HCS HJR 91 -- INITIATIVE PETITIONS

SPONSOR: Eggleston

COMMITTEE ACTION: Voted "Do Pass with HCS" by the Standing Committee on Elections and Elected Officials by a vote of 9 to 4. Voted "Do Pass" by the Standing Committee on Rules- Administrative Oversight by a vote of 7 to 4.

The following is a summary of the House Committee Substitute for HJR 91.

Upon voter approval, this proposed Constitutional amendment would require the sponsor(s) of initiative petitions proposing Constitutional amendments or laws to collect signatures in every Congressional district. Sponsors seeking a Constitutional amendment must submit any approved petition to the General Assembly for consideration in a manner similar to a bill. The signature of the Governor is not required to place the proposed Constitutional amendment on the ballot. Amendments proposed by the initiative will take effect 30 days after the election at which they are approved.

If the General Assembly approves a petition without change, then the sponsor(s) may submit it to the Secretary of State to be placed on the ballot at the next general election. If the General Assembly amends, or does not pass a petition, then the sponsor(s) may decide whether to place the amended version or the original unamended version on the ballot at the next general election. In cases where the General Assembly has approved a petition or when its amended version is submitted, a simple majority vote is required for passage. If a version not approved by the General Assembly is submitted, then a two-thirds majority vote is required; however, initiative proposed amendments repealing existing Constitutional provisions in whole or in part, that were approved prior to December 8, 2022, shall require only a majority vote for passage. Time limits are specified in the amendment and sponsors will be able to submit petitions during either session of the General Assembly prior to the general election occurring every two years in November.

The substitute also defines legal voters to require registration, residency in Missouri, and citizenship in the United States.

The substitute contains ballot language submitted by the General Assembly.

This bill is similar to HCS HJR 22 (2021). The following is a summary of the public testimony from the committee hearing. The testimony was based on the introduced version of the bill.

PROPONENTS: Supporters say that the bill will allow necessary reform and repeal of existing obscure and outdated Constitutional provisions, while also ensuring that new fundamental laws have comprehensive support from the general public. Of those states that authorize the initiative, many make use of "indirect initiative petition" processes whereby the legislature has a role in refining proposed laws and amendments prior to their passage. This resolution makes use of this effective system.

Testifying for the bill were Representative Eggleston; and the Opportunity Solutions Project.

OPPONENTS: Those who oppose the bill say that it would impede signature collection for existing amendments without the addition of a delayed effective date and that there currently exists a process for public review of initiative proposed Constitutional amendments that is not implemented. The initiative process is a longstanding, fundamental right of all Missouri citizens and the use of proposed Constitutional amendments in recent years is a response to the general feeling that the people's will is ignored by the legislature. The initiative process is useful to avoid legislative gridlock and allow people a chance to shape the law.

Testifying against the bill were Elizabeth Franklin; Erin Gray; Jennifer Bernstein, National Council of Jewish Women St. Louis; Pro Choice Missouri; Sierra Club Missouri Chapter; Stephen W. Skrainka; Susan Gibson; Susan Lammert; Tom Ferri; Angela Glazebrook; United for Missouri; Cheri L Crockett; Debbie Crossnoe; Debra Coe; Denise D. Lieberman, Missouri Voter Protection Coalition; Don Crozier; Elaine Christie; Missouri AFL-CIO; James Coyne; Jenna Roberson; Joan Gentry; Kathleen Dolson; Kendra Varns Wallis, Missouri Parks Association; Loretta Fuge; Lori Staub; Advocates of Planned Parenthood of The St. Louis Region and Southwest Mo; Mary Nemecek, Burroughs Audubon Society of Greater Kansas City; Melissa Vatterott, Missouri Coalition for the Environment; Nancy Meier; Nancy Saccone; Nicole Cooper; Missouri NEA; Reverend Chelsey D Hillyer; Scott Randolph; Sue Ryle; Susan Lammert; Tom Ferri; Mallory Rusch, Empower Missouri; Aleta Lanier; Arnie C. Dienoff; Allyn Harris Dault; Emily Hornstra; Susan Gibson; Erin Gray; Jewish Community Relations Council; Cynthia Wegerer; Dawn Banks; Getta R. Hall; Laura Marcus Mountjoy; Valerie K Larm; Valerie K Larm; Clarisse Teepe-Fryrear; Daniel Curran; Dwight Rezny; Evelyn Maddox; Jacqueline Farr; James R Turner; Kane Sheek, Missouri Sierra Club; Paige Witek; Rebecca Smith; Tim Mobley; Angela Allen; Angie Dunlap, League of Women Voters of Metro St. Louis; Beth Franklin; Cheri L Crockett; Danielle Meert; Denise D. Lieberman, Missouri Voter Protection Coalition; Don Crozier; Ellen Wentz; Francine Glass; Joan Gentry; Linda Rezny; Lori Staub; Margaret Hefner; Mary C Primm; Mary L Gross; Michele Steinberg, Women S Voices Raised for Social Justice; Nancy Price; Nicole Cooper; Richard Egan; Sally Brooks; Scott Randolph; Sherry L Buchanan; Stephanie Todd; Stephen C Mann Sr; Stephen W. Skrainka; Stuart Francis Murphy; Susan Randolph; Trudy Marshall; Jobs with Justice Voter Action; Chloe Owens, Missouri Health Care for All; Darla Kos; Gregory Woodhams; Jamie Newsham; Janice Seele; Metropolitan Congregations United; Laura Gutierrez Perez; Luis Gutierrez; Margaret Phillips; Marilyn McLeod, League of Women Voters of Missouri; Rebecca Shaw; Russella Levin; and William John Nekola.

Written testimony has been submitted for this bill. The full written testimony can be found under Testimony on the bill page on the House website.