As the end of the legislative session looms over Missouri lawmakers, many are noting a toxic environment in the Capitol as they anxiously wait to see whether their bills will become law.
Prior to the 2022 session, legislators in both chambers vowed to hustle to pass a supplemental budget and next year’s budget, and approve new congressional district maps, alongside their annual list of legislative priorities.
But, as of Thursday, they had passed only one bill — the supplemental budget.
“The environment is tenuous here,” said Sen. Mike Bernskoetter, R-Jefferson City. “There has been such a dysfunctional daily environment for so long that every day, people seem to be waiting to see which of the usual suspects is going to filibuster and for what reason.”
Bernskoetter pointed to a filibuster on a substitute for one of his bills that took several hours of Senate time Wednesday, “even though it mostly contained language that had already passed out of the Senate,” he said.
“It’s unlike anything I’ve ever seen in this building,” said Bernskoetter, who had been a member of the House for eight years before joining the Senate about four years ago. “It makes it difficult to get anything done.”
Bernskoetter said legislators are always aware of the last day of session and everyone tends to get more motivated to push their bills through the process, but that rush has been compounded this year by Senate filibustering.
“I think at this time of the year we are keenly aware of the lack of time to move legislation through the process,” said Rep. Dave Griffith, R-Jefferson City. “And given the atmosphere in the Senate, I have concern that (not) much is going to get passed.”
The House continues to do its work every day, he said — hearing, perfecting and passing bills on to the state Senate, whose current demeanor is a topic of concern for many.
It’s like “getting all dressed up with nowhere to go,” said Rep. Rudy Veit, R-Wardsville. “If the Senate just stays in the mode they’re in now, what they’re going to pass is anybody’s guess.”
The Senate sent 69 bills to the House last year. The House sent 179 to the Senate. (Several from each chamber were omnibus bills, meaning they incorporated numerous smaller bills.) Data was available at www.senate.mo.gov and www.house.mo.gov.
In 2022, House members had passed 112 bills to their colleagues in the other chamber, as of Friday. The Senate has perfected 31 bills to send to the House.
“We are in hopes that these will cross the finish line, but as (the close of) session draws near I am less optimistic,” Griffith said, acknowledging there will be fewer bills crossing the “finish line” this year than in previous sessions.
“This being election year, there’s a lot more grandstanding going on,” Veit said. “The controversial bills are taking the wind out of sails for the rest of the bills.”
Two major priorities still remain incomplete in the Legislature — redistricting and next year’s budget.
“The frustrating thing for me is that we have done our work in the House, and the Senate hasn’t,” Griffith said. “Typically, when we disagree on a bill, we take it to conference, but the Senate has refused to discuss redistricting maps in conference. It is my hope that they will move quickly on the budget and get it back to us for final passing.”
Bernskoetter said the number of bills that have been passed by the Legislature seem to be low all around, particularly for the Senate.
He said congressional redistricting and the state budget have ramped up pressure within the chamber, but he’s not hopeful for the end of session.
“We typically do not accomplish much in the Senate the last few days of session,” Bernskoetter said. “Whereas the House typically has a flurry of activity at the end of session.”
And time is fleeting.
There are fewer than four weeks left in the session, Rep. Willard Haley, R-Eldon, pointed out.
“We know our time is extremely limited,” he continued. “I am very concerned the Senate will not have time to take up and pass these bills.”
And lawmakers understand they will likely have to attach some of their suggested changes to laws to omnibus bills to get them passed.
“After spring break, if legislation has not passed the House and been sent to the Senate, legislators are encouraged to begin filing their legislation as amendments on other House and Senate bills that are moving through the process,” said Rep. Sara Walsh, R-Ashland. “It’s not really (too difficult) as long as there is a bill moving that is the same topic as the bill the legislator is advocating for.”
Attaching legislation to other bills has been common practice during Bernskoetter’s time in the Senate.
He carried a bill last year focused on anhydrous ammonia that came back from the House as a small agriculture omnibus with more than 10 house bills added on.
Bills can be combined by the committee that hears the bills, in a committee substitute or by amendment on the floor.
Bernskoetter has utilized all three methods this session, he said. He has attached legislation to bills offered by other members and has had legislation attached to his bills.
This year, Bernskoetter’s Senate Bill 664, which would remove the eligibility of parole for people under 18 who commit second-degree murder, was attached to a larger crime bill in the Senate judiciary committee. Another bill of his, SB 751, that would restrict people found guilty of possession of child pornography from accessing parks, swimming pools and schools, was attached to SB 775, an omnibus bill dealing with victims and sex offenses.
“At this time, I’m not sure that I will attach more legislation to other bills,” Bernskoetter said. “It depends whether a bill comes up that is closely related to the title and original intent of one of my other bills.”
The rush makes it difficult to get ideas attached to legislation, Haley said.
“I am only completing my second session, but we worked long hours at the end of the session last May,” he said. “I expect it to be even longer days this year as we try to get as much good legislation as possible across the finish line.”
Griffith said Tuesday he attached his Organ Donor Bill (HB 2680) to a larger bill. HB 2680 would allow organs that are found to be unsuitable for transplant to be used for scientific or medical research. It would also expand what organizations may procure organs. It would expand what sources may contribute to the Organ Donor Program Fund. It supports expansion of organ-donation programs.
He successfully amended it to HB 2331, which has developed into a health care omnibus bill.
“I am looking at all bills moving through the House to do the same thing with all my bills,” Griffith said.
Griffith recently offered HB 2443, which would modify how “heritage value” is calculated for some properties deemed unsafe.
Heritage value is the value assigned to any real property that has been owned within the same family for 50 or more years. By state law, heritage value is fair market value plus 50 percent.
Jefferson City finds itself in a pickle over the value of 14 homes Barbara Buescher owns, and which it has deemed dangerous and unsafe for human habitation.
The city is in an ongoing conflict with Buescher, and recently seized the properties. Should the city be forced to demolish or repair the buildings, Buescher would be responsible for repaying the cost to abate the nuisances or liens would be placed against the properties’ value.
However, the city is concerned the value of the dilapidated properties is overinflated because they’ve been in her family’s possession for 50 years or more. Under state law, assessments must include “heritage value,” which adds 50 percent to assessed values if properties are owned be a family for more than 50 years.
Since they reprsent Jefferson City in the Legislature, Griffith and Bernskoetter have each introduced legislation eliminating the heritage value requirement if properties are deemed
dangerous.
Griffith recently said having the end of session so close, he’ll be searching for bills to which he may attach HB 2443. He said he’s been in the House almost four years, and has never had to find bills onto which he must attach his legislation — until now.
He’s looking for rides for a bill that requires due diligence in foster care family searches, a bill that offers veterans personal property exemptions under certain circumstances and a bill that creates a bi-weekly pay schedule for state employees.
“Just trying to find the right bill can be a challenge — and that’s why you have to pay close attention to what legislation is on the perfection calendar, so it meets that criteria,” Griffith said.
His first step, once he finds a potential ride, is to speak with the bill sponsor. If the sponsor approves, he’ll file an amendment with the House clerk.
Walsh said she added a piece of her proposed legislation, HB 1593, that would establish Born Alive Abortion Survivors Protection Act, to Rep. Hannah Kelly’s, R-Mountain Grove, legislation, House Bill 2012 which has been passed to the Senate.
Walsh is running for the District 4 congressional seat, which U.S. Rep. Vicky Hartzler is vacating. However, if the Senate-approved redistricting map goes through, she would end up in District 3 and would have to run against incumbent U.S. Rep. Blaine Luetkemeyer.
As far as congressional redistricting is concerned, Walsh is “working to ensure Boone, Cooper and Moniteau counties remain in (District) 4 as my constituents in those counties have expressed concern with the Senate’s proposal of drawing them into (District) 3 where the voting base would be St. Charles and it would dilute the rural voice,” she said.
“I don’t see anything happening unless they just dropped something last minute,” Veit said regarding congressional redistricting.
“That is just such a disappointment, because we should have just looked at the districts as: how do we get one man one vote equality, protect certain rights, conflict of interest, contiguous and compact, and made that as our goal,” he said. “But instead, the goal has been about, one, is how can we get more Republicans, how can we get more Democrats and … the real issue has been how we can draw districts for certain people to get elected in new districts.”