Local Issues Take Center Stage

Several pieces of legislation I filed this session were heard in committee this week, all three of which pertain to issues affecting the 3rd District. On Tuesday, the Senate Judiciary and Civil and Criminal Jurisprudence Committee heard Senate Bill 143, relating to the crime of animal trespass.

The need for this legislation was brought to my attention the Ste. Genevieve County sheriff. He has been having a difficult time enforcing the county’s local animal trespass law, in regard to stray cats and dogs, because the owners had up to 12 hours to regain control under state law, which superseded it.

In 2013, a new law giving animal owners 12 hours to maintain adequate control of their animals was passed by the General Assembly. The intent was to help livestock owners if a rancher’s stock was roaming free because a fence failed. The general definition of animal was used and is the reason the change in my bill is needed. Senate Bill 143 simply removes the 12-hour provision on stray dogs and cats, requiring owners to immediately regain control of their pets and also allowing our county sheriff’s to enforce their ticketing policies if necessary. It does not impact state law regarding livestock, and hunting dogs are still exempt from this provision.

Senate Bill 225 was also heard on Tuesday by the Commerce, Consumer Protection, Energy and the Environment Committee. I was very grateful to all the witnesses who came to testify on behalf of this legislation, which seeks to provide a greater level of consistency within the appeals process.

In passing last year’s mining notification bill, we had numerous conversations with the Department of Natural Resources (DNR) and various other players on how to standardize the very complex and confusing appeals process. It was during these conversations that we came up with a standardized form for the appeals process, and the resulting bill ended up becoming a model for that improved process. Senate Bill 225 is a continuation of those efforts: it standardizes the appeals process for every board and commission under the DNR and those appeals that are heard by the Administrative Hearing Commission.

On Wednesday, Senate Bill 252 was heard in the Senate Transportation, Infrastructure and Public Safety Committee. Under current law, it is a crime to possess, deliver, deposit or conceal certain items in a prison or jail. This act adds two-way telecommunications devices, such as cell phones, and their component parts to the list of prohibited items. Senate Bill 252 would not apply to law enforcement officers who are lawfully engaged in their duties or any person who is authorized to use such a device in the facility.

This bill is in response to the State of Missouri v. Johnnie William. Mr. William was incarcerated at the Jefferson City Correctional Facility when a cell phone was recovered during a search of his cell.

During his appeal, Mr. William argued two points: (1) His conviction for possessing a cell phone in a correctional center violated the void for vagueness doctrine since a cell phone isn’t inherently dangerous. The appellate court denied this argument; (2) The evidence was insufficient because the jury couldn’t reach a ‘subjective state of near certitude’ that a cell phone could endanger the safety or security of the facility.

Because of the statutory construction principal, the list of items that are considered to be inherently dangerous in the context of correctional facilities must be similar in nature. Those items currently include objects such as guns and knives; since cell phones aren’t similar to guns and knives, the court couldn’t conclude that a cell phone is inherently dangerous and they granted Mr. William’s second argument.

The idea of inmates possessing cell phones is concerning for a number of reasons. An inmate with a cell phone is an inmate with access to the outside world. If two prisoners both have cell phones, they could coordinate an effort that would create havoc within the facility, and pose a serious safety risk to the other inmates and the correction officers who are charged with managing their day-to-day activities. Senate Bill 252 is especially important for the residents of the 3rd District, which contains several correctional facilities.

I welcomed a number of visitors to the Capitol this week. I was honored to introduce Rob Walsh, Cassandra Decker, and all their fellow Certified Registered Nurse Anesthetists as special guests on the Senate floor on Wednesday. I also met with Angela Pierce, a social work student from Farmington; Dr. Jane Otto, DDS; several students from Jefferson College and Dr. Ray Cummiskey; Jim and Delores Howard with the University of Missouri Extension; youth from the 4-H organization; Kevan and Vonne Karraker with the Missouri Chapter of the National Academy of Elder Law Attorneys; Dr. Terpestra with the Missouri State Medical Association’s White Coat Day; Tony and Jan Harbison and Darrell and Gloria Dement with Farm Bureau; and Steve Farmer with the Jefferson County Public Administrator’s Office.

Thank you to everyone for stopping by. It’s always a pleasure to meet with constituents and organizations from back home and hear their thoughts and concerns on state government.

Sen. Romine’s Sponsored Legislation for 2015

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