The Missouri House has passed a plan to make the Capitol safer for those who work and visit it.
Representative Ron Hicks (Photo: Tim Bommel, Missouri House Communications)
One provision of House Bill 784 would allow the Speaker of the House and the Senate President Pro Tem to appoint marshals in their respective chambers. These marshals would have at least five years of experience in law enforcement, be licensed as a peace officer, and have to have continued training as required by the Missouri Peace Officer Standards and Training commission.
Bill sponsor Lane Roberts (R-Joplin), a former Joplin Police chief and former director of the Department of Public Safety, said the agencies responsible for Capitol security are “fragmented” and the legislature needs a security force that falls under its control.
Representative Lane Roberts (Photo: Tim Bommel, Missouri House Communications)
Another provision would move control of the Capitol Police out of the Department of Public Safety and to a new Capitol Police Board. Representative Ron Hicks (R-St. Charles) has been working on this plan for several years. He shares Roberts’ concern that the public officials who work in the Capitol have no say in its security.
The new Capitol Police Board would be made up of members appointed by the House Speaker, the Senate President, the Governor, the Chief Justice of the Missouri Supreme Court, and the chair of the State Capitol Commission.
The Missouri House has voted to waive the biggest portion of unemployment overpayments that some 46,000 Missourians were being told to repay. House members also heard that Governor Mike Parson (R) now supports the effort, and his Department of Labor will “pause” efforts to collect the federal portion of those overpayments while the legislation is moving.
Representatives Jered Taylor (left) and J. Eggleston (Photo: Tim Bommel, Missouri House Communications)
Legislators learned that many of the Missourians who applied for and received unemployment assistance last year were then told that the state erred in finding them eligible. They were told they had to pay back the money, often months after it had already been spent on necessities. Some Missourians owed more than $20,000.
The bill that was passed on Thursday would waive the federal portion of those repayments, which amounts to roughly three quarters or more of what most owed. The legislation was the product of a broad, bipartisan effort.
Republic representative Jered Taylor (R) chaired the committee that held hearings with the Department of Labor about this issue. He said waiving this portion is the right thing to do for Missourians who were and are struggling, and were encouraged to apply by the state and federal governments.
Democrats supported the bill, though some say Missouri should also waive repayment of state unemployment overpayments. Republicans say to do that would jeopardize the integrity of the state’s unemployment trust, and lead to higher payments for the small businesses that pay into it – business which are also struggling due to the COVID crisis.
St. Louis representative Ian Mackey (D) said some of those Missourians will be confused by hearing about this legislation and think they no longer owe anything.
Representative Ian Mackey (Photo: Tim Bommel, Missouri House Communications)
He and other Democrats say the state could use CARES Act money to waive the state’s share of these overpayments and keep small businesses from being impacted. Shell Knob Republican Scott Cupps said he’d be good with that.
The House rejected an emergency clause – language that would make the bill effective immediately upon being signed by the governor. Instead it would take effect August 28. Eggleston said this was part of an effort that’s developed in the last few days to ensure the governor’s support. He said the Department wants time for training and the creation of paperwork that would go into issuing up to 46,000 waivers.
Democrats maintained that the bill will be “pointless” without the emergency clause and most voted to keep it.
Cupps said since the House held hearings on the issue the Department has been working with him and other lawmakers, and the House’s actions Thursday are based on those discussions.
Those under a full order of protection or convicted of a crime of domestic violence would no longer be able to have or buy guns under a proposal now in the Missouri House. Supporters say the bill would mirror Missouri law to federal law and fix a gap unintentionally created by 2016 legislation.
Representative Ron Hicks (Photo: Mike Lear, Missouri House Communications)
House Bill 473 would require a court, when issuing an order of protection, to order that the subject of that order not be able to have firearms. Law enforcement would be notified, to make sure the order is followed. Those convicted of 2nd degree stalking and 4th degree assault would also not be able to possess a firearm.
Judy Kile has testified in past years on previous versions of this language. For six years she has been the Executive Director of COPE, a shelter in Lebanon. She told the House Committee on General Laws her twin sister was murdered by her abusive husband.
Kile said that in her work at the shelter she has seen the patterns to domestic violence. She said for a variety of reasons, a victim often goes back to an abuser a number of times even after an order of protection or conviction has been secured.
The Missouri Coalition Against Domestic and Sexual Violence has been pushing for passage of this change for years. Public Policy Director Jennifer Carter Dochler said even before SB 656 in 2016, Missouri had not mirrored the federal Violence Against Women Act. It gave direction to judges and law enforcement about removing guns from the hands of abusers.
What lawmakers unintentionally struck in 2016 had denied those under orders of protection or convicted of domestic assault when they applied for concealed carry permits. Under the 2016 law those permits are no longer needed.
Hicks said following the hearing he spoke to a representative of the NRA and he believes that organization will issue a letter of support for the bill.
Three Missouri lawmakers are leading a bipartisan effort to criminalize celebratory gunfire. Their bills would create what is called “Blair’s Law,” in honor of 11 year-old Blair Shanahan Lane, who was killed by an errant bullet fired during a 4th of July celebration in 2011.
Michelle Shanahan DeMoss talks to the House Committee on General Laws. (Photo: Mike Lear, Missouri House Communications)
Blair Shanahan Lane (courtesy; Michele Shanahan DeMoss)
Representative Schroer said as he was growing up his family sometimes went to the basement during times of celebration because guns were being fired into the air in the region.
Representative Sharp said between 6pm December 31 and 6am on January 1 in South Kansas City Missouri, at least 12 residences were hit by indiscriminate gunfire.
Captain Kari Thompson is the Assistant Division Commander for the Homeland Security Division of the Kansas City, Missouri Police Department. She said the legislation would make a common sense change in the law.
Representatives Mark Sharp (at left, holding newspaper), Rory Rowland (wearing mask), and Nick Schroer (right) have all sponsored a version of Blair’s Law. (Photo: Mike Lear, Missouri House Communications)
Blair was hit in the neck by a bullet fired by a Kansas City man, who pleaded guilty to involuntary manslaughter. He served 18 months in prison. Had one of these measures been in place he could’ve faced additional prison time for the charge it would create.
Victims of domestic abuse would be able to get lifetime orders of protection from abusers under a bill offered in the Missouri House.
Missouri law allows for orders of protection that last for one year. That means victims who want continued protection must go back to court annually to seek extensions. This forces them to repeatedly face their abuser and relive what they went through. Representative Lane Roberts (R-Joplin), former chief of the Joplin Police and director of the Department of Public Safety, says that’s wrong.
Lisa Saylor told House members this represents the paperwork she has accumulated since 2011, in dealing with the court system while working to protect herself from an abuser.
Janice Thompson Gehrke is a survivor and now works with and for victims. She told the House Committee on Judiciary people often ask her why they shake when they have to go to court, including the repeated appearances to renew an order of protection.
Representative Lane Roberts (Photo: Tim Bommel, Missouri House Communications)
Lisa Saylor told the committee that since 2011 she has spent more than $45,000 in court costs, in part from having to repeatedly renew orders of protection. If she doesn’t retain an attorney she runs the risk that her abuser could personally cross-examine her in a courtroom.
House members are renewing an effort to make sure all county and municipal jails provide free feminine hygiene products to the women they hold.
Federal and state institutions, as well as some local jails, already provide those products to female offenders at no cost. House Bill 318, sponsored by Representative Bruce DeGroot (R-Ellisville), would codify that requirement for state institutions, and county and city jails.
Representative Bruce DeGroot (Photo: Tim Bommel, Missouri House Communications)
Elizabeth Weiss, director of Missouri Appleseed, told the House Committee on Corrections and Public Institutions that the lack of proper products is a health concern. Women were making their own products, often using material like toilet paper rolls.
DeGroot noted that these health problems also increase the state’s costs for caring for incarcerated women, so passing this bill could save money for the state and local governments.
He believes the cost to the state to provide these products would be less than $200,000 a year.
The Special Committee on Government Oversight has heard that of roughly $150-million in overpayments, only a small portion – roughly a quarter or less – came from the state’s unemployment trust. State statute requires the Department to get that paid back.
Representatives Scott Cupps and Jered Taylor (photo: Tim Bommel, Missouri House Communications)
The larger portion comes from federal covid relief, the repayment of which the federal government has said states can choose to waive. Missouri Governor Mike Parson (R) has told his Department he wants it to be paid back.
The committee held a hearing on six bills – three filed by Republicans and three by Democrats – and a resolution filed by a Democrat, to deal with the issue.
The big question before lawmakers is whether to require that Missourians pay back overpayments out of the state fund. Committee members from both parties say they would like to waive all repayment, but some are questioning whether that can be done. They are unanimous about finding a way to waive the federal repayments, but some think the state portion might have to be recouped.
Shell Knob Republican Scott Cupps said a priority for the Department is to maintain the integrity of the state’s unemployment trust. His bill is one of those that would waive repayment of federal funds, but require Missourians to pay back state overpayments.
Cupps, who sits on the House Budget Committee, is one of those concerned that to waive the repayment of state benefits, the state would have to replenish the fund. This could come from other core budget functions, such as schools or transportation.
St. Louis Democrat Peter Merideth, also a Budget Committee member and sponsor of the resolution, noted that Governor Parson has proposed putting $500-million in federal CARES Act relief funds into the state’s unemployment trust. He suggests that would be a way to waive repayment of state overpayments while maintaining the fund.
Representatives LaKeySha Bosley, Ian Mackey, and Doug Clemens (photo: Tim Bommel, Missouri House Communications)
Five of the six bills filed are largely the same. Committee Chairman Jered Taylor (R-Republic), the sponsor of one of them, said his intention is to pare them down into one bill and to have the committee vote next week on that and the resolution.
How Missouri law dealing with orders of protection defines stalking only covers the following of a person or unwanted communication. Roberts’ proposal, House Bill 292, would broaden it to cover things like the use of cell phones, GPS, cameras, or third parties to observe, threaten, or communicate about or to someone.
The House Committee on Crime Prevention heard from Janice Thompson Gehrke. She about her experience being harassed by her ex-husband, who is now in prison for shooting his ex-fiancé and her boyfriend. This included sending his roommate to her workplace multiple times on the pretense of conducting business, having friends monitor her on social media, and using her information to have her phone spammed with contest and prize offers.
She spoke of another victim who is being harassed through threats on social media, but the law does not allow her to seek an order of protection because, as she put it, “it’s not technically him.”
Roberts has also filed a bill (House Bill 744) that would allow victims to seek a lifetime order of protection against an individual. Orders of protection are only valid for a year at a time. That has been referred to a committee.
He said throughout his career he was frustrated many times that he couldn’t do anything to help a victim of stalking and abuse, but one case frequently comes to mind in which a mother and elementary school-aged child were being abused.
House members from both parties are not happy that Missourians are being asked to pay back unemployment assistance they received in error through no fault of their own.
Department of Labor Director Anna Hui told the Special Committee on Government Oversight overpayments are “kind of built into” the unemployment system. The Department is expected to make an eligibility determination and get a payment out to an applicant within 14 days, generally based solely on information provided by the applicant. As additional information comes in, often from the applicant’s current or past employers, it could prove he or she was not eligible.
Missouri Department of Labor Director Anna Hui (photo: Tim Bommel, Missouri House Communications)
She said for 2020 that amounted to about $150-million in benefits that the Department paid out and now wants back.
Hui told the committee Governor Mike Parson (R) has made clear that he wants the Department to seek collection of those overpayments, viewing them as taxpayer dollars that went to ineligible individuals.
Several legislators said they have heard from constituents who have been asked to pay back thousands of dollars in state or federal relief, sometimes months after they received it. One constituent was asked to repay about $23,000.
St. Ann representative Doug Clemens (D) said for Missouri to ask people already struggling financially due to covid to pay back thousands of dollars is wrong.
Representatives, including Raychel Proudie (D-Ferguson), said the reasons given to individuals for their ineligibility were not always clear. She read a letter the Department sent to one of her constituents telling them they had to repay for a “miscellaneous reason.” Proudie called that “unacceptable.”
Members of the House Committee on Government Oversight, including (front row, from left) Reps. Tony Lovasco, Scott Cupps, Doug Clemens, (next row, from left) Richard Brown, Mark Ellebracht, and Raychel Proudie (photo: Tim Bommel, Missouri House Communications)
Federal directives have given states the option not to require repayment of assistance from the federal government, which makes up the majority of the $150-million the Department overpaid. Hui explained that Missouri is choosing to seek repayment of federal relief.
Proudie thinks the state shouldn’t be expending its resources to pull money from Missouri’s economy just to send it back to the federal government, and Representative Scott Cupps (R-Shell Knob) agrees.
The Department is required by state statute to collect overpayments out of the state fund.
Dan Thacker represents a union including about 500 school bus drivers and monitors. He said many of them make salaries that would put them near the poverty level, yet roughly 400 are being asked to pay back thousands of dollars.
St. Joseph Republican Bill Falkner said any legislative action will have to balance the waiving of repayment by Missourians with protecting businesses, as some of these overpayments are charged to them.
Committee members also spoke directly to Missourians during the hearing. Cupps said the repayment situation is adding to already heightened stress for struggling Missourians. He wants them to know he and other legislators are paying attention, and are looking for a solution.
Hui told the committee that Missouri is on pace to need a loan to support the state’s unemployment trust, likely by around June. She did not offer a projection of how great that loan might be. She said this could cause employers to have to pay more, as that loan is repaid.
Witnesses and lawmakers alike suggested that repayment decisions have seemed arbitrary and inconsistent, with some people being ordered to pay back only federal funds, some to pay back only state funds, and some told to pay everything or nothing.
Representative Michael O’Donnell (R-St. Louis) received Monday a promotion to Lieutenant Commander in the U.S. Navy, on the Missouri House Chamber floor. In front of his House colleagues, O’Donnell accepted the promotion in a ceremony that combined Navy traditions with House traditions.
It was conducted by Representative Mike Haffner (R-Pleasant Hill), a Navy veteran. House Speaker Rob Vescovo (R-Arnold) and Majority Floor Leader Dean Plocher (R-St. Louis) assisted in the ceremony.