Senator Karla May's May Report for the Week of March 6, 2023
Friday, March 10, 2023
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The Week of March 6, 2023 |
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On the Floor Senate Bill 49, which would restrict gender transition treatments for transgender children, is stalled in the Missouri Senate – at least for now – after the minority spent two days filibustering the measure and my colleagues and I were unable to land on a compromise aimed at breaking the impasse. The situation resulted in the Senate unexpectedly adjourning on March 8, a day before lawmakers were scheduled to begin their annual spring recess. The Senate will reconvene March 20.
The bill would prohibit doctors and other health care providers from providing any gender transition procedures to those under age 18. Those deemed in violation could face the loss of their state-issued medical license.
Bills and Committees Judiciary Committee: The committee heard five bills this week. Senate Bill 128 would require in divorce proceedings that the party seeking enforcement of the temporary order or final judgment be paid court costs and fees by the party against whom that enforcement is sought.
Senate Bill 129 adds 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. The presumption may be rebutted by clear and convincing evidence, including an agreement by the parents on all issues related to custody or a finding by the court that a pattern of domestic violence has occurred.
Senate Bill 367 modifies provisions relating to covenants between business entities and its owners.
Senate Bill 406 would only allow children between the ages of 15 and 18 to be certified for trial as an adult for certain felony offenses. Currently, children between the ages of 12 and 18 may be certified as an adult for certain felony offenses.
Senate Bill 446 modifies restitution provisions. Under current law, only individuals who are exonerated based on DNA evidence may receive restitution for the wrongful conviction. This legislation adds that any individual who was later determined to be innocent as a result of another evidentiary method other than DNA evidence may be paid restitution.
Commerce Committee: The committee heard two bills that would provide a sales tax exemption for utilities, equipment and materials used to generate energy. Senate Bill 275 exempts these items from both state and local sales tax, while Senate Bill 300 only exempts state sales tax.
Rules Committee: Senate Joint Resolution 37 would, if approved by voters, repeal a requirement that legislative staff wait two years before acting, serving or registering as a paid lobbyist. Senate Bill 274 creates procedures for the appointment of commissioners to an Article V convention of the U.S. Constitution.
Appropriations Committee: The following departments and offices shared their funding requests for the FY ‘24 state operating budget:
The committee also reviewed tax credits administered by the following departments and offices:
Other News Federal court strikes down attempt to nullify federal gun laws A federal district judge on March 6 ruled that a 2021 state law declaring many federal gun laws unenforceable in Missouri “is invalidated as unconstitutional in its entirety” for violating the U.S. Constitution’s Supremacy Clause, which holds that federal laws trump contrary state laws.
The General Assembly enacted House Bill 85 nearly two years ago. In addition to purporting to nullify federal gun laws, the measure also authorizes those arrested or convicted of a federal gun crime to sue local police departments for civil fines of $50,000 per occurrence for assisting federal agents. It also prohibits local governments from hiring, in any capacity, former federal officers who previously enforced gun laws.
Shortly after the governor signed HB 85 into law, Missouri police departments began withdrawing from joint enforcement task forces with federal agencies and stopped sharing information with federal officials. Critics say HB 85, dubbed the “Second Amendment Protection Act,” has contributed to an increase in violent crime in Missouri by stifling criminal investigations. Several police groups opposed the passage of HB 85.
Ruling in a legal challenge brought by the U.S. Department of Justice, U.S. District Judge Brian Wimes of the Western District of Missouri said HB 85 clearly interferes with federal officials’ ability to enforce federal firearms regulations, in violation of the Supremacy Clause, and is “invalid, null, void, and of no effect.”
“SAPA’s practical effects are counterintuitive to its stated purpose,” Wimes wrote. “While purporting to protect citizens, SAPA exposes citizens to greater harm by interfering with the Federal Government’s ability to enforce lawfully enacted firearms regulations designed by Congress for the purpose of protecting citizens within the limits of the Constitution.”
Wimes issued an order prohibiting “any and all implementation and enforcement of HB 85.” The order also said Missouri police may resume cooperating with federal investigations, participating in joint task forces and sharing information “without fear of [HB 85’s] penalties.”
The Missouri attorney general said he intends to appeal the case, United States v. State of Missouri, to the 8th U.S. Circuit Court of Appeals.
House approves allowing open enrollment for public schools The Missouri House of Representatives on March 8 voted 85-69 to send legislation to the Senate aimed at making it easier for students to transfer to neighboring public school districts without paying tuition. The bill received just three more “yes” votes than the constitutional minimum required to advance.
For the most part, Missouri law historically has required students to attend the local public school district in which they reside, although in some instances students can enroll in another district if they pay tuition. House Bill 253 would allow districts to voluntarily accept students who live elsewhere starting with the 2024-2025 school year. Although transferring students wouldn’t pay tuition, their share of per-pupil state funding would follow them to their new district.
Supporters of the bill say it would give students in struggling districts more options within the sphere of public schools and spark competition among districts. Opponents contend districts often struggle due to a lack of sufficient funding and that allowing students – and their state funding – to move to another district will only exacerbate the problem.
House votes to give lawmakers control of state road funds The Missouri House of Representatives on March 7 voted 101-45 to advance a proposed constitutional amendment that would give lawmakers control over how state transportation revenue is allocated. If House Joint Resolution 37 also clears the Senate, it automatically would go on the November 2024 statewide ballot for voter ratification.
For nearly a century, the Missouri Constitution has insulated road and bridge construction decisions from legislative meddling by giving the six-member State Highways and Transportation Commission complete discretion over how state tax revenue earmarked for transportation is spent. This measure would instead empower lawmakers to allocate that money is during the annual budget process.
House advances bill imposing state control of St. Louis police department The state of Missouri would take over the St. Louis Metropolitan Police Department under legislation the House of Representatives approved on March 7 by a vote of 113-40. The measure, House Bill 702, now advances to the Senate.
Supporters contend putting the department back under state control, as it had been from 1865 to 2013, is necessary to reduce violent crime in the city. Opponents of the bill note that when the state previously controlled the department there were several periods when crime was worse than it is now. They also assert the main motivation is to prevent local officials, in a city whose population is nearly half Black, from holding police accountable.
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CONTACT INFORMATION |
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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. |
