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The Week of Jan. 20, 2025

This week, committee hearings were held for the first time this session. As lawmakers, this is a vital part of the legislative process because we have the opportunity to hear from experts and constituents alike regarding their concerns with a particular bill. Once a committee votes to pass a bill, it is eligible for debate on the Senate floor. 

Bills and Committees 

Bill restoring state control of STL police again before legislature

Legislative committees in both the Missouri House of Representatives and Senate on Jan. 22 heard bills seeking to restore state control of the St. Louis Metropolitan Police Department. The state oversaw the department for more than 150 years until Missouri voters reinstated local authority a dozen years ago. 

The state’s first takeover of the St. Louis police occurred at the outset of the Civil War as Missouri’s secessionist governor sought to limit the power of pro-Union city officials and suppress the city’s Black population, both slave and free. Although the Civil War ended, state control remained until 63.9% of Missouri voters approved a statewide ballot measure in November 2012 that put local officials in charge of the department.

Under both the House and Senate bills, a state-controlled board would again run the department. Although city taxpayers would continue to be responsible for funding the agency, they would have no say through their local elected representatives in how it operates. The bills also would impose fines of $1,000 per occurrence on city officials who resist state control, as well as a lifetime ban on them ever again holding elected office.

Supporters of state control say it would stem violent crime. Opponents of the bill noted violent crime has increased throughout Missouri after the majority repeatedly weakened the state’s gun laws over the last decade-plus. Given the origins of the original state takeover of the St. Louis police, the current effort is also drawing criticism since the largely white legislative majority is seeking to seize a key municipal function in a city with a Black mayor and population that is roughly half Black.

The mayor of the city of St. Louis and St. Louis Metropolitan Police Chief Tracy testified in opposition to the legislation in the Senate. I remain in opposition to this bill and will continue to fight for the city of St. Louis to keep control over their police department.

The House Crime and Public Safety Committee heard House Bill 495, while the Senate Transportation, Infrastructure and Public Safety Committee considered Senate Bill 44 and Senate Bill 52. Neither committee took immediate action on the legislation.

Judiciary Committee:

The committee heard two bills this week. Senate Bill 36 establishes provisions relating to compensation for individuals who were wrongfully convicted in the state. Under current law, only wrongfully convicted individuals who were proven innocent as a result of DNA testing could receive compensation. 

Currently, a person commits the offense of endangering the welfare of a child in the first degree if he or she unlawfully manufactures or possesses amphetamine, methamphetamine or any of their analogues. Senate Bill 60 modifies the offense by adding fentanyl and carfentanil, and adds the offense of endangering the welfare of a child in the first degree to the definition of "dangerous felony."

Commerce Committee:

The committee heard two bills this week related to utilities. Senate Bill 4 and Senate Bill 5 both would allow real property that is stationary and used for transportation or storage of liquid and gaseous products, including water, sewage and certain natural gas, to be categorized as depreciable tangible personal property. These two bills would also allow certain utilities, if requested, to use a future test year to establish new base rates. 

Senate Bill 4 would repeal certain provisions relating to maximum penalties for violations of federally mandated natural gas safety standards and provides that the maximum penalties cannot exceed an amount as determined by the Secretary of Transportation of the United States. It would also allow a new or existing gas corporation account to qualify for a discount if it meets certain criteria.

Senate Bill 5 relates to the compensation of trustees of common sewer districts, as well as requires the Public Service Commission to issue a decision regarding an application of a larger public water utility acquiring a small water utility.  

Other News

Attorney general attempts to control social media companies

The Missouri attorney general issued a regulation on Jan. 16 purporting to dictate how social media companies moderate content on their platforms. However, his efforts appear to be an unconstitutional attempt to enact law under the guise of administrative rule – something he has unsuccessfully tried before – and is certain to face a legal challenge if finalized.

Under the proposed rule, social media companies would be forced to give users a choice of what algorithm is used to determine the content they see, including requiring platforms to allow access to algorithms provided by outside parties. In a news release, the attorney general said the regulation is intended to protect the free speech rights of social media users. However, a state official attempting to dictate how those platforms operate likely violates the speech free of the social media companies.

Although the attorney general cites the Missouri Merchandising Practices Act – a consumer protection law traditionally used to crack down on deceptive business practices or the sale of defective products – as his legal authority for the rule, courts have thwarted his past attempts to use the law in novel ways. In 2023, a state judge blocked an administrative rule the attorney general issued seeking to prohibit nearly all gender-affirming medical care for transgender Missourians, finding the attorney general had exceeded the power granted him under the MMPA.

Once the secretary of state’s office publishes the attorney general’s proposed social media regulation, it will be subject to a public comment period and possible revision before a final order of rulemaking could be issued. As a result, it will be at least a couple of months before the rule could take effect. 

Committee considers banning diversity, equity and inclusion

The House Emerging Issues Committee on Jan. 22 considered legislation that seeks to ban state agencies from promoting diversity, equity and inclusion. The committee took no immediate action on the bill but is expected to advance it to the full House of Representatives for debate.

Supporters of House Bill 742 claim diversity, equity and inclusion programs promote preferential treatment based on race, gender or other characteristics. Opponents of the measure maintain such programs are merely an effective way to encourage giving qualified members of historically marginalized groups fair consideration for employment and educational opportunities.

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.