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The Week of March 27, 2023

On the Floor

This week, the Senate perfected Senate Joint Resolution 21, which, if approved by voters, would authorize counties to freeze the real property assessed values of certain senior citizens.

The Senate third ready and passed the following bills this week:

•           Senate Bill 133 would allow taxpayers to claim an income tax exemption for their unborn child and for the year the child is born.

•            Senate Joint Resolution 35, a constitutional amendment that, if approved by voters, would authorize the real property replacement tax levy to be decreased by the elected governing body of the county.

•            Senate Bill 247 would deduct certain retirement and social security benefits from an individual’s adjusted gross income.

•           Senate Bill 115 would restrict political subdivisions from enacting, maintaining or enforcing any order, ordinance, rule, regulation or policy that prohibits, restricts, limits, regulates, controls, directs or interferes with the practice of veterinary medicine.

•           Senate Bill 222 would prohibit any county, municipality or political subdivision from imposing or enforcing an eviction moratorium, unless specifically authorized by law.

•           Senate Bill 22 would raise the age from between the ages of 12 and 18 to between the ages of 14 and 18 for a child to be certified as an adult for certain felony offenses. Currently, juveniles are ineligible for parole after 15 or more years of imprisonment if they are found guilty of first degree murder. This legislation adds second degree murder to that statute.

•           Senate Bill 138 would require the Missouri Department of Economic Development to promote Missouri hardwood forest products and educate the public on the value and benefit of such products. The bill creates the “Missouri Hardwood Forest Production Promotion Fund” to pay for such promotion and education.

•           Senate Bill 227 would modify the culpable mental state necessary to prove a homicide offense by adding that the offender does not need to know the identity of the person they intended to kill. If the state proves beyond a reasonable doubt that the offender had the requisite mental state toward a specific person or a general class of persons who are not identified or who are not identifiable, such intent shall be transferred to a person who is killed by the offender while such mental state existed.

•           Senate Bill 245 would create the “Public Defender – Federal and Other Fund” in the state treasury and states any government grant, private gift, donation or other sources of funding will be deposited into this fund.

•           Senate Bill 56 prohibits the use of cell phones while driving, unless the driver is using hands-free options or checking navigational information, among other exceptions.

•           Senate Bill 213 states that a court cannot award custody, guardianship or unsupervised visitation in a paternity action to a parent who has been found guilty, or pled guilty to, specified offenses when the victim is a child.

•           Senate Bill 106 would prohibit performing certain patient examinations upon anaesthetized or unconscious patients.

•           Senate Bill 198 exempts homeless children, homeless youths and unaccompanied youths from certain fees collected by the Missouri Department of Revenue and adds these groups to the definition of “emancipated minor” for the purposes of proving the supervised driving experience required to obtain an intermediate driver's license, and exempts emancipated minors from intermediate driver's license fees. This bill also waives any fees for the issuance or copy of a birth certificate if the request is made by a victim of domestic violence or abuse.

•           Senate Bill 167 would allow for medical examiner's certificates for commercial driver's licenses or instruction permits to be provided to the state by mail, fax or email, in addition to the means currently available.

•           Senate Bill 155 would modify membership requirement for the Missouri State Fair Commission.

•           Senate Bill 63 would make it easier for banking institutions to do business with licensed marijuana facilities in the state.

Bills and Committees

Senator May’s Legislation:

Senate Bill 34, which would allow school districts to offer elective social studies courses relating to the Hebrew Scriptures, the Old Testament of the Bible and the New Testament of the Bible, is scheduled to be heard by the House General Laws Committee on April 4 at 4:30 p.m. or upon adjournment of the House of Representatives.

Two of my bills were combined with Senate Bill 119, which was also referred to the House General Laws Committee. Senate Bill 120 would establish post-traumatic stress disorder as an occupational disease for first responders, and Senate Bill 121 adds firefighters as eligible first responder personnel to receive services from the Critical Incident Stress Management Program of the Missouri Department of Public Safety.

Additionally, Senate Bill 372, my proposal to repeal the surcharge for petitions for expungement, is included in Senate Bill 103, which scheduled to be heard by the House Judiciary Committee on April 3 at 4:30 p.m. or upon adjournment of the House of Representatives.

Senate Bill 122 has been placed on the formal calendar for perfection and is eligible for floor debate as early as next week. This legislation would allow a child to be excused from school due to mental health or behavioral health concerns, provided the school receives documentation from a mental health professional.

Judiciary Committee:

The committee heard four bills this week. Senate Bill 384 establishes the “Missouri State Compact Fund” to pay for the cost of returning a person to Missouri under the Interstate Compact for Adult Offender Supervision. This compact provides the state the authority and details the process by which individuals under community supervision are transferred from such supervision in one state to another.

Currently, a judge may order a pretrial examination of an accused person whom the judge believes does not have the mental fitness to proceed with the trial. The psychiatrist, psychologist or physician who performs the exam must submit a findings report. Senate Bill 387 would require that report to include recommendations as to whether the accused, if found to lack the mental fitness to proceed, should be committed to a suitable hospital or treatment or if the treatment could be provided outpatient or jail-based restoration services to reduce the number of individuals who are waiting for inpatient beds for mental health treatment.

Senate Bill 405 adds to the offense of endangering the welfare of a child in the first degree that any person who knowingly encourages or aids a child less than 17 to engage in any conduct violating law relating to firearms shall be guilty of a class D felony.

Senate Bill 423, which raises the age of certification of a child for trial as an adult to the age of 14, was also heard by the committee. This legislation was added to Senate Bill 406, which the committee passed on March 27. Currently, the juvenile court has exclusive original jurisdiction in proceedings involving a juvenile who violated a state law, and if those cases are taken up by the circuit court in the jurisdiction in which the child resides or where the alleged violation occurred. Under Senate Bill 406, the case may be transferred to the circuit court in which the child resides, if a juvenile officer transfers the case or the court grants a motion to transfer the case.

Commerce Committee:

Senate Bill 333 creates the “Missouri Nuclear Clean Power Act” and provides for clean baseload electric generating plants that utilize renewable sources of energy. Senate Bill 374 modifies provisions to the renewable energy standard. Senate Bill 395 extends the sunset date on certain natural resource fees until 2034. These fees support programs that the Missouri Department of Natural Resources operates.

District News

Honoring Local Heroes:

This week, I had the privilege to present a resolution to the St. Louis Metropolitan Police Department (SLMPD) on the Senate floor. These officers acted quickly during the tragic shooting at Central Visual and Performing Arts High School in October, and I applaud their bravery and heroic actions that day. Our community is still healing from the events of that day, but I am proud of the SLMPD and their dedication to keeping us safe.

Standing Up for St. Louis’ Right to Govern:

On Wednesday, March 29, Hands Off STL came to the State Capitol to advocate for St. Louis and the right to govern themselves. I was honored to be a speaker at their rally on the front steps on the Capitol.

Hands Off STL was here protesting the proposed House Bill 702, which would put the St. Louis Metropolitan Police Department back under state control. This legislation has been referred to the Senate Transportation, Infrastructure and Public Safety Committee and is eligible to receive a committee hearing.

Other News

Diversity debate overshadows $45.62 billion state budget

The Missouri House of Representatives on March 30 voted out a nearly $45.62 billion state operating budget for the upcoming fiscal year following two days of debate focused on language inserted in the plan to broadly prohibit all state agencies and anyone who does business with them from promoting “diversity, equity or inclusion.” Because it would have wide-ranging negative consequences for the state, the Senate’s top budget official has vowed to strip the language when the appropriations process moves to the upper chamber.

During initial debate on March 28 on the various bills that make up the 2024 state operating budget, lawmakers from the majority party in the House voted to add language barring the state from spending any money for “staffing, vendors, consultants or programs associated with” diversity, equity or inclusion, commonly known as DEI.

However, both government and the private sector, including many companies that contract with the state, commonly promote diversity, equity and inclusion as a way to attract and retain workers, as well as foster stronger relationships with historically marginalized groups. Because DEI policies are so ubiquitous in modern society, the impact of attempting to defund everything connected to them could be devastating for Missouri by making it impossible for the state to hire outside contractors, prohibiting countless state programs and costing Missouri all of the federal funds it expects to receive in FY 2024.

Initially, the minority party largely stood alone in opposing the anti-DEI language, but as the House worked its way through initial passage of the appropriations bills, more members of the majority party began realizing the implications for the state, with about two dozen members eventually joining the opposition. As the House was taking its final budget votes, the chairman of the Senate Appropriations Committee told news reporters the controversial language will be removed.

One change eliminated more than $100 million in spending authority earmarked for local public school districts. While the House Budget Committee chairman argued this was excess authority that wouldn’t be spent, the minority party countered that instead of cutting it, lawmakers should let schools spend it, perhaps on increasing minimum teacher pay, a category in which Missouri already ranks as worst in the nation. Such proposals were rejected.

In another controversial move, the majority party completely eliminated all state funding for local public libraries in retaliation for a lawsuit filed on their behalf challenging the constitutionality of a new “book banning” law that prompted many libraries to pull many popular and acclaimed books from their shelves out of fear of prosecution.

There was also criticism for failing to tap the state budget surplus to increase reimbursement rates for providers of critical in-home care and address staffing shortages throughout state government. In addition, the House plan eliminated $1 billion requested by the governor to begin rebuilding key sections of Interstate 70.

The budget debate now shifts to the Senate, which is expected to restore most of the governor’s requested spending, as well as further tap the surplus revenue for a variety of other programs and projects. The two chambers must approve identical versions of the 13 appropriations bills that make up the operating budget by a constitutional deadline of May 5.

Democrats filibuster attempt to limit constitutional changes

A proposed constitutional amendment intended to make it harder to amend the Missouri Constitution has been blocked, at least temporarily. Since the change is a priority for the majority, the Senate is expected to resume debate on it at some point during the final weeks of the 2023 legislative session.

House Joint Resolution 43’s main provision would raise the vote threshold for ratifying future constitutional amendments from a simple majority – which has been the case for more than two centuries – to a 60% supermajority. As so-called “ballot candy” to entice voters into supporting something they might otherwise oppose, it also includes a provision falsely purporting to prohibit non-U.S. citizens from voting on constitutional amendments. Since the constitution already bars non-citizens from voting in Missouri elections, this provision actually would change nothing.

The deceptive ballot language included in HJR 43 lists the citizenship issue first, with the higher ratification requirement appearing last. The House of Representatives approved HJR 43 nearly two months ago on a straight party-line vote.

During the Senate debate on the measure, the minority party filibustered for nearly four hours before Senate leaders set it aside. If the Senate ultimately passes HJR 43, it will automatically go on the November 2024 statewide ballot, unless the governor exercises his constitutional authority to set an earlier election date. Ratification would require the simple majority of more than 50%.

House okays letting utilities bill customers for future projects

The House of Representative voted 108-39 on March 29 to advance legislation that would give investor-owned power companies the authority to charge their customers upfront for the costs of planning and building nuclear power plants. The bill now goes to the Senate.

Missouri utilities have been prohibited from passing on the costs of new facilities until they are online and generating power since 1976, when 63% of voters approved a statewide ballot measure outlawing the practice, known as “construction work in progress.” House Bill 225 would lift that restriction.

Supporters say the existing law is an impediment to building additional nuclear power plants in the state. Opponents say utility company investors – not customers – should bear the financial risks of pursuing such projects and noted several instances from other states in which customers were stuck with billions of dollars in costs for facilities that never were completed.

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.