Capitol Briefing: Month of October 2014
Measures Approved by Senate to Appear as Proposed Constitutional Amendments on Nov. 4 Ballot

On Tuesday, Nov. 4, Missouri voters will cast their ballot for local, state and federal elections, as well as four proposed constitutional amendments, three of which originated in the General Assembly as joint resolutions.

Proposed Constitutional Amendments

Constitutional Amendment 2, which addresses the prosecution of sexual crimes against children, began as House Joint Resolution 16 during the 2013 legislative session, sponsored by Rep. John McCaherty, R-High Ridge, and carried in the upper chamber by Sen. Rob Schaaf, R-St. Joseph. The measure was approved by a vote of 30-2 in the Senate, sending it to the secretary of state for inclusion on the 2014 general election ballot.

If approved by voters, Constitutional Amendment 2 would allow relevant evidence of prior criminal acts to be admissible in prosecutions for crimes of a sexual nature involving a victim less than 18 years of age.

The amendment limits the use of such prior acts to support the victim’s testimony or show that the person charged is more likely to commit the crime.  Furthermore, the judge may exclude such prior acts if the value of considering them is substantially outweighed by the possibility of unfair prejudice to the person charged with committing the crime.

Constitutional Amendment 6, which creates an early voting period in Missouri, began as House Joint Resolution 90 during the 2014 legislative session, sponsored by Rep. Tony Dugger, R-Hartville, and carried in the Senate by Sen. Will Kraus, R-Lee’s Summit. The measure was passed by a vote of 22-8 in the Senate.

If approved by voters, Constitutional Amendment 6 would permit voting in person or by mail for a period of six business days prior to and including the Wednesday before the election day in general elections, but only if the Legislature and the governor appropriate and disperse sufficient funds for the increased costs of such voting. The amendment does not allow early voting on Saturday or Sunday.

Constitutional Amendment 10, which modifies the governor’s withholding authority in regards to the state’s annual budget, originated in the General Assembly as House Joint Resolution 72 earlier this year, sponsored by Rep. Todd Richardson, R-Poplar Bluff, and handled in the upper body by Sen. Ryan Silvey, R-Kansas City. The resolution was approved by a vote of 25-4.

If approved by voters, Constitutional Amendment 10 would require the governor to pay the public debt, prohibit the governor from relying on revenue from legislation not yet passed when proposing a budget, and create a legislative check on the governor’s decisions to restrict funding for education and other state services.

This amendment prohibits the governor from reducing funding passed by the Legislature without receiving legislative consent, and provides certain other restrictions on the governor’s ability to increase or decrease line items in the budget. This amendment further prohibits the governor from proposing a budget that relies on revenue from legislation that has not yet passed in the General Assembly.

Citizens will also have the opportunity to vote on Constitutional Amendment 3, which was put on the Nov. 4 ballot through the initiative petition process. If approved by voters, the amendment would require teachers to be evaluated by a standards based performance evaluation system for which each local school district must receive state approval to continue receiving state and local funding; require teachers to be dismissed, retained, demoted, promoted and paid primarily using quantifiable student performance data as part of the evaluation system; require teachers to enter into contracts of three years or fewer with public school districts; and prohibit teachers from organizing or collectively bargaining regarding the design and implementation of the teacher evaluation system.

For more information on the proposed constitutional amendments, click here or visit www.sos.mo.gov/elections/2014ballot

Committees Scheduled to Meet in November

Various Senate and joint committees are scheduled to meet during the upcoming month. The Joint Committee on the Justice System and the Senate Sentencing and Corrections Oversight Commission, both chaired by Sen. Bob Dixon, R-Springfield, will meet at 9:30 a.m. on Thursday, Nov. 6, at the Capitol in Senate Committee Room 2. The committees, which include Sen. Jolie Justus, D-Kansas City, will hear an annual update from the Missouri Department of Corrections on the implementation of the Justice Reinvestment Act of 2012.

The Missouri Juvenile Justice Task Force, which was formed pursuant to Senate Concurrent Resolution 29 from the 2014 legislative session, will also meet next month at 10 a.m. on Friday, Nov. 7, in House Hearing Room 7.

The group is charged with considering and making recommendations to the General Assembly on raising the age of juvenile court jurisdiction to 18 years old; removing juveniles from adult jails pre-trial; revising the age of certification to adult court; current laws relating to the jurisdiction of the juvenile court; research on best practices for handling offenses committed by youth in the court system; the benefits of retaining youth under the juvenile justice jurisdictions in Missouri; methods to reduce the number of youth in adult detention centers and prisons; and the long-term fiscal impact of treating youth in the adult criminal system. Senator Wayne Wallingford, R-Cape Girardeau, and Sen. Justus both serve on the committee.

Finally, the Joint Committee on Public Employee Retirement will hold its fourth quarter meeting at 1:30 p.m. on Wednesday, Nov. 19, in House Hearing Room 7. Those serving on the committee include Sen. Mike Kehoe, R-Jefferson City; Sen. John Lamping, R-Ladue; Sen. Maria Chappelle-Nadal, D-University City; Sen. Joseph Keaveny, D-St. Louis; and Sen. Gina Walsh, D-Bellefontaine Neighbors.

To see a list of upcoming Senate hearings, visit the Missouri Senate’s official website at www.senate.mo.gov and click on the “Hearings” link on the right side of the page.

The Missouri Senate’s Capitol Briefing will be distributed and posted monthly throughout the interim.  For more legislative news, please visit the Senate newsroom at www.senate.mo.gov/newsroom, where you will find various audio and video programs and other informational services, such as:

  • Missouri Legislative Update – A video program produced throughout the legislative session and interim that provides an overview of news in the Missouri Senate and House of Representatives.  The program features news interviews with lawmakers conducted by Missourinet’s Bob Priddy and stories on issues concerning Missourians.
  • This Week in the Missouri Senate – A weekly, audio program that wraps up the week’s news in the Missouri Senate.  Programs are posted online every Friday in .mp3 format.
  • The Senate Minute – A condensed, one-minute audio report of current Senate news.  Programs are posted in .mp3 format and are available through podcast.
  • Daily Audio/Video Clips – Throughout the year, the Senate Newsroom posts broadcast-quality audio and video highlights from Senate committee hearings, floor debate, press conferences and other legislative events.  Please note: Clips linked to this Capitol Briefing are only available for the legislative week referenced in the publication.