2019 Bills – Constitutional Violations

Missouri’s Constitution states in Article III, section 21, “… no bill shall be so amended through its passage through either house as to change its original purpose.”

It also states in Article III, section 23, “No bill shall contain more than one subject which shall be clearly expressed in its title.”

United for Missouri has identified at least ten (10) bills that violate these constitutional provisions.

• HB 192 Delivered to Governor on 5/29
• HB 399 Delivered to Governor on 5/29
• HB 499 Delivered to Governor on 5/29
• SB 83 Delivered to Governor on 5/29
• SB 87 Delivered to Governor on 5/29
• SB 89 Delivered to Governor on 5/29
• SB 133 Signed by Governor on 6/24
• SB 196 Delivered to Governor on 5/29
• SB 275 Signed by Governor on 6/24
• SB 368 Delivered to Governor on 5/29

Summaries and the objections to these bills are presented below.

It is clear that each bill contains more than one subject and had its title changed in an attempt to “cover” the multiple subjects. Both of these actions violate Article III, Sections 21 and 23.

Representative Mike Moon officially entered a Constitutional Objection on each of these bills and a couple more. We thank Representative Moon for his summary of the issues!

While many might agree that there are good things in some of these bills and bad things in others, we should also agree that violating the Missouri Constitution to get those good things is not the way to do it!

The Governor has until July 14th to sign or veto all bills. 

If the Governor does not sign or veto a bill, it becomes law!

Call the Governor’s office TODAY at 573-751-3222 and ask him to VETO the remaining unconstitutional bills!

Then, call your Representative and Senator (573-751-2000) and let them know you expect them to keep their Oath of Office and to stop voting for unconstitutional bills!

SS SCS HCS HB 192

The original purpose of House Bill 192 was “relating to the payment of fines.” When the bill was passed out of the House, the original purpose remained intact. While in the Senate, however, the title was changed to “relating to court procedures.”

The apparent changes made in the Senate were necessary for increasing the scope of the bill to include not only the payment of fines, but also unrelated items such as County sheriff’s ability to receive $10 for service of any summons, writs, subpoenas, or other court orders, the removal of a provision requiring the Director of the Public Defender’s Office to prepare a plan to establish district offices that would coincide with existing judicial circuits, specifies that traffic court judges in St. Louis County may review decisions of the Director of Revenue or Department of Revenue to revoke a person’s driver’s license for refusal to submit to a chemical test, modifies provisions related to the Public Service Commission, removal of a provision requiring the Director of the Public Defender’s Office to prepare a plan to establish district offices that would coincide with existing judicial circuits, and finally, the bill specifies circumstances under which a court may depart from mandatory minimum prison sentences or terms.

CCS SS SCS HCS HB 399

The original purpose of House Bill 399 was relating to health care for persons with disabilities. The Truly Agreed and Finally Passed version of HB 399 had a broader title of relating to healthcare.

The title change allowed the inclusion of personal care assistance vendors, consumer-directed services, developing an interactive assessment tool for utilization by the Division of Senior and Disability Services, offender Missouri Healthnet benefits, unanticipated out-of-network healthcare services, and multiple employer welfare.

CCS SS HCS#2 HB 499

The original purpose of House Bill 499 was relating to accidents occurring in work or emergency zones. The Truly Agreed and Finally Passed version of HB 499 had a broader title of relating to transportation.

The title change allowed the inclusion of license fees, title transfer fees, permit fees, fees charged for the processing of lien notices, the designation of memorial highways, and authorizing traffic court judges in St. Louis County to revoke driver’s licenses.

CCS SCS SB 83

The original purpose of Senate Bill 83 was relating to the relocation of a child. The Truly Agreed and Finally Passed version of CCS SCS SB 83 had a broader purpose including grandparent visitation, public defenders, and the partitioning of property among heirs.

HCS SB 87

The original purpose of Senate Bill 87 was relating to an option for taxpayers to donate a portion of income to the Pediatric Cancer Research Trust Fund. The Truly Agreed and Finally Passed version of HCS SB 87 had a broader purpose including transient guest taxes, a public safety officer surviving spouse tax credit, residential renovations for disability tax credit, Missouri adjusted gross income, late income tax payment, Sahara’s law, the Kansas City Regional Law Enforcement Memorial fund, sales tax receipts, and fantasy sports contests.

SCS SB 89

The original purpose of Senate Bill 89 was relating to commercial driver’s licenses. The Truly Agreed and Finally Passed version of SCS SB 89 had a broader title of relating to transportation and included the following subjects: surety bonds; vehicle inspections; and fines for striking a worker in a construction zone.

CCS HCS SB 133

The original purpose of Senate Bill 133 was relating to egg production. The Truly Agreed and Finally Passed version of CCS HCS SB 133 had a broader purpose including agricultural zoning classifications, the growing of industrial hemp, fees charged by the department of agriculture, and the repeal of laws related to treated timber.

HCS SB 196

The original purpose of Senate Bill 196 was relating to awarding grants to preserve, protect, or restore historic county courthouses. The Truly Agreed and Finally Passed version of HCS SB 196 had a broader purpose including state parks concession contracts and the Rock Island trail state park endowment fund.

SB 275

The original purpose of Senate Bill 275 was relating to health care (in and of itself, a fairly broad title). The Truly Agreed and Finally Passed version of SB 275 including an even broader (and non-germane) list of subjects: sheltered workshops, a senior services growth and development program, and a joint task force on radiologic technologist licensure.

CCS SB 368

The original purpose of Senate Bill 368 was relating to dealer license plates. The Truly Agreed and Finally Passed subject of CCS SB 368 was relating to transportation. The change in purpose allowed for the inclusion port authorities, motor vehicle rental and leasing, organ donor designations on driver’s licenses, and commercial driver’s licenses.