to donors after that, he said, is alarming.
A tax credit that legislators say has proven “vital” to the state’s diaper banks, and to the families that rely on those banks, is set to expire in August. A possible extension has been advanced by a House committee.
Representative Mark Sharp (Photo: Tim Bommel, Missouri House Communications)
The diaper bank tax credit was passed in 2018. It allows Missouri taxpayers to claim up to half of their donations to a diaper bank against what they owe in state taxes, up to $50,000. 101 House members supported it in 2018.
Legislators say access to diapers has many repercussions for a family. This includes being the difference between a baby being healthy or suffering serious and even life-threatening medical issues and between a parent or parents landing and maintaining employment or having to stay home due to lack of childcare.
For the twelfth time, Missouri legislators will be asked by the mother of a little girl killed by a stray bullet to increase penalties for the careless firing of guns.
Blair Shanahan Lane
The legislature this past session sent “Blair’s Law” to the desk of Governor Mike Parson (R). It was the first time that proposal reached the desk of a governor. Parson expressed support for it calling it something he’d “like to sign into law,” but it was only one measure among several that were combined into one bill, Senate Bill 189. He had issues with some of the other measures, and so it was vetoed.
Blair’s Law is named for Blair Shanahan Lane, who was 11 when she was hit by a stray bullet while celebrating Independence Day, 2011, with her family. Someone more than half a mile away carelessly fired their gun into the air and one of those bullets struck Blair in the neck. She died the next day.
The man who fired that gun served 18 months in prison for involuntary manslaughter. No state law directly addresses what is often called, “celebratory gunfire.” Every legislative session Blair’s death, her mother has come to Jefferson City to change that.
Michele Shanahan DeMoss said since Blair’s Law was vetoed, after being passed for the first time after more than a decade of work, she has been, “thoughtful.
The “processes” to which she refers are the renewed efforts to see Blair’s Law become part of Missouri law. That is a top priority for two state lawmakers, and that is why the proposal was again among those prefiled on December 1; the first day that bills could be filed for the 2024 session.
One of those legislators is Representative Mark Sharp (D), who will be carrying that proposal for the fifth straight year. He said even though it was vetoed, he and other supporters see its passage last year as a win.
Representative Mark Sharp (Photo: Tim Bommel, Missouri House Communications)
Joining the list of legislators who over the years have sponsored Blair’s Law is Belton Republican Sherri Gallick, who is in her second year in the Missouri House. Gallick met DeMoss while campaigning in 2022 and that’s when she first heard Blair’s story.
House Bills 1437 (Gallick) and 1477 (Sharp) would specify that a person is guilty of unlawful discharge of a firearm if they, with criminal negligence, discharge a firearm in or into the limits of a municipality. A first offense would be a class “A” misdemeanor which carries up to a year in jail and a fine of up to $2,000; a second time would be a class “E” felony carrying up to four years in prison; and third and any subsequent offense would be a class “D” felony, punishable by up to seven years in prison.
Even as efforts to pass Blair’s Law continue, incidents involving stray gunfire keep happening. Last month, while in her own bedroom in her south Kansas City home, 11 year-old Lauren Reddick was hit by two bullets. One of those left her paralyzed.
On New Year’s Eve, the Department’s SoundSpotter system identified more than 2,300 rounds fired between 6 p.m. and 6 a.m. on January 1. That was more than double the total detected by that sound capturing technology one year prior.
Over the years that Blair’s Law has been proposed, the attention it has gotten has created awareness of the dangers presented by careless gunfire, and its supporters hope that will continue to be a residual benefit of their efforts.
Representative Sherri Gallick (Photo: Tim Bommel, Missouri House Communications)
Gallick, like other Republicans who have carried or spoken in support of the legislation through the years, says among other things it is an issue of responsible gun ownership.
Both representatives say they are optimistic about the legislation’s chances of passage in 2024, given its overwhelming bipartisan support and the Governor’s message. They also commend DeMoss, who they say is “inspiring” as she has remained consistent and undaunted.
Nearly 12 years after the tragic death of an 11 year-old Independence girl, the Missouri legislature has voted for a bill bearing her name. “Blair’s Law” would increase the penalty for recklessly firing guns into the air and, backers hope, raise awareness about how dangerous that practice is.
Blair Shanahan Lane (Photo courtesy: Michelle Shanahan DeMoss)
The House had voted in two previous years to pass Blair’s law and this year the Senate concurred, sending it for the first time to the governor’s desk. The proposal was added to Senate Bill 189, which was passed out of the House 109-11 and now awaits the action of Governor Mike Parson (R).
It was news Michele Shanahan DeMoss, the mother of Blair Shanahan Lane, had been working toward and awaiting for more than a decade.
What DeMoss was realizing she might not have to do again is come to Jefferson City and testify before legislators as she has done multiple times each year since her daughter’s death, each time recounting and reliving the events of July 4, 2011. That was when, while outside celebrating the holiday, Blair was truck in the neck by a bullet fired by someone more than half a mile away who had fired their gun into the air. She died the next day.
Police believe firearms are still being discharged into the air, however, especially around holidays like New Year’s Eve. The SoundSpotter system, sound capturing technology that the Kansas City Police Department uses to identify potential gunshots, identified more than 2,300 rounds fired between 6 p.m. December 31, 2022, and 6 a.m. the following morning. That was more than double the total from the previous year.
Representative Mark Sharp (D-Kansas City) said a desire to increase awareness that firing guns into the air is not safe was one of his biggest motivations for carrying Blair’s Law.
Sharp is optimistic that the governor will sign Blair’s Law into law, partly based on conversations he’s had with Parson’s staff.
Michele Shanahan DeMoss (Photo: Michael Lear, Missouri House Communications)
This was Sharp’s fourth year sponsoring the legislation, joining several other current and former legislators who have carried that proposal since 2011. This year’s version would specify that a person is guilty of unlawful discharge of a firearm if they, with criminal negligence, discharge a firearm in or into the limits of a municipality. A first offense would be a class “A” misdemeanor which carries up to a year in jail and a fine of up to $2,000; a second time would be a class “E” felony carrying up to four years in prison; and third and any subsequent offense would be a class “D” felony, punishable by up to seven years in prison.
No state law directly addresses “celebratory gunfire.” In Kansas City it is a violation of city ordinance. The man who fired the bullet that killed Blair pleaded guilty to involuntary manslaughter and served 18 months in prison. Had Blair’s Law been in effect, the above penalties could have been applied in addition to that sentence.
Penalties are one thing, but as Sharp and DeMoss said, as much as anything, Blair’s Law has been about awareness.
Sharp said it is because DeMoss persevered that this legislation finally made it to the governor.
“She’s a joy. She is a real joy,” said Sharp, who notes that he knows what it’s like to be around a parent who has lost a daughter, as his own sister died in a domestic violence incident when he was eight.
Representative Mark Sharp (Photo: Tim Bommel, Missouri House Communications)
The passage of a law bearing Blair’s name isn’t the only way she is being remembered. Blair has also been honored for being an organ donor, with six of her organs having gone to five people, and DeMoss still runs a charity in her daughter’s name: Blair’s Foster Socks gives socks and other items to children in need.
Governor Parson has until July 14 to either sign SB 189 into law, veto it, or allow it to become law without his signature. If it becomes law, Blair’s Law would become effective August 28.
Nine bills filed in the Missouri House would reduce or eliminate the taxes paid on diapers, and most of those would also apply to feminine hygiene products. The bipartisan group of legislators backing them say such a change would help some among the Missourians who most need relief, especially during this period of increased inflation.
Representative Maggie Nurrenbern (Photo: Tim Bommel, Missouri House Communications)
The rate at which these products are taxed is sometimes referred to as a “luxury tax.” That is the rate at which most products in Missouri are taxed. Food is taxed at a decreased rate, and some of the proposals would set the levy on those products to that rate. Others would make them exempt from the sales tax altogether.
Several of the bills’ sponsors said there is no reason to keep taxing these things at the greater rate.
Similar bills have been offered for several years but have fallen short of becoming law. Among their most fervent and consistent backers have been diaper banks. Data released last year by the National Diaper Bank Network placed the annual cost of diapers at nearly $1,000 per infant.
Representative Peter Merideth (Photo: Tim Bommel, Missouri House Communications)
In addition to this issue, St. Louis Representative Jo Doll (D) also proposes in House Bill 408 that public charter, middle- and high schools provide feminine hygiene products free to students. She said that wouldn’t just be for students who can’t afford them, it’s about the mental health of young girls dealing with what might still be a new experience.
The House sponsors and co-sponsors of those bills include a bipartisan group of 12 Democrats and four Republicans. None of those bills have been referred to a committee.
In the Senate three such measures have been filed. Two of those, filed by Republicans, have been approved by a committee in that chamber.
People convicted of felonies in Missouri but proven innocent by DNA evidence can be paid $100 for every day they were incarcerated after their conviction. People proven innocent by any other means get nothing. At least one Missouri lawmaker will try to change that in the 2023 legislative session.
Representative Mark Sharp (Photo: Tim Bommel, Missouri House Communications)
Similar legislation was approved by two House committees in the session that ended in May by a combined vote of 24-1, but it was never brought up on the House floor for debate.
Sharp said the amount of harm done to a person and their family by a wrongful conviction goes well beyond the inability to have a job during their incarceration. It can involve difficulty finding work and housing after release, lingering issues that could require medical treatment and counseling, and relationship issues.
Missouri’s restitution statute has been under more scrutiny in recent years as more attention was paid to the case of Kevin Strickland. He was released from prison a year ago after serving 42 years of a life sentence for murder before being proven innocent, but because he was not exonerated based on DNA evidence he received no compensation from the State of Missouri.
Thursday was the first day legislators could prefile bills for the new session, which begins January 4.
The House has taken a vote members hope will help stop a potentially deadly form of celebration before it claims more lives and damages more property.
Representative Roger Reedy (Photo: Tim Bommel, Missouri House Communications)
Kansas City Police report that guns were fired into the air more than 1,100 times late on New Year’s Eve and early on New Year’s Day. This was a decrease of about 500 rounds, according to the Department’s tracking system, but it still left two people wounded and 11 properties with damage; one of those, a police vehicle.
Kansas City has been the center of attention for “celebratory gunfire” for years, particularly since 2011. It was on Independence Day of that year that Blair Shanahan Lane was struck in the neck by a bullet fired into the air by a partier more than half a mile away. She died the next day.
The man who fired the bullet that killed Blair pleaded guilty to involuntary manslaughter and served 18 months in prison. House Bill 1696 would have allowed prosecutors to add time to his sentence; up to 7 years in prison if it was a third offense.
This was Reedy’s second year carrying the legislation. Last year it ran out of time in the Senate, in part, after a number of amendments were attached to it. This year’s version deals with only one other issue, and is therefore expected to have a much better chance at reaching the governor.
Another lawmaker who has worked on Blair’s Law is Kansas City Democrat Mark Sharp, who was glad to see the concerted effort to move it forward after previous attempts have ended in frustration.
Last Thursday Rowland announced he was resigning his House seat, having just been elected mayor of Independence. He left with optimism that more legislators would continue working to get Blair’s Law passed. He ended his comments to Reedy with an emotional plea, “Please get it done.”
Reedy’s proposal specifies that a person is guilty of the unlawful use of a weapon if they fire it, with criminal negligence, within or into the limits of a municipality. The first offense would be a class-A misdemeanor, with third and subsequent offences being class-D felonies.
The bill would also allow a firearm to be discharged from a stationary vehicle as authorized under the Missouri Wildlife Code. This provision is intended to allow farm and ranch owners to shoot animals that would threaten their livestock without facing a felony charge.
The House voted 131-0 to send that proposal to the Senate.
Missourians would have to have their vehicles equipped with ignition interlock devices after their first drunk driving conviction, under a bill under consideration in the House.
Representative Mark Sharp (Photo: Tim Bommel, Missouri House Communications)
Ignition interlock devices prevent a vehicle from starting if they register too great of an alcohol content in a breath test. Current law requires a person to have a previous conviction for driving while intoxicated before restricting them to driving only vehicles equipped with such a device. Under House Bill 1680 a court must prohibit anyone convicted of an intoxicated driving offense from driving unequipped vehicles for at least six months.
Sharp believes his bill would be a deterrent, not just by keeping people from driving drunk but by making them want to avoid a situation in which they could.
Sharp’s bill has had a hearing before the House Committee on Crime Prevention, which is chaired by former Police Chief and Department of Public Safety Director Lane Roberts (R-Joplin). He expressed support for the idea.
Mothers Against Drunk Driving told the Committee that between 2006 and 2020, interlocks stopped 128,196 attempts to drive drunk in Missouri, with more than 11,000 of those incidents in 2020. DUI deaths reportedly decreased by 15% in states that enacted laws such as HB 1680.
The committee has not voted on Sharp’s legislation.
Missouri House legislation has led to a man securing a chance at parole from prison in the next year, about 69 years earlier than he expected.
Bobby Bostic
Bobby Bostic was sentenced to 241 years in prison after an armed robbery and carjacking in 1995. Bostic, who was 16 at the time, was tried as an adult and would not have been eligible for parole until 2091, when he would be 112.
A House amendment that became law this year as part of Senate Bill 26 makes eligible to apply for parole anyone sentenced to 15 years or more while a juvenile. The change gave Bostic a chance at a parole hearing after more than 20 years in prison. That hearing was completed recently and Bostic was granted parole. He will be released late next year.
Bostic’s plight became an issue for the legislature in large part through the efforts of O’Fallon Republican Nick Schroer, who was glad to hear about the parole board’s decision.
Schroer took up Bostic’s case in 2019, and then last year with his support, Kansas City representative Mark Sharp (D) sponsored the amendment to Senate Bill 26 that led to Bostic getting a parole hearing.
Soon after hearing about Bostic’s case, Schroer met with him at Jefferson City Correctional Center. He learned that while imprisoned Bostic has earned a GED, an associate’s degree, has completed courses from Adams State University and Missouri State University, and completed more than 30 rehabilitation classes and programs. He has helped other inmates pursue their education, and has become a published author.
Representative Nick Schroer (Photo: Tim Bommel, Missouri House Communications)
It was after that meeting that Schroer began pressing for Bostic to have a chance at parole.
That began with a letter to Governor Mike Parson (R) asking him to take executive action on Bostic’s case. More than 100 legislators in both parties and both chambers signed that letter.
Bostic was sentenced to 241 years in prison on a series of charges stemming from a 1995 incident in which he, then 16, and an 18 year-old robbed a group of people delivering Christmas presents to the needy. One victim was shot and sustained a minor wound. The pair then carjacked and robbed a woman.
None of the victims of Bostic’s crimes opposed him being given a chance at parole. Some testified that he had little involvement in the crimes and that the 18 year-old was the instigator. While Bostic received more than two centuries in prison, the accomplice pleaded guilty in exchange for a 30-year sentence.
Retired Circuit Judge Evelyn Baker, who handed down Bostic’s sentence, has become one of the most ardent supporters of his parole and represented him at the hearing.
Bostic is not expected to be released until late next year. Sharp said he will spend much of the time until then preparing to return to freedom after 20 years behind bars.
Representative Mark Sharp (Photo: Tim Bommel, Missouri House Communications)
Roughly 100 others in Missouri’s prison system could have a chance at parole under the language that helped Bostic. Schroer said for those and others getting out of prison, there are people throughout the state who want to help them start over.
Other portions of Senate Bill 26 have led to a court challenge that could see everything in it struck down. Sharp and Schroer say they aren’t sure what it would mean for Bostic’s case should that happen, but say they will be watching developments and remain committed to helping Bostic get a chance at freedom.
Wednesday at the Missouri Capitol there was a sense of new energy in the air. Christmas decorations were going up, the weather was that of a spring day, and most of all, new bills were dropping everywhere. December 1 is a day when Missourians get a first look at what legislators will consider as the filing of bills for the 2022 legislative session began.
Representative Cyndi Buchheit-Courtway files a piece of legislation for the 2022 session. (Photo: Tim Bommel, Missouri House Communications)
Farmington Republican Dale Wright said it’s often better for legislation to be filed early, as that can give it a better chance of gaining traction early in the session and a better chance at passage. That means a lot of proposals are brought in on day 1.
Prefiling can feel very different for House Democrats, who face a supermajority of Republicans. Kansas City Democrat Ashley Aune said even when proposing legislation they know will be opposed, members of her caucus can be serving a purpose. She said one piece of advice she has held onto came from fellow Representative Tracy McCreery (D-St. Louis).
Legislators can begin filing legislation for the coming session on December 1 of the preceding year. (Photo: Tim Bommel, Missouri House Communications)
Joplin Representative Lane Roberts (R) said he believes it’s important for each legislator to give consideration to not only their own bills, but what others are filing, and that includes those in the opposing party.