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The Week of April 17, 2023

On the Floor

This week, the Senate Appropriations Committee began their discussion on the Fiscal Year 2024 state operating budget. As a result, our session time was shortened to give the committee plenty of time to thoroughly discuss and consider the appropriations bills.

Even with the limited time on the floor, the Senate was able to pass the following bills:

•            Senate Bill 128 would require a court that enforces a temporary order or final judgement in a divorce proceeding to order court costs and fees to be paid by the party against whom the enforcement is sought.
• Senate Bill 398 modifies the Motor Vehicle Franchise Practices (MVFP) Act.
• Senate Bill 190 provides tax relief for senior citizens.
• Senate Bill 275 creates a state and local sales tax exemption for utilities, equipment and materials used to generate or transmit electricity.
• Senate Bill 542 provides that no member of the Missouri National Guard shall be required by the governor or the Adjutant General to receive a COVID-19 vaccination as a condition of state service.
• House Bill 903 prohibits the ownership of real property by foreign entities.
• Senate Bill 129 would add 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. This bill contains my SB 35.
• Senate Bill 189 creates “Max’s Law” to increase the penalty for the offense of assault on a law enforcement animal to a class A misdemeanor, as well as other provisions relating to criminal laws.
• Senate Bill 148 would move elections for street light maintenance district board members from the November general election to the April general municipal election.
• Senate Bill 378 allows the executive director of the Missouri Ethics Commission to extend the deadline for submitting campaign finance reports if there are extraordinary circumstances and bans lobbyist gifts for elected local government officials.

The Senate also gave first round approval to the following bills:

•            Senate Bill 265 establishes the “Waterways and Ports Trust Fund” to be used by the Missouri Department of Transportation and the Highways and Transportation Commission to develop a statewide plan for waterborne commerce and review plans of local or regional port authorities for major public capital improvements to encourage coordination with the statewide plan.
• Senate Bill 80 establishes the Missouri Statewide Mechanical Contractors Licensing Act.

Bills and Committees

Senator May’s Legislation:

Senate Bill 35 was passed by the Senate on April 13. My proposal would give individuals who are behind on child support payments and lose their driver’s license or professional license as a result the opportunity to have an evidentiary hearing to determine if the suspension of the license should remain. This legislation has been referred to the Missouri House of Representatives Judiciary Committee.

My Senate Bill 122, which would allow a child to be excused from school due to mental health or behavioral health concerns, provided the school receives documentation from a mental health professional, was referred to the House Elementary and Secondary Education Committee.

Senate Bill 34, which would allow school districts to offer elective social studies courses relating to the Hebrew Scriptures, the Old Testament of the Bible and the New Testament of the Bible, was voted do pass by the House Rules – Legislative Oversight Committee on April 17.

Additionally, Senate Bill 103 was voted do pass by the House Judiciary Committee on April 19. This bill includes Senate Bill 372, my proposal to repeal the surcharge for petitions for expungement.

Judiciary Committee:

The committee held hearings on several bills this week. Senate Bill 432 establishes the “Uniform Public Expression Protection Act” and provides procedures for dismissal of causes of action based public expression.

Under Senate Bill 480, it would no longer be illegal to manufacture, possess, sell, deliver or use any device, equipment or other material for the purpose of analyzing controlled substances for the presence of fentanyl. Currently, the terms “test” and “analyze” are included in the definition of unlawful possession of drug paraphernalia.

Senate Bill 616 modifies provisions relating to the discharge of certain accused individuals who were found to lack the mental fitness to proceed in the judicial process.

Senate Bill 660 creates the “Stop Cyberstalking and Harassment Task Force,” which will make recommendations on what resources and tools are needed to stop cyberstalking and harassment, based on feedback from stakeholders, which may include victims, law enforcement, victim advocates and digital evidence and forensics experts.

House Bill 994 changes the definition of “adult” to someone 18 years of age or older, among other provisions related to judicial proceedings.

The committee voted do pass on House Bill 640, which removes the age requirement and salary ceiling for the chief of the Kansas City Police Department and eliminates existing salary ceilings based on rank for police officers.

Commerce Committee:

Senate Bill 520 allows the Public Service Commission to directly contract counsel, financial advisors or other consultants as necessary for the purpose of reviewing financing orders for energy transition costs. Senate Bill 607 modifies provisions relating to the assessment of solar energy property. Senate Bill 639 creates a post-consumer paint recycling program.

Senate Bill 709 and Senate Bill 717 both require that before the closure of an existing electric generating power plant, an electric utility company registered in Missouri must ensure the company has placed on the electric grid an equal or greater amount of reliable electric generation.

House Bill 631 extends the sunset date on certain natural resource fees. These fees support programs that the Missouri Department of Natural Resources operates.

The committee also passed two bills this week. Senate Bill 567 modifies the definition of “large water public utility” regarding the right of the Public Service Commission to issue a decision on approval of an acquisition of a small water utility by a large water public utility, and Senate Bill 638 creates provisions regarding discounts for eligible gas corporation customers.

Appropriations Committee:

This week, the committee began the markup process of the Fiscal Year 2024 state operating budget. House Bills 1-13, 15 & 17-20 are the appropriation bills that make up the budget for the upcoming fiscal year. Passing a state operating budget each year is the General Assembly’s sole constitutionally required task during legislative session. This is an opportunity to advocate for our communities and ensure they receive the funding they need. I am proud to be a member of this committee, and I look forward to continued discussion about the budget.

Other News

House, Senate differ on plan for expanding Interstate 70

The House of Representatives has endorsed a $859 million plan to expand portions of Interstate 70, while a Senate committee instead approved spending $2.8 billion to widen the entire length of Missouri’s central east-west highway from the outskirts of the Kansas City area to the edge of the St. Louis region.

The governor proposed the less-ambitious version in January when he first presented his state operating budget for the 2024 fiscal year to the Legislature. His plan calls for adding an extra lane to I-70 in both directions through Columbia, as well extending its multi-lane stretches in the state’s two main metropolitan areas.

The House Budget Committee chairman stripped the governor’s plan from the budget bill for the Missouri Department of Transportation, but promised to include it in separate legislation providing spending authority for a variety capital improvements projects, House Bill 19. The House on April 20 voted to advance that measure, as well as three other capital improvements spending bills, to the Senate. The four bills collectively authorize $5.45 billion in capital improvements spending.

A day earlier, the Senate Appropriations Committee voted to restore the I-70 project to the regular MoDOT funding measure, House Bill 4, along with expanding its cost and scope.

That bill and the other 12 appropriations measures that make up the Fiscal Year 2024 operating budget now head to the full Senate for debate. Once the Senate approves the bills, negotiations can begin with the House on a compromise FY 24 budget plan.

Because the process fell weeks behind the normal schedule in the House, lawmakers have little time to spare to grant final passage to all of the appropriations bills by a hard constitutional deadline of 6 p.m. on May 5. The new fiscal year starts July 1.

House approves limiting transgender youths in school sports

Transgender athletes would be prohibited from competing on school-sponsored sports teams that don’t reflect their birth gender under legislation the House of Representatives advanced to the Senate on April 17. The bill passed on a near-party line vote of 106-46, with one lawmaker voting “present.”

House Bill 183 applies this standard to sports teams from grades 6-12, as well as college athletics. Public school districts and universities would lose a portion of their state funding for allowing transgender kids to participate on a team that does not correspond with the student’s birth gender, while private universities would be subject to fines of up to $1 million.

A similar Senate bill has already cleared that chamber, as well as a House committee, and awaits action by the full House.

House votes to create constitutional right to hunt and fish

The House of Representatives on April 17 advanced to the Senate a proposed constitutional amendment that would enshrine the right to hunt and fish in the Missouri Constitution. The measure passed on a vote of 108-28, with 13 lawmakers voting “present.”

Supporters of House Joint Resolution 20 said it’s necessary to protect the rights of Missourians from potential encroachment. Opponents say the measure appears to undermine the authority of the Missouri Conservation Commission, the constitutionally independent panel charged with overseeing the state’s wildlife resources and rules for hunting and fishing.

The House has passed similar measures many times over the last two decades, but the Senate to date has never followed suit. If HJR 20 were to clear both legislative chambers this year, it would go on the November 2024 ballot for voter ratification.

House narrowly agrees to big increase in license fees

With just three more votes than the constitutionally required minimum, the House of Representatives sent legislation to the Senate on April 17 that would impose another 50% fee increase for driver’s licenses and vehicle license plates – just four years after lawmakers doubled the fees. The bill passed on a vote 85-50, with 13 lawmakers voting “present.”

The private companies the state contracts to operate the license offices charge the fees to pay for their operating expenses and earn a profit. House Bill 424 would increase the fees for a set of two-year license plates or a six-year driver’s license from $12 to $18. The fees are in addition to what the state charges for plates or a license, revenue that goes to the state and would remain unchanged by the bill.

Bill allowing guns on buses, in churches advances to Senate

Concealed weapons permit holders would be allowed to carry firearms on public transit and in churches under legislation the House of Representatives approved April 17 on a vote of 102-45, with four members voting “present.” The bill now advances to the Senate.

Under existing law, concealed weapons are prohibited in certain places. House Bill 282 would remove public transit and churches from the prohibited list. Weapons can currently be brought into churches with the pastor’s permission without running afoul of the law, but HB 282 would remove that discretion.

CONTACT INFORMATION

Thank you for your interest in the legislative process. I look forward to hearing from you on the issues that are important to you this legislative session. If there is anything my office can do for you, please do not hesitate to contact my office at (573) 751-3599.