Ingrid Burnett: Missouri House Republicans advance constitutional ban on abortion

(From Ingrid Burnett, D-Kansas City)

After a short week last week to observe Easter Monday, the Missouri House will be convening another short week to observe Eclipse Monday. I’m not sure of the reasoning behind this decision, but part of Missouri will be in what is referred to as the “path of totality” in the Southeastern bootheel. Maybe to balance out a secular holiday with a non-secular holiday, but the tourism should bring a perk to the area, though.

Two big items, the budget and the House version of IP (initiative petition) reform did get pushed through last week and both will advance to the Senate. The Senate version of IP reform has already passed out of the Senate and on Tuesday, 4/2, was advanced out the House Elections Committee. 

Both versions seek to impose a concurrent majority requirement of both a simple majority of votes cast statewide, as well as approval in at least five of Missouri’s eight congressional districts enabling a minority of voters to block ratification of future constitutional amendments that are supported by the majority. 

Republicans have been vocal about utilizing this change to voter driven efforts like this as part of a larger effort to thwart a proposed amendment to restore abortion rights in the state, and even though they have succeeded in blocking the petition from going forward through frivolous lawsuits claiming a loss in revenue from unborn, aborted taxpayers to using misleading and false information in its ballot description, the amendment is expected to have the signatures necessary to be placed on the November ballot. 

HJR 86 (the House version of IP Reform), also contains language that was stripped from the Senate version (SJR 74) during the debate on the Senate Floor. 

Commonly referred to as “ballot candy,” these are unrelated provisions intended to deceive voters into supporting legislation they likely otherwise would oppose. 

In this case, the added provisions include existing law that only citizens are allowed to vote, and that foreign governments can’t sponsor or finance initiatives – also already illegal. However, changing SJR 74 in the House would require the measure to return to the Senate, and since the ballot candy was removed to overcome a Democratic filibuster, its chances of winning another Senate vote are uncertain.

If either SJR 74 or HJR 86 clears the legislature, it automatically would go on the Nov. 5 general election ballot. However, it is expected Gov. Mike Parson, a Republican, would exercise his authority to move the measure to the Aug. 6 primary election in order for the concurrent majority requirement to have a chance of being approved before the November abortion rights vote.

House Republicans Advance a Constitutional Ban on Abortion

Rounding out Republicans’ war on abortion access for Missouri women, The House General Laws Committee on April 3 voted 10-5 in favor of a proposed constitutional amendment to make it a felony to perform or induce an abortion in nearly all circumstances and prohibit future lawmakers from enacting exceptions without voter approval. 

The measure passed on straight party lines with Republicans in support and Democrats opposed. House Joint Resolution 131 would constitutionally prohibit abortion “from the moment of conception” except in cases of medical emergency when a pregnant woman is at “serious risk of substantial and irreversible physical impairment of a major bodily function” or to avert death. 

HJR 131 would provide no exceptions for pregnancies resulting from rape or incest. Violation of the measure would be a felony punishable by between five and 15 years in prison.

HJR 131 mirrors Missouri’s existing statutory ban on abortion. However, enshrining the ban in the state constitution would prohibit lawmakers from later repealing or relaxing restrictions without asking voters to ratify another amendment. 

Instead of informing voters of its intent to constitutionally ban abortion rights, HJR 131’s ballot language deceptively says it would “guarantee that abortion laws protect a pregnant mother from serious risk to life or physical health.” 

If approved by the legislature, HJR 131 automatically would go on the Nov. 6 statewide ballot where it likely would compete with the voter driven constitutional amendment seeking to protect reproductive rights, including abortion and access to contraception. 

That initiative petition would put the abortion rights measure to a statewide vote. It is currently being circulated and is expected to be submitted by the early May deadline for qualifying for the fall ballot.

House Sends Its $50 Billion Budget Plan to the Senate

With five weeks remaining for lawmakers to grant final passage to the various appropriations bills that make up the FY 2025 operating budget, all budget related bills were advanced to the Senate on Thursday, 4/4. 

The operating budget is made up of 13 different bills that cover all the governmental divisions such as K-12 and Higher Ed, Economic Development, Social Services, Medicaid, Courts, etc. 

There was another supplemental bill to cover unmet expenses this fiscal year, and 2 capital improvement bills. All this was topped off by the bill that dispersed the funds that came through President Biden’s rescue funds. 

In addition to federal funds, State revenue comes from taxes and fees and donations that are collected for a variety of purposes. The most controversial bills are the ones that fund Education, Medicaid, Social Services and Mental Health. These are the more expensive functions of State government, and there is always a scarcity of resources. 

Future triggers to reduce taxes, and the cutoff date for the Federal one-time project funds provoke a sense of urgency and avariciousness. While the House plan largely avoids major spending cuts to existing programs, Democratic lawmakers were critical of the majority for failing to use the state’s large revenue surplus to invest in public education, health care and other areas where spending has failed to keep up with inflation. Republicans rejected Democratic efforts to improve minimum teacher pay, increase state childcare subsidies and bolster funding for in-home care providers, among other items.

Although Republicans also control the Senate, the upper chamber in recent years has ignored the House’s more austere budget plans in favor of putting available revenues to use providing services or funding capital projects. During final budget negotiations with the House, the Senate’s more generous position typically prevails in most instances.

Still on the radar is the Federal Reimbursement Allowance (FRA) bill that will allow hospitals to continue to receive enhanced reimbursements. This is a crucial funding stream our hospitals have been able to use to fill in the funding they need to continue operating. The last time we reauthorized it was two years ago, and we had to go into a special session to get it done as it became a target for the anti-reproductive health privacy lobbyists to attempt to attach language that would defund abortion affiliated providers – and likely will face the same obstacles this session.