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The Week of Feb. 19, 2024

On the Floor

This week, the Senate passed Senate Joint Resolution 74, which would make it harder to pass constitutional amendments, including initiative petitions, in Missouri. The Missouri Constitution currently sets a simple majority of the statewide vote for ratifying amendments. The latest version of SJR 74 would require future amendments to win both a statewide majority and majorities in at least five of Missouri’s eight congressional districts. The concurrent majority requirement would apply to both amendments placed on the ballot by the Legislature and those proposed by initiative petition. If an amendment passes, it would take effect at the end of 31 days after the election. 

My colleagues and I worked hard to ensure so-called “ballot candy” language was removed from the bill. Under the original language, when voters go to the polls, they would have seen a section stating that by passing the ballot measure, only individuals who are a legal resident of Missouri and a citizen of the United States could sign initiative petitions or vote to pass them. This is already the case and would have served to trick voters into voting for the measure. Other ballot candy provisions included prohibiting using the initiative petition process to propose constitutional changes allowing public officials to receive gifts from lobbyists, increasing taxes on food, bar foreign governments from sponsoring or supporting initiative petitions, or reducing law enforcement funding. At the very least, I am glad this portion was removed from the bill to give voters a clear and concise description of the ballot measure so they can make their own informed decision. 

If it clears the Legislature, SJR 74 automatically would go on the Nov. 5 statewide ballot and the existing simple-majority ratification threshold would be used. However, supporters are counting on the governor exercising his constitutional authority to move the measure to the Aug. 6 party primary ballot in hopes of applying the higher ratification threshold to an initiative petition aiming to put a proposed constitutional amendment protecting reproductive rights before voters in November.

The Senate also began discussion on Senate Bill 799, modifying motor vehicle assessments. During tax years beginning on or after Jan. 1, 2025, this bill would require assessors to use the manufacturer’s suggested retail price using a twelve year depreciation table. 

Bills and Committees

Judiciary Committee:

Senate Bill 864 modifies provisions relating to costs and fees in divorce proceedings. When a court must enforce a temporary order or final judgment in a divorce proceeding, court costs and fees must be paid for by the party against whom the enforcement is sought, not by the party seeking enforcement. Senate Bill 988 modifies provisions relating to the definition of “qualified spousal trust.” Senate Bill 1379 creates the “Public Defender – Federal and Other Fund” in the State Treasury and provides that funding from any government grants, private gifts, donations, bequests or other sources must be deposited into this fund. Currently, it is deposited into the general revenue fund of the state.

Appropriations Committee:

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

Other News

Scholarship Opportunity

The Women Legislators of Missouri Caucus is offering sixteen one-time $1,000 college scholarships to young women across the state who wish to continue their academic career in college. Applicants must be a female, Missouri resident and 2024 graduating senior; demonstrate excellence in leadership, academics and community service; and submit a 500 word essay. The deadline is March 22, 2024. The application can be found on the My Scholarship Central website. 

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-issued 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.

House advances restrictions on initiative petition process

The House of Representatives on Feb. 22 sent legislation to the Senate that would impose a host of procedural restrictions on the collection of initiative petition signatures. The action came on a straight party-line vote of 104-41, with the majority party in favor.

House Bill 1749’s provisions include specifying the font size and type that must be used on petitions, as well as the color of ink people must use when signing. The bill also says only Missouri residents and U.S. citizens can gather petition signatures and that petition gatherers can’t be paid based on the number of signatures collected. In addition, the measure would require petition signatures to be invalidated if a court rewrites ballot language prepared by the Secretary of State’s Office for being misleading.

Under decades-old Missouri Supreme Court precedent relating to initiative petitions, most recently expressed in the 2022 case No Bans on Choice, et al., v. John R. Ashcroft, the legislature cannot “use procedural formalities to interfere with or impede this constitutional right that is so integral to Missouri’s democratic system of government.” As a result, the validity of several HB 1749 provisions is likely to be questioned in court.

Lawmakers decry lack of legislative action on gun violence

The House of Representatives advanced omnibus public safety legislation to the Senate on Feb. 19, but only after the minority party highlighted the need to address gun violence following the mass shooting days earlier at the Kansas City Chiefs Super Bowl victory parade. The bill passed on a bipartisan vote of 120-26, with eight members voting present.

Although House Bill 1659 enjoyed broad support, the minority party focused on provisions to strengthen Missouri’s lax gun laws that weren’t included – and that House leadership refuses to advance. Since taking control of both legislative chambers in 2003, members of the majority party have voted to steadily weaken the state’s gun restrictions, including by allowing people to carry concealed weapons without a permit or training and allowing guns in more public spaces.

Dozens of state lawmakers from both parties attended the parade and many were present in the immediate area where the shooting took place. Two men so far have been criminally charged in the incident, which resulted in one dead and more than 20 wounded, including nine children.

Provisions of HB 1659 includes about a dozen provisions, including those increasing penalties for drug trafficking, expanding when armed criminal action charges can be filed, making engaging in celebratory gunfire a specific crime and increasing the minimum age to charge a juvenile as an adult from 12 to 14 for most felonies. Controversial provisions include limiting the authority of local civilian police oversight boards and boosting penalties for harming police dogs, with no exceptions for acts of self-defense in response to unlawful attacks.

Omnibus judiciary bill falls to bipartisan House opposition

The House of Representatives on Feb. 19 voted to reject an omnibus bill seeking to make a slew of changes to state judicial proceedings. However, three days later the chamber agreed to send the bill back to committee to have several provisions lawmakers found objectionable removed.

House Bill 1886 was defeated on a vote of 58-85, with 12 lawmakers voting “present.” The House then voted 131-5, with five “present” votes, on Feb. 22 to reconsider the earlier vote and recommit the bill to the House Judiciary Committee for revisions.

Opponents largely object to a provision that sought to eliminate mandatory background checks for people seeking appointment as guardian or conservator of a grandchild. Lawmakers with experience in social work noted such checks can reveal that a grandparent is unfit for the role due to past abuse allegations, criminal history or other factors.

One lawmaker told the Missouri Independent that many members of his party had too many questions about too many provisions of the wide-ranging bill, which includes provisions relating to the dissolution of limited liability corporations, alternative dispute resolution procedures, spousal trusts, estate planning and increased juror pay, among others.

The bill’s sponsor said the provision on background checks will be removed, with several others also being either deleted or modified. Once the committee makes changes, the bill will return to the House for further debate.

Treasurer under fire for ads on legally dubious slot machines

During a hearing on Feb. 21, the chairman of the House General Administration Appropriations Subcommittee called out the state treasurer for advertising on unlicensed video lottery terminals that the Missouri Gaming Commission and State Highway Patrol considers to be illegal slot machines. The chairman showed photos of advertisements on several VLTs that feature the state treasurer’s name under the official state seal and promote the treasurer’s unclaimed property program. The chairman said the ads create the appearance of the state of Missouri endorsing the machines, and said he asked the state treasurer to testify at the hearing, but he declined. 

VLTs have proliferated throughout the state in recent years and can commonly be found in gas stations, bars and other places. The highway patrol has seized and destroyed VLTs in counties where prosecutors have been willing to file charges. However, prosecutors in some counties are less certain the machines violate state law and have declined to pursue cases against them.

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.