Legislative Update - May 7, 2021
Only one full week remains in the 2021 Regular Session for consideration of bills.
Today marks the deadline to complete the Fiscal Year 2022 budget. In accordance with Article III, section 25 of the Missouri Constitution, no appropriation bill can be taken up for consideration after 6:00 p.m. on the first Friday following the first Monday in May (May 7, 2021). House-Senate conference committees met on May 5, 2021, to reconcile those budget items on which the House and Senate differed. The conference committee reports and conference committee substitutes for the appropriations bills have been distributed in both chambers for their consideration today.
Each chamber will much of its time next week to conference committee reports and substitutes. Bills that began life with only one or two pages in their chamber of origin have become hundreds of pages long in the other chamber, with equally expansive titles. These expanded bills have been returning to their chamber of origin, where the members can refuse to concur in the changes and send the bill to a conference, composed of five senators and five representatives, for resolution of the differences. Once resolved, a conference committee will its report to each chamber for consideration and adoption.
In a typical year, the legislature will truly agree anywhere form one hundred to two hundred bills (out of more than two thousand). It is possible – and likely – that more than one hundred bills may be truly agreed during the next six legislative days. You may have noted a number of bills relating to your practice area this year. Even if they do not pass this session, many of them will be reintroduced next session.
A list of all bills in conference, including the appropriations bills, is available here.
As of Friday morning (5/7/2021), the General Assembly has truly agreed to and finally passed seventeen bills (including two appropriations bills), one joint resolution (a proposed constitutional amendment), and one concurrent resolution.
For a list of Truly Agreed To and Finally Passed Bills, click here.
To identify bills of interest in your practice area and see the latest legislative action on them, visit The Missouri Bar’s Legislative Engagement Center.
Senate Floor Action
Senate Committee Action
The Senate Judiciary and Civil and Criminal Jurisprudence Committee met on May 3, 2021, and took the following actions:
HCS HB 825 – Rep. Adam Schwadron (R – St. Charles) Do Pass (5 – 2)
HB 1242 – Rep. David Evans (R – West Plains) Do Pass (6 – 1)
A Senate committee substitute (“SCS”) was adopted. The committee substitute added language that would amend sections 431.201 and 431.202, RSMo, which was included in SB 181 (Senator Luetkemeyer). It would address covenants between business entities and employees to preserve workforce stability. The committee substitute also would add language included in SB 295 (Senator Crawford) to amend sections 436.700 and 507.184, RSMo, to create the “Missouri Statutory Thresholds for Settlements Involving Minors Act.” It would allow persons having legal custody over a minor to enter into settlement agreements with a person or entity against whom the minor had a claim. The substitute also included the language of Senator Luetkemeyer’s SB 338, relating to trusts, which contained a Bar-initiated legislative proposal relating to the distribution of income or principal from one trust to another trust, commonly referred to as “decanting.”
House Floor Action
House Committee Action
The House Committee on the Judiciary met May 6, 2021, in executive session and took action on the following:
SCS SB 91 – Senator Jeanie Riddle (R – Mokane)
As noted in last week’s Update, an extensive House committee substitute was adopted, which incorporated numerous provisions included in previously heard House bills. Among them were Raise the Age, municipal discovery, capital murder venue, evidence, courthouse control, and veterans court cost waiver in addition to the original SB 91 that would make changes to 566.150, to add athletic complexes and fields, and Missouri Department of Conservation nature centers and educational properties to the list of facilities from which registered sex offenders are prohibited.
On April 26, the committee voted to Do Pass a House committee substitute. On April 27, the bill was referred to Rules – Administrative Oversight Committee. On May 3, the Rules Committee postponed action on the bill. On May 5, the Rules Committee voted to return the bill to the committee of origin (Judiciary). On May 6, Judiciary voted to Do Pass an amended committee substitute.
SCR 6 – Senator Mike Moon (R – Ash Grove) Do Pass