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The Week of April 24, 2023

On the Floor

This week, the Senate debated and passed all of the appropriation bills that make up the Fiscal Year 2024 state operating budget, totaling $49.94 billion, which includes $4.4 billion more in spending authority than previously approved by the House of Representatives. The two chambers must now hammer out a final budget by a hard constitutional deadline of 6 p.m. on May 5.

However, those negotiations had yet to begin by the time lawmakers adjourned for the week. When they return to the Capitol on May 1, just a few days will remain for negotiators to work out the substantial differences between the two versions and bring the various appropriations bills that make up the budget to final votes in both chambers. If lawmakers miss the deadline, the budget process must start over in a special legislative session. The new fiscal year begins July 1.

The House version of the budget included anti-Diversity, Equity and Inclusion (DEI) language that would ban state spending on DEI positions or programs in state government. Such efforts are prominent in both government and the private sector as a means of fostering stronger ties with historically marginalized groups and attracting and retaining workers.

This provision had the potential to put the state’s Medicaid program at risk and cost the state future federal funding. Thankfully, this language was excluded in the Appropriations Committee’s deliberation of the budget bills, but an amendment was added during floor debate to add this language back into the budget. After hours of debate, the amendment was voted down.

A $2.8 billion plan to widen the entire length of Interstate 70 across Missouri that the Senate added to the operating budget accounts for much of the cost difference between the two plans. Although the House omitted I-70 funding from the operating budget, it did authorize a more limited $859 million plan to improve portions on the highway in a separate appropriations bill for capital improvement projects.

The Senate version also includes $461 million to increase pay for home care workers who provide services to elderly or disabled Missourians in an effort to reverse a worsening shortage of workers in the field. In addition, the Senate restored $78 million to expand preschool options throughout the state, funding requested by the governor but stricken by the House. Even with the extra spending, the Senate plan still leaves $2.5 billion from an unprecedented revenue surplus sitting untouched in the state treasury.

The Senate third read and passed the following bills this week:

•            Senate Bill 80 establishes the Missouri Statewide Mechanical Contractors Licensing Act.
• House Bill 1 appropriates state funding for public debt, which was paid off in last year’s budget.
• House Bill 2 appropriates state funding for the Department of Elementary and Secondary Education.
• House Bill 3 appropriates state funding for the Department of Higher Education and Workforce Development.
• House Bill 4 appropriates state funding for the Department of Revenue and the Department of Transportation.
• House Bill 5 appropriates state funding for the Office of Administration.
• House Bill 6 appropriates state funding for the Department of Agriculture, the Department of Natural Resources and the Department of Conservation.
• House Bill 7 appropriates state funding for the Department of Economic Development, the Department of Commerce and Insurance and the Department of Labor and Industrial Relations.
• House Bill 8 appropriates state funding for the Department of Public Safety and the Department of the National Guard.
• House Bill 9 appropriates state funding for the Department of Corrections.
• House Bill 10 appropriates state funding for the Department of Mental Health and the Department of Health and Senior Services.
• House Bill 11 appropriates state funding for the Department of Social Services.
• House Bill 12 appropriates state funding for elected officials, the Office of Public Defender, the Judiciary and the General Assembly.
• House Bill 13 appropriates state funding for statewide leasing.
• House Bill 15 appropriates supplemental funds for the Fiscal Year 2023 state operating budget.
• 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 88 would allow an individual with at least three years of work experience in an occupation or profession to apply for a license in Missouri, if that occupation or profession does not have a license to regulate it in another state or the District of Columbia.
• House Bill 402 modifies several provisions relating to health care.
• House Joint Resolution 43 modifies the initiative petition process for proposing constitutional amendments.

Bills and Committees

Committees heard mostly House bills this week as we move toward the end of session. These bills have been passed by the House and must be passed by the committee to be sent to the Senate floor for debate.

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 was heard by the Missouri House of Representatives Judiciary Committee on April 26.

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 heard by the House Elementary and Secondary Education Committee on April 26 and an executive session is scheduled for next week.

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. It is now eligible for debate on the House floor.

Additionally, Senate Bill 103 was voted do pass by the House Judiciary Committee on April 19, and the House Rules – Regulatory Oversight Committee voted do pass on April 26. It has been referred to the House Fiscal Review Committee. This bill includes Senate Bill 372, my proposal to repeal the surcharge for petitions for expungement.

Senate Bill 411 would allow homeschooled students to participate in student activities at the public school district in which they reside. This legislation also includes a provision that would prohibit many public school districts from switching to four-day school weeks unless local voters approve the move. Senate Bill 34 was amended onto this bill during our debate in the Senate. It was heard by the House General Laws Committee on April 24.

House Bill 640 was passed by the Senate Judiciary and Civil and Criminal Jurisprudence Committee and has been referred to the Senate Fiscal Oversight Committee for review. This legislation includes provisions identical to Senate Bills 119 & 120, my legislation to establish post-traumatic stress disorder as an occupational disease for first responders. Senate Bills 119 & 120 were voted do pass by the House General Laws Committee on April 27.

Judiciary Committee:

The committee heard four House bills this week. House Bill 119 modifies several provisions related to offenders in custody. House Bill 196 allows for electronic notification to a victim or witness pertaining to their case. House Bill 1108 modifies several provision related to public safety. House Bill 1133 modifies provisions relating to credit toward the service of a sentence or imprisonment.

The committee also passed a few bills that were heard last 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 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.

Commerce Committee:

Senate Bill 383 changes the tonnage fees on various minerals which are mined or produced for commercial purposes. It adds rhyolite and cobalt to the list of minerals that are required to be assessed a tonnage fee and allows the director of the Division of Mine Inspection to announce a fee when any new mineral in mined in the state.

House Bill 225 establishes the Missouri Clean Nuclear Power Act and allows electrical corporations to charge for services based on the costs of certain construction work in progress.

House Bill 461 establishes the Broadband Development Council to provide legislative oversight and stakeholder engagement and guidance regarding the investment and resources put toward broadband expansion.

The committee passed several bills this week. Senate Bill 520 would allow 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.

House Bill 779 extends the sunset date on certain natural resource fees. These fees support programs that the Missouri Department of Natural Resources operates. House Bill 631 also extends the sunset date on certain fees.

House Bill 1152 modifies the definition of “large water public utility” to include a public utility that regularly provides water services, sewer service or a combination of either to more than 8,000 customer connections and requires the Public Service Commission to issue a decision within six months of the submission by a large water public utility to acquire a small water utility.

Other News

Two courts hand attorney general losses as transgender rule blocked

A St. Louis County circuit judge on April 26 issued a preliminary stay blocking the Missouri attorney general from restricting access to gender transition care in Missouri. The judge plans to issue a more definitive ruling on May 1.

The attorney general filed an emergency regulation earlier this month seeking to impose tight restrictions on the medical services available to transgender Missourians.

The American Civil Liberties Union and Lambda Legal, an organization that defends LGBTQ rights, filed a lawsuit in state court on behalf of transgender patients and medical providers arguing the attorney general’s action is an unconstitutional attempt by an executive branch official to usurp legislative authority and enact law under the guise of administrative regulation. The plaintiffs requested a temporary restraining order blocking the regulation, which had been scheduled to take effect April 27, until the case can be fully adjudicated.

The attorney general attempted to have the case moved to federal court shortly before a hearing on the temporary restraining order was scheduled to begin. However, during a brief hearing, U.S. District Court Judge Henry Autrey said federal courts have no jurisdiction over legal claims exclusively involving state law and denied the attorney general’s request for transfer.

The attorney general then filed a motion for a change of judge in the state case. The motion was granted, but the scheduled hearing was pushed back by only a couple hours. Shortly after the hearing, St. Louis Circuit Court Judge Ellen Ribaudo, the replacement judge, stayed enforcement of the attorney general’s regulation until she rules on the restraining order.

House rejects restoring presidential primary due to date shift

The House of Representatives on April 24 rejected legislation that sought to reinstate Missouri’s presidential preference primary in time for the 2024 elections. State lawmakers eliminated the primary last year as part of an omnibus elections bill.

Although House Bill 267 would have restored the presidential primary, it also would have shifted it to the municipal Election Day in April instead of its previous date in early March. Opponents of the switch said delaying the primary a month would greatly reduce the state’s influence on the presidential nominating process and unnecessarily politicize the nonpartisan contests for school board and city government that typically are the focus of April elections.

The bill failed on vote of 65-56, with 31 lawmakers voting “present.” A minimum of 82 “yes” votes was required to advance it to the Senate. The measure’s failure means Missouri remains on track to hold presidential caucuses next year for allocating the state’s delegates to the Democratic and Republican national conventions, at which the parties’ presidential nominees will be formally selected.

Under the caucus system, party loyalists gathering at local meetings throughout the state to decide which candidates to support. With a primary, all registered voters get to participate. Before switching to the primary system for the 2000 presidential election, Missouri historically had been a caucus state.

Senate votes for changes to the process to amend state constitution

The Senate on April 27 voted 24-10 along straight party lines for a proposed constitutional amendment which is seemingly intended to make it harder to amend the Missouri Constitution. The measure returns to the House of Representatives, which approved a substantially different version in February.

As originally passed by the lower chamber, House Joint Resolution 43 sought to raise the threshold for voter ratification of constitutional amendments from the simple majority to a 60% supermajority. The Senate version of HJR 43 would create a two-tiered system under which an amendment could be ratified by either a 57% statewide supermajority or by both a simple majority statewide and the approval of a majority of voters in at least five of Missouri’s eight congressional districts.

The Senate version would also raise the bar for the General Assembly to put proposed constitutional amendments on the ballot, requiring a measure to first be approved by 57% majorities in each chamber instead of simple majorities. It also would prohibit the Legislature from altering statutory proposals placed on the ballot via initiative petition within five years of passage unless 57% of lawmakers in each chamber support doing so.

The House can either grant final passage to the Senate version or seek to negotiate a compromise version. If HJR 43 clears the Legislature, it automatically would go on the November 2024 statewide ballot unless the governor exercises his constitutional authority to set an earlier election date. Ratification would require just a simple majority.

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.