Sen. Nasheed: Legislative Column for the Week Ending Feb. 17, 2017

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“This week, on Tuesday, Feb. 14, I was honored to join the St. Louis County chapter of the NAACP for its 9th annual Legislative Day at the Capitol. For over 100 years, the NAACP has been fighting for equality and freedom for people of color and I am proud to participate in its efforts to continue the fight for equality and justice. This event was a wonderful opportunity for the public, NAACP leadership and legislators to engage and discuss critical issues affecting our communities. I also had the pleasure of introducing our Governor of Missouri, Eric Greitens. I look forward to building upon our bipartisan relationship, and surpassing party lines and political agendas for the betterment of St. Louis and for the great state of Missouri.” – Sen. Nasheed

On the Floor

On Tuesday night, SB 45 was brought to the floor for debate. Members of the minority party took a strong stance against the bill as they saw how devastating this bill could be to their constituents. Through debate, both on Tuesday and Wednesday nights, the minority party — with aid from the majority party — added amendments that would help lessen the severe consequences of the bill. After reviewing and revising SB 45 on Tuesday night, the Senate passed bills from the consent calendar. The Senate passed each bill, including SB 52, unanimously and those bills are now in the House. During the Thursday session, SB 182, eliminating protected labor agreements, was third read, finally passed and sent to the House.

Bills & Committee

On Tuesday, Feb. 14, the Senate passed Senate Bill 52 and the House is currently considering the bill. Senator Nasheed is the first Democrat of the 99th General Assembly to get her bill passed through the Missouri Senate. As of Thursday, Feb. 16, it has been second read and waits to be referred to a House committee.

Senate Bill 52 –This bill would require public institutions of higher education to develop and implement policies that advise students and staff through suicide-prevention programs available on and off campus. These policies would also inform students and staff about ways to identify and address the needs of students exhibiting suicidal behavior.

Senate Bill 180 –On Thursday, Feb. 23, the Committee on Transportation, Infrastructure and Public Safety will hear SB 180. To be known as the Pregnant Offender Transportation, Evaluation, and Correctional Treatment (ProTECT) Act, Senate Bill 180 would limit the use of physical restraints on pregnant or postpartum offenders while they are incarcerated. The act would also require the Department of Corrections to establish policies and procedures for the transportation, evaluation and treatment of pregnant and postpartum offenders.

Senate Bill 217 – On Feb. 16, the Committee on Economic Development reported SB 217 with a senate committee substitute (SCS). Senate Bill 217 would add donations to soup kitchens to current tax credit for donations to food pantries. On Thursday, the Senate put the bill on the calendar for consent.

“Senate Bill 217 is a step in the right direction to address the issue of homelessness not only in St. Louis but also across the state of Missouri,” said Sen. Nasheed. “I have filed bills like Senate Bill 217 that pertain to homelessness in our state, and I have no doubt that these bills will help improve our city.”

Senate Bill 287 – The bill was referred to the Judiciary and Civil and Criminal Jurisprudence. This bill would aim to reduce the presence of biased policing.

Senate Bill 288– On Tuesday, Feb. 21, the Committee on Local Government and Elections will hear SB 288. This bill would allow the circuit court in St. Louis City to collect a fee not to exceed twenty dollars, rather than fifteen, to go toward its law library.

Senate Bill 289– On Tuesday, Feb. 28, the Committee on Small Business and Industry will hear SB 289. The bill protects tenants by allowing them to terminate their lease or change the locks in situations of domestic violence, stalking or sexual assault.

Senate Bill 341– This bill would protect underage individuals who are suspected of prostitution. It would provide harsher penalties for those committing heinous crimes connected to sex trafficking and prohibit the state of Missouri from charging underage persons with the offense of prostitution. Senate Bill 341 would also heighten the charge for those patronizing prostitutes: A Class A misdemeanor will be increased to a Class E felony in the cases where the individual patronized is 15, 16 or 17 years old. Also, a Class E felony will be changed to a Class D felony when the individual patronized is 14 years old or younger.

On Monday, Feb. 13, the Committee on Judiciary and Civil and Criminal Jurisprudence successfully heard SB 341. The Missouri Coalition of Children’s Agencies and the Missouri Children’s Leadership Council testified in support of Senator Nasheed’s Juvenile Prostitution Offenses bill — tough on crime, not on victims.

Senate Bill 344 – On Monday, Feb. 20, the the Committee on Judiciary and Civil and Criminal Jurisprudence will hear SB 344. With SB 344 enacted, state law would recognize those affected by sex trafficking as victims of a crime of coercion, not as criminals. It would allow victims of sex trafficking to have prostitution charges expunged from their record.

Senate Bills 314 & 340– The bill would establish the Missouri Narcotics Control Act. Senate Bills 314 & 340 would require the Department of Health to develop a program to monitor the prescribing and dispensing of controlled substances by licensed professionals in the state of Missouri.

“The heroin epidemic ravaging communities across Missouri can be traced largely to the over-prescription of opioids by doctors who do not have the resources to track potential addicts in our state.” said Sen. Nasheed.

Senator Nasheed has co-sponsored legislation that would support a statewide prescription drug monitoring program. The fight against prescription opioid abuse must have bipartisan support. These bill would provide a safe and secure system that will protect patient privacy and aid in the prevention of opioid abuse.

Appropriations

This week, the Appropriations Committee heard extensive public testimony regarding tax credits. The governor has made cuts totaling $146 million and has proposed $1 billion in additions.

Other News

Supreme Court Restores Part Of Tobacco Funding

The Missouri Supreme Court ruled 4-0 on Feb. 14 that an arbitration panel overstepped its authority when the panel decided that the state had to forfeit about $50 million in cash it receives as part of a 1998 national settlement with the tobacco industry. As a result, the state will be able to recoup that funding.

Missouri collects roughly $130 million a year from the settlement, which involved 45 other states, over the deceptive marketing practices major tobacco companies were accused of engaging in. A few years ago, an arbitration panel ruled that, in 2003, Missouri was out of compliance with a portion of the settlement that required states to enact certain laws aimed at negating the potential pricing advantage for smaller tobacco companies that do not pay into the settlement.

In its decision, the Supreme Court said the arbitration panel improperly and unilaterally changed the terms of the settlement agreement by imposing sanctions against Missouri. The case is State ex rel. Eric Greitens v. American Tobacco Co., et al.

Appeals Court Reverses Ruling Against Corrections

A panel of the Missouri Court of Appeals Western District on Feb. 21 reversed a lower court’s ruling that the state’s Department of Corrections violated the state Sunshine Law by refusing to disclose records identifying the compounding pharmacies it contracts with to produce pentobarbital, the drug used to execute condemned inmates in Missouri.

The appeals panel ruled 3-0 that Cole County Circuit Judge Jon Beetem erred when he said the state law that shields the identities of the state’s execution team does not extend to those who supply the execution drug. Beetem had allowed the department to keep the identity of the drug manufacturer secret while the case was under appeal.

Missouri and other states have turned to compounding pharmacies to make execution drugs in recent years as most major pharmaceutical companies, under pressure from death penalty opponents, have refused to sell drugs to states for lethal injection purposes. States have sought to keep the identities of the compounding pharmacies they work with secret in order to shield them from the same pressures.

The case, Joan Bray, et al., v. George Lombardi, et al., is expected to be appealed to the Missouri Supreme Court.

Governor makes three picks to UM Board of Curators

The governor nominated three members to the University of Missouri Board of Curators on Feb. 15. The nine-member governing board for the four-campus UM System has been without of a third of its members in recent weeks.

The governor’s nominees are Darryl Chatman of Foristell, an attorney, former deputy director of the state’s Department of Agriculture and former MU Tigers linebacker; Jeffrey Layman of Springfield, a senior vice president with Morgan Stanley; and Jaime Farmer of Jefferson City, president of Farmer Holding Company.

The board has many vacancies because the Senate refused to confirm any of the last governor’s curator appointees last year. Our last governor, a Democrat, was able to temporarily fill some spots once the Senate adjourned for the year in mid-May, but our current government, a Republican, withdrew those picks shortly after taking office in January.

Although their terms have expired, two curators are allowed to continue serving until the governor nominates their replacements. All of the curator picks are subject to Senate confirmation.