FIRST REGULAR SESSION

HOUSE JOINT RESOLUTION NO. 90 103RD GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE HARBISON.

2902H.02I JOSEPH ENGLER, Chief Clerk

JOINT RESOLUTION Submitting to the qualified voters of Missouri an amendment repealing Sections 40(a) and 40 (b) of Article IV of the Constitution of Missouri, and adopting one new section in lieu thereof relating to the conservation commission.

Be it resolved by the House of Representatives, the Senate concurring therein:

That at the next general election to be held in the state of Missouri, on Tuesday next 2 following the first Monday in November, 2026, or at a special election to be called by the 3 governor for that purpose, there is hereby submitted to the qualified voters of this state, for 4 adoption or rejection, the following amendment to Article IV of the Constitution of the state 5 of Missouri: Section A. Sections 40(a) and 40(b), Article IV, Constitution of Missouri, are 2 repealed and one new section adopted in lieu thereof, to be known as Section 40(a), to read as 3 follows: Section 40(a). 1. The control, management, restoration, conservation and regulation 2 of the bird, fish, game, forestry and all wildlife resources of the state, including hatcheries, 3 sanctuaries, refuges, reservations and all other property owned, acquired or used for such 4 purposes and the acquisition and establishment thereof, and the administration of all laws 5 pertaining thereto, shall be vested in a conservation commission [consisting] elected as 6 provided in this section. 7 2. Until the election of eight members under subsection 3 of this section, the 8 commission shall consist of four members appointed by the governor, by and with the advice

EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HJR 90 2

9 and consent of the senate, not more than two of whom shall be of the same political party. 10 The members shall have knowledge of and interest in wildlife conservation. The members 11 shall hold office for terms of six years beginning on the first day of July of consecutive odd 12 years. Two of the terms shall be concurrent; one shall begin two years before and one two 13 years after the concurrent terms. 14 3. (1) Beginning on January 1, 2029, members of the conservation commission 15 shall be elected as provided in this subsection. Commission members shall be 16 nonpartisan and shall have knowledge of and interest in wildlife conservation. 17 (2) (a) The conservation commission shall consist of eight members. Such 18 members shall be elected on the state general election day, as defined by state law, 19 immediately preceding the members' terms. Such members shall represent the 20 congressional districts as such districts exist on January 1, 2027. Each member shall 21 represent one congressional district, reside in such district, and be elected by the 22 qualified voters residing in such district. Elections for such members shall be conducted 23 as provided by law. 24 (b) The members initially elected under this subsection shall be elected on the 25 general election day in November 2028. The members representing the first, second, 26 and seventh districts shall serve an initial term of two years; the members representing 27 the third, fourth, and fifth districts shall serve an initial term of four years; and the 28 members representing the sixth and eighth districts shall serve an initial term of six 29 years. 30 (c) After the expiration of an initial term as provided in this subsection, each 31 commissioner shall serve a term of six years until a successor is elected or appointed and 32 qualified. 33 (3) Except in the case of an appointment by the governor to fill a vacancy, each 34 member shall take office on January first of the year following the member's election. 35 (4) If any member's office becomes vacant for any reason, the governor shall 36 appoint a member to fill the vacancy for the remainder of the unexpired term. If the 37 governor fails to fill a vacancy within thirty days, the remaining members shall fill the 38 vacancy for the unexpired term. 39 4. The members shall receive no salary or other compensation for their services as 40 members, but shall receive their necessary traveling and other expenses incurred while 41 actually engaged in the discharge of their official duties. HJR 90 3

[Section 40(b). The members of the present conservation commission 2 shall serve out the terms for which they were appointed, with all their powers 3 and duties.]