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MO HJR195
Joint Resolution
Status
2/26/2026
Primary Sponsor
Matthew Overcast
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AI Summary
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Proposed constitutional amendment would appear on the November 2026 ballot requiring Conservation Commission rules and regulations to comply with general law requirements for executive agencies
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Conservation agents would be prohibited from entering protected private land (fenced, gated, posted, or cultivated property) for investigation or enforcement without a warrant or owner consent, except for exigent circumstances involving immediate public safety threats or felony offenses
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Seized wildlife must be returned to owners within 72 hours unless the department obtains judicial authorization showing probable cause; forfeiture requires a court order based on clear and convincing evidence
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Owners of seized wildlife may petition for expedited judicial hearings within 5 business days, with the Department of Conservation bearing the burden of proof; unlawful retention requires return of wildlife or monetary compensation
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Evidence obtained through warrantless entry onto protected private land would be inadmissible in wildlife enforcement proceedings, and the "open fields doctrine" alone would not authorize such entries under Missouri's constitution
Legislative Description
Proposes a constitutional amendment on wildlife enforcement, conservation commission and department of conservation agents ability to enter on privately owned property and makes the rule promulgation subject to the requirements for executive agencies under general law
Last Action
Read Second Time (H)
2/27/2026