2023 End-of-Session Report
Post Date: June 1, 2023
General Session Information
In the last 30 years, the fewest number of bills to clear the General Assembly was 31 during the pandemic-shortened session of 2020. At 43, this session marks the second lowest number of bills to make it to the Governor’s desk.
The total number of bills, concurrent resolutions, and joint resolutions proposed this session were 2,267. Of those, the Senate filed 789 and the House filed 1,478. At the end of session, only 63 bills were Truly Agreed to and Finally Passed, 36 Senate bills and 27 House bills (20 of those are the FY2023 Supplemental bills and FY 2024 operating budget) making the total number of non-budget policy related bills to be “Truly Agreed and Finally Passed” this session 43.
Legislation of Interest Truly Agreed and Finally Passed by the General Assembly at the end of the 2023 session is listed below. July 14th is the final day in which the Governor can sign bills. Signed bills without an emergency clause go into effect August 28, 2023.
Appropriations
We had a great budget season securing a onetime general revenue (GR) influx to the Victims of Crime Act (VOCA) at $30 million and an additional $24 million VOCA-ARPA (American Recovery Plan Act) re-appropriations. An additional $3 million was added to the existing $750,000 in general revenue to support sexual assault services in the (SVSS) grants administered by DSS. All other core funding remained intact. Now we await approval by the Governor so it is available for FY 2024.
Priority Legislation
Creates the “Missouri First Responder Mental Health Initiative Act”
RIGHTS OF VICTIMS OF CRIMES
(modifies RSMo. 595.209)
This act adds that the victim shall be notified by certified mail or by electronic mail.
Under current law, victims of certain crimes shall be notified by the prosecutor’s office and law enforcement of certain filings or status updates in the criminal case of which he or she is a victim.
RURAL EMERGENCY HOSPITALS
(modifies RSMo. 197.020)
This act modifies the term “hospital” for purposes of licensure to include facilities designated as rural emergency hospitals by the Centers for Medicare and Medicaid Services. The impact of this change has yet to be seen and we will keep you informed as we learn more.
FENTANYL TESTING
(creates RSMo. 579.088)
Under this act, it is now lawful to manufacture, possess, sell, deliver, or use any device, equipment, or other material for the purpose of analyzing controlled substances to detect the presence of fentanyl or any synthetic controlled substance fentanyl analogue.
Modifies provisions relating to access to public records of the Missouri highway patrol
BIRTH CERTIFICATES FOR VICTIMS OF DOMESTIC VIOLENCE
(modifies RSMo. 193.265)
This act waives any required fees for the issuance or copy of a birth certificate if the request is made by a victim of domestic violence or abuse and if the victim provides documentation signed by an employee, agent, or volunteer of a victim service provider, attorney, or health care or mental health professional stating that such person believes that the victim has been involved in an incident of domestic violence or abuse. A victim may only be eligible once for the fee waiver.
Modifies provisions relating to child support and custody
Child Support and Custody
(modifies RSMo. 452.375, 454.1005)
Bills to create a court’s presumption of 50/50 custody have been before the legislature for years. Each year MOCADSV advocated that if it should pass it would include provisions for victims of domestic violence. It made it across the finish line this year when it was included in a larger child support reform bill. The domestic violence provisions are included in this bill and changed the original language from clear and convincing to a preponderance of evidence.
This act adds a rebuttable presumption when determining child custody arrangements that an award of equal or approximately equal parenting time to each parent is in the best interests of the child.
However, such presumption may be rebutted by a preponderance of the evidence as specified in the act, including an agreement by the parents on all issues related to custody or a finding by the court that a pattern of domestic violence has occurred.
Additionally, current law requires a court considering child custody to consider and enter written findings of fact and conclusions of law on the child’s wishes as to his or her custodian. This act modifies this provision to require that the court instead consider the child’s unobstructed input, free of coercion and manipulation, as to his or her custodial arrangement.
Part of the child support reform aspects of this bill provides that the hearings to determine whether the suspension of a business, occupational, professional, recreational, or other license is appropriate when an obligor is not in compliance with a child support order shall comply with due process and shall consider all relevant factors, including the obligor’s current and past ability to pay the support, his or her need for transportation, experiencing a life-changing event, including divorce or domestic violence, and his or her need for the license for continued employment.
Modifies provisions relating to health care
OFFICE OF CHILD ADVOCATE
(modifies RSMo. 37.725)
Currently, the identity of a complainant or recipient shall not be disclosed by the Office of Child Advocate unless they or their legal representative consents or a court orders the disclosure. This act permits disclosure of such identities if the Child Advocate determines that disclosure to law enforcement is necessary to ensure immediate child safety.
TRANSITIONAL BENEFITS FOR TANF, SNAP, AND CHILD CARE
(modifies RSMo. 208.035 and 208.053)
The impact of this change will be significant for recipients whose monthly income has exceeded the maximum allowable income for program eligibility. So, for those who may receive a salary increase or promotion that could have put them dollars above the eligibility threshold they won’t have an immediate withdrawal of benefit payments.
This act establishes, subject to appropriations, a transitional benefits program for Temporary Assistance for Needy Families (TANF) and the Supplemental Nutrition Assistance Program (SNAP). Such transitional benefits shall be designed to assist recipients of such programs whose monthly income has exceeded the maximum allowable income for program eligibility to continue receiving reduced benefits, as described in the act. Recipients of transitional benefits shall comply with all requirements of each program for which they are eligible, including work requirements. Transitional benefits received under this act shall not be included in the lifetime limit for TANF benefits.
This act modifies provisions relating to transitional child care benefits by expanding the Hand-Up pilot program statewide for individuals whose incomes exceed the maximum allowable amount for the full child care subsidy benefit. Transitional child care benefits shall be reduced benefits determined on a sliding scale as the recipient’s income increases, with the recipient paying the remainder of the fee to the child care provider. Additionally, this act removes the expiration date of the Hand-Up program.
PUBLIC ASSISTANCE APPLICATIONS
(modifies RSMo. 208.066 and 208.072)
Under this act, the Department of Social Services, subject to federal approval, shall limit any initial application for SNAP, TANF, child care assistance, or any medical assistance or health insurance program to a concise, non-duplicative, and easily accessible form on the Department’s website. Program participants who are required to complete a periodic eligibility review form may submit such form as an attachment to their Missouri state individual income tax return if the eligibility review form is due at the same time as the tax return. Such eligibility forms shall also be made accessible on the Department of Revenue’s website.
MO HEALTHNET ELIGIBILITY REDETERMINATIONS
(modifies RSMo. 208.239)
Finally, within 30 days of the effective date of this act, the Department of Social Services shall resume annual MO HealthNet eligibility redeterminations, renewals, and post-enrollment verifications.
Modifies provisions relating to public health
(Senate Bills 45, 106 and House Bill 402)
PATIENT EXAMINATIONS
(modifies RSMo. 191.240):
Under this act, no health care provider, or any student or trainee under the supervision of a health care provider, shall perform a patient examination, defined as a prostate, anal, or pelvic examination, upon an anesthetized or unconscious patient in a health care facility, unless: (1) the patient or person authorized to make health care decisions for the patient gives specific informed consent for nonmedical purposes, (2) the patient examination is necessary for diagnostic or treatment purposes, (3) the collection of evidence through a forensic examination for a suspected sexual assault is necessary because the evidence will be lost or the patient is unable to give informed consent due to a medical condition, or (4) emergency implied consent, as described in the act, is present. A health care provider shall notify a patient of any such examination performed.
A health care provider who violates the provisions of this act, or who supervises a student or trainee who violates the provisions of this act, shall be subject to disciplinary action by the provider’s licensing board.
MO HEALTHNET FOR PREGNANT AND POSTPARTUM WOMEN
(modifies RSMo. 208.151, 208.662)
Under this act, MO HealthNet coverage for these low-income women will include full Medicaid benefits for the duration of the pregnancy and for one year following the end of the pregnancy.
Currently, low-income pregnant and postpartum women receiving benefits through MO HealthNet for Pregnant Women or Show-Me Healthy Babies are eligible for pregnancy-related coverage throughout the pregnancy and for 60 days following the end of the pregnancy. This coverage shall begin on the effective date of the act and shall continue during any period of time the federal authorization for such coverage is in effect.
Other Bills of Interest
Modifies provisions relating to criminal laws
(Senate Bill 189) – Vetoed by Governor
Children & Firearms
OFFENSE OF ENDANGERING THE WELFARE OF A CHILD
(modifies RSMo. 568.045):
This act adds to the offense of endangering the welfare of a child in the first degree that any person who knowingly encourages or aids a child less than 17 to engage in any conduct violating law relating to firearms shall be guilty of a class D felony.
Firearms
BLAIR’S LAW
(modifies RSMo. 571.031)
This act establishes “Blair’s Law” which specifies that a person commits the offense of unlawful discharge of a firearm if, with criminal negligence, he or she discharges a firearm within or into the limits of a municipality. Any such person shall be guilty of a class A misdemeanor for the first offense, a class E felony for the second offense, and a class D felony for any third or subsequent offenses. These provisions will not apply if the firearm is discharged under circumstances as provided in the act.
OFFENSE OF UNLAWFUL POSSESSION OF FIREARMS
(modifies RSMo. 571.070)
Under current law, unlawful possession of a firearm is a Class D felony, unless a person has been convicted of a dangerous felony then it is a Class C felony. This act changes the penalty for the offense to a Class C felony, unless a person has been convicted of a dangerous felony or the person has a prior conviction for unlawful possession of a firearm, then it is a Class B felony.
MAX’S LAW
(modifies RSMo. 575.010, 575.353, 578.007, & 578.022)
This act, “Max’s Law”, enhances the penalty for assault on a law enforcement animal. Under current law, the offense of assault on a law enforcement animal is a Class C misdemeanor. This act provides that the offense of assault on a law enforcement animal is a Class A misdemeanor, if the law enforcement animal is not injured to the point of requiring veterinary care or treatment. The charge is a Class E felony if the law enforcement animal is seriously injured to the point of requiring veterinary care or treatment; and a Class D felony if the assault results in the death of the animal.
Additionally, exemptions to the offenses of agroterrorism, animal neglect, and animal abuse shall not apply to the killing or injuring of a law enforcement animal while working.
Finally, this act adds that any dog that is owned by or in the service of a law enforcement agency and that bites or injures another animal or human is exempt from the penalties of the offense of animal abuse.
