Representative Jim Neely's Capitol Report
House Approves Sentencing Reform Bill (HB 113)
Members of the Missouri House of Representatives gave their stamp of approval this week to legislation that would give judges greater discretion when sentencing non-violent offenders. The bill is meant to both help non-violent offenders get a second chance, and to slow the growth of Missouri’s prison population.
Missouri has the nation’s eighth largest prison population with an estimated 31,830 inmates for Fiscal Year 2019 at a cost of $22,561 per prisoner per year. Missouri’s current pace, it will be 2,000 prison beds short by 2021, and will need two new prisons over the next five years at a cost of $485 million. Missouri follows the lead of more than 30 states that have reduced or reformed their mandatory minimum sentencing laws with tremendous success.
This bill is aimed at helping non-violent offenders get a second chance. It does not repeal any crimes and only offers flexibility in judicial discretion. The bill would allow judges to issue sentences below Missouri’s current minimum sentencing requirements except in crimes that involved the use, attempted use, or threat of physical force, or certain non-consensual sex crimes against a minor. A case would have to have a “substantial and compelling” reason the minimum sentence would be unjust to the defendant or would not be needed to protect the public.
Legislative projections indicate the bill would save the state more than $3 million per year by the time it is fully implemented by decreasing the number of people incarcerated in state prisons. The savings do not account for what the state would save if it does not have to build and maintain two new prisons. The bill is now under consideration by the Missouri Senate.
House Approves “Closing Fund” Legislation (HB 255)
House members approved legislation that would give the Missouri Department of Economic Development an additional tool to bring new jobs to Missouri. The bill would modify an existing state program to establish a closing fund the department can use to make agreements with companies to create new jobs in the state.
The bill would enhance the existing Missouri Works Program, which helps businesses access capital through withholdings or tax credits to embark on facility expansions and create jobs. The legislation would allow a little more than 20 percent of the program to be devoted to a closing fund that would allow the department to offer tax credits within a year of closing a deal that requires a business to meet certain job creation criteria. Under the plan, a qualified company could receive a tax credit of up to 9 percent of new payroll issued within one year as long as the company creates 10 or more jobs that pay 100 percent or more of the county average wage. The program would be capped at $25 million and reevaluated every two years.
The sponsor of the legislation told his colleagues, “This just gives the Department of Economic Development another tool in the toolbox to compete for jobs and the expansion of business in our state.”
The bill now moves to the Senate for consideration.
Legislation Approved to Lift Hospice Care Death Investigation Requirement (HB 447)
Legislation approved by the Missouri House and now under consideration by the Senate would lift the requirement, under certain circumstances, that the death of a person under hospice care be investigated. Rep. Neely, whom I previously worked for, is carrying this bill and is also a physician.
The coroner does not have to come out and see that person who we all know is dead from cancer or a well-documented terminal illness. The legislation would allow the physician treating a patient or the hospice director to certify when a patient has died due to natural causes relating to a disease or known illness. A coroner or medical examiner must be notified within 24 hours of such a death.
One of my colleagues who spoke in support of the bill said, “I’m asking that for all Missourians who want to die with dignity that you allow them to do so when we know what the imminent cause of death will be when they are in the care of hospice providers.” Another one stated that they had to wait 36 hours for the current process before the body was removed from the home.
Protecting Victims of Domestic Violence (HBs 243 & 544)
Another bill sent to the Senate this week by the House would make changes to Missouri’s landlord-tenant laws in an effort to better protect victims of domestic violence.
The legislation aims to address an issue that sometimes occurs when a person is trying to get out of a domestic violence situation and needs to find a place to live. If that person is under a lease agreement, property owners are under no legal obligation to release that person. This could have lasting repercussions both financially and in finding another place to live.
This legislation is meant to help victims find a safe place to live. It would prevent anyone at risk of domestic violence, sexual assault, or stalking from being evicted, being denied tenancy, or violating a lease agreement as a result of that risk. Anyone who is a victim, or is in imminent danger of being victimized, would be able to use this as a defense if a landlord takes them to court. The bills would establish what evidence a landlord must accept as proof of such situations.
Other Bills Third Read and Sent to the Senate This Week
HB 214 updates Missouri’s competitive bidding process and increases the amount necessary to issue a request for proposal. The sponsor said the bill would update threshold numbers for the bidding process for the first time since 1995. The goal is to “make it easier for the administration to purchase needed items of a noncontroversial nature in small value amounts.” The bill would require all state purchases in excess of $10,000 to be based on competitive bids with specified exceptions. Under current law, all state purchases in excess of $3,000 must be based on competitive bids. The bill also requires the Commissioner of the Office of Administration to advertise and solicit bids on any state purchase with an estimated expenditure of $100,000 or more. Currently, the commissioner must advertise and solicit bids on any state purchase with an estimated expenditure of $25,000 or more. The bill also would authorize the commissioner to hold reverse auctions for the purchase of merchandise, supplies, raw materials, or finished goods if price is the primary factor evaluating bids.
HB 77 updates provisions related to teacher and employee retirement systems. The bill is meant to fix a problem with language that was passed last session. It will add a provision that exempts anyone that retired as a teacher under the public school retirement system who is now employed by a public community college.
HB 324 creates the offense of unlawful use of an unmanned aircraft near a correctional center or a mental health hospital. The offense of unlawful use of an unmanned aircraft near a correctional center or mental health hospital would be a class A misdemeanor unless the person uses the unmanned aircraft for the purpose of: (1) Delivering a weapon or other article that may be used in such a manner to endanger the life of an offender or correctional center or mental health hospital employee, in which case it is a class B felony; (2) Facilitating an escape from confinement, in which case it's a class C felony; or (3) Delivering a controlled substance, in which case it is a class D felony.
HB 402 allows that when following certain criteria drivers may turn left after stopping at a red light for one-way streets. Supporters say most other states have this rule which is just as safe as the right turn on red rule given the configuration of one-way streets specified in the bill.
As always, please do not hesitate to reach out with any questions, concerns, or suggestions you might have. As your Representative I am here to assist you however I can. I can be reached by email at Jim.Neely@house.mo.gov or by phone at 573-751-0246.
