February 26, 2024 Capitol Report
Everyone was surprised last week when a non-controversial bill was defeated on the floor. HB 1886 had a variety of bills that had been drafted by the non-partisan Uniform Laws Commission, along with other issues that had passed on the floor before and were not issues raised in perfection or in committee. Several Democrats spoke about things that were not in the bill, such as care of our foster youth. On Thursday, the House voted to send the bill back to committee.
Eight weeks into session, the Senate continues its pattern of filibustering while the House spends no more than 2 hours in floor debate each day. Both chambers passed a version of Initiative Petition reform this week--SS No. 4 for SCS for SJRs 74, 48, 59, 61, and 83 in the Senate, and HCS HB 1749 in the House. These bills are different enough that it is not clear yet whether either will pass. No Democrat voted in favor of either bill.
Support for our Military
The mood on the floor this week was solemn while we discussed HB 1495, a consent bill that provides support for veterans. We discussed the important work our military men and women do and how we need to do more to prevent veterans' suicides. I was proud that the bill passed out of the House unanimously.
Last week we also welcomed Naval officers from the USS Jefferson City, which is stationed off the tip of Guam. It was an honor to have them visit our state capitol.
I was reminded of the importance of a well-trained and well-resourced military to act in our national defense as I read about attacks to Change Healthcare, which processes commercial prescriptions. This outage impacted all military pharmacies as well as civilian pharmacies nationwide, and it is believed that the attack was from a foreign adversary.
Visitors from the USS Jefferson City with Representatives Griffith and Unsicker.
Bill Filing
Last week I filed HB 2758, modifying abortion laws in Missouri.
HB 2758 aims to update the definition of "viable pregnancy." Currently, it only includes the first trimester and pregnancies potentially leading to live births. The proposed change would define a "viable pregnancy" as one where the fetus can survive after delivery without life support systems.
The legislation would repeal several provisions and restrictions regarding abortions in the state, restoring access to abortion until the viability of the pregnancy, as defined by the changed definition included in the legislation.
The bill eliminates the provision that, except in cases of medical emergency, abortion of a viable pregnancy is permissible only when necessary to preserve the life of the pregnant woman. Additionally, the mandatory 72-hour waiting period would also be removed under the proposed changes.
The bill introduces a penalty provision for violating the proposed provisions related to abortions conducted solely for the purpose of harvesting, transplantation, or experimentation of tissue, organs, and/or the aborted fetus or child. Such a violation would be classified as a class B felony.
"With this legislation, we can work toward fostering a healthcare landscape where compassion and choice prevail. This bill is about empowering individuals to make informed decisions about their reproductive health,” Unsicker said. “Together, we can build a future where every Missourian can access the care they need without fear or undue restrictions, fostering a society that prioritizes the well-being and autonomy of its residents."
National Guard Deployment
On February 20, Governor Parson issued an Executive Order directing the Missouri National Guard and the Missouri State Highway Patrol to assist the state of Texas pursuant to the Emergency Management Assistance Compact. This Executive Order declares a State of Emergency in the State of Missouri, which "is limited solely to providing resources in support of securing the Texas/Mexico border." Missouri will begin supplementing resources and capabilities to the Texas/Mexico border beginning on March 1, 2024.
Elections
Filing for office in Missouri begins on Tuesday, February 27, and runs through March 26. Candidates cannot be delinquent on taxes and must pay a filing fee to their political party.
Bills
I have filed the following bills this year:
HB 1839 - Renames Confederate Memorial State Historic Site
HB 1840 - Creates an Office of Inspector General within the Department of Social Services
HB 1841 - Allows the Department of Labor and the Attorney General to investigate and prosecute wage theft
HB 1842 - Replaces old statutory references to the Uniform Child Custody Jurisdiction Act
HB 1843 - Adds tobacco products and vapor products to the "drug-free schools act"
HB 1844 - establishes protections for immigrants who are in rental housing
HB 1845 - Requires a Certificate of Value be filed when real property is transferred
HB 1846 - Abolishes the Death Penalty
HB 1994 - Establishes the Missouri Bureau of Investigation under the Office of Attorney General
HB 2698 - Establishes a system for reporting when a government official provides misleading information.
HB 2758 - related to abortion restrictions
The deadline for filing bills this year is March 1. As of February 19, there have been 1,530 bills filed in the House; 11 have been sent to the Senate.
Administrative Rules
One often-overlooked part of state government is Administrative Rules, which lay out the nuts and bolts of how the government follows the rules.
EMERGENCY RULES go into effect immediately and then open up for comment (as opposed to the normal administrative process, which takes more time.) Among the emergency rules currently in effect (archive link of February 25, 2024) were rules related to the registration of foreign-owned agricultural land. These relate to Governor Parson's Executive Order limiting the sale of foreign land near military bases, and restrict sales to individuals who are citizens or corporations of certain countries. The countries are designated by a regulation issued on the last day of Donald Trump's administration from the Office of the Secretary of Commerce.
The March 1, 2024 Missouri Register proposes rule changes for the following Departments:
Missouri Agricultural and Small Business Development Authority (329)
Department of Elementary and Secondary Education
Division of Learning Services (336)
Director of Revenue (340)
Children’s Division (353)
MO HealthNet Division (358)
The Public School Retirement System of Missouri (359)
Department of Commerce and Insurance
State Board of Registration for the Healing Arts (360) (relating to collaborative practice agreements)
State Board of Nursing (363) (relating to collaborative practice agreements)
Office of Tattooing, Body Piercing, and Branding (366)
Missouri Veterinary Medical Board (366)
I looked briefly at rules from the Department of Social Services: Children's Division. They replace, in their entirety, the following rules:
12 CSR 10-400.200: Special Needs Adoption Tax Credit (replaced with 12 CSR 10-2.740, Adoption Tax Credit, beginning on page 21 of the PDF Missouri Register for March 1)
13 CSR 35-60.050: Care of Children, relating to the quality of care provided by foster parents (replaced beginning on page 30 of the PDF Missouri Register for March 1)
13 CSR 35-71.020: Licensing Procedures for Residential Facilities (replaced beginning on page 32 of the PDF Missouri Register for March 1)
Administrative rules govern much of the day-to-day workings of the state government. The legislature writes the laws - the basic framework. The administrative departments write the rules about how these laws are implemented.
Just like with the legislature, there is the opportunity for testimony on these rules. Usually, there is not a public hearing, but anyone can submit written testimony.
The Secretary of State’s Website has the Administrative Rules, as well as a listing of Emergency Rules and the Missouri Register, which contains proposed changes.
You can also sign up to be informed of administrative changes for specific issues.