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The Week of Feb. 5, 2024

On the Floor

This week, the Senate passed Senate Concurrent Resolution 23, which would disapprove and suspend the final order of rulemaking for a rule proposed by the Missouri Department of Elementary and Secondary Education relating to the Virtual Instruction Program. This amendment related to rules attempting to implement House Bill 1552 (2022), which changed provisions regarding the funding of charter schools and full-time enrollment for the Missouri Course Access and Virtual Schools Program. Last year, the Joint Committee on Administrative Rules held hearings and found that the proposed amendment from the department violated state law. Because of this, SCR 23 needs to be passed within the first 30 legislative days of session by both the Senate and House of Representatives. 

On Tuesday, Feb. 6, the Senate and House of Representatives convened for a joint session to hear an address from the Israeli Consul General, Maor Elbaz-Starinsky. Additonally, we convened for a joint session on Wednesday, Feb. 7, to hear the State of the Judiciary address from the honorable Chief Justice Mary R. Russell of the Missouri Supreme Court. 

Chief Justice Russell asked state lawmakers to increase state funding for mental health programs for defendants jailed while awaiting trial. “Our jails have become the largest mental health facilities in our counties,” Chief Justice Russell said. “But that is not how jails are designed, nor how their staff are trained. Jails should be used in the short term to detain people accused of crimes or found guilty of minor crimes. Concrete cell blocks are not conducive for treating mental health or addiction issues.”

Chief Justice Russell also discussed the benefit of pretrial diversion programs for defendants who aren’t jailed but require assistance with mental health issues. In addition, she asked for increased legislative support for improving mental health services and security in juvenile detention centers. Chief Justice Russell, who is in her 20th year on the state Supreme Court, is serving a rare second term as chief justice, a post that rotates among the court’s seven members every two years. She previously was chief justice from 2013-2015. Only a few judges in the court’s history have held the post twice.

On Feb. 7, the majority rejected the minority’s effort to create exceptions for cases of rape or incest to the state’s strict law banning abortion. However, the chamber failed to advance the underlying bill that would prohibit Planned Parenthood clinics in the state from participating in Missouri’s Medicaid program.

Because abortion is illegal in Missouri in nearly all instances, the local Planned Parenthood clinics do not perform them, and instead provide a variety of other women’s health services for which they are entitled to receive Medicaid reimbursements. However, since Planned Parenthood locations in other states do provide abortions, some lawmakers have unsuccessfully sought for years to keep any state funding from going to the organization.

Senate Bill 1168 would prohibit health care providers from receiving Medicaid reimbursements if they are affiliated with an out-of-state abortion provider. A proposed amendment would allow abortions in Missouri in cases of rape or incest, but that was voted down. After several hours of debate, the bill was set aside without taking a final vote. However, the Senate could return to the measure later.

The Senate debate took place one day after the launch of an initiative petition asking voters to amend the Missouri Constitution to protect reproductive rights, including abortion. Supporters must turn in signatures from a minimum of about 185,000 registered Missouri voters by early May to qualify for the Nov. 5 statewide ballot.

Bills and Committees

Senator May’s Legislation:

This week, I was proud to present Senate Bill 1278 to the Senate Progress and Development Committee. This bill designates the phrase “The Love Me State” as the official slogan of the state of Missouri. During the interim last year, I had the privilege of traveling all across the state and engaging with folks on what they cared about, not necessarily politics, and that’s what led me to file this bill.

A recent ad campaign to curb violence in St. Louis encouraged people to “stop killing each other.” I spoke with a constituent who thought it should encourage us to “start loving each other.” Through speaking with this constituent I discovered that Missouri doesn’t have an official state slogan in statute. It’s important to note that my bill wouldn’t invalidate the common and well-known Missouri slogan, “The Show-Me State,” but rather enforce our identity as a state where we are excited to show others how much we care about them. The Love Me State would serve as an invitation to come to our state and experience our love. If you would like to watch my presentation of SB 1278 to the Senate Progress and Development Committee, you can find the video here.

Judiciary Committee:

The committee heard three bills this week. Senate Bill 1070 creates the “Stop Cyberstalking and Harassment Task Force,” which will collect feedback from stakeholders, which may include victims, law enforcement, victim advocates and digital evidence and forensics experts. The task force will then make recommendations on what resources and tools are needed to stop cyberstalking and harassment. 

Senate Bill 1266 allows prosecuting and circuit attorney offices to use funds from the "Pretrial Witness Protection Services Fund.” Funds are currently used to provide for the security of witnesses and immediate family members during criminal proceedings.

Senate Bill 1200 creates a DWI diversion program, which would allow a prosecuting or circuit attorney to divert the case if the defendant meets certain criteria:

In the committee’s executive session, Senate Bill 767 and Senate Bill 1342 were combined and passed as one bill by the committee. They would both repeal the current age requirement of 16 for minors to get married and prohibit the issuance of marriage licenses in Missouri for individuals under 18 years of age. 

Similarly, Senate Bill 744 and Senate Bill 1026 were combined and passed by the committee as a single bill. These bills would add other factors a court must consider when awarding custody to parents, including the willingness and ability of parents to cooperate in the rearing of their child; the child's physical, emotional, educational and other needs; the mental health or substance use history experienced by either parent; the history of domestic and child abuse of any individuals involved; the distance between the residences of the parents; and the reasonable input of the child as to the child's custodian. 

Additionally, Senate Bill 1098, which creates price caps for inmate phone call fees and Senate Bill 1115, which modifies several provisions relating to criminal laws, were separately passed by the committee.

Commerce Committee:

Senate Bill 757 requires that, prior to the closure of an electric power plant, the electric utility company must certify to the Public Service Commission (PSC), the General Assembly and the governor that they have secured and placed on the electric grid a reliable replacement electric generation source equal to or greater than that of the closed power plant.

Senate Bill 789 states that no hospital district board of trustees may approve any agreement to partner or otherwise collaborate with any health care system operated by an institution of higher education that is located outside of Missouri for the purpose of providing health care services to Missouri residents, unless the agreement is first submitted to the voters of the district and approved by two-thirds of votes cast.

Currently, a taxpayer may claim an income tax deduction of 100% of federal grant money   received for the purpose of providing or expanding access to broadband internet to areas of the state deemed to be lacking. Senate Bill 872 adds that a taxpayer may also claim such a deduction for state and local grant money received for that purpose. 

Senate Bill 1247 would allow electrical corporations, prior to acquiring a stake in a transmission facility, to file an application with the PSC to determine that facility’s rate-making principles and treatment.

Rules, Joint Rules, Resolutions and Ethics Committee:

The committee heard four bills this week. Senate Joint Resolution 70 would, if adopted by voters, reduce the number of state House of Representatives districts to 102. It additionally requires that all House districts must be wholly contained within a single Senate district and no more than three House districts shall be contained within any single Senate district. These changes would go into effect beginning in 2033. Currently, a person may serve no more than 8 years in each chamber of the General Assembly and 16 years total. This joint resolution would allow a person to serve 16 years total in the General Assembly, regardless of the chamber.

Senate Concurrent Resolution 22 adds health and life sciences and immersive learning experiences to the mission of Missouri Southern State University.

Senate Concurrent Resolution 24 urges the U.S. Congress to offer full and unequivocal support of Israel for as long as it takes for Israel to bring justice for the unprovoked attacks on innocent civilians by Hamas. Senate Concurrent Resolution 25 commends Israel for its cordial and mutually beneficial relationship with this state and the United States, supports Israel's right to exist and further recognizes Jerusalem as the eternal capital of Israel.

Appropriations Committee:

The following departments and offices shared their funding requests for the Fiscal Year 2025 state operating budget in this week’s hearings:

 Other News

House approves three new child care tax credit programs

The Missouri House of Representatives on Feb. 6 voted 113-39 to send legislation to the Senate creating three new tax credit programs to help reduce Missourians child care costs. While support for the bill was bipartisan, only members of the majority party voted against the bill.

One program in House Bill 1488 would allow taxpayers to claim a credit equal to 75% of a verified contribution to a child care provider. Another would grant employers who pay for child care for their employees a credit equal to up to 30% of its employer withholding tax. The final program would allow child care providers to claim tax credits on their employer withholding tax and offset up to 30% of their capital improvement costs with credits. According to the bill’s official fiscal estimate, the new credits would cost the state a total of $70 million a year in lost revenue. 

House panel approves effort to override court rulings on fees

The House Pensions Committee on Feb. 6 voted 8-0 in favor of a proposed constitutional amendment that seeks to circumvent Missouri Supreme Court precedent holding that surcharges imposed on court cases violate the open courts provision of the state constitution unless the revenue is used for judicial operations. The measure can now advance to the full House of Representatives for debate.

House Joint Resolution 92 would ask voters to amend the open courts provision to authorize court surcharges raising revenue for salaries and benefits for current and retired county sheriffs and prosecuting attorneys. While state Supreme Court precedent has prohibited levying court fees for non-judicial purposes for about 40 years, HJR 92 was specifically prompted by a 2021 decision striking down a $3 surcharge on traffic offenses to provide funding for the Missouri Sheriff’s Retirement System.

Although HJR 92’s purpose is to authorize a funding source for law enforcement and local prosecutors that is currently deemed unconstitutional, the ballot language written into the measure by its sponsor instead asks voters if they want “to preserve funding of law enforcement personnel for the administration of justice” without mentioning that an unrestricted amount of new court fees could be imposed as result. If approved by both legislative chambers, HJR 92 automatically would go on the Nov. 5 statewide ballot for voter ratification.

State revenue collections down slightly so far in FY 2024

Year-to-date net state general revenue collections decreased 0.2% through the first seven months of the 2024 fiscal year compared to the same period in FY 2023, going from $7.61 billion last year to $7.59 billion this year, according to revenue data reported on Feb. 7 by the Missouri Division of Budget and Planning. Collections had been down 1.7% through the first six months of the fiscal year.

Net general revenue collections in January 2024 increased 6.3% compared to those for January 2023, going from $1.37 billion last year to $1.45 billion this year. Strong growth in sales and use tax collections helped offset a continuing decline in individual and corporate income taxes resulting from recently enacted cuts.

Although the original consensus revenue estimate for FY 2024 predicted revenue growth of 0.7% for the year, the latest revised estimate issued in December now predicts a 0.7% decline in collections by the time the fiscal year ends on June 30.

Presidential Primaries Coming Up

With the passage of House Bill 1878 in 2022, the state no longer holds presidential preference primary elections. Each party has chosen their selection process, which will take place across the state at which its members can vote to select which presidential nominee they want to be on the ballot in the general election. 

The Democratic party has chosen to hold an in-person presidential preference primary on Saturday, March 23 in each county across the state. Votes can be cast in person at a polling place in the voter’s county of residence from 8 a.m. until 12 p.m., with additional polling places in St. Louis and Kansas City. Voters may also request a mail-in ballot from the party’s website until March 12. The ballots will be distributed beginning Feb. 17 and must be returned to the party by 10 a.m. on March 23. 

The Missouri Republican Caucus will hold caucuses in all counties at 10 a.m. on March 2. You must be a registered voter in the county you wish to caucus in. You will need to show a valid, unexpired government-issues photo ID at the door before entering the caucus. The full list of caucus locations can be found on the GOP's website.

To check your voter registration or register to vote, visit sos.mo.gov/elections/goVoteMissouri/register.

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.