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SECOND REGULAR SESSION
HOUSE BILL NO. 3465
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE KEA THLEY .
7351H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 1, RSMo, by adding thereto one new section relating to the severability of
provisions within legislation.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 1, RSMo, is amended by adding thereto one new section, to be
2 known as section 1.141, to read as follows:
1.141. If any provi sion of a legislative act is found unconstitutional by a court of
2 competent jurisdiction for any reas on, whether pro cedural or substantive, the provi sion
3 shall be sever ed, the re maining pro visions shall be valid, and the court shall presum e
4 that the general assembly would have enacted the valid pr ovisions without the void one,
5 pr ovided that if the court finds by clear and convincing evidence that the general
6 assembly would not have enacted the valid pro visions absent the void provi sion, then the
7 valid provi sions shall also be declar ed invalid. Clear and convincing evidence shall
8 include, but not be limited to, a finding that the valid pr ovisions, standing alone, are
9 incomplete and ar e incapable of being executed in accordance with the legislative intent.
✔
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.