General Column – Week of May 19, 2008
61 Senate Bills Clear General Assembly
138 Total Bills Sent to the Governor in the 2008 Legislative Session
Jefferson City — When the 2008 legislative session came to a close last Friday, 138 of the nearly 1,900 bills introduced this year had received final approval from lawmakers in both chambers. As legislators head back to their respective districts, the bills they passed will be reviewed by the governor in the coming weeks.
Many significant measures were approved in the final hours of the legislative session. Online harassment is now a crime under SB 818, sponsored by Sen. Scott T. Rupp (R-Wentzville). The legislation also expands stalking and harassment laws to include Web-related communications and increases the penalties for such crimes. The new measure upgrades the charge of harassment from a Class A misdemeanor to a Class D felony, when the perpetrator is 21 years old or older and the victim is 17 years old or younger. Class D offenses are punishable by up to four years in prison with accompanying fines. Repeat harassment offenders, regardless of ages involved, will also be charged with a Class D felony.
In addition, SB 818 requires school boards to add Internet stalking to the list of crimes they must report.
A comprehensive crime bill, sponsored by Sen. John Loudon (R-Chesterfield), is one step away from the law books. Senate Bill 714 strengthens the protection already in place for Missouri children, particularly as it relates to sexual offenders — including those who exploit children online. The legislation expands the state’s sex offender registry to include online identifying information and the names of juveniles found guilty of certain sexual crimes, strengthens the severity of charges for sex crimes or attempted sex crimes against children, and overturns an existing state law that allows attorneys or child pornography defendants to retrieve alleged pornographic evidence. Other provisions of the measure:
- Impose stronger penalties for the possession of child pornography, which will be considered a Class C felony or Class B felony, depending on previous offenses and other circumstances. Under the new statute, those convicted of promoting child pornography will be ineligible for probation or parole for at least three years.
- Increase the penalty for parental kidnapping from a Class D felony to a Class C felony, and in cases where the child is detained for more than 120 days — a Class B felony. A Class B felony is considered a “dangerous felony” and persons convicted of dangerous felonies are required to serve 85 percent of their sentences.
- Broaden the admissibility of testimony in court of children under age 14 involved in child pornography cases.
- Require any person whose name is on a sex offender registry in another state who attends any public or private school in Missouri to provide information to the registry. The bill also adds the crime of conspiring to commit certain sexual offenses to the list of crimes for which a person must register and shortens the amount of time convicted sex offenders have to register with law enforcement officials. They must register within three days of their conviction, release from incarceration, or placement on probation.
- Ban sex offenders from participating in all Halloween-related festivities involving children.
Campaign contribution limits will be repealed if the governor signs off on SB 1038. The bill also changes the campaign fund reporting requirements by mandating that campaign contributions be electronically filed within 48 hours of receiving the contribution if it exceeds $5,000.
An omnibus utilities bill, SB 720, also cleared the General Assembly. The measure, sponsored by Sen. Maida Coleman (D-St. Louis), creates the “Manufacturer Responsibility and Consumer Convenience Equipment Collection and Recovery Act” by requiring manufacturers of computers to implement recovery plans for the collection of and the recycling or reuse of their obsolete equipment. Before a manufacturer can sell its computers in Missouri, the recovery plan must be implemented and a copy of the plan submitted to the Department of Natural Resources. The department will educate consumers about the recycling and reuse of computers and provide a Web site with any relevant information relating to the program.
The bill also creates a hot-weather rule by prohibiting electric or natural gas companies from shutting off service to past-due customers on days when the temperature is forecasted to rise above 95 degrees or the heat index above 105 degrees.
Under the legislation, Aquila, Inc., will be allowed to keep the power plant it constructed in Cass County without local approval. However, county residents will retain the ability to seek restitution from the company for any damages.
Finally, SB 720 increases the maximum amount, from $600 to $800 per year, which may be paid from the Utilicare Stabilization Fund to heating or cooling providers on behalf of eligible households.
Also passed by lawmakers was an economic development measure, SB 718. The bill, sponsored by Sen. Harry Kennedy (D-St. Louis), increases the annual cap on the amount of certain tax credits, such as the Enhanced Enterprise Zone program and the Neighborhood Assistance program. It also expands and extends the Quality Jobs Act, increasing the maximum annual amount of tax credits that may be issued from $40 million to $60 million and extending the program through August 2013.
The governor’s signature enacts the above legislation into law.
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 watch video or listen to audio highlights of the Second Regular Session of the 94th Missouri General Assembly.
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