prefiling – Missouri House of Representatives Newsroom

Blair’s Law against ‘celebratory gunfire’ back for 2024 session

For the twelfth time, Missouri legislators will be asked by the mother of a little girl killed by a stray bullet to increase penalties for the careless firing of guns.

The legislature this past session sent “Blair’s Law” to the desk of Governor Mike Parson (R). It was the first time that proposal reached the desk of a governor. Parson expressed support for it calling it something he’d “like to sign into law,” but it was only one measure among several that were combined into one bill, Senate Bill 189. He had issues with some of the other measures, and so it was vetoed.

Blair’s Law is named for Blair Shanahan Lane, who was 11 when she was hit by a stray bullet while celebrating Independence Day, 2011, with her family. Someone more than half a mile away carelessly fired their gun into the air and one of those bullets struck Blair in the neck. She died the next day.

The man who fired that gun served 18 months in prison for involuntary manslaughter. No state law directly addresses what is often called, “celebratory gunfire.” Every legislative session Blair’s death, her mother has come to Jefferson City to change that.

Michele Shanahan DeMoss said since Blair’s Law was vetoed, after being passed for the first time after more than a decade of work, she has been, “thoughtful.

“Thoughtful that I know the processes. I knew that in July [when the governor vetoed that bill] the process had already started again. The conversations were happening. Just thoughtful that the wheels are turning and we’re headed in the right direction.”

The “processes” to which she refers are the renewed efforts to see Blair’s Law become part of Missouri law. That is a top priority for two state lawmakers, and that is why the proposal was again among those prefiled on December 1; the first day that bills could be filed for the 2024 session.

One of those legislators is Representative Mark Sharp (D), who will be carrying that proposal for the fifth straight year. He said even though it was vetoed, he and other supporters see its passage last year as a win.

“The House has vetted it as much as it can … I believe this is the second session in a row where the Senate has had debate on Blair’s Law on the Senate floor. That’s a long way away from where we were four or five years ago with Blair’s Law, so I do think that all indicators are pointing the right direction.”

*Representative Mark Sharp (Photo: Tim Bommel, Missouri House Communications)*

Joining the list of legislators who over the years have sponsored Blair’s Law is Belton Republican Sherri Gallick, who is in her second year in the Missouri House. Gallick met DeMoss while campaigning in 2022 and that’s when she first heard Blair’s story.

“I was knocking on doors for campaigns … and happened to knock on Blair’s mother’s door and she told me all about it, and by the time we were leaving we were all in tears, so when Mark (Sharp) filed it last year I had told him … ‘I will do whatever I can to help you.’”

Gallick said of DeMoss, “She has been steadfast … there’s been other legislators throughout the years that have tried to help and she’s still very adamant. She wants to do this. She wants to get it across the finish line for her daughter.”

House Bills 1437 (Gallick) and 1477 (Sharp) would specify that a person is guilty of unlawful discharge of a firearm if they, with criminal negligence, discharge a firearm in or into the limits of a municipality. A first offense would be a class “A” misdemeanor which carries up to a year in jail and a fine of up to $2,000; a second time would be a class “E” felony carrying up to four years in prison; and third and any subsequent offense would be a class “D” felony, punishable by up to seven years in prison.

Even as efforts to pass Blair’s Law continue, incidents involving stray gunfire keep happening. Last month, while in her own bedroom in her south Kansas City home, 11 year-old Lauren Reddick was hit by two bullets. One of those left her paralyzed.

On New Year’s Eve, the Department’s SoundSpotter system identified more than 2,300 rounds fired between 6 p.m. and 6 a.m. on January 1. That was more than double the total detected by that sound capturing technology one year prior.

“We’re all gearing up for New Year’s and Christmas and the holidays and … I just hope to God that we don’t have any more incidents of somebody being hit or injured or killed by celebratory gunfire,” Sharp said.

Over the years that Blair’s Law has been proposed, the attention it has gotten has created awareness of the dangers presented by careless gunfire, and its supporters hope that will continue to be a residual benefit of their efforts.

“It is absolutely unbelievable, the places I go, not even in Missouri, that either somebody will learn the story, recognize me, somebody else will tell them, and a conversation [will begin] with regards to celebratory gunfire, firing a gun recklessly, and unfortunately even other tragic situations, because of the conversation continuing and that really is the biggest thing that I share,” DeMoss said. “Year after year it would be nice to cross the finish line, have it signed into law and see the goodness that really transpires from it. Raising the awareness is one thing but being able to actually prosecute the crime would, I think, be the game changer.”

*Representative Sherri Gallick (Photo: Tim Bommel, Missouri House Communications)*

Gallick, like other Republicans who have carried or spoken in support of the legislation through the years, says among other things it is an issue of responsible gun ownership.

“When you shoot a gun the bullet goes somewhere … you should be intentional. When you’re shooting a gun you should have some purpose, not just to shoot it in the air,” Gallick said.

Both representatives say they are optimistic about the legislation’s chances of passage in 2024, given its overwhelming bipartisan support and the Governor’s message. They also commend DeMoss, who they say is “inspiring” as she has remained consistent and undaunted.

“There are so many people that think I should be devastated that it didn’t pass and I’m not devastated,” said DeMoss. “There are so many disappointments that I could list but … the worst things that could happen to a human being happened to Blair and changed my life forever, and I will continue lobbying. I will continue educating, carrying on the conversation that celebratory gunfire, firing a gun recklessly is stupidity. To continue to persevere to change the law, to make the law what we’ve been working on absolutely needs to be done.”

The new session of the Missouri General Assembly begins January 3.

Prefiling for the 2024 Legislative Session Opens with More Than 300 Bills

Representative Willard Haley prefiles a piece of legislation for the 2024 legislative session. (Photo: Tim Bommel, Missouri House Communications)

As the Missouri General Assembly prepares for the 2024 legislative session, House members are revealing their legislative agendas for the upcoming year. While the official commencement of the legislative session is in January, December 1st marks the true beginning for many legislators, who are allowed on that date to start filing bills for the forthcoming session. On this first day 343 bills were prefiled.

Bills that are prefiled are officially introduced on the first day of the session, January 3. Members have the ability to introduce bills until March 1.

Historically, the first day of prefiling witnesses a substantial influx of bills. For the 2023 legislative session, House members submitted 336 bills on the inaugural day, contributing to a cumulative total of 578 bills during the entire pre-filing period. Comparatively, for the 2022 session, legislators initiated the pre-filing process with 372 bills on the first day en route to total of 770 bills, deviating from the 688 bills filed for the 2021 legislative session and the record-breaking 776 bills for the 2020 session.

Photo: Tim Bommel, Missouri House Communications

For the 2024 session, legislators will propose bills covering a diverse range of topics, aiming to enhance the state’s policies to better serve the needs of all residents. Some say the pre-filing process sets the tone for session. It’s when lawmakers can make their priorities known before the session begins. While that is true, it doesn’t mean those bills have a better chance of making it into law. As the statistics show, pre-filed bills are on virtually the same ground as those filed later on in the process. There is no significant practical advantage to having a low bill number, but House members still strive to be the first to file their bills. Bills are typically referred to legislative committees in numerical order, which potentially gives prefiled measures a better chance of being heard in committee.

One change that members will be subject to in the 2024 legislative session is a new provision added in the House rules during the 2023 legislative session. This new provision, outlined in House Rule 39, restricts members from submitting more than 20 bills without obtaining prior approval from the Speaker of the House. Officially implemented on July 1, 2023, this marks the first legislative session wherein members must adhere to the newly imposed cap on the number of bills they can file.

To stay informed about pre-filed bills in the House, please visit the official website of the Missouri House of Representatives at house.mo.gov and click on the “Pre-filed Bills” link. The upcoming legislative session’s first day is scheduled for January 3, 2024.

Attempt to stem catalytic converter thefts to return in 2024 session

Legislators will again this year be asked to stem the thefts of catalytic converters from Missourians and in doing so, it is hoped, get some people into drug treatment programs that could improve their lives.

*Representative Don Mayhew (Photo: Tim Bommel, Missouri House Communications)*

The House in the last two years has given overwhelming approval to bills that would make such thefts a felony, while requiring additional reporting to the state from entities that purchase catalytic converters. The same proposal will be among those filed for the 2024 session after prefiling begins on December 1.

Representative Don Mayhew (R-Crocker) says that the bill has been refined over several sessions.

“I think at this point we have vetted this thing to death,” said Mayhew.

The proposal’s bipartisan support includes Representative Aaron Crossley (D-Independence), who has himself filed a portion of that language. He said the issue has impacted his neighborhood and workplace.

“My neighbors have had issues with cars being stolen. Here at my work, we’ve had cars stolen out of the parking lot the last few weeks because of this issue, so it’s practical and real,” said Crossley.

Mayhew has become adept at explaining the issue, having presented it to his colleagues several times over the years. It begins with the two very different ways catalytic converters are valued: their value when stolen and scrapped, and the value to replace them.

“While most catalytic converter thefts prior to changing this law would have fallen in the category of petty theft – most of them would have been misdemeanors because the actual salvage value of the item is less than $1,000 – the true cost of that stolen catalytic converter is a lot more than that because the person who has to replace that catalytic converter is looking at, at least, a $2,000 bill, so we have to take that into account whenever we consider the ultimate consequences of the act.”

“To me it’s also a working person’s issue,” Crossley said. “When somebody has to go out and replace their catalytic converter and those can cost anywhere from $1,000 to $5,000 to replace, that’s a big chunk of change for a working person to have to go put down just to get a small part for their car replaced.”

Converters are an easy and profitable target because an experienced thief can steal one in as little as 30 seconds, and because they contain rare and valuable metals they can be sold to a salvager for anywhere from $50 to $900.

Even in the case of a new vehicle with full coverage insurance, the deductible cost is usually more than the cost of replacing the converter. Mayhew says most people who are victims of such thefts have liability coverage only.

*Representative Aaron Crossley (Photo: Tim Bommel, Missouri House Communications)*

“I have two elderly ladies in my district who had catalytic converters stolen. They had older model vehicles and the catalytic converter was stolen from their car. Well, now they’re out of a vehicle because they can’t afford the $2,000 it’s going to take to put the catalytic converter back on their car and their car’s not worth $2,000. Those are the people who are getting hurt by this. This is not a victimless crime. This is not a, ‘Oh, the insurance is going to pick up the cost,’ kind of thing because they don’t.”

Democrats have been very vocal in recent years in opposing legislation that would increase sentencing in other areas of law. Crossley says in this case, however, stiffened penalties make sense.

“We do a disservice when we pass laws that aren’t enforceable and don’t have some teeth … so I think finding that balance to make sure that we’re not being overly harsh to Missourians but also understanding that by not having some repercussions that we’re also harming people,” said Crossley.

Mayhew said there would be an element of compassion in increasing these penalties. It could get more people into the drug treatment programs of the state’s courts, which have historically been very effective.

“Most catalytic converters are stolen because the person who’s stealing it has a drug problem. Well until we make it a felony then we can’t get that person to drug court. On a misdemeanor, they don’t go to drug court, but on a felony, then our local prosecutors can, in those cases where it was a person who was simply trying to feed this habit that they’ve acquired, if we can get them to drug court maybe we can kill two birds with one stone,” explains Mayhew. “We can help this person, turn them into a productive citizen, but also reduce the amount of crime that’s happening in our county.”

Mayhew said the proposed changes in reporting requirements for salvagers would also increase accountability for those buyers.

“That accountability takes the form of once a month those who purchase catalytic converters will have to turn in a report to the Department of Revenue, the information, a lot of which they already are required to accumulate whenever they purchase a catalytic converter.”

That includes getting a photocopy of the seller’s driver’s license and recording the license plate number of the vehicle that brought in the converter – both of which are already required – and the proposed new requirements of getting the make, model, and serial number of the vehicle off of which the converter came; and providing a signed affidavit saying the converter wasn’t stolen. These new requirements would only apply to individuals, rather than established businesses.

Crossley supports the additional reporting requirements, and it is this area with which his legislation filed in the 2023 session dealt.

“Adding just a few more requirements to make sure that they’re receiving and buying converters that were actually lawfully obtained is the point,” Crossley said.

Mayhew said such reporting would also let Missouri at last know how many catalytic converters are being salvaged, and “keep honest people honest.

“Right now we are in a ‘hear no evil, see no evil, speak no evil’ kind of situation. As long as I don’t ask you if it’s stolen then I’m not going to be accountable for it, if it is.”

Mayhew notes that in the last two years, legislation dealing with this issue has passed out of the House 153-1 and 143-2, and in at least one of those cases, he said a “no” vote came from someone who thought he was voting on a different amendment. He said the legislation isn’t just a caucus priority, it’s a legislative priority.

He and Crossley hope that 2024 proves to be the year that the measure makes it into statute.

“It’s a growing issue that we have to tackle because nobody is served by not doing anything,” said Crossley.

The new legislative session begins January 3.

House logs 372 proposals on first day of filing for 2022 session

Wednesday at the Missouri Capitol there was a sense of new energy in the air. Christmas decorations were going up, the weather was that of a spring day, and most of all, new bills were dropping everywhere. December 1 is a day when Missourians get a first look at what legislators will consider as the filing of bills for the 2022 legislative session began.

Representative Cyndi Buchheit-Courtway files a piece of legislation for the 2022 session. (Photo: Tim Bommel, Missouri House Communications)

“Prefiling day is basically a holiday if you’re an elected official down here in Jefferson City. It’s a good day to be back in the building, it’s exciting. You can kind of feel in the air that it’s almost time to get back into the swing of things,” said Representative Mark Sharp (D-Kansas City).

Farmington Republican Dale Wright said it’s often better for legislation to be filed early, as that can give it a better chance of gaining traction early in the session and a better chance at passage. That means a lot of proposals are brought in on day 1.

“It’s amazing how many bills get filed. I’m always amazed at all of the work that House Research and the analysts do. They don’t get enough credit,” said Wright.

Click here to view the bills filed in the House for the 2022 legislative session.

For some legislators there is some strategy involved in whether they want to put a proposal forward sooner or later.

“I’ve spoken to other members that believe if they prefile something it gives the opposition a month to work on attacking that bill,” said Representative Nick Schroer (R-O’Fallon). “I’m one that’s fully transparent. People know what I’m going to file, they know where I stand on issues, and give them an extra month, I don’t care. I just think that voters and the constituents need to know what work is being done in the interim, what work is going to be done in 2022.”

Wright said Missourians should know that it’s a hectic day in the Capitol.

“I truly believe that the people who are serving up here are serving for the right reasons, and that is to be advocates and be the voice of the people back home, and wo when we file these bills it’s usually for something that helps our constituents back home, but in general, also for the State of Missouri.”

Prefiling can feel very different for House Democrats, who face a supermajority of Republicans. Kansas City Democrat Ashley Aune said even when proposing legislation they know will be opposed, members of her caucus can be serving a purpose. She said one piece of advice she has held onto came from fellow Representative Tracy McCreery (D-St. Louis).

Legislators can begin filing legislation for the coming session on December 1 of the preceding year. (Photo: Tim Bommel, Missouri House Communications)

“She tells me that filing a piece of legislation as a member of the superminority is like starting a conversation, and that’s what this is for us, especially with the bills that we know aren’t going to go anywhere. It gives us a chance to start a conversation not only with our constituents to signal that we are working for them and doing the work that they sent us down here to do, it gives us an opportunity to have the conversation with our colleagues across the aisle and say, ‘Hey, this is a priority for me. Where can we meet in the middle?’”

Sharp said the enthusiasm of filing day is encouraging, but it’s also a reminder to be thoughtful in what is filed.

“A lot of times people swing for the fences and a lot of times that’s just not feasible in most cases, especially as a member of the superminority. Sometimes you have to just get some of the breadcrumbs that haven’t been picked up in the past,” said Sharp.

Joplin Representative Lane Roberts (R) said he believes it’s important for each legislator to give consideration to not only their own bills, but what others are filing, and that includes those in the opposing party.

“The fact is that that there’s an awful lot of people on that floor who are sincere. They want to do the right thing, and when they file bills it’s because they believe that it has some meaning. Some, maybe more than others, but none of it is meaningless, and whether you’re one side of the aisle or the other, I’ve found that people on the opposite side of the aisle from me sometimes say very smart things,” said Roberts. “Listening to folks who are presenting the bill, listening to what they have to say, it’s changed my mind a time or two. It has overcome some preconceived notions that while I may not intended to have it, it just happened.”

On Wednesday in the House, 372 measures were filed for the 2022 session. The session begins January 5.