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General Column – Week of March 3, 2008

Expanded DNA Profiling, Anti-Meth Bills Receive First-Round Approval by Senate


Senate passes cyberstalking, landlord liability and HPV bills on to the House


Jefferson City — Expanding DNA profiling to include certain juveniles, changing the definitions of stalking and harassment and copper theft prevention were all priorities for the Missouri Senate this week.

The DNA profiling measure, Senate Bill 754, sponsored by Sen. Rob Mayer (R-Dexter), received first-round approval by the Senate. The legislation expands the state’s DNA profiling by requiring juveniles found guilty of certain sex crimes, murder and other extreme criminal acts to provide a sample to the state’s DNA depository. It also penalizes those who refuse to submit or tamper with a DNA sample. The DNA profiling system is a tool that assists federal, state and local law enforcement agencies with the identification, investigation and prosecution of criminals.

Sen. Mayer also had another bill receive first-round approval this week. Senate Bill 1034, which seeks to curb the increase of copper theft in the state, requires scrap metal dealers to obtain driver’s license and vehicle information from the people who sell them copper. Records would include date, time and place of transaction, be kept for two years after the date of purchase, and would be available for inspection by any law enforcement officer. Scrap dealers who violate record-keeping requirements would face a Class A misdemeanor charge and thieves who steal copper and aluminum would be charged with a Class D felony.

Anti-meth legislation sponsored by Sen. Norma Champion (R-Springfield), SB 732, also received initial approval this week. Currently, pharmacies maintain a paper log and document any transactions where the customer purchases products that contain pseudoephedrine, a key ingredient in the production of meth. The act strengthens record-keeping procedures and mandates that pharmacies switch to an electronic, rather than written, log and that the real-time log include the signature of the buyer, the name of the product, and the date and time of the purchase.

A bill covering several aspects of substance abuse received first-round approval as well. Senate Bill 747, sponsored by Sen. Luann Ridgeway (R-Smithville), attempts to deter underage drinking in Missouri by placing tougher restrictions on minors and those who provide them alcohol. The act also prohibits the possession or use of alcoholic beverage vaporizers, devices that allow alcohol to move more quickly through the bloodstream.

A second vote sends these bills to the House for similar consideration.
Receiving final Senate approval this week was legislation related to cyberstalking, a prime issue this session. Senate Bill 818, sponsored by Sen. Scott T. Rupp (R-Wentzville), expands the definitions of stalking and harassment to include communications delivered by any means, even through the use of computers and other electronic devices. Stiffer penalties would also be put in place for stalking and harassment — particularly for repeat offenders. Sen. Rupp’s bill also makes it a crime for adults to harass children who are younger than 17 years old (or who claim to be). Another provision includes requiring school boards to create written policies used for reporting instances of harassment and stalking on school property.

Other bills receiving final approval this week and now moving to the House for similar consideration include:

  • Sen. Jeff Smith’s (D-St. Louis) landlord liability bill, SB 781, which shields property owners from liability for losses or damages sustained while removing a tenant’s personal property in order to clear out rental property following a legally ordered eviction.
  • Senate Bill 806, sponsored by Sen. Kevin Engler (R-Farmington), which requires all government buildings to fly the U.S. and Missouri flags at half-staff for one day when any Missouri resident is killed in combat.
  • Sen. Jolie Justus’ (D-Kansas City) human papilloma virus (HPV) vaccination bill, SB 778, which gives female students enrolling in sixth grade the opportunity to receive, at the option of a parent or guardian, the HPV vaccine.
  • Senate Bill 720, sponsored by Sen. Maida Coleman (D-St. Louis), which establishes a hot weather rule from June 1 to Sept. 30 and prohibits electric or natural gas companies from shutting off service to delinquent customers on days when the temperature is forecasted to rise above 95 degrees or the heat index above 105 degrees.

Other legislation discussed on the floor, though not receiving a vote this week included Sen. Yvonne Wilson’s (D-Kansas City) SB 764. The legislation allows individuals convicted of a felony under federal or state law involving the possession, use, or distribution of a controlled substance to be eligible for food stamp benefits. In exchange, the individual must successfully participate in or satisfactorily complete an approved substance abuse treatment program or comply with any court-ordered obligations.

Another bill that sparked discussion was SB 756, sponsored by Sen. Engler. The act changes the name of the Division of Mental Retardation and Developmental Disabilities to the Division of Developmental Disabilities. Proponents of the bill find the current name demeaning, while opponents argue that the title accurately describes a specific medical condition.

Sen. Mayer’s SB 1058 was also debated on the floor. The bill expands on the informed consent requirements for abortion to include several educational provisions. At least 24 hours prior to the procedure, a woman must review printed materials and videos detailing the risks of an abortion and the physiological characteristics of an unborn child. Women would also be provided the unborn child’s gestational age and be given the opportunity to view an active ultrasound and listen to a heartbeat. Another aspect of the legislation makes it a crime to intentionally coerce a woman into having an abortion.

Committee work continued this week in the Missouri Senate. The Ways and Means Committee heard testimony on SB 1049, which would expand the sales tax exemption on purchases of tangible personal property used in the repair and maintenance of aircraft. Bill sponsor Sen. Harry Kennedy (D-St. Louis) says this would give smaller airlines the same advantage larger airlines currently get in Missouri.

Senate Bill 1119, sponsored by Sen. John Griesheimer (R-Washington), was heard in the Financial and Governmental Organizations and Elections Committee. Sen. Griesheimer’s bill seeks to reimburse counties for the cost of incarcerating state prisoners by adding a $10 court cost to be assessed in all civil and criminal cases. The funds would then supplement the amount already appropriated by the General Assembly for this purpose.

Sen. Gary Nodler’s (R-Joplin) SB 1241, which would rework Missouri’s Second Injury Fund, was discussed in the Small Business, Insurance and Industrial Relations Committee. The fund is in place to help pay for injuries suffered on the job by people with previous injuries or existing disabilities. However, a shortage of funding may drain the fund within the next two years according to an independent audit. Returning to the fund’s original purpose of aiding wounded military veterans, Sen. Nodler’s bill mandates that after Jan. 1, 2009, only veterans with injuries that occurred while serving in the military would be eligible for benefits from the Second Injury Fund. This provision would only affect those injured after Jan. 1, 2009, not those already receiving benefits. Other workers who are not wounded veterans would receive second injury benefits through their employer.

The Judiciary and Civil and Criminal Jurisprudence Committee passed SB 767, sponsored by Sen. Jack Goodman (R-Mt. Vernon), this week. By enforcing maximum caseload restrictions, SB 767 seeks to offer relief to Missouri’s overworked public defender system. The legislation also provides for additional funding for the hiring of private counsel to supplement the workload as necessary.

Sen. Chuck Graham’s (D-Columbia) seatbelt legislation, SB 884, received approval from the Transportation Committee. This act requires all drivers and passengers in cars or trucks to wear a seatbelt — under current law, only the driver and front seat passenger are required to use seatbelts. Exemptions are allowed for United States Postal Service employees while performing their duties, people engaging in agricultural work-related activities and people with a physician-documented medical reason. In addition, law enforcement would now be allowed to stop those who violate the seatbelt law solely for the purpose of enforcing that law. Finally, the act requires that if there are more people than there are seatbelts in the vehicle, the passengers who are unable to wear seatbelts must sit in the back of the auto.

This week the Senate also passed an $80 million supplemental budget bill for Fiscal Year 2008. Each year, lawmakers approve a supplemental budget to cover any unforeseen costs for the fiscal year already in progress. An increase in funding for elementary and secondary education across the state is the largest economic component of the bill.

To follow these and other issues facing the Missouri Senate, visit www.senate.mo.gov. Visitors can track legislation as it passes through the General Assembly, learn more about their Senate district, or listen to streaming audio of legislative debate as it happens.

The Missouri Senate will reconvene at 4 p.m. Monday, March 10. The Second Regular Session of the 94th Missouri General Assembly will run through Friday, May 16.

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