House action on eviction, educational scholarship accounts and immigration

This week, the Missouri House third read and passed HB 2062, a piece of legislation seeking to prohibit counties, municipalities or political subdivisions from implementing eviction moratoriums unless explicitly allowed by state law. The legislation passed out of the chamber with a vote of 111-26. Supporters argued that eviction moratoriums infringe on property rights and disrupt contracts between landlords and tenants, emphasizing that eviction is governed by state law.

The legislation is the House's third attempt to address the issue since the pandemic began. It aims to prevent local governments from imposing eviction moratoriums, highlighting the goal of safeguarding property rights.

The bill sponsor clarified on the House floor that the intent of the bill is not to force renters out but rather to establish a uniform rule applicable to all in the state. The bill responds to local agencies, such as the circuit courts in Jackson County and St. Louis, temporarily halting evictions in the early days of the COVID-19 pandemic. The bill sponsor expressed the need for a consistent rule to avoid creating an unsustainable situation for landlords and to prevent a fragmented approach with municipalities issuing their own moratoriums.

Critics of eviction moratoriums argue that the federal moratorium, while initially sensible during the COVID-19 pandemic, resulted in unnecessary financial hardships for landlords. St. Louis and St. Louis County had implemented local eviction moratoriums after the U.S. Supreme Court invalidated the federal moratorium imposed by the Centers for Disease Control and Prevention in 2021.

The bill also raised concerns about the potential impact of "free rent" on tenant behavior, suggesting it might have encouraged tenants to fall behind in monthly lease payments, leading to avoidable evictions. The bill sponsor contended that the federal moratorium, coupled with rental aid, contributed to economic turmoil for landlords. He emphasized the importance of the landlord-tenant relationship, stating, "We need tenants. We just need them to pay rent."

In summary, the Missouri House's approval of HB 2062 reflects an ongoing effort to establish a statewide approach to eviction moratoriums, balancing the protection of property rights and maintaining the stability of the landlord-tenant relationship. The bill now heads to the Missouri Senate for consideration.

Expanding ESAs

The House Special Committee on Education Reform this week deliberated on several bills related to Educational Scholarship Accounts (ESAs), each seeking to expand the program more accessible to students across the state a tax credit program that helps pay for students to attend private and religious schools. Each bill addresses distinct aspects of the Missouri Empowerment Scholarship program:

HB 2104 & HB 1738 would allow the program to gather $75 million in tax credits instead of the current $50 million cap and approve the appointment of an additional educational assistance organization once organizations can meet $25 million in tax credits annually.

HB 1615 seeks to expand the definition of a "qualified student" and expand the program statewide rather than limiting scholarships to students living in the state's most populated areas. "What my bill does is it takes the current statute, and it removes the geographic limitations that were approved in 2021 so that the program is open up to families and students statewide," the bill sponsor said.

HB 1671: This bill would allow students who are currently enrolled in a private school to receive a MOScholars scholarship. The program currently requires recipients to have attended public school "for at least one semester in the past 12 months" or be of kindergarten age.

Collectively, these bills propose amendments to the Missouri Empowerment Scholarship program, addressing funding, eligibility criteria, and inclusivity. While HB 1615 and HB 1671 are expected to have no fiscal impact, HB 2104 and HB 1738 propose a larger expansion of K-12 tax-credit scholarships at an estimated cost of $9.2 million.

"This legislation ultimately is where we want to go. It is where many other states have gone in providing a universal school choice option for every student that wants to avail themselves of one," the bill sponsor of HB 2104 said. "It sets the balance between where I'd like to be and what I think we could practically accomplish in this legislative session."

Each bill now awaits a vote from the committee, which could happen as soon as next week.

Immigration laws

In a recent session of the House Special Committee on Homeland Security, discussions centered around several immigration bills and how to strengthen border security while ensuring that individuals entering the state are doing so through lawful ports of entry.

HB 2470 addresses illegal entry, categorizing it as a class B misdemeanor with potential escalation to a class E felony for repeat offenses. The bill introduces additional offenses for illegal aliens and outlines penalties. Certain individuals enforcing these offenses are protected from arrest or detention in specific locations.

HB 2523 defines the offense of trespass by an illegal alien, classifying it as a class E felony for individuals aged 18 or older committing certain offenses on public or private land. The bill exempts federally authorized individuals, and a violation does not establish probable cause for any other offense.

HB 2367 specifies that illegal aliens committing offenses are guilty of trespass, with severity depending on the initial offense. Trespass is a class E felony for infractions and a class C felony for misdemeanors or felonies. The punishment for trespass is in addition to the initial offense's penalty and does not apply to federally authorized individuals.

The discussions reflect heightened concerns over immigration and border security at both the federal and state level. Within days of the hearing, Gov. Mike Parson announced the deployment of resources and personnel to the southern border in support of Texas Gov. Greg Abbott's Operation Lone Star mission.

Jamie Burger is a state representative for District 148 in the Missouri General Assembly where he also serves as the assistant majority floor leader.