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.
A lawmaker with decades of experience in law enforcement plans to file more legislation meant to help victims of domestic violence in ways he wished he could have during his career.
Representative Lane Roberts (Photo: Tim Bommel, Missouri House Communications)
Representative Lane Roberts (R-Joplin) said in his career, including as Joplin’s Police Chief, he was often frustrated at seeing how abusers used the court system to continue to intimidate and persecute victims.
Jennifer Carter Dochler with the Missouri Coalition against Domestic and Sexual Violence says the issues the bill would address are ones seen time and time again in cases throughout Missouri.
Roberts proposes specifying that when a person receives notice from a court that a hearing will be held on an order of protection against them, that serves as notification of any orders the court issues on the date of that hearing. He said this is because often a person who is the subject of an order of protection will violate it, then say in their defense that they didn’t attend the hearing and therefore didn’t know the order had been put in place. He said this amounts to pleading ignorance, and case law has supported this defense.
Another provision would allow victims to testify in court via video conferencing. Carter Dochler said in addition to victims having to make time to go to court over and over, each time having to incur costs for things like travel and childcare, there are many safety concerns for them when testifying in court. Allowing them to provide testimony over video would be a simple fix.
Roberts called the video conferencing language one of the pieces of the bill he’s the most committed to, because he’s seen that victims can often be reluctant to testify.
The bill would also specify that victims and their witnesses don’t have to reveal home or workplace addresses when testifying in court, unless the court deems it necessary.
A provision the Coalition specifically wanted would clarify that a court can order payment of attorney fees incurred by a victim before, throughout, and after a proceeding. Carter Dochler said because the current statute includes the word, “or,” an attorney successfully argued in one case that the abuser wouldn’t have to cover fees for all of those time periods.
Roberts said based on the response he’s gotten from advocates, he already plans to change some of the language he’s prepared. In particular, he expects to amend a provision that would bar prosecutors from offering plea bargains to defendants facing certain levels of domestic violence charges.
“Maybe we overshot on that,” said Roberts.
Other pieces of this bill would require anyone convicted of domestic violence to pay $1,000 to a shelter in the same city or county as the victim; and require that when they are ordered to take a class on domestic violence, they must pay for it.
In the 2021 session Roberts proposed other domestic violence statute changes that became law in June. These allowed for orders of protection to be extended for up to a lifetime; covered pets under orders of protection; and expanded the definition of “stalking” to include the use of technology such as GPS and social media, or the use of third parties.
Roberts said those pieces of legislation drew something of a “fan following” in Missouri, and for good reason.
An advocate says a new law that began as a Missouri House bill is a “game changer” for people trying to establish new lives after felony convictions.
Representative Cheri Toalson Reisch (photo: Tim Bommel, Missouri House Communications)
The legislation eliminated a prohibition on those with felony convictions working in places which sell lottery tickets. It also lifted the requirement that businesses who sell alcohol report to the state when they hire someone with a felony. The changes have been sponsored for several years by Hallsville Republican Cheri Toalson Reisch, and was signed into law this summer and took effect August 28.
Dan Hanneken is the Executive Director of In2Action, a program that helps people transition out of prison. He says the most important factor in a convicted felon not returning to prison is their ability to find employment.
The proposal, filed by Toalson Reisch as House Bill 316, was amended to Senate Bill 26, which was passed and signed by Governor Mike Parson (R).
She said this bill benefit not only her home county of Boone, which she said consistently has one of the highest unemployment rates in the state, but the entire state.
The legislation had broad support, and was viewed as helping fight recidivism and unemployment while supporting criminal justice reform and helping the economy by boosting the eligible workforce. The House voted 148-1 for the 2020 version of the bill.
Hanneken said the law before this change was very frustrating for the people he works with, who often want to rebuild their lives, provide for their families, and simply have a path forward after prison.
Toalson Reisch said the reporting requirement for businesses that sell liquor was, in practice, a pointless exercise for those employers, who had to fill out a form that wasn’t used for anything.
Legislators will be asked again to increase penalties for the reckless firing of guns into the air when they begin a new session in January.
Blair Shanahan Lane
For several years legislators have proposed what is known as “Blair’s Law” to criminalize in state statute what’s known as “celebratory gunfire.” It’s named for Blair Shanahan Lane, who was struck in the neck by a bullet fired from more than a half-mile away over a lake, on July 4, 2011. She died the next day.
The owner of the gun that fired the shot that killed Blair later served two years in prison on an involuntary manslaughter charge.
Since then more people have been hurt, and in April 24 year-old KCUR radio reporter Aviva Okeson-Haberman was fatally struck by what authorities have called a stray bullet, while she was in bed in her apartment, reading a book.
In Kansas City celebratory gunfire is a violation of a city ordinance, but no state law directly addresses it. Legislators and others, including Blair’s mother, hope that making it a misdemeanor or a felony would further discourage the practice.
Sharp thinks most who would fire a gun into the air aren’t doing it out of malicious intent, but he wants them to know it’s not safe and they should stop.
Representative Mark Sharp (Photo: Tim Bommel, Missouri House Communications)
Blair’s mother, Michele Shanahan DeMoss, has advocated for passage of the legislation bearing her daughter’s name, including testifying in multiple legislative hearings over the years. She said when Blair died six of her organs were donated to five people, and her mother runs a charity which was Blair’s idea – Blair’s Foster Socks – which provides socks and other items to children in need.
Sharp said he plans to file Blair’s law legislation when prefiling of bills begins on December 1. The 2022 legislative session begins January 5.
An interim panel on mental health policy will hold at least two more hearings according to its chairman, who says its members are taking in information like “drinking water out of a firehose.”
Representative Wayne Wallingford (Photo: Tim Bommel, Missouri House Communications)
The committee has already heard issues including that there is a staffing shortfall within the Department of Mental Health, and that Missouri ranks 31st in the U.S. for access to mental health services.
Chairman Wayne Wallingford (R-Cape Girardeau) said after hearing from state organizations in the first hearing and non-profits in the second, the committee will take testimony on November 3 from individuals with experience dealing with mental health issues.
Wallingford anticipates there will be legislation in the 2022 legislative session that will stem from these hearings. He doesn’t have specific bills in mind, but he has his eye on some pilot programs that he feels have been working well in the Columbia area.
Wallingford said the committee also heard that law enforcement officers often find themselves sitting at hospital bedsides by those who have been arrested and suffer from mental health issues, until a space in mental health institutions can be found for them.
Women in Missouri prisons might not have to be separated from their newborns under a bill being considered for the legislative session that begins in January.
Representative Bruce DeGroot (Photo: Tim Bommel, Missouri House Communications)
The plan would allow some women who are pregnant when they are about to be incarcerated for short sentences to have their babies with them in prison so that they can bond with their newborns. The idea is being referred to as the establishment of “prison nurseries.”
Missouri Appleseed is an organization helping drive the effort. Director Liza Weiss said some other states already have such programs, and some of those have been in place for years.
The Department told House Communications that right now when a woman in a Missouri state prison gives birth, that baby goes into foster care or with a family member.
Representative Curtis Trent (Photo: Tim Bommel, Missouri House Communications)
Currently, pregnant women are housed at the prison in Vandalia. As of early October, 23 had delivered babies. In 2016, that number reached 73, but decreased to 49 in 2019 and 31 last year. The Department notes that in the last 4 years Missouri’s population of incarcerated women has dropped by 42 percent.
Representatives DeGroot and Trent are still developing draft language for their bills, and DeGroot said the Department of Corrections is involved. He expects to propose that the program be available to women whose sentences are for up to 18 months.
Missouri House members aren’t pleased with a lack of answers from the Department of Social Services in the wake of a federal report slamming its lack of response when children in foster care go missing.
Representative Mary Elizabeth Coleman (Photo: Tim Bommel, Missouri House Communications)
The U.S. Department of Health and Senior Services’ Office of the Inspector General report is based on 2019 data and was released last week. It said the state does not properly report when children are missing and doesn’t do enough to keep them from going missing again, if they are found.
That study found that 978 children went missing from state care at some point during 2019. In looking closely at the handling of 59 cases of children missing from foster care, it found that in nearly half there was no evidence that the state had reported those children missing as required by law.
Department of Social Services Acting Director Jennifer Tidball and Children’s Division Interim Director Joanie Rogers testify to the House Committee on Children and Families (Photo: Tim Bommel, Missouri House Communications)
The Committee heard testimony from Department of Social Services Acting Director Jennifer Tidball, who said many of the policy issues cited in the report stemmed from a previous administration. She produced a 2016 memo from then-director Tim Decker that allowed caseworkers to quit some practices and documentation, some of which she says has been resumed since 2019.
Coleman and other lawmakers were frustrated by what they saw as a “passing of the buck,” trying to blame that earlier administration, and a failure to follow the law and to implement programs the legislature has authorized to help the Division keep foster kids safe.
Representative Keri Ingle (Photo: Tim Bommel, Missouri House Communications)
Coleman said she was troubled that the Department did not today provide much information outside of what was in the federal report and even challenged its findings. She said the next step will be to hold a hearing focused on possible solutions.
After Tidball’s testimony the Committee heard from several child welfare advocates, offering their response to the report and possible responses, however Tidball and her staff left the hearing shortly after she spoke.
Women incarcerated in Missouri prisons and jails will now have access to feminine hygiene products free of charge, under legislation that became law in July.
Representative Bruce Degroot (Photo: Tim Bommel, Missouri House Communications)
Senate Bill 53, signed into law by Governor Mike Parson (R) on July 14, included language that requires city and county jails to join the state’s prisons in providing those products to female inmates at no cost. Many facilities had already been doing this. The new law codifies that practice and extends it to those facilities that weren’t.
Research in 2018 showed that in Missouri’s two female prisons, more than 80 percent of women were making their own hygiene products, and those they were given for free were ineffectual. These homemade products were often resulting in infections or other complications.
The same language found in SB 53 was also sponsored by Representative Bruce DeGroot (R-Ellisville) in his House Bill 318. DeGroot said the measure was a way to provide dignity to incarcerated women, while saving the state money.
Representatives McCreery and DeGroot both worked with an organization called Missouri Appleseed regarding the issue. Appleseed is a nonprofit based in St. Louis. Founding Director Liza Weiss said women in Missouri prisons were having to choose between things like buying adequate hygiene products, or talking to their children on the phone.
Representative Tracy McCreery (Photo: Tim Bommel, Missouri House Communications)
On Friday, October 1, Missouri’s gas tax will increase for the first time in 25 years, but Missourians who don’t want to pay the increase have an option.
Representative Becky Ruth (Photo: Tim Bommel, Missouri House Communications)
The tax will increase by 2.5 cents October first, with more incremental increases every July 1 until it reaches a 12.5 total increase in 2025. The Department of Transportation estimates the increase, when fully implemented, will generate another $460-million annually for the state’s roads and bridges.
Those who don’t want to pay the increase will be able to apply for a refund. The Department of Revenue has prepared a draft of the form that would be used, which can be viewed here. A final version is expected to be available, either digitally or by paper copy, by the time applications can be accepted between July 1 and September 30 of next year.
Ruth said she’s not concerned that letting people get back some of their tax dollars will hurt the overall goal, that of giving the Department of Transportation more funding to maintain the state’s roads and bridges.
Ruth said the Department has been running about $800-million behind what it needs for road work, per year. The increase will cover a significant portion of that gap, and will also put Missouri in position to draw federal dollars from an anticipated infrastructure bill.
Ruth said she was grateful for the bipartisan support this proposal received. She thinks that is due, in part, to the refund provision, and to lawmakers recognizing a need for additional money for transportation.
A cemetery that is historically significant, especially for the African American community at Clinton, Missouri, could be preserved by the Department of Natural Resources under a bill signed into law this year.
One of the veterans buried in Antioch Cemetery is Otis Remus Lyle, who served during World War I. He is buried next to his father, George. Otis’ wife, Nellie, remarried after his death and is also buried in Antioch. (Photo: Tim Bommel, Missouri House Communications)
The legislation authorizes the state DNR to acquire Antioch Cemetery in Clinton. It could turn the cemetery into an educational site to be operated by the state Division of Parks.
Many of those interred in the five-acre cemetery are people who were once enslaved. It was established in 1885, but the first burial occurred 17 years earlier; that of 36 year old James F. Davis, who died in 1868. Two acres of the site were deeded to Clinton’s African American residents in 1888, for $50. More land was gifted in 1940.
There are many homemade headstones at Antioch Cemetery, including that of Charley Kerr, who died in 1914 as the result of a stab wound. (Photo: Tim Bommel, Missouri House Communications)
The earliest born individual in Antioch Cemetery is identified only as Aunt Mason, who was reportedly 106 years old when she died in 1887. Contemporary newspaper accounts said she was “probably” the oldest person in the state at the time. Papers recalled that while enslaved, Aunt Mason had been owned by at least four families, serving as a nurse for one. One of those may have been the family of a man who was a state representative at the time the Civil War broke out. It was around that time that she was freed, and for much of the time after that she lived alone. Papers claim she was later shunned by her neighbors as a “witch and a soothsayer,” but recall she was “remarkable,” and retained vivid memories of her early life. Hers is one of the many graves in Antioch that lacks a marker.
Representative Rodger Reedy stands at the grave of World War I veteran Gove Swindell, in Antioch Cemetery in Clinton. Reedy sponsored a bill aimed at ensuring the long-term preservation of Antioch. (Photo: Tim Bommel, Missouri House Communications)
The cemetery is also the final resting place of several veterans, including Jackson “Uncle Jack” Hall, who fought in the Civil War and died in 1911, at the age of 108.
It also includes brothers Charles and Clarence “Pete” Wilson, who served in World Wars I and II, respectively. Charles served in France with the 92nd Infantry Division; a segregated infantry division of the U.S. Army that inherited the “Buffalo Soldiers” nickname given to African American cavalrymen in the 19th century. Clarence was a Sergeant in the Army Air Corps.
Those in the cemetery haven’t always been allowed to rest peacefully. In 1891, about two weeks after he was buried, the grave of Mat Wilson was desecrated and someone stole his body, leaving behind only his head and feet.
Burials at Antioch Cemetery have continued into the modern era, and the legislation will allow that to continue.
Click the left and right arrows below for more photos from Antioch Cemetery: