The Initiative Petition Process

By State Rep. Bennie Cook, Missouri's 143rd District
Posted 4/12/23

The Missouri House has approved legislation that would make statutory changes based on court precedent to the state’s initiative petition process. By a vote of 109-49, House members approved HB …

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The Initiative Petition Process

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The Missouri House has approved legislation that would make statutory changes based on court precedent to the state’s initiative petition process. By a vote of 109-49, House members approved HB 703 and sent it to the Senate, which is already considering a constitutional change to the initiative petition process that was approved by the House in early February.

One provision in the bill requires that petition circulators be citizens of the United States, residents of Missouri or physically present in Missouri for at least 30 consecutive days prior to the collection of signatures. It also prohibits them from being compensated based on the number of signatures collected.

The bill also clarifies that only Missouri registered voters have standing to bring suit to challenge an official ballot title or the determination of sufficiency.

Other provisions in the bill would provide standardization to the initiative petition process with the forms that are submitted to the Secretary of State, change the timeline for constitutional verification based on a Missouri Supreme Court decision, ensure voter signatures are only counted for what they actually sign, update the criminal codes, and delete a requirement that the Joint Committee on Legislative Research hold a hearing to take public comment on a proposed measure.

The bill now moves to the Senate for consideration.

Lawmakers Give Stamp of Approval to Bill to Simplify Gas Tax Refund Process Missourians seeking a refund for the increased gas tax they’re paying at the pump would have a simpler process under legislation approved this week by the House of Representatives. Lawmakers approved HB 519 by a vote of 100-40.

The legislation began as a proposal to change the refund filing so it coincides with the calendar year rather than the fiscal year, which would allow taxpayers to file their refund claim when they do their taxes. The bill was expanded on the House floor to include a provision that would allow taxpayers to choose a standard refund option on their tax return. The standard refund would be $30 for the 2023 tax year, $45 for the 2024 tax year, $60 for the 2025 tax year and $75 for the 2026 tax year and every year after.

The bill still allows for the existing receipt-based, itemized exemption and refund for those who elect to use it. The legislation also authorizes a taxpayer to donate the motor fuel tax refund to a tax-exempt nonprofit entity and allows vehicles licensed over 26,000 pounds to access the refund as well.

Another amendment on the House floor would further simplify the refund process by requiring the Department of Revenue to develop a mobile application that would allow a tax refund claim to be submitted on a person’s phone.

The legislation now moves to the Senate for consideration.

Other Bills Sent to the Senate

HB 576 creates the offense of interference with transportation of livestock. A person commits the offense if he or she knowingly stops, hinders, impedes, boards, or otherwise interferes with a motor vehicle transporting livestock; provokes or disturbs livestock confined in a motor vehicle; or puts a compound or substance on livestock that would affect the livestock’s marketability, affect animal or human health, or result in an unreasonable transportation delay. The offense of interference with transportation of livestock is a class E felony for the first offense and a class C felony for any subsequent offenses. Supporters say the bill would help deter animal rights activists, who protest the raising and processing of livestock for food. By interrupting the transport of livestock to the processing plant, protesters can cause the loss of processing time and the loss of the life of the animal. These protests are a public safety concern for the animals, the drivers of the livestock trailers, and the protesters, as well as interrupting the food supply and jeopardizing food safety.

HBs 178, 179 & 401 establishes the “Preserving Freedom from Unwarranted Surveillance Act”. The bill provides that no state agency or county or municipal law enforcement agency may use a drone or other unmanned aircraft, as defined in the bill, to gather evidence or other information pertaining to criminal conduct, except to the extent authorized in a warrant. A law enforcement agency may use a drone or unmanned aircraft in response to state, national, or local emergency situations, as described in the bill. The bill changes the offense of unlawful use of an unmanned aircraft over an open-air facility from an infraction to a class A misdemeanor. Supporters say the bill protects property rights. Property rights and ownership of land extends up to the sky above and down through the earth below. This bill protects the settled right of landowners to the air above their property. This bill is important for farmers to protect their lands. This bill also has important carve-outs for security purposes.