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Week 10: Busy Week in House; Senate Distracted
The Missouri House of Representatives third read and passed 19 bills Thursday morning, sending the bills to the Senate, before adjourning for Spring Break. The General Assembly will return to the state capitol on Monday, March 21, with eight weeks remaining in the 2022 regular session, and seven weeks to pass the FY2023 state budget.

This week was highlighted by more grousing and debate between Senate members of the Conservative Caucus and others. A bill expanding the rights of sexual assault survivors, sponsored by Sen. Holly Thompson Rehder (R-Sikeston), was derailed Tuesday when an amendment was offered by Sen. Rick Brattin (R-Harrisonville) to charge school employees with misdemeanors who provide students with “obscene materials.” On Wednesday, led by Sen. Rehder, a group of 14 Republicans and eight Democrats, held a news conference saying they are tired of “non-controversial and necessary legislation” being stymied by “self-serving politicians.”

Ugliness continues, as the Missouri Congressional Redistricting Map continues to lie in wait for Senate action. This week a lawsuit was filed by Republican Paul Berry III, who is running in the 2nd Congressional District near St. Louis. Berry’s lawsuit seeks to block Secretary of State Jay Ashcroft from using the state’s current Congressional map in the 2022 statewide elections.

Because the General Assembly is not in session next week, Lathrop GPM Consulting’s next weekly report will be distributed on Friday, March 25. Stay safe, everyone!
 
OFFICE OF ADMINISTRATION COMMISSIONER RECEIVES SENATE APPROVAL
Among recent appointments by Governor Mike Parson (R), receiving unanimous Senate approval on March 10 is Kenneth Zellers, as the commissioner of the Office of Administration, effective Oct. 12, 2021. He was introduced at a March 9 Senate hearing by Sen. Andrew Koenig (R-Manchester). During brief questioning, Zellers told senators on the committee his major focus at OA has been on customer service, information technology, and teamwork. Early on, “I met with each one of our division directors and put together a list of what we are doing well and what we need to do better,” he said. Developing a plan to optimize leases of state-owned buildings and creating a robust diversity inclusion policy across the state are priorities, he said. Zellers is the former director of the Missouri Department of Revenue. He joined the DOR in September 2017 as chief operating officer. Before joining the DOR, Zellers held numerous senior roles at Anheuser-Busch InBev, including global quality director and several other positions. Zellers was born and raised in Missouri. He earned a bachelor’s degree in business administration from Missouri Baptist University in St. Louis. He was appointed as OA acting commissioner when former commissioner Sarah Steelman stepped down in October 2021.
 
STATE OF THE JUDICIARY SPEECH DELIVERED BY CHIEF JUSTICE PAUL WILSON
Chief Justice Paul C. Wilson of the Supreme Court of Missouri delivered his State of the Judiciary address on March 8 before a joint session of the Missouri General Assembly.
 
During his comments, he mentioned the 750,000 circuit court cases that were resolved last year in Missouri, the 350 trial judges, and more than 3,000 court clerks, bailiffs, court reporters, juvenile officers, juvenile detention officers, and other staff working in the court system. “They are the ones who kept the courts open through the pandemic,” he said. He thanked the General Assembly for cost-of-living increases that have been given to court employees but said more is needed to retain workers. “A market-based approach to compensation will give us a fighting chance to attract and keep expert staff in our courtrooms and courthouses.”
 
He said in the last four years, 40 percent of Missouri’s trial and appellate judges have been new to their positions. Some of those changes came as the result of local elections, but more than three-fourths of the new judges during the last four years – including 109 trial judges and 13 appellate judges – were appointed by the Governor either under Article IV, Section 4, or under the Missouri constitution’s nonpartisan court plan. Justice Wilson then introduced the newest member of the Supreme Court, Judge Robin Ransom, who was appointed last May by Governor Mike Parson.
 
Justice Wilson urged legislators to continue working on legislative protections for Missouri’s judges. Security in the 120 courthouses around the state has always been a priority, he noted. “Missouri judges have been harassed online and at home, they’ve been threatened, and they’ve had their personal information posted on the web,” he said. “Those of us in public service are increasingly vulnerable. As public servants, we know we are not – and should not be – immune from public scrutiny and criticism … it comes with the job. But none of us – or our families – should be put in harm’s way.” 
 
As for new court technology and online court proceedings allowed during the pandemic, Justice Wilson said “we’re excited by Governor Parson’s recommendations for broadband expansion around the state. Increased bandwidth, especially for our rural courthouses and the communities they serve, will help us better utilize online services to increase efficiency and access, making your courts more user-friendly for everyone.”
 
He closed the address, highlighting the need for drug treatment courts and more veterans’ courts and the importance of those courts to Missourians.
 
REGULATORY SANDBOX ACT
Senate Bill 1068 (Hoskins, R-Warrensburg) establishes the Regulatory Sandbox Act which creates a Regulatory Relief Office within the Department of Economic Development which would administer the provisions of the act for the purpose of identifying state laws or regulations that could potentially be waived or suspended for participating businesses during a two-year period in which the participating business demonstrates an innovative product offering to consumers. Hearing held March 8 in the Senate Small Business and Industry Committee. Groups including Cicero Action, Missouri Chamber of Commerce and Industry, and Greater Kansas City Chamber of Commerce testified in support of the bill. The Sierra Club opposed the bill stating the legislation could undermine environmental protections.
Committee Activity
House Bill 2510 (Simmons, R-Washington) The bill modifies the definitions for health care providers and physicians as it relates to the use of telemedicine in order to treat patients in this state by adding that the definition shall include those licensed by another state, a territory of the United States, or the District of Columbia. Hearing held March 7 in the House Health and Mental Health Policy Committee. Many committee members had questions regarding oversight of telemedicine as well as practitioners from out of state treating Missouri residents and possible legal action if needed. Testifying in support of the bill were Cicero Action, Opportunity Solutions Project, Teladoc and Blue Cross Blue Shield Kansas City. No testimony in opposition. Testifying for informational purposes was Campaign Life Missouri

House Bill 2564 (Riggs, R-Hannibal) The bill establishes the Twenty-First Century Technology Innovation Task force to maximize and expand existing industries that spur technological innovation throughout the state. Substitute language was adopted removing the authority of the Governor to form the committee to the Speaker of the House. On March 9 the House Rules-Legislative Oversight Committee held an executive session where HB 2564 was voted do pass by a vote of 9-0.

House Bill 2583 (Riggs, R-Hannibal) The bill establishes the "Missouri State Technology Task Force" to evaluate Missouri’s current use of technology, research and discover future uses for technology, and report to the General Assembly. Substitute language to provide clean-up language by removing the word “joint’. The House Rules-Legislative Oversight Committee held an executive session on March 9 where HB 2583 was voted do pass by a vote of 9-0.

House Joint Resolution 132 (Kidd, R-Buckner). Upon voter approval, this proposed constitutional amendment requires that any constitutional amendment must receive both a majority of statewide votes and a majority vote in more than one-half of the state’s House of Representative districts in order to become effective. These requirements would also apply to constitutional changes or amendments proposed during a constitutional convention held under Article XII, section 3(c) of the Constitution of Missouri. HJR 132 was voted “do pass” by the House Elections and Elected Officials Committee by a vote of 8-4 on March 9.

Senate Bill 697 (Gannon, R-DeSoto) The bill prohibits villages, towns, and cities from regulating dogs in a breed specific manner. The Senate Local Government and Elections Committee held an executive session on March 9 where Senate Committee Substitute for SB 697 was voted do pass by a vote of 7-0. The substitute changes the title of the bill from “dogs” to “animals” and makes the second week of March Pet Breeders Week.

Senate Bill 809 (Koenig, R-Manchester) The bill modifies regulations related to home-based businesses and the issuance of work certificates for individuals under the age of 18. Political subdivisions would be prohibited from enacting a zoning ordinance or regulation that prohibits or restricts home-based work. The legislation does not supersede HOA agreements. Koenig noted there could be a provision added to limit the square footage of a home-based business. The law requiring children under 18 to be issued a work certificate in order to be employed during the regular school year is repealed. The bill would also repeal the law requiring a work permit for children under the age of 16 to be employed in the entertainment industry. Hearing held March 8 in the Senate Small Business and Industry Committee. Opportunity Solutions Project testified in support of the bill noting a 20% increase in small home-based businesses since the onset of Covid. Missouri Municipal League testified in opposition referencing ongoing negotiations with the bill sponsor regarding a reasonable square footage restriction.
Floor Activity
House Bill 2694 (Hudson, R-Cape Fair) specifies that county assessors and the assessor of St. Louis City shall use the trade-in value published in the current or two previous years October issue of the National Automobile Dealers' Association Official Used Car Guide, or its successor publication, as the recommended guide of information for determining the lowest true value of motor vehicles described in such publication. The House perfected and printed HB 2694, as amended, on a voice vote on March 8. A floor amendment on the bill allows the assessor to assign any value that the assessor deems to be the true value, provided that such value is not greater than the current October issue of the National Automobile Dealers' Association Official Used Car Guide, or its successor publication, and such value is not less than the lowest value in the current or two previous years of such publication. For the purposes of this bill, in the absence of a listing for a particular motor vehicle, recreational vehicle, or agricultural equipment in such publication, excluding tangible personal property as described in certain sections of current law, the assessor may use such information or publications which in the assessor's judgment will fairly estimate the lowest true value in money of the motor vehicle, recreational vehicle, or agricultural equipment in the current year or two previous years. Another amendment was added regarding personal property tax as assessed and valued, shall not exceed the Consumer Price Index for All Urban Consumers (CPI-U). The CPI provisions of this subsection shall become effective Jan. 1, 2023. Another House vote is needed to send the bill to the Senate. Also, the bill has an emergency clause.
 
House Joint Resolution 91 (J. Eggleston, R-Maysville) was third read and passed by the House by a vote of 96-34 on March 10. HJR 91 now moves to the Senate. Upon voter approval, this proposed Constitutional amendment would require the sponsor(s) of initiative petitions proposing Constitutional amendments or laws to collect signatures in each of Missouri’s eight Congressional districts. After collecting signatures, hearings in the General Assembly would be held on the initiative petition proposal. Then, when placed on the statewide ballot, a two-thirds majority vote of the people is required for approval of a new amendment, or a majority vote is required to amend or to repeal Constitutional provisions enacted before Dec. 10, 2022. The bill specifies that the Constitutional phrase "legal voter" is defined as a person who is a U.S. citizen, a resident of Missouri, and who is properly registered to vote. The resolution has a delayed effective date of Jan. 1, 2023. 
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Upcoming Hearings
No hearings are scheduled next week due to the
previously scheduled Missouri Legislative Spring Break.
Lathrop GPM Consulting LLC
314 E. High Street
Jefferson City, MO 65101
T: +1 573.469.4172