House passes initiative petition reform

By State Rep. Bennie Cook, Missouri's 143rd District
Posted 3/6/24

This week, the Missouri House passed HB 1749, proposing significant changes to the state’s initiative petition (IP) and referendum process. The legislation aims to amend the Constitution by …

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House passes initiative petition reform

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This week, the Missouri House passed HB 1749, proposing significant changes to the state’s initiative petition (IP) and referendum process. The legislation aims to amend the Constitution by introducing specific formatting standards and imposing new requirements for U.S. citizenship or Missouri residency for petition circulators.

Key provisions of the bill include setting deadlines for challenges to ballot titles, establishing a residency requirement for paid signature gatherers, and limiting participation to Missouri residents or those residing in the state for at least 30 days. Notably, the legislation also prohibits payment to signature gatherers on a per-signature basis.

In an effort to enhance efficiency and integrity, HB 1749 seeks to revolutionize the state’s IP process by standardizing approval procedures. Here is a breakdown of some of the components of the bill:

Standardized Petition Signature Pages: The bill mandates that initiative and referendum petition signature pages be printed on a specified form determined by the Secretary of State. These forms must be available electronically, and signatures must be recorded using black or dark ink.

Circulator Requirements: Petition circulators must be U.S. citizens, residents of Missouri, or physically present in the state for at least 30 consecutive days before collecting signatures. Additionally, they are prohibited from receiving compensation based on the number of signatures collected.

Federal Law Limitation: No petition is allowed to claim the nullification or amendment of Federal law.

Adjudication Timing: Final adjudication on challenges to the official ballot title or fiscal note must occur less than eight weeks before the scheduled election.

Review by State Officials: The Secretary of State and Attorney General are tasked with reviewing petitions for compliance with specific statutes, the Missouri Constitution, and the U.S. Constitution.

Voter Challenge Eligibility: Only registered voters in Missouri are permitted to challenge the official ballot title or fiscal note.

Advance Submission of Sample Sheets: Initiative and referendum petition sample sheets must be submitted to the Secretary of State six months prior to the upcoming general election.

Invalidation of Signatures: If a court substantially alters the content of the official ballot title, all signatures collected before such changes are invalidated.

Repeal of Hearing Requirement: The bill repeals the requirement for the Joint Committee on Legislative Research to hold a hearing on proposed measures within 30 days of petition certification.

With a vote of 104-41, the bill now proceeds to the Missouri Senate for consideration.

Two For One: Eliminating Rules to Pass New Ones

HB 2197 and HB 1961 aim to implement a regulatory reform by prohibiting a proposed rule by a department, agency, commission, or board from becoming effective unless the entity proposing the rule simultaneously repeals at least two existing rules. The primary objective is to reduce the impact of overly burdensome or outdated regulations, promoting efficiency and cutting down on bureaucratic red tape within the government. The bills seek to streamline the regulatory framework by ensuring that for each new rule introduced, there is a concurrent elimination of two existing rules, fostering a more concise and effective regulatory environment. The bills, presented and discussed in the Committee on Economic Development passed out this past week and now head to the House floor for consideration.

Expanding the Food Pantry Tax Credit

Missouri House members are contemplating a boost to the state’s benevolent tax credits, particularly focusing on the food pantry tax credit. The sponsor of HB 1730 emphasized the program’s success, which has surpassed its $1.75 million cap in recent years. Existing since 2013, the tax credit allows Missouri taxpayers to deduct half of their donations to food pantries, soup kitchens, or homeless shelters from their state taxes. House Bill 1730 proposes raising the annual cap to $3 million and extending the expiration date from the end of 2026 to the end of 2030, addressing concerns about donors facing penalties for exceeding the current limit.

Transparency in Hospital Pricing

A proposed bill, HB 1837, seeks to enhance transparency in hospital pricing to protect Missouri citizens from potential overcharging.

Since January 2021, hospitals have been mandated by the federal government to transparently post prices online for medical services to facilitate consumer choice. However, a recent study reveals that only 36 percent of hospitals are fully compliant with this regulation. In Missouri, over 20 hospitals reviewed are also found to be non-compliant, lacking a real incentive to adhere to the requirement.

HB 1837 aims to protect patients by ensuring accurate listing of costs, allowing recovery of additional charges, and providing the option to file a lawsuit if a hospital violates regulations. During a pending lawsuit, the hospital is barred from taking collection actions. Non-compliant hospitals, as per Centers for Medicare and Medicaid Services standards, must refund paid debts, pay a penalty equal to the total debt, dismiss court actions, cover attorney fees and court costs, and remove credit-related reports to consumer reporting agencies.

The bill has advanced from the House Committee on General Laws and awaits further approval before reaching the House chamber.

Visiting the Capitol

If you are planning a trip to your Missouri State Capitol and would like assistance with a tour please contact my office at 573-751-2264 or email me at bennie.cook@house.mo.gov