New Page 1

2001 Legislative Update!

______________________________________________________________________________________

Missouri Police Chiefs’ Association

Legislative ALERT & Update

May 1, 2001

MPCA members:
Last week was a very busy, but very productive week legislatively. Your legislative team successfully protected the POST bill and Representative Kelley's eluding bill from being amended by the FOP lobbyist. In both cases, the FOP lobbyist attempted to amend the "Peace officers bill of rights" which would create an appeal to circuit court on all suspensions, demotions, and terminations to both bills which had gone through most of the legislative process without amendments.

The MPCA legislative priorities of Eluding, Extension of the 20 hour hold to 32 for the 7 deadly felonies, extended use of PBTs, reducing the legal BAC to .08, the post bill revision and several other legislative issues sought to aid the entire law enforcement community are in very good positions as May 18 (the end of the legislative session) quickly approaches. Keep calling your representatives, we are close to one of the MPCA's strongest legislative showing in years.

We are working on the amending language that will address the Supreme Court of Missouri's Opinion as it applies to the case of Stephen Guyer (Appellant) vs. City of Kirkwood, Respondent. Case number SC82740 and handed down March 6, 2001. The Counsel for the Appellant was Rick Barry and Greg Kloeppel. In this case, the court held the original citizen's complaints qualifies as an incident report which is open and only reports alleging criminal conduct are closed. We are attempting to amend language on bills that are moving to ensure that complaints made upon officers are not made public until a finding of fact is obtained. All complaints are serious and need to be handled in a professional manner, but to allow all complaints to be open record can unjustly hamper or even destroy an officer's career without a finding of fact.

Please continue calling, faxing, and emailing your Representatives and Senators we are down to 14 days and counting. Together, we can make this year a year to remember.

Don Kissel has been a very powerful and welcome addition to your legislative team. He has been representing you extremely well and has been attached unjustly for pursuing MPCA positions, but he has remained extremely professional in the face of unprofessional activities.

Respectfully submitted

Sheldon Lineback
MPCA Executive Director

HCS HB 49 Relford, Randall Creates the Policemen and Sheriff's
Deputies Trust Fund. Voted "Do Pass" on 2/20/01 by House Public
Safety, Law Enforcement and Veterans Affairs Committee

HB 64 Reynolds, David Expands the classes of public employees that
may join labor organizations to include police, MSHP officers, and
teachers. Hearing conducted on 2/20/01 in House Labor Committee

HB 70 Koller, Don Limits motorcycle helmet requirement to persons
under 21 years of age. Voted "Do Pass" with SCA #1 on 4/18/01 by
Senate Pensions and General Laws Committee

SCS HB 80 Ross, Carson Authorizes the creation of
Multijurisdictional Anti-Fraud Enforcement Groups and provides for a
grant program under DPS. Voted "Do Pass" on 4/18/01 by Senate Civil
and Criminal Jurisprudence Committee

HB 120 O'Connor, Patrick Amends motor vehicle tinted window
prohibition. Hearing conducted on 4/17/01 in Senate Transportation
Committee

SCS HCS HB 144 & 46 Bonner, Dennis Requires check for outstanding
arrest warrants before releasing a prisoner (Jake's Law). Voted "Do
Pass" on 4/24/01 by Senate Judiciary Committee

HB 160 Bray, Joan "Public Employee Due Process Act"-creates
procedural rights for termination, demotion, or discipline of public
employees. In House Labor Committee

HB 162 Bray, Joan Creates a cause of action for wrongful discharge
of an employee. In House Labor Committee

HB 163 Berkowitz, Sam Expands sources of funding for the MSHP Motor
Vehicle and Aircraft Revolving Fund. Hearing conducted on 4/3/01 in
Senate Transportation Committee

HB 177 Thompson, Betty Requires peace officer employment records to
be available to hiring law enforcement agencies and evidence of
unfitness to be forwarded to the POST Commission. Voted "Do Pass"
with HCA #1 on 2/20/01 by House Public Safety, Law Enforcement and
Veterans Affairs Committee

HB 203 Hosmer, Craig Creates a Board of Private Investigator
Examiners. In House Public Safety, Law Enforcement and Veterans
Affairs Committee

HB 209 Hosmer, Craig Changes certain provisions of the controlled
substances law to add "date rape" drugs. Voted "Do Pass-Consent" on
2/20/01 by House Criminal Law Committee

HB 220 Hosmer, Craig Requires registration of sexual offenders upon
release from custody even if offender does not leave county where
incarcerated. Hearing conducted on 1/31/01 in House Civil and
Administrative Law Committee

SCS HB 236 Smith, Phil Establishes the Juvenile Information
Governance Commission. #3 on Senate "House Bills for 3rd
Reading-Consent" Calendar

HS HCS HB 237, 270, 403 & 442 Smith, Phil Requires a roll call on
votes to close meetings, penalizes negligent violations of the
Sunshine Law, and increases penalties for violations of the Sunshine
Law. Voted "Do Pass" with SCA #1 on 4/24/01 by Senate Financial &
Governmental Organization, Veterans Affairs, and Elections Committee

HCS HB 253 Ross, Carson Regulates certain activities of bail
bondsmen. #11 on House Perfection Calendar

HB 258 Koller, Don Would allow for the carrying of concealed
weapons. Combined into HCS HB 853 & 258

HCS HB 260 Kennedy, Harry Increases the salary and benefits of
certain police officers and their beneficiaries in St. Louis. Voted
"Do Pass" on 3/14/01 by House Municipal Corporations Committee

SCS HCS HB 265 & 369 Hosmer, Craig Revises death penalty law. Voted
"Do Pass" on 4/24/01 by Senate Judiciary Committee

HB 268 Legan, Ken Prohibits sale of tobacco products to persons
under 25 years of age without checking ID. Hearing conducted on
2/13/01 in House Local Government Committee

HB 276 Relford, Randall Would make several changes to the criminal
records statutes relating to MSHP. In House Public Safety, Law
Enforcement and Veterans Affairs Committee

HS HB 287 Williams, Deleta Provides guidelines for operation of
private prisons. Voted "Do Pass" on 4/11/01 by Senate Financial &
Governmental Organization, Veterans Affairs, and Elections Committee

SCS HCS HB 302 & 38 Hosmer, Craig Lowers BAC from .10 to .08. Voted
"Do Pass" on 4/17/01 by Senate Transportation Committee

HCS HB 340, 303 & 316 Hoppe, Thomas Authorizes new civil penalties
for violations of certain liquor control provisions. #13 on House
Perfection Calendar

HS HB 349 Hosmer, Craig Makes various changes regarding protection
of the elderly laws. #1 on House 3rd Reading Calendar

HB 368 Champion, Norma Requires persons at scene of accident or
emergency to obey lawful orders of law enforcement officers. Voted
"Do Pass" on 2/20/01 by House Public Safety, Law Enforcement and
Veterans Affairs Committee

HCS HB 374 Fraser, Barbara Prohibits the buying and selling of
stolen pets and creates a Missing and Stolen Pet Registry in DPS. #8
on House Perfection Calendar

HS HB 381 Hoppe, Thomas Creates felony for sale or distribution of
gray market cigarettes/creates tobacco enforcement responsibilities
in Liquor Control. Hearing conducted on 4/3/01 in Senate Commerce &
Environment Committee

HB 383 Hoppe, Thomas Amends the law regarding certain judicial
personnel. Hearing conducted on 2/20/01 in House Judiciary Committee

HB 402 Boucher, Bill Allows copies of certain records and reports to
be mailed or faxed to treatment providers and therapists assigned to
certain offenders. #1 on House 3rd Reading-Consent Informal Calendar

HB 409 Surface, Chuck Authorizes a conveyance between the MO
National Guard and the city of Joplin. #34 on Senate "House Bills
for 3rd Reading-Consent" Calendar

HB 420 Williams, Deleta Removes termination clause on Motorcycle
Safety Education Program. #47 on Senate "House Bills for 3rd
Reading-Consent" Calendar

SCS HS HB 421 Graham, Chuck Provides that consumption, not sale or
provision, of intoxicating beverages is the proximate cause of
injuries resulting from intoxication. Voted "Do Pass" on 4/18/01 by
Senate Pensions and General Laws Committee

HCS HB 428 Kelly, Gary Creates crime of eluding a law enforcement
official. #2 on House Perfection Calendar

HB 440 Boucher, Bill Expands DNA profiling system to include all
convicted felons. Hearing conducted on 3/13/01 in House Criminal Law
Committee

HB 444 Kreider, James Revises the Criminal Activity Forfeiture Act.
Voted "Do Pass" with SCA #1 on 4/24/01 by Senate Ways and Means
Committee

SCS HB 453 Ransdall, Bill Extends the sunset on fee collection for
the MO Emergency Response Commission by 10 years. Voted "Do Pass" on
4/18/01 by Senate Commerce & Environment Committee

HB 455 Monaco, Ralph Provides for canine-handler training and
standards through DPS. In House Miscellaneous Bills Committee

HB 457 Kreider, James Creates a "School Building Property Tax Relief
Fund" grant program for school capital improvement; funds program
through incremental use of gaming proceeds. #1 on House Perfection
Calendar

HB 458 Lawson, Maurice Permits the use of flashing signals by church
buses. #48 on Senate "House Bills for 3rd Reading-Consent" Calendar

HB 464 Smith, Phil Removes from the original jurisdiction of the
juvenile/family courts cases involving violations of traffic laws by
children over 15 years of age or violations of tobacco laws by
children. Hearing conducted on 2/21/01 in House Civil and
Administrative Law Committee

HB 470 Shields, Charles Creates the Sgt. Robert Kimberling Memorial
Highway in Buchanan County. #49 on Senate "House Bills for 3rd
Reading-Consent" Calendar

SCS HB 471 Jolly, Cathy Adds the drug "ecstasy" to drug trafficking
statutes. Voted "Do Pass" on 4/18/01 by Senate Civil and Criminal
Jurisprudence Committee

HB 479 Hosmer, Craig Revisions to the Peace Officer Standards and
Training (POST) statutes. Voted "Do Pass" on 2/27/01 by House Public
Safety, Law Enforcement and Veterans Affairs Committee

HB 491 George, Thomas Eliminates the office of city marshal in 3rd
class cities that contract for police service. #2 on Senate "House
Bills for 3rd Reading-Consent" Calendar

HB 513 Hosmer, Craig Changes sentencing procedure after amendment of
a criminal statute and changes holding period for arrest for certain
felonies. Hearing conducted on 3/7/01 in House Criminal Law
Committee

HB 524 Britt, Phil Expands confidentiality of certain records to
protect all peace officers. Voted "Do Pass" on 2/27/01 by House
Public Safety, Law Enforcement and Veterans Affairs Committee

HCS HB 525 Monaco, Ralph Creates a cause of action for firefighters,
peace officers and emergency medical personnel for injuries they
sustain in the course of their job duties. Voted "Do Pass" on
3/13/01 by House Judiciary Committee

HB 527 Luetkenhaus, Bill Mandates compensatory time for employees of
the MSHP who work more than full-time in any week. #4 on House 3rd
Reading Calendar (In Fiscal Review)

HCS HB 533 & 724 Johnson, Rick Contains provisions relating to an
owner or employee of a nursing home soliciting sexual favors from
residents, sexual conduct with animals, sexual contact with inmates,
and changes to the sex offender registration law. Hearing conducted
on 4/11/01 in Senate Civil and Criminal Jurisprudence Committee

HCS HB 592 Williams, Deleta Creates a multicultural program and
committee within the Office of the Lieutenant Governor (DPS would be
a member). Perfected by House

HB 640 Johnson, Rick Creates Board of Private Investigator
Examiners. #14 on House Perfection Calendar

SCS HB 648, 477 & 805 Ostmann, Cindy Creates alternative method of
obtaining temporary driving permit. #50 on Senate "House Bills for
3rd Reading-Consent" Calendar

SCS HB 691 Barnett, Rex Makes notice of re-registration of motor
vehicles mandatory. #51 on Senate "House Bills for 3rd
Reading-Consent" Calendar

HB 732 Hosmer, Craig Makes technical revisions to the Water Patrol
law relating to bonding. #17 on Senate "House Bills for 3rd
Reading-Consent" Calendar

HB 765 Mays, Carol Jean Prohibits camera surveillance of public
roadways except for purposes of monitoring traffic flow and
community planning. In House Motor Vehicle and Traffic Regulations
Committee

HB 809 Carnahan, Russ Modifies peace officer employee rights. #12 on
House Perfection Calendar

HCS HB 831 Carnahan, Russ Creates the Office for Victims of Crime
within DPS. Perfected by House

HS HCS HB 835, 90, 707, 373, 641, 510, 516 & 572 Britt, Phil
Authorizes county crime reduction funds, creates the Office for
Victims of Crime in DPS, and a number of other provisions (has now
become this year's "omnibus crime bill"). #2 on House 3rd Reading
Calendar

HCS HB 853 & 258 Crump, Wayne Authorizes concealable firearms
permits. #4 on House Informal Calendar

HS HCS HB 924, 714, 685, 756, 734 & 518 Wiggins, Gary Provides new
funding for transportation, implements a .08 BAC standard, and makes
various other changes to transportation-related laws. Hearing
conducted on 4/17/01 in Senate Transportation Committee

HB 954 Hosmer, Craig Revises driver's license suspension and
revocation procedures for persons under 21 years of age (Zero
Tolerance). #3 on Senate "House Bills for 3rd Reading" Calendar

HJR 6 Hosmer, Craig Amends MO Constitution to change the
distribution of asset forfeiture proceeds. In House Civil and
Administrative Law Committee

SCS SB 5 & 21 Wiggins, Harry Revisions to laws relating to asset
forfeiture. Hearing scheduled on 4/25/01 in House Miscellaneous
Bills Committee

HCS SS SB 14 Mathewson, James Authorizes a sales tax for regional
jail districts and associated court facilities. Voted "Do Pass" on

SB 30 Rohrbach, Larry Prohibits the operation of private jails for
profit. Voted "Do Pass" with SCA #1 on 3/5/01 by Senate Financial,
Governmental Organization, Veterans Affairs and Elections Committee

SCS SB 36 Westfall, Morris Lowers BAC limit to .08, repeat offender
provisions (Open Container provision removed). Hearing conducted on
4/4/01 in House Criminal Law Committee

SCS SB 52 & 91 Childers, Doyle Makes several changes regarding
speeding in construction zones, bridge weight limits, and weight
stations. #4 on Senate 3rd Reading Calendar

SCS SB 69 & 458 Gross, Charles Amends classifications of felony
crimes of stealing and receipt of stolen property. #1 on Senate 3rd
Reading Calendar

SB 87 Rohrbach, Larry Relating to civil commitment of sexually
violent predators. #13 on House "Senate Bills for 3rd
Reading-Consent" Calendar

SS SCS SB 89 & 37 Kinder, Peter Creates a new possession crime for
anhydrous ammonia and increases penalties for current crimes. Passed
by Senate and sent to House

SB 120 Goode, Wayne Establishes good faith employee negotiations for
certain public employees. In Senate Labor and Industrial Relations
Committee

SB 123 Kinder, Peter Prohibits political subdivisions from suing
firearms manufacturers for sale or marketing to the public. In House
Special Committee on Sportsmanship, Safety and Firearms

SB 143 Childers, Doyle Allows any person replacing stolen license
plates to receive at no cost up to 2 license plates per year. #1 on
Senate Consent Calendar

SB 144 Bland, Mary Requires racial profiling information for every
stop of a motor vehicle. Hearing conducted on 1/24/01 in Senate
Civil and Criminal Jurisprudence Committee

SCS SB 197 Johnson, Sidney Expands grant of immunity for the
donation of certain fire equipment (MSHP and Fire Safety
inspections/approval required in some circumstances). #56 on House
"Senate Bills for 3rd Reading-Consent" Calendar

SB 199 Sims, Betty Authorizes automated traffic enforcement
programs. Voted "Do Not Pass" on 2/7/01 in Senate Civil and Criminal
Jurisprudence Committee

SB 200 Sims, Betty Creates Women Offender Program in the MO
Department of Corrections. #22 on House "Senate Bills for 3rd
Reading-Consent" Calendar

HCS SS SCS SB 214, 124, 209 & 322 Gross, Charles Revises crime of
possession of child pornography. Voted "Do Pass" on 4/19/01 by House
Criminal Law Committee

SB 222 Caskey, Harold Creates felony for sale or distribution of
gray market cigarettes. #8 on Senate Informal Calendar

SB 223 Caskey, Harold Clarifies procedure for court instructions
regarding lesser included offenses. #33 on House "Senate Bills for
3rd Reading-Consent" Calendar

SB 224 Russell, John Authorizes the creation of law enforcement
districts in certain 1st class counties. #30 on House "Senate Bills
for 3rd Reading-Consent" Calendar

HCS SS SCS SB 267 Klarich, David Revises various civil and criminal
procedures; includes provisions relating to domestic violence
shelters. Voted "Do Pass" on 4/19/01 by House Judiciary Committee

SCS SB 341 Jacob, Ken Requires sheriffs to become certified peace
officers. #12 on House "Senate Bills for 3rd Reading-Consent"
Calendar

SS SCS SB 351 Singleton, Marvin Revisions to the Peace Officer
Standards and Training (POST) statutes. Voted "Do Pass" with HCA #1
on 4/24/01 by House Public Safety, Law Enforcement and Veterans
Affairs Committee

SB 375 Steelman, Sarah Revises the Sunshine Law. #16 on Senate
Informal Calendar

HCS SB 422 Steelman, Sarah Relating to the State Emergency
Management Agency (SEMA) Voted "Do Pass" on 4/24/01 by House Local
Government Committee

SB 428 Loudon, John Establishes standard for vicarious liability of
employer for harassment of employee by supervisor. In House Labor
Committee

SS SCS SB 433 & 248 Kinder, Peter Revises "Dram Shop" liability.
Hearing conducted on 4/24/01 in House Local Government Committee

SB 436 Goode, Wayne Requires licensee to apply for a duplicate
commercial driver's license when a name change occurs. #17 on House
"Senate Bills for 3rd Reading-Consent" Calendar

SCS SB 459, 302, 396 & 450 Westfall, Morris Raises the motor fuel
tax by two cents and reduces the amount other agencies get from the
Transportation Fund. #21 on Senate Informal Calendar

SB 474 Rohrbach, Larry Increases "hold" time from 20 hours to 32
hours for certain crimes. Hearing conducted on 2/28/01 in Senate
Civil and Criminal Jurisprudence Committee

SCS SB 488 Klindt, David Relating to the training and certification
of uniformed officers of the Department of Corrections (In DPS). #5
on Senate Perfection Calendar

SB 503 DePasco, Ronnie Allows cities and 1st class counties to
establish an automatic traffic light signal violation monitoring
system. Hearing conducted on 2/27/01 in Senate Local Government &
Economic Development Committee

SB 553 Klindt, David Authorizes Northwest MO State University to
lease property to the City of Maryville and the National Guard. #11
on House "Senate Bills for 3rd Reading-Consent" Calendar

SB 560 Caskey, Harold Authorizes permits for concealed weapons. In
Senate Civil and Criminal Jurisprudence Committee

SB 629 Jacob, Ken Allows voters to authorize carrying concealed
weapons. Hearing conducted on 3/14/01 in Senate Civil and Criminal
Jurisprudence Committee.

SJR 3 Goode, Wayne Amends MO Constitution to allow for asset
forfeiture proceeds to be divided between schools and law
enforcement. Hearing conducted on 2/6/01 in Senate Ways and Means
Committee.

END OF REPORT