Representative Matthew Orchard Capitol Report

Missouri House District 155
Greetings Friends of the 155th District!
 
This week was another busy and productive one in Jefferson City. I appreciated the many constituents who traveled from the district to visit with me at the Capitol and share their thoughts and concerns.
It was good to see members of White River Electric Cooperative while they were in Jefferson City and to receive an update on their upcoming plans. I also enjoyed visiting with Jody Stahl from Taney County, who was at the Capitol this week with the Recorders Association. I always value the opportunity to connect with local officials and stay informed about the work being done back home.
 
I also had the pleasure of hosting students from District 155 at the Capitol, including students from Bear Nation. A special thanks to local JAG teacher Mrs. Wilkerson for preparing students with real-world skills, leadership development, and civic engagement. Their thoughtful questions reflected that preparation. Educators in District 155 who would like to bring students to the Capitol are encouraged to contact my office.
 
On the legislative front, HB 1644, relating to joint employers, is scheduled for a vote in the Rules Committee on Tuesday, February 10, and will then move to the House floor. HB 2194, addressing epinephrine delivery devices, was rolled into a House Committee Substitute and voted do pass out of the Committee on Health and Mental Health. Next week, we expect a hearing on HB 1641 before the Committee on Government Efficiency to strengthen legislative oversight of state regulations. Additionally, HB 1855, the Alpha-Gal Syndrome reporting bill, is expected to be heard by the Committee on Health and Mental Health on February 19 at 8:00 a.m.
 
If you are interested in testifying on any of this legislation, please contact my office.
 
Missouri House Approves “Born-Alive Abortion Survivors Protection Act”
 
The Missouri House this week passed HBs 1667 and 2294, legislation that would establish the “Born-Alive Abortion Survivors Protection Act,” requiring that a child born alive during or after an abortion or attempted abortion be afforded the same legal rights and medical care as any other child born alive at the same gestational age. This legislation mandates that health care providers exercise reasonable professional care to preserve the life and health of the child and ensure the child is transported to and admitted to a hospital, with mandatory reporting requirements for violations. The bills create criminal penalties for failure to report violations, establish that intentionally killing a child born alive constitutes first-degree murder, and authorize civil liability for conduct that causes injury or death in connection with unlawful or self-induced abortions. The proposals also specify who may bring civil actions and limit certain defenses in wrongful death and personal injury claims, while clarifying that natural and spontaneous pregnancy loss before fetal viability is not considered an abortion. Supporters say that any child born alive following an attempted abortion should receive the same standard of care as any other newborn and that the enforcement provisions promote accountability and transparency in medical settings. Opponents argued that the legal definitions in the bill do not align with medical practice and could create unintended legal risks in complex clinical situations. With a vote of 103-40, the bill now heads to the Missouri Senate for further consideration.
 
Missouri House Advances Legislation to Stop Abusive Website Access Litigation
 
Legislation passed this week aims to prevent predatory lawsuits against scores of small businesses for alleged website noncompliance with the Americans with Disabilities Act (ADA). HBs 1694, 1674, 1780, 2056, 2312 & 1755 creates the “Act Against Abusive Website Access Litigation” which would target “sue and settle” practices where litigation is used to pressure businesses into quick payouts, rather than to achieve real accessibility improvements. It allows the Attorney General or affected Missouri residents to seek a court determination that such claims are abusive and authorizes courts to award attorney’s fees, costs, and punitive damages up to three times the fee award when abuse is found. The court is directed to consider factors such as repeat filings of similar claims, lack of notice and opportunity to cure, prior bad faith findings, residency or licensure of the filer, settlement conduct, and compliance with court rules. The bill creates a 90-day cure period that gives businesses a rebuttable presumption against abusive litigation if they make good-faith efforts to fix alleged accessibility issues after receiving written notice. The Attorney General may intervene on behalf of affected residents or businesses and issue guidance clarifying when website access litigation is considered abusive. With a unanimous vote of 149-0, the bill now heads to the Senate.
 
A Look at Bills Moving Through Committees
 
House committees worked on a wide-ranging slate of legislation this week, with proposals heard across multiple committees addressing elections and voting access, artificial intelligence and digital safety, property taxes and fiscal limits, education policy, early childhood services, and state regulatory structure. Here’s a look at some of the legislation moving through the committee process:
 
Elections and Voting Rights
 
- HB 2592, HB 2787, HB 2834 – Voting Rights for Individuals on Probation, Parole, or Incarcerated for Misdemeanors
These bills modify current law that prohibits individuals on probation or parole for a felony conviction from voting until final discharge. Under these proposals, individuals on probation or parole would be eligible to vote unless they were convicted of a felony or misdemeanor connected to the right of suffrage. One proposal further allows individuals confined under a sentence of imprisonment for a misdemeanor to vote. Collectively, the bills would expand voting eligibility for individuals involved in the criminal justice system while maintaining existing prohibitions for offenses directly tied to election-related misconduct.
 
- HB 2387, HB 2480 – Presidential Preference Primary and Absentee Voting Changes
These bills reinstate Missouri’s presidential preference primary election, to be held on the first Tuesday in March of each presidential election year, and establish administrative timelines for local election authorities and the Secretary of State to conduct the election. Both proposals modify absentee voting by setting a three-week in-person, no-excuse absentee voting period prior to the election. They clarify that candidates filing for the presidential primary are not prohibited from filing as party candidates for other offices and require the presidential preference primary to be conducted in conformity with procedures for state primary elections. The State would be responsible for election costs, with additional state assistance required for counties with large numbers of polling places.
 
Artificial Intelligence and Digital Content Regulation
 
- HB 1746, HB 1769 – Artificial Intelligence Non-Sentience and Liability Framework
These bills establish that artificial intelligence systems are non-sentient and may not be recognized as legal persons under state law. AI systems would be prohibited from holding legal status such as personhood, marriage-like relationships, corporate leadership roles, or ownership of property, with responsibility for AI actions assigned to human owners, users, developers, or controlling entities. The proposals create liability standards for harm caused by AI, including potential liability for developers in cases of defective design or negligence, and require owners to maintain oversight and safety mechanisms proportionate to risk. Courts would be authorized to hold parent companies or controlling entities accountable in cases where corporate structures are used to evade responsibility, and serious AI-related harms would trigger mandatory reporting to authorities.
 
- HB 2350 – Artificially Generated Depictions of Minors
This bill expands criminal statutes related to child pornography to include artificially generated visual depictions of minors engaging in sexually explicit conduct. It adds artificially generated images to existing definitions of child pornography, explicit sexual material, and prohibited material, ensuring that computer-generated or AI-created depictions are treated the same as traditional visual media under Missouri law. The bill closes statutory gaps that could allow exploitation through synthetic or digitally created imagery.
Taxation, Property Taxes, and Fiscal Policy
 
- HJR 169 – Taxpayer Protection Act
This proposed constitutional amendment establishes new limits on state and local government taxation, spending, and debt, in addition to existing Hancock Amendment requirements, subject to voter approval. It requires advance voter approval for most new taxes, tax rate increases, extensions of expiring taxes, and multiyear financial obligations, and creates refund mechanisms when revenue or spending exceeds voter-approved limits. The measure mandates detailed ballot title notices for tax and debt proposals, establishes spending growth caps adjusted by voter-approved changes, requires emergency reserves for local districts, and prohibits certain new real property and local income taxes. The proposal also expands property valuation notice requirements, allows annual valuation appeals, and authorizes the General Assembly to enact implementing legislation.
 
- HB 2415 – Real Property Assessment Definitions
 
This bill creates a uniform definition of “assessment value” for real property tax purposes and requires that commonly used valuation terms in statute be construed to mean the defined assessment value. The proposal is intended to standardize terminology used in property tax assessment and valuation to reduce ambiguity and ensure consistent application of assessment standards.
 
State Government Organization and Regulation
 
- HB 3051 – Missouri Motor Vehicle Commission
This bill establishes the Missouri Motor Vehicle Commission as an independent body responsible for licensing motor vehicle manufacturers, dealers, boat dealers, and vehicle auctions, transferring those regulatory functions from the Department of Revenue. The Commission would have authority to conduct investigations, hold hearings, arbitrate disputes, and assess penalties, with revenues deposited into a dedicated fund. The proposal sets membership requirements, meeting and quorum standards, immunity for good-faith actions, and staffing authority, including an executive director position. The bill also raises the minimum number of sales required for boat and trailer dealer licensing and adds public motor vehicle auctions as a licensed dealer class.
Education Policy
 
- HB 1698, HB 2120 – School Bullying and Violence Response Policies
These bills update school anti-bullying statutes by requiring districts and charter schools to revise bullying policies, limit zero-tolerance discipline for victims, and consider self-defense when determining discipline. The proposals require immediate written reporting of bullying incidents, standardized documentation of investigations, parental notification, and referrals to law enforcement or the Children’s Division in cases meeting harassment thresholds. They mandate annual training for school employees and volunteers, monthly reporting of disciplinary incidents to school boards in closed session, and provide civil liability protections for staff who intervene in good faith. The measures also treat bullying and school violence as reportable abuse for mandated reporters and prohibit charter schools from expelling or transferring students solely due to bullying reports.
 
- HB 2230 – Limits on Technology Use in Elementary Schools
This bill limits daily digital instruction for students in kindergarten through fifth grade to 45 minutes beginning in the 2027–28 school year and restricts the use of instructional technology in core subjects such as reading, math, handwriting, science demonstrations, and social studies. It requires that most assignments be completed using paper and pencil and mandates cursive instruction for grades two through five, with proficiency required by the end of fifth grade. The bill prohibits assigning technology-based homework, transporting school devices home, and using technology for classroom management or entertainment, with limited exceptions for special education and assistive technology. Districts would be required to adopt board policies and provide annual public reporting on technology use and instructional materials.
 
If you ever have, any questions or concerns feel free to call me at 573-751-2042 or email me at Matthew.Overcast@house.mo.gov.  Our office is always here for you. 
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