A4MC Logo

CHALLENGES

Attacks to the Missouri Model

Over the past 85 years, there have been dozens of challenges to the Conservation Commission’s authority and funding either in the legislature or the courts. Each were designed, in one form another, to control and or politicize the Conservation Commission, Department of Conservation, and all of their duties, decisions, and work. These challenges can be categorized as follows:

Eliminate the Conservation Commission

Lessen or Eliminate Commission Authority

Eliminate, Reduce, or Divert Dedicated Funding

Sunset and/or Re-Authorize Dedicated Funding

Control the Commission Budget and Priorities

Force or Restrict Commission Action Through Appropriations Process

Legislatively Regulate or De-regulate Fish, Forest, and Wildlife Management

Forced Legislative Review of all Conservation Rules and Regulations

Commission Appointments by Geographic Regions

Commission Appointments by Attribute or Interest

85 YEARS OF RELENTLESS ATTACKS ON THE MISSOURI DEPARTMENT OF CONSERVATION

1936
1936

Citizens approved the Conservation Commission through Amendment 4. The amendment gave the 4-person commission the constitutional responsibility to manage the fish, forest, and wildlife resources for the citizens of Missouri. Missouri is recognized as a world leader in conservation. However, our success has not been without its challenges. Since 1937, attempts have been made by the Missouri General Assembly and others to change Missouri’s system of conservation.

Challenge 1938
1938

Legislation filed to repeal constitution amendment and return to politically appointed game and fish department.

Challenge 1940
1940

Former Senator McCawley pays staff to collect signatures for initiative petition to repeal new commission rules and re-enact old game laws. Petition failed 2 to 1 at November polls, but gives Commission quite a scare.

Challenge 1949
1949

Political attempt to dilute Commission authority fails.

Challenge 1959
1959

Senate slashes $11 million appropriation request to $4 million. Later restored.

Challenge 1961
1961

Legislation proposed to set up joint legislative committee to approve all regulations of all state departments. Commission opposes.

Challenge 1965
1965

Conflict arises with state comptroller (Office of Administration) on out of state travel. Commission declares that it will approve out of state travel, not state comptroller.

Challenge 1966
1966

Governor Hearnes wants to test authority of Commission; would like to exert same budget control as over other state departments. State comptroller refuses to honor salary increases for commission employees. Regular pay check sent. Goes to Attorney General for opinion. Rules in commission's favor.

Challenge 1975
1975

Budget dispute with Senate Appropriations Committee which wants a line item budget and objects to salary request. Commission concerned with constitutional authority.

Challenge 1976
1976

Conservation Sales Tax constitutional amendment passed by voters. General Assembly zeros out General Revenue for the agency.

Challenge 1977
1977

More discussion by legislature with displeasure of Conservation Sales Tax. Legislation filed to place Conservation Sales Tax on 1978 ballot.

Challenge 1978
1978

HJR60 introduced to terminate sales tax.

Challenge 1982
1982

Legislature introduces several resolutions to transfer certain agencies to MDC and divert portions of the sales tax for other purposes. Legislature approves $1 million in Commission Funds for State Parks. Constitutional amendment creating JCAR on ballot. Commission opposes. Amendment fails.

Challenge 1985
1985

HJR36 filed. Would allow legislature to invalidate rules of state agencies (JCAR). MDC exempted, but later exemption is dropped.

Challenge 1998
1998

Conservation Federation of Missouri vs. Hanson. Courts say Hancock Amendment does not apply to the Conservation Sales Tax.

Challenge 2003
2003

Legislature passes legislation defining captive deer as livestock. Vetoed by Governor Holden.

Challenge 2004
2004

Several Senators oppose Lowell Mohler’s confirmation. Mohler confirmed. Senator Cauthorn files and passes out of Senate Committee SJR 47 which would sunset Conservation Sales Tax every 10 years.

Challenge 2005
2005

Debate on handfishing heats up. MDC opposes because of impact to catfish populations. Legislation defeated on the last day of session.

Challenge 2008
2008

Legislation filed by Representative Don Ruzicka to expand Commission. General Assembly approves $500,000 in Commission Fund for interoperability. Vetoed by Governor Blunt.

Challenge 2011
2011

Legislature attempts to hold Commission liable for damaged cause by reintroduced elk. Department opposes. Legislature reduces MDC spending authorization by $68,000, related to Kyle Carroll vs. MDC lawsuit.

Challenge 2014
2014

House and Senate introduce Joint Resolution that would bring MDC under JCAR. The bill was introduced by the JCAR chairs due to a pending MDA regulation, but MDC quickly became the focus of the resolution. SJR47 is amended on Senate floor to exempt MDC. Amendment passes 18-14. House Joint Resolution was strongly opposed by the conservation community. Hearing took two days to complete. House bill amended in committee to match Senate bill. Regulations proposed related to captive cervid breeders and big game shooting preserves. Captive deer industry aggressive lobbies the General Assembly as this becomes an issue in several states (IN, WV, NC, MI, and others). Legislation passes defining captive deer as livestock and Governor Nixon vetoes the bill. Veto override fails by one vote during veto session.

Challenge 2015
2015

As a result of failed veto override from 2014 session, legislature files numerous bills to repeal or modify conservation sales tax, expand commission, and many others. CFM starts Conservation Day at the Capitol. Department’s single line appropriation is broken out by personal services and equipment and expenses. Department requests an additional $15 million in spending authorization (first request for a new decision item since 2006). Department receives only $1 million.

Challenge 2016
2016

House Budget Committee breaks out Department’s budget by division and personal services and equipment and expenses. Flexibility is reduced to 25%, which impacts PLS payments to landowners.

Challenge 2018
2018

Several bills filed to expand the commission, sunset the sales tax, and allow captive cervid meat to be sold. MDC's FY2019 operating budget in HB2006 totals $161,068,519. This includes NDIs for CWD and feral hogs ($2.5M), IT Services ($1M), CART ($2M), and contract services ($650,000). The only NDI we did not receives was $2M for heavy equipment replacement.

Challenge 2018
2018

SB627 (Omnibus Agriculture Bill) passes with language allowing the sale of cervid meat which conflicts with existing prohibition of this practice in the Wildlife Code. Missouri Supreme Court rules in favor of the Commission finding the commission has authority over both wild deer and elk, as well as those in captivity.

Challenge 2019
2019

HJR18, seeking to put the Conservation Sales Tax on the ballot to be renewed by voters every six years, receives a hearing in the Conservation and Natural Resources Committee at the end of the session.

Challenge 2019
2019

The outcome of the Appropriation Conference Committee on our FY20 Budget was not favorable for the Department. Legislator appropriates money for volunteer fire fighter program and CWD live animal test. MDC did not ask for funding. Flexibility further reduced.

Challenge 2020
2020

Several bills filed in House of Representatives related to feral hogs and use of infrared and night vision for feral hogs and nuisance wildlife. Bills stall in House due to COVID-19 pandemic. No discussion of feral hogs in MO Senate. Hearing on HJR-100 (JCAR) last several hours due to strong opposition to the joint resolution. No one testified in favor of the bill, but the bill was voted out of committee by a vote of 4-3.

Challenge 2020
2020

General Assembly passes FY21 budget with several changes to MDC’s budget. In HB19 language was removed that allowed for land acquisition and partnerships with other entities. House removes land acquisition language from HB19 which is approved by Senate and Governor. As a result, Commission unable to acquire rare native prairie in St. Clair County from willing seller. Results in Conservation Commission vs. Schmitt lawsuit.

Challenge 2021
2021

Legislation also field to expand Conservation Commission to 9 members (8 elected and 1 appointed by Governor), Right to Hunt, and open field bills that would prohibit conservation agents from going on private land without a warrant. Expand the Commission was voted out of committee after the Speaker “stacked” the committee with 9 new members.

Challenge 2021
2021

Dust begins to settle with feral hog issue with passage of feral hog legislation and incredible work by the partnership to remove feral hogs from Missouri. Legislative and partner updates and field trips are productive.