Capitol Report: Rep. Jeff Coleman, MO District 32

This is an editorial: An editorial, like news reporting, is based on objective facts, but shares an opinion. The conclusions and opinions here have been derived by the guest contributor and are not associated with the news staff.

by Rep. Jeff Coleman, MO District 32
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Lawmakers Approve Funding for Critical Infrastructure Projects (HB 17, HB 18, HB 19, and HB 20)
     House members this week approved four bills that appropriate more than $5.4 billion in funding for vital infrastructure projects and programs across the state.   
     Lawmakers approved HB 17 to re-appropriate funding for state parks around Missouri. In total the bill contains nearly $431 million in funding. House members also gave their stamp of approval to HB 18 to continue ongoing funding that will keep state facilities maintained and repaired. The bill allocates a total of more than $588 million for that purpose.
     With the approval of HB 19 legislators authorized more than $1.7 billion in funding for crucial capital improvement projects. Included in that total is $859 million in funding to widen and rebuild the I-70 corridor. The plan is a priority of Gov. Mike Parson who called for the funding to expand the highway to six lanes from St. Louis to Warrenton, Kansas City to Odessa, and extending both East and West from Columbia. The governor said the expansion would improve inter and intrastate travel for Missourians, visitors, and goods and services as well as reduce traffic injuries and deaths.
     House members also authorized $100 million in funding for maintenance and repair for the state’s minor and low volume roadways. The additional funding will help provide much-needed upgrades to overlooked roadways in the state’s rural areas.
     The bill also works to improve public safety in Missouri by investing more than $30 million in funding for new facilities and training for law enforcement. It also prioritizes improving access to health care by allocating more than $26 million for construction and expansion of vital health care facilities across the state. Additionally, the bill appropriates $10 million to help address the lack of housing for the homeless in Springfield.
     The House Budget Chairman said HB 19 provides vital funding to important projects across the state but also requires buy in at the local level. He said, “We’re doing a lot of good things here with this bill, investing heavily into our infrastructure and getting local participation in many cases.”
    The final budget bill approved by the House, HB 20, re-appropriates approximately $2.7 billion in federal American Rescue Plan Act funds for various programs and projects.
All four bills now move to the Senate for consideration. The two chambers must reach final agreement on the bills by Friday, May 5.

House Approves Legislation to Protect and Strengthen Second Amendment Rights (HB 282)
     The Missouri House has approved legislation that would expand the rights of concealed carry permit holders. By a vote of 102-45, House members approved HB 282 to allow law-abiding citizens the right to defend themselves on public transportation.
     The legislation allows a concealed carry permit holder to lawfully carry firearms on public transportation. Anyone with a permit may also carry a firearm while traveling by bus. The bill does not apply to property of Amtrak or any partnership in which Amtrak engages.
     “Violence and crime don’t discriminate,” said the sponsor of the bill. “We all have the potential of running into situations where we have to utilize self-defense to protect ourselves and those we love. Prohibiting lawful citizens from carrying concealed is like putting all the sheep in a pen and telling the wolf where they’re at.”
      He added, “I believe that this legislation will discourage criminal activity on our public transportation systems, but most importantly it will ensure that we maintain our constitutional right to self-defense.”
     HB 282 also allows a person with a valid concealed carry permit to lawfully carry firearms in churches and other places of worship. Additionally, the bill lowers the age requirement from at least 19 to 18 years of age or older for concealed carry permits. The bill also removes the ban on eligibility for a concealed carry permit or a Missouri lifetime or extended concealed carry permit if the applicant has pled guilty to or entered a plea of nolo contendere of certain crimes.
     The bill’s sponsor concluded his remarks on the legislation by saying, “I stand by the constitution. I stand by my constituents and I stand by the would-be victims and the victims who simply want to be able to defend themselves against the perpetrators of violence and crime.”
     The bill now moves to the Senate for consideration.
 
Other Bills Sent to the Senate
     HB 183 is meant to promote fairness in competition and opportunity for female student athletes. The bill would prohibit public school districts and charter schools from allowing students grade six to 12 and public and private postsecondary educational institutions from allowing any student to compete in an athletics competition designated for the opposite sex, as determined by the student's official birth certificate. The bill clarifies that biological sex is only correctly stated on birth certificates if it was entered at or near the time of birth or modified to correct scrivener's error. The bill also makes it clear a female student may be allowed to compete in an athletic competition designated for male students if there is no such athletic competition for female students offered.
     The bill’s sponsor said the legislation is important because, “Biological males are bigger, they are stronger, and they are faster. The majority of women simply cannot compete. Years of competing against biological males will wipe out female sports as we know it. We must protect the gains women have made in the last 50 years.”
     The legislation specifies that any school district, charter school, or private school that violates the provisions of the bill will have a portion of their state funding withheld by the Department of Elementary and Secondary Education. Any public postsecondary educational institution that violates the provisions of the bill would have to remit a fine in the amount of 25% of their current fiscal year state operating appropriation for a first violation, 50% for a second violation, and 100% for subsequent violations. The bill also allows postsecondary education institutions to be fined up to $1 million by the Coordinating Board of Higher Education.
 
    HJR 20 would allow voters to decide if the rights of hunters and anglers should be enshrined in the Missouri Constitution. If approved by both the House and Senate and by the voters of Missouri, the measure would guarantee the right of hunters and anglers in the state to engage in hunting and harvesting wildlife and fishing by legal means, subject to duly authorized powers of the Conservation Commission.
     The sponsor of the legislation said, “This preserves the right of folks in our state to hunt and fish. The same rights we enjoy now, it intends to preserve those rights.” He added, “More than 25 states have adopted an amendment similar to this as a result of the similar concern that some groups across the country might want to detract from this fundamental right that we enjoy to hunt and fish.”
     If approved by both chambers, the proposed change to the state constitution will appear on the November 2024 ballot for voter approval.
 
     HB 894 modifies the Motor Vehicle Franchise Practices Act (MVFP Act). The bill prohibits certain entities from engaging in the business of selling motor vehicles, except as permitted by the MVFP Act, and specifies parties that will have standing to enforce the prohibitions. The bill requires every licensed motor vehicle dealer to collect and remit sales tax on all motor vehicles sold. The Director of the Department of Revenue may promulgate rules and regulations for the administration of this bill. The bill also requires that used motor vehicles get an inspection at the seller's expense no more than 60 days prior to a sale. The inspection is not required for vehicles having less than 40,000 miles for the three-year period following the model year of manufacture.
 
    HB 424 establishes the "License Office Distribution Fund", which consists of certain moneys collected by motor vehicle registration fee offices, and used solely for the purposes specified in the bill. Beginning after December 31, 2024, but no later than February 15, 2025, equal quarterly disbursements will be made from the fund to the fee offices awarded contracts under this section, except as provided in the bill. The bill increases several fees authorized to be charged by motor vehicle registration offices.
 
    HB 782 changes the law regarding advertisements and orders of publication in newspapers. Currently, in order to qualify as legally acceptable to run public notices and advertisements, a newspaper must have been published regularly for a period of three years or must be the successor newspaper to a defunct newspaper and have begun publication no later than 30 days after the termination of the prior newspaper. This bill reduces the time period of regular publication from three years to one year, and increases the time period from 30 days to 90 days within which a successor newspaper must begin publication. The bill also allows a newspaper that has been purchased or newly established by another newspaper that satisfies these conditions to qualify. Supporters say the publication of public notices in newspapers is a vital component to transparency and good government. The relationship between local papers and political subdivisions is symbiotic, helping the former survive and the latter better serve their constituents. Shortening the time a paper must operate before it can start publishing public notices will bring Missouri in line with other states and allow the benefits of public notices to occur more quickly for small communities. Lengthening the time period for successor newspapers will give them more time to become established before taking on a large workload and public responsibility.

     HB 1207 adds any earthen basin constructed to retain and settle nontoxic, nonmetallic earthen materials to the activities excluded from construction permits. Supporters say that due to recent statutory changes, earthen basins at quarries to retain earthen materials may have to conform to requirements for basins holding effluent. This bill would ensure that quarries can meet the same construction standards as they always have and not be subjected to stricter requirements.
 
     HB 471 provides for personnel payments to be made according to specific, written criteria, predetermined and approved by the department director in writing, at least one year prior to the exceptional employment achievement. The payments authorized by the bill shall not exceed 20% of the employee's base wages or salary and are awarded upon the completion of the retention period in question and not more frequently than annually. Supporters say the bill would help recruit and retain talent in the state employee workforce.
 
     HB 37 specifies that a record for the sale of a catalytic converter must include the Vehicle Identification Number (VIN) of the vehicle from which the catalytic converter was removed. Supporters say the bill addresses the growing problem of catalytic converter theft.
 
     HBs 1108 & 1181 is a wide-ranging public safety bill that will help protect Missourians and especially children. The bill ensures further protections for children and the mentally disabled from the sex offenders who committed these offenses against them. The bill requires people who have committed offenses against these groups of victims, the vulnerable population, to be lifetime registrants on the sex offender registry. It also requires background checks for those working in a marijuana facility. The bill decriminalizes the possession of brass knuckles. The bill prohibits a court from issuing an arrest warrant for a person’s failure to respond, pay a fine, or appear in court for a motor vehicle equipment violation citation classified as an infraction. Includes language for ATM theft. Additionally, it removes residency requirements for St. Louis police department personnel as well as for any employee of the City of St. Louis.
 
     HB 155 creates the "Show-Me MyRetirement Savings Administrative Fund", which is a multiple-employer retirement savings plan treated as a single plan under Title I of The Employee Retirement Income Security Act of 1974 (ERISA) under 401(a), 401(k), and 413(c) of the Internal Revenue Code, in which multiple employers may voluntarily choose to participate regardless of whether any relationship exists between and among the employers other than their participation in the plan. Supporters say over 40% of Missouri workers have no access to retirement savings through their employers. In addition, the workers may not have a pension or retirement pension plan. Lumping businesses together to make it affordable to offer the savings plan through the State Treasurer's Office (STO) also achieves economies of scale and reduces expenses to the employer. The STO would administer the Plan. This bill seeks to provide for more Missourians to take personal responsibility for their future and to save for retirement.
 
     HB 934 modifies provisions relating to employee benefit plans. Currently, the General Assembly and the governing body of a county are prohibited from appropriating funds into the Sheriffs' Retirement System. The bill reverses this provision and allows the General Assembly and the governing body of a county to appropriate funds for deposit into the Sheriffs' Retirement System. Supporters say the bill addresses a recent court ruling that has had the result of removing any funding mechanism for sheriff's pensions. It is estimated that in nine years the Sheriff's Retirement System will become insolvent. The State and various counties have an obligation to support retired sheriffs who have relied upon the guarantee of their retirement system throughout their careers. The bill also contains multiple provisions relating to retirement systems and employment benefit plans.
 
     HBs 45 & 1066 specifies that, any cosmetologist holding a license to practice certain categories of cosmetology, as described in the bill, may register with the State Board of Cosmetology and Barber Examiners for a personal service registration to provide services to clients who are ill, disabled, or otherwise unable to travel to a cosmetology establishment. An applicant for a personal service registration shall submit to the Board an application, the fee set by the Board, and a copy of the applicant's license. An applicant for a personal service registration may be denied if the applicant has pled guilty or been found guilty of any of the offenses set forth in the bill.  Supporters say this is needed to help individuals with a disability. This provides less restrictions on our licensed cosmetologists in a safe way. The bill changes the definition of "tattoo" in the tattooing requirements under state law to include the insertion of ink or both ink and pigment with the aid of needles or blades using hand-held or machine-powered instruments. The bill also changes the definition of "tattoo" to include a mark made on the face or body of another person for cosmetic purposes or to any part of the body for scar coverage or other corrective purposes by insertion of a pigment, ink, or both pigment and ink under the skin with the aid of needles.
 
     HB 188 establishes the "Immigrant Employment Registration and Taxation Protection Act". As specified in the bill, the Missouri Department of Labor and Industrial Relations (DOLIR) is required to maintain a database or registry of qualified immigrant workers. The DOLIR shall provide employers with a mechanism to verify registration of any qualified immigrant workers. Further, upon receiving documentation from a qualified immigrant worker, the employer is required to provide the documentation to DOLIR as indicated in the bill. Supporters say the bill addresses a current deficiency in Missouri law concerning illegal or unclassified workers. There is currently a large number of "unclassified" aliens living and working in the United States, as well as Missouri. The first step to addressing this problem is to shine a light on the illegal and often abusive employment of these aliens. It is important to register the employment of these aliens with the state, and take steps to make employers accountable. There are a number of large commercial developments in Missouri with much of the labor being done by unclassified workers. The Department of Labor is not taking appropriate action. This bill gives the state the tools necessary to address this problem. 
 
     HB 542 establishes the Health Professional Loan Repayment Program within the Department of Health and Senior Services, offering forgivable loans to pay off existing student loans and other education expenses for health care, mental health, and public health professionals. Supporters say the bill would help attract talent to underserved areas of the state. If a medical professional sets up practice in a community, they tend to stay there for the duration of their career. This could encourage new health care professionals to relocate to areas where there are currently not any or far too few health professionals practicing. This could be a lifeline to struggling rural hospitals and assisted living facilities, which must close if they don't have enough staff to operate.
 
     HBs 1082 & 1094 modifies provisions related to mental health care. Currently, a judge may order a pretrial examination of an accused person whom the judge has reasonable cause to believe lacks mental fitness to proceed. The psychiatrist, psychologist, or physician performing the examination shall submit a report with findings, opinions, and recommendations on treatment in suitable hospitals. This bill requires the examination report to contain recommendations as to whether the accused, if found to lack mental fitness to proceed, should be committed to a suitable hospital for treatment or if the treatment can be provided in a county jail or other detention facility approved by the Director of the Department of Mental Health. Additionally, the report shall contain a recommendation as to whether the accused, if found to lack mental fitness to proceed and if not charged with a dangerous felony, murder in the first degree, or rape in the second degree, should be committed to a suitable hospital facility or may be appropriately treated in the community, and whether the accused can comply with bond conditions and treatment conditions. The Director, or his or her designee, shall determine the locations and conditions under which treatment shall be provided to the accused. Supporters say competency restorations on occasion need to be conducted outside of a hospital setting, and several issues, including waiting times for evaluation, and subsequent waits for admittance and treatment, may be relieved by the bill's provisions. For sufferers, symptoms can worsen and may be extremely difficult or dangerous for jail staff to manage, with additional complications resulting from the workforce shortage in these settings. Offenders must be cognitively able to participate in their criminal proceedings, and due process must occur.
 
     HB 437 will allow the board of trustees for consolidated public library districts to modify the existing district's fiscal year from July 1 to June 30 to a different set of dates. The budget shall still be approved before the end of the fiscal year set by the board. Supporters say the bill will provide flexibility for the library districts.
 
     HB 1214 modifies the deadlines for filing a declaration of candidacy. The political subdivision or special district calling an election to fill any office must notify the public of the opening filing date, the office to be filled, the proper place for filing, and the closing date for filing before the 16th rather than the 17th Tuesday prior to the election. The bill changes the opening filing date from the 17th to the 16th Tuesday prior to the election, and changes the closing filing date from the 14th to the 13th Tuesday prior to the election. If the closing filing date happens to coincide with a state or federal holiday, the closing filing date shall be 5:00 pm on the next day that is not a holiday. 
 
     HB 836 establishes the "Operation Enduring Freedom, Operation Freedom’s Sentinel, and Operation Allies Refuge Program". This Program would award medallions, medals, and certificates of appreciation to veterans who honorably served on active duty in the United States military service at any time between October 7, 2011, and August 30, 2021, and who were honorably separated and discharged from military service. Supporters say this is another way for us to show our appreciation for those who served our country.
 
     HB 1117 requires that an individual be deceased for five years before they can have a holiday named after them. Beginning January 1, 2024, in order for a day to be designated, the individual to be honored shall be deceased for at least five years. If the individual was killed in combat while on active duty in the military or killed in the line of duty as a first responder, a day can be designated in honor of him or her after one year. Supporters say this would give enough time to vet a potential candidate and make sure he or she is deserving of the day of recognition.
 
     HB 303 modifies provisions relating to police officer retirement systems and allows a surviving spouse to continue receiving retirement benefits notwithstanding the surviving spouse's remarriage. Supporters say the bill seeks to remedy the egregious situation created where a spouse in St. Louis loses all of their benefits when he or she remarries. A surviving spouse in the St. Louis area is treated differently than the surviving spouse in Kansas City. Other employees in the St. Louis government structure receive survivor benefits and there are provisions in place where a surviving spouse in Kansas City continues to receive the pension benefits. The changes in the bill are unlikely to have a material impact on future funding and no retro liability is created on the system.
 
     HB 716 changes provisions relating to education services. Currently, domiciliary school districts must pay costs for educational services rendered by a resident district for any child temporarily in a children's hospital licensed under state law. This bill expands the requirement to include children that are in a psychiatric residential treatment facility. Supporters say adding this language will provide much needed services to children who needs them. This bill will also update our statutes to current practices. The bill also provides that any school board vacancy that occurs in a metropolitan school board outside of the normal election cycle will be filled by appointment by the board for the remainder of the term.
 
      HB 1023 authorizes an income tax exemption for: (1) A percentage of capital gains of up to $6 million per year, as set out in the bill, received by a taxpayer who sells all or a portion of his or her farmland to a beginning farmer; (2) Cash rent income of up to $25,000 per year received by a taxpayer who leases all or a portion of his or her farmland to a beginning farmer; and (3) Income of up to $25,000 per year received from crop share arrangements with a beginning farmer on all or a portion of a taxpayers farmland. The bill also requires the Department of Revenue to report annually to certain committees of the House of Representative and the Senate regarding the cost and benefits regarding the subtraction of capital gains for transactions with beginning farmers. Supporters Missouri has a rich agricultural history and it is important to keep farmland in production agriculture for future generations. However, the biggest threat to agriculture in the state is the aging farmer. The average age of the Missouri farmer is 58 years old and less than 5% of farmers are under the age of 35. Currently, there are state and federal programs to help young farmers. This bill would provide an incentive to aging farmers to sell part or all of their farm to a young farmer.
 
     HB 1034 modifies provisions related to the placement of a child. Currently, when placing a child in the custody of an individual or of a private agency or institution, the court must, whenever practicable, select either a person, or an agency or institution governed by persons of the same religious faith as that of the parents of such child, or in case of a difference in the religious faith of the parents, then of the religious faith of the child or if the religious faith of the child is not ascertainable, then of the faith of either of the parents. This bill requires Children's Division, within the Department of Social Services or any child-placing agency contracting with the state to provide foster care services to also follow the same procedure. The bill also modifies the definition of a "missing child" in the context of law enforcement searches of missing children to include persons under 18 years of age, foster children regardless of age, emancipated minors, or homeless youth. Any agency or placement provider, including the Children's Division, with the care and custody of a child who is missing shall file a missing child complaint with the appropriate law enforcement agency within two hours of determining the child to be missing. The law enforcement agency shall immediately submit information on the missing child to the National Center for Missing and Exploited Children (NCMEC). The law enforcement agency shall institute a proper investigation and search for the missing child and maintain contact with the agency or placement provider making the complaint. The missing child's entry shall not be removed from any database or system until the child is found or the case is closed.
 
     HB 1038 establishes the "Intern and Apprentice Recruitment Act". Beginning January 1, 2024, a taxpayer may claim a tax credit against the taxpayer's state taxes in an amount equal to $1,500 for each intern or apprentice hired at a pay rate equal to or greater than minimum wage, provided that the following criteria are met: (1) The total number of interns or apprentices employed for the tax year that the credit is claimed exceeds the average number of interns or apprentices employed by the taxpayer over the previous three years; (2) Interns shall work a minimum of 60 hours per month for two consecutive months during the tax year for which the credit is claimed, and a copy of each intern's official transcript is submitted; and (3) Apprentices shall complete a minimum of 144 hours of work in a calendar year, and a copy of the qualified apprenticeship program certification is submitted. Supporters say attracting and retaining talented employees is difficult in the post-Covid era. This bill would incentivize employers to take on interns and apprentices. Those who start off as interns or apprentices often lead to full-time employment at the same company, which in turn creates a stronger, more dedicated workforce. This bill will also help to keep graduates of Missouri schools in-state because the average salary of an intern hired to a full-time position is $40,000.
 
Closing Remarks
     In closing I would like to encourage my readers to continue to be involved in the affairs of government. Thomas Jefferson once stated that liberty is best preserved by the people themselves stating that they are the “only sure reliance for the preservation of our liberty”. I whole heartedly agree with Thomas Jefferson on this issue. It is always my intent to keep my constituents informed and to retain open transparency. If you have any questions or concerns please contact my office at any time. You can reach my office by calling 573-751-1487 or via email at [email protected]
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