9/4/2020 Missouri Special Session Update SHARE: Join Our Email List Lathrop GPM Consulting LLC 314 East High Street Jefferson City, MO 65101 +1 573.893.4336 Visit our website Controversy Drives Senate to use Uncommon Procedural Motion to End Debate The Missouri Senate convened Wednesday morning, Sept. 2, taking up five bills passed last week by the House of Representatives during the Special Session on Violent Crime called by Governor Mike Parson (R). Controversy arose, however, on House Bill 2 (establishing provisions relating to the admissibility of certain witness statements) when an amendment to the bill was introduced by Sen. Bob Onder (R-Lake St. Louis) that would allow the Missouri Attorney General to intervene after 90 days in St. Louis City on murder cases if the local prosecutor chooses not to prosecute. A simple day in the Senate turned into hours of heated debate that didn’t end until 3:00 o’clock Thursday morning, as Senate Republicans used the PQ (the seldom-used call for the Previous Question) to end debate and pave the way for passage of HB 2 including Sen. Onder’s amendment language. Much of the floor debate pitted Sen. Onder versus Sen. Jamilah Nasheed (D-St. Louis) and Sen. Sen. Karla May (D-St. Louis), with Onder saying Circuit Attorney Kim Gardner was not effectively prosecuting murderers in St. Louis City, and Nasheed and May pushing back in support of Gardner. It is unknown how the House will react to the Senate’s amendment to HB 2. The House did not address the issue in late August during its floor action on the Governor’s call. The Senate did Truly Agree and Finally Pass two of the special session bills, sending them to the Governor’s desk for signing: House Bill 46 (modifying St. Louis City residency requirements on police and public safety personnel), and House Bill 66 (creating the “Pretrial Witness Protection Services Fund”). HB 2, as amended by the Senate, now returns to the House of Representatives, along with House Bill 11 (modifying the offense of endangering the welfare of a child in the first degree), and House Bill 16 (changing the offense of unlawful transfer of weapons to include a Class E felony for transferring a firearm to a minor for the purpose of avoiding, interfering with, or preventing an arrest, detention, or investigation). HB 2, HB 11, and HB 16, all amended by the Senate on Sept. 2, are expected to be on the House agenda soon. Currently, the House has scheduled a technical session on Sept. 9. The Senate is next scheduled to convene on Sept. 10. And, both the House and Senate https://myemail.constantcontact.com/Missouri-Special-Session-Update.html?soid=1129652874173&aid=gwhX9Zg2-9k 1/2 9/4/2020 Missouri Special Session Update are scheduled to meet for their annual Veto Session on Sept. 16, a session when legislation vetoed by the Governor this year may be reconsidered by legislators. This week, Senator Onder and several of his Republican colleagues engaged the call for the Previous Question, a tactic rarely used in the Senate due to the angst the procedure creates between senators of opposing political parties. According to Rule 84 of the Senate, the Previous Question must be admitted by written demand of five senators. In fact, 18 senators signed the PQ letter, and the motion to follow through with the PQ was approved on a floor vote of 22-8. After the Veto Session in mid-September, next up for the General Assembly is the possibility of another Special Session called by the Governor. It has been speculated that the Governor’s call may include a supplemental spending request for budget items related to the passage of a “pretrial witness protection program” and some additional COVID response items, and business liability issues created by the COVID-19 pandemic. The Missouri Business community continues to ask the Governor and the General Assembly to pass a measure that would provide legal relief for potential claims that arise during their business operations during the COVID-19 pandemic. Lathrop GPM Consulting LLC View as Webpage 314 E. High Street Jefferson City, MO 65101 T: +1 573.893.4336 Contact Us https://myemail.constantcontact.com/Missouri-Special-Session-Update.html?soid=1129652874173&aid=gwhX9Zg2-9k 2/2.