Creates provisions regarding the severability of provisions in a legislative act

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Creates provisions regarding the severability of provisions in a legislative act

The following summaries of this bill are available: Print All Summaries Introduced Print SB 1797 - If any provision of a legislative act is found to be unconstitutional for any reason, this act requires the void provision shall be severed and the remaining valid provisions shall be valid.

What This Bill Does

• The following summaries of this bill are available: Print All Summaries Introduced Print SB 1797 - If any provision of a legislative act is found to be unconstitutional for any reason, this act requires the void provision shall be severed and the remaining valid provisions shall be valid.
• The court shall presume that the General Assembly would have enacted the valid provisions without the void one.
• If the court finds by clear and convincing evidence that the General Assembly would not have enacted the valid provisions absent the void provision, then the valid provisions shall also be declared invalid.
• JIM ERTLE

Limits and Unknowns

• This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Official Summary Text

The following summaries of this bill are available:

Print All Summaries

Introduced

Print

SB 1797 - If any provision of a legislative act is found to be unconstitutional for any reason, this act requires the void provision shall be severed and the remaining valid provisions shall be valid. The court shall presume that the General Assembly would have enacted the valid provisions without the void one. If the court finds by clear and convincing evidence that the General Assembly would not have enacted the valid provisions absent the void provision, then the valid provisions shall also be declared invalid.
JIM ERTLE

Current Bill Text

SECOND REGULAR SESSION
SENATE BILL NO. 1797
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR TRENT.
7491S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 1, RSMo, by adding thereto two new sections relating to severability of
provisions in a legislative act.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 1, RSMo, is amended by adding thereto 1
two new sections, to be known as sections 1.141 and 1.4500, to 2
read as follows:3
1.141. If any provision of a legislative act is found 1
unconstitutional by a court of competent jurisdiction for 2
any reason, whether procedural or substantive, the provision 3
shall be severed, the remaining provisions shall be valid, 4
and the court shall presume that the general assembly would 5
have enacted the valid provisions without the void one; 6
provided that if the court finds by clear and convincing 7
evidence that the general assembly would not have enacted 8
the valid provisions absent the void provision, then the 9
valid provisions shall also be declared invalid. Clear and 10
convincing evidence shall include, but not be limited to, a 11
finding that the valid provisions, standing alone, are 12
incomplete and are incapable of being executed in accordance 13
with the legislative intent. 14
1.4500. In the event that any section, provision, 1
clause, phrase, or word of a legislative act or the 2
application thereof is declared invalid under the 3
SB 1797 2
Constitution of the United States or the Constitution of the 4
State of Missouri, it is the intent of the general assembly 5
that the remaining sections of the act remain in force and 6
effect as far as they are capable of being carried into 7
execution as intended by the general assembly. The general 8
assembly hereby declares that it would have passed each 9
section, provision, clause, phrase, or word thereof, 10
irrespective of the fact that any one or more sections, 11
provisions, clauses, phrases, or words of a legislative act 12
or the application of the legislative act would be declared 13
unenforceable, unconstitutional, or invalid. 14
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