Legislative Update: Bar-initiated and Bar-supported legislation advances in General Assembly

General Assembly

The General Assembly reconvened on Monday, February 13, 2023, but the celebration in Kansas City of the Chiefs’ Super Bowl victory impacted the legislative schedule this week.  The Senate ended the week early, adjourning on Tuesday evening after perfecting a number of bills, and will return on Monday, February 20, 2023.  The House conducted committee hearings on Wednesday and limited floor activity on Thursday, and its members will return on Tuesday, February 21, 2023 (with no session on Monday, in observance of Presidents’ Day). 

On Monday, February 13, 2023, the House adopted an early supplemental appropriations bill, HCS HB 14 by a vote of 151 ayes, 2 noes, and 1 present.  HB 14 includes a proposed 8.7% cost of living adjustment and shift differential increases for state employees (including the Judiciary and the Office of State Public Defender).  The bill has been reported to the opposite chamber, referred to the Senate Appropriations Committee, and scheduled for a hearing on Tuesday, February 21, 2023.    

In addition to the seven bills and one joint resolution included in last week’s Legislative Update, the Senate sent one additional bill to the House for consideration:

• SS #2 SCS SBs 4, 42, & 89 (Koenig), modifying provisions regarding transparency in public schools and creates the Parents’ Bill of Rights Act of 2023

On Tuesday, February 14, 2023, the Senate worked its way methodically down its Perfection Calendar, approving a number of bills, including: 

• SS SCS SBs 94, 52, 57, 58 & 67 (Hoskins), establishing tax credits for the production of certain entertainment
• SS SB 75 (Black), modifying provisions relating to public school retirement systems, including retirement allowance multiplier, working after retirement, and increases for members in domestic partnership with reduced monthly payments
• SB 20 (Bernskoetter), modifying terms of active employee members of the Board of Trustees of the Missouri Department of Transportation and Highway Patrol Employees’ Retirement System
• SCS SB 13 (Crawford), modifying provisions relating to financial institutions
• SS SB 24 (Hough), creating the “Missouri First Responder Mental Health Initiative Act”
• SB 101 (Crawford), enacting provisions relating to lender-placed insurance
• SS SCS SBs 119 & 120 (Luetkemeyer), modifying provisions relating to first responders
• SCS SB 103 (Crawford), modifying provisions relating to court operations, including court automation, compensation for court reporters, and court surcharges for expungement petitions [In December 2022, The Missouri Bar Board of Governors voted to support the underlying introduced bill, which would extend the expiration date for the fee used to partially fund the statewide court automation system.]
• SS SCS SB 70 (Fitzwater), adopting the Counseling Interstate Compact for professional counselors
• SS SB 23 (Hough), requiring motor vehicle dealers to collect and remit sales tax on motor vehicles the dealer sells
• SB 28 (Brown – 16), modifying provisions relating to access to public records of the Missouri highway patrol
• SB 47 (Gannon), modifying provisions relating to licenses issued by the Department of Revenue

These bills are now on the Senate Bills for Third Reading Calendar. 

To date, the House has sent four bills to the Senate for consideration: 

• HCS HB 14 (Smith – 163), an early supplemental appropriations bill
• HCS HB 115 & 99 (Shields), modifying provisions relating to the scope of practice for physical therapists
• HCS HB 301 (Roberts), modifying and establishing provisions relating to public safety
• HCS HJR 43 (Henderson), relating to constitutional amendments

On Thursday, February 16, 2023, the House third read and passed HB 184 (Murphy), which would require political subdivisions that mandate the installation of electric vehicle charging stations at certain businesses to pay the costs associated with the installation, maintenance, and operation of such stations. 

To see more bills of interest, organized by subject or practice area, visit The Missouri Bar’s Legislative Engagement Center (and bookmark the page).  These bills of interest feeds are automatically updated with the latest status of the bills listed and provide links to individual bill webpages.  The bills of interest listed at the end of this update are just a sample of those already introduced this year, many of which could significantly impact the administration of justice, the integrity of the judiciary, or the dignity of the profession of law.   If you have any questions or comments about specific legislation, please contact Government Relations staff at 573-659-2280 or govrel@mobar.org for more information.   

Bar-Initiated Legislative Proposals (2023 Introduced Legislation)

COMMITTEE HEARINGS OF INTEREST

Senate

N.B.:  The “Witnesses” links for Senate committees will lead to the “Committee Minutes” page of the relevant committee.  On the “Committee Minutes” page, scroll to the appropriate bill number in the middle column of the page and click the “View” button.

The Senate Judiciary and Civil and Criminal Jurisprudence Committee met on February 13, 2023, and held public hearings on the following legislation:

• SB 36 (Williams), modifying provisions relating to expungement – Witnesses
  
  Support:  Representatives of the Missouri Association of Prosecuting Attorneys and the Missouri Office of Prosecution Services; the Missouri Chamber of Commerce and Industry; Dream.org; the Missouri State Conference NAACP; the NAACP; the Missouri Association of Criminal Defense Lawyers; the Missouri Catholic Conference; and Missouri Appleseed
   
• SB 37 (Williams), establishing a conviction review unit – Witnesses
  
  Support:  Representatives of the Missouri Association of Prosecuting Attorneys and the Missouri Office of Prosecution Services; Dream.org; the Missouri Association of Criminal Defense Lawyers; the Missouri State Conference NAACP; and the NAACP
   
• SB 189 (Luetkemeyer), modifying provisions relating to law enforcement animals – Witnesses
  
  Support:  Representatives of the Missouri Association of Prosecuting Attorneys and the Missouri Office of Prosecution Services; the United States Police Canine Association; and the Missouri Department of Conservation
   
• SB 227 (Coleman), modifying provisions relating to the culpable mental state necessary for a homicide offense – Witnesses
  
  Support:  Representatives of the Missouri Association of Prosecuting Attorneys and the Missouri Office of Prosecution Services

The committee took action on the following legislation in executive session:

• SB 118 (Luetkemeyer), modifying provisions relating to detention on arrest without a warrant – Do Pass by a vote of 3 to 1
   
• SB 215 (Roberts), establishing provisions relating to alternative dispute resolution – Do Pass by a vote of 4 to 0  [2023 Bar-initiated legislative proposal]

The Senate Appropriation Committee met on February 14, 2023, and heard budget presentations for Public Safety and the National Guard.

 

House

The House Judiciary Committee met on February 13, 2023, and held public hearings on the following legislation:

• HB 444 (Schnelting), providing for the redaction of personal identifying information of minors and next friends from public court automation systems – Electronic Witness Forms
  
  Support:  Kara Elms (individual)
   
• HB 367 (Seitz), establishing provisions relating to civil actions for vulnerable victims of sexual abuse – Electronic Witness Forms
  
  Support:  Representatives of Missouri KidsFirst; the Missouri Coalition Against Domestic and Sexual Violence; Monsees and Mayer, P.C.; and survivors of sexual abuse
  
  Oppose: Representatives of the American Tort Reform Association; the Missouri Civil Justice Reform Coalition; the American Property and Casualty Insurance Association; the Missouri Insurance Coalition, and the Missouri Chamber of Commerce and Industry

N.B.: Because the following two bills dealt with the same matter, testimony on them was taken together.

• HB 185 (Murphy), establishing a rebuttable presumption that child custody arrangements that award equal parenting time are in the best interest of the child – Electronic Witness Forms
   
• HB 281 (Schnelting), modifying provisions of law relating to child custody arrangements – Electronic Witness Forms
  
  Support:  Representatives of Americans for Equal Shared Parenting; the National Parents Organization; and various individuals
   
• HB 881 (Christofanelli), establishing provisions relating to electronic estate planning documents – Electronic Witness Forms [2023 Bar-initiated legislative proposal]
  
  Support: Representatives of The Missouri Bar

The committee took action on the following legislation in executive session:

• HCS HB 994, 52 & 984  (Parker), modifying and establishing  provisions relating to judicial proceedings – Do Pass by a vote of 13 to 2  [The committee substitute included provisions from HB 994  (Parker), relating to orders of protection; HB 52 (Copeland), relating to the release of a person from prison; and HB 984 (Hicks), relating to the disclosure of personal information.] 
   
• HCS HB 90 (Veit), modifying provisions relating to court automation – Do Pass by a vote of 13 to 0 and Do Pass Consent by a vote of 13 to 0 [Bar-supported legislation]

Archived Video of Committee Hearing

The House Children and Families Committee met on February 14, 2023, and held public hearings on the following legislation:

• HB 715 (Kelly (141), designating methods for determining state aid for educational costs of children in state custody – Electronic Witness Forms
  
  Support:  Representatives of Epworth Children and Family Services and the Missouri Coalition for Children
  
  For Information Only:  Representatives of the Special School District of St. Louis County
   
• HB 716 (Kelly (141), changing provisions governing educational costs for children residing in a psychiatric residential treatment facility – Electronic Witness Form
  
  Support:  Representatives of KVC Health Systems; Heartland Behavioral Health Services; and the Missouri Coalition for Children
   
• HB 743 (Kelly (141), changing provisions governing educational services costs – Electronic Witness Forms
  
  Support:  Representatives of Heartland Behavioral Health Services

The committee took action on the following legislation in executive session:

• HB 677 (Copeland), allowing the Office of Child Advocate to disclose the identity of a complainant or recipient if requested by law enforcement as part of an investigation – Do Pass by a vote of 8 ayes and 2 present
   
• HCS HB 454 (Coleman), modifying provisions relating to criminal offenses involving a child – Do Pass by a vote of 10 to 2
   
• HB 283 (Kelly – 141), creating provisions relating to patient examinations – Do Pass by a vote of 10 to 0 and Do Pass Consent by a vote of 10 to 0

Archived Video of Committee Hearing

The House Subcommittee on Appropriations – General Administration Committee met on February 14, 2023.  The subcommittee voted to Do Pass HB 12 (including the Judiciary and Public Defender proposed budgets) by a vote of 14 to 0.  The bill has been referred to the full House Budget Committee for consideration.

Archived Video of Committee Hearing

The House Crime Prevention and Public Safety Committee met on February 16, 2023, and held public hearings on the following legislation:

• HB 570 (Christ), establishing the offense of unlawfully gaining entry into motor vehicles - Electronic Witness Forms
   
• HB 725 (Francis), modifying and establishing offenses involving teller machines  - Electronic Witness Forms
   
• HB 766 (Roberts), creating provisions relating to background checks for employees and others associated with marijuana facilities  - Electronic Witness Forms

Archived Video of Committee Hearing

Legislative Dates to Remember

First Regular Session

Veto Session