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Capitol Update: June 2, 2023 | End of Session Report

By Missouri REALTOR Party posted 06-02-2023 07:47 AM

  

Missouri REALTORS®,

Following the recent conclusion of the 102nd General Assembly, I’ve provided important highlights on the session's legislative points of interest. Additionally, I’m confident many of you have read articles in the media about the last week of the Session and the action, or lack of action, in the Missouri Senate. Believe me. It was worse than reported.

OUR ISSUES:

Prohibition of eviction moratoriums.
These bills prohibit a county, municipality, or other political subdivision from imposing or enforcing a moratorium on eviction proceedings unless specifically authorized by state law. Three bills were filed:

HB 730: Rep. Chris Brown
SB 222: Senator Curtis Trent
SB 239: Senator Andrew Koenig

Both HB 730 and SB 222 passed their original body in ample time to be considered by the other chamber. SB 222 picked up seventeen amendments in the House, including a couple from House Leadership. It arrived back in the Senate on April 27th and, on May 1st, went to conference. The first conference report was completed on May 4. Still, almost immediately after that, the Auditor requested additional language. The Conference Committee then had to go back and obtain permission to exceed the differences so that language could be added. At that time, we were finalized and ready to go, needing approximately 10 minutes to make motions in the Senate and House, but the Senate was totally deadlocked, so it died.

We have already spoken to the House and Senate sponsors, and they are both committed to reintroducing the issue next year.

Expansion of land banks statewide. 
Representative Bill Owen has introduced several bills dealing with land banks. His first, introduced two years ago, was HB 563, which provided authority for Springfield to create a land bank. In 2022, he introduced HB 2177, which expanded the authority to any city of more than 1,500 inhabitants. The current bill, HB 587, expands on HB 2177 and introduces the use of judicial foreclosure for certain distressed properties.

A land bank exists to take vacant, significantly distressed property and find a buyer who is willing to make the effort to return that property to productive use. Typically, the property is acquired as a result of a tax sale. This legislation introduces a new tool that helps make those properties more desirable. It provides for a judicial foreclosure system, applicable to only those properties, which gives the purchaser a clear title with no encumbrances. Currently, tax sales as such only clear the tax debt and leave the property still encumbered with other possible claims.

These bills have always had problems in the Senate. This year was no exception. We made excellent progress in modifying the language to accommodate the concerns of several of the Senators, and the bill was sitting on the House Bills for Third Reading Calendar in the Senate (one of the final steps in the legislative process) when the Senate ended the session amid a protracted filibuster.

Missouri Nondiscrimination Act (MONA).
The Senate Committee on General Laws held a hearing on MONA on March 29, 2023. Missouri REALTORS® testified in support, as did the Kansas City Chamber of Commerce, the National Association of Social Workers, the City of St. Louis, ACLU, Missouri NEA, PROMO, and many other groups and individuals. There was opposition testimony from the Missouri Baptist Convention, Associated Industries, and the Missouri Catholic Conference. No further action was taken on the bill. 

Initiative Petition Reform.
Missouri REALTORS® position on this issue was reasonably direct. We supported the status quo and would only consider changes that were “measured and minimal.” At the request of the Speaker of the House, Rep. Dean Plocher, the Missouri REALTORS® Leadership Team met to consider several proposed modifications to the proposal. After considerable discussion, they agreed that for this year, a proposal that increased the requirement to pass a constitutional amendment to 54% would be considered a “measured and minimal” change based on a review of other proposals that were before the General Assembly. If it were passed, we would not oppose it on the ballot. Regrettably, the Missouri Senate disagreed.

The initial resolution they passed and sent back to the House was deeply flawed. It required a vote of 57% to approve a constitutional amendment. Alternatively, it had to achieve a majority vote in the state and five of the eight congressional districts. The latter proposal likely violates provisions of the United States Constitution.

In the end, none of this mattered because of the Senate filibuster. The conference committee report on HJR 43 was not taken up, and the issue died; it will likely return next session.

Prohibition of the sale of agricultural land to non-resident aliens.
There were likely more versions of this issue filed than any other. Missouri REALTORS® position is clear; we “oppose the government placing limits and conditions of the private sale of real property”. The bill that came from the House, HB 903, prohibited ownership of agricultural land by a foreign entity but made allowances for use and ownership for nonfarming purposes.

Again, the conference report was not taken up because of the Senate filibuster, so the issue died this session.

Listed below are the bills discussed in this report. To review the history and all bill language, you should control/click on the bill number, and it will take you to the state website.

HB587 - Modifies provisions relating to land bank agencies and the collection of delinquent property taxes

Sponsor
Rep. Bill Owen (R)
___

HB730 - Establishes provisions relating to property rights

Sponsor
Rep. Chris Brown (R)
___

HB903 - Changes the laws regarding the foreign ownership of real property

Sponsor
Rep. Mike Haffner (R)
___

HJR43 - Modifies provisions for Constitutional Amendments

Sponsor
Rep. Mike Henderson (R)
___

SB60 - Prohibits discrimination based on sexual orientation or gender identity

Sponsor
Sen. Greg Razer (D)
___

SB222 - Modifies provisions relating to political subdivisions

Sponsor

Sen. Curtis Trent (R)
___

SB239 - Establishes provisions relating to moratoriums on eviction proceedings

Sponsor
Sen. Andrew Koenig (R)
___

Missouri REALTORS® received a deal of positive press because of our position against broad changes to the Initiative process. Below are several representative articles, thanks to Scott Charton, our press consultant, for putting these together.

COVERAGE AND COMMENTARY:

Below are selected links to 2023 legislative news coverage and commentary about proposals to weaken Missourians' initiative petition power:

Commentary, The Kansas City Star | November 21, 2022:
"Any significant change to Missouri’s initiative petition process is antidemocratic. It thwarts progress and the will of the people. It must be resisted by voters next year."

MO Republicans want ballot initiative petitions restricted | The Kansas City Star

Missouri Independent | January 8:
"The Missouri Association of Realtors, an organization that spent millions in recent years on two successful initiative petition campaigns, is warning lawmakers it will oppose anything more than tinkering with the way the constitution is amended by voters.

During testimony Tuesday before the House Elections and Elected Officials Committee, Sam Licklider, lobbyist for the realtors, reminded lawmakers that his organization has members in every legislative district of the state.

Any changes that need to be made should be measured and minimal,” Licklider said during testimony Tuesday. “If it goes overboard we will be prepared to take such measures as may be required.”

Missouri realtors vow to fight GOP push to make it harder to amend state constitution • Missouri Independent

Commentary, Missouri Independent | January 20:
"For over a century, Show-Me-State voters have had the ability to amend the constitution by ballot initiative and simple majority vote. As a conservative, I take pride in the fact that our state’s forefathers had the foresight and humility to provide the people with a mechanism against political tyranny. Today that check is being threatened. Missouri lawmakers have introduced a slew of bills aimed at restricting voters’ ability to directly amend our state’s constitution."

Missouri voters won't fall for the ballot initiative power grab • Missouri Independent

Springfield News-Leader | February 2:
"JEFFERSON CITY — The Missouri House passed a measure Thursday that would ask voters to make it harder to amend the state constitution.

House Joint Resolution 43, sponsored by Speaker Pro Tem Mike Henderson of Bonne Terre, would require future constitutional amendments on the ballot to receive 60% of votes in favor to pass. Under current law, a simple majority — more "yes" votes than "no" votes — is required for approval."

MO House approves plan making it harder to pass ballot measures

Missouri Independent | February 3:
"The Missouri House passed legislation this week aimed at making it harder to amend the state constitution through the initiative petition process. The Republican-backed bill would increase the threshold needed for voter approval of a proposed constitutional amendment from a simple majority to 60%.

But the change needs voter approval, and the first bullet point in the summary crafted by Republican lawmakers that would be placed on the statewide ballot doesn’t mention initiative petitions at all. Instead, it asks Missourians whether the constitution should be amended to “allow only citizens of the United States to qualify as legal voters.

That one-line dominated House debate this week."

‘Ballot candy?’ Missouri GOP adds citizen-only voting into initiative petition changes • Missouri Independent

Missouri Independent | February 14:
"A top Republican priority – making it harder to amend the Missouri Constitution by initiative petition – is in the best position to be this year’s first bill to pass through both legislative chambers.

On Monday, the Senate Local Government and Elections Committee heard testimony on the House-passed measure that would increase the threshold needed for voter approval of a proposed constitutional amendment from a simple majority to 60%."

GOP fast tracks bill making it harder to amend Missouri Constitution by initiative petition • Missouri Independent

Commentary, Missouri Independent | April 19:
"The initiative petition process, used by Missourians to independently check special interests and bring issues to the voters for 115 years, is under attack by our Missouri Legislature.

The supermajority in the legislature, with no counterbalancing weight within their chambers, is leading the charge to undermine the initiative petition process. To carry out their scheme, politicians and lobbyists are using misleading wording to convince Missouri voters to curtail their voices."

Missouri's initiative petition process is at risk • Missouri Independent

Commentary, The Joplin Globe | April 29:
"We implore Missouri lawmakers once again to leave the state’s initiative petition process alone."

Our view: Don't hijack rights of Missourians

Kansas City Star | May 8:
"The Missouri General Assembly heads into the final week of its annual session with Republicans still intent on approving restrictions that make it more difficult for voters to change the state constitution. But a major first-in-the-nation proposal under consideration could violate the U.S. Constitution, some legal experts and lawmakers say."

Read more at: MO Senate initiative petition plan could face legal trouble | The Kansas City Star

As always, thank you for your unwavering support during this session. For questions, please contact Erin Hervey, Vice President of Government Affairs and Local Board Relations, at (573) 445-8400 ext. 1110 or erin@morealtor.com.

Sincerely,

Sam Licklider
Chief Lobbyist, Missouri REALTORS®

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