Creates provisions regarding the severability of provisions in a legislative act
Impact
SB1797's implications would be significant in the context of how laws are interpreted and implemented in Missouri. It enhances the stability of legislation by ensuring that the invalidation of one provision of a law does not automatically nullify the entire act. This increased certainty could streamline legal processes by reducing the instances where courts declare an entire legislative act void due to one unconstitutional provision. Furthermore, the bill requires courts to assess if the remaining provisions can function independently, thus placing a higher burden of proof on the courts regarding the legislative intent behind the law.
Summary
Senate Bill 1797 aims to introduce new provisions regarding the severability of provisions within legislative acts in Missouri. The bill amends Chapter 1 of the Revised Statutes of Missouri by adding two sections, sections 1.141 and 1.4500. These sections outline that if a provision of a legislative act is declared unconstitutional by a court, that provision will be severed, allowing the remaining provisions to remain valid, under the presumption that the general assembly would have enacted those valid provisions independent of the voided ones. This approach seeks to maintain legislative intent despite potential constitutional challenges to specific sections of a law.
Contention
Though the bill primarily aims to clarify legislative intent and strengthen the legal framework around severability, it could raise concerns regarding the balance of power between the judiciary and the legislature. Critics may argue that enforcing a presumption of legislative intent could undermine judicial review and the role of courts in assessing the constitutionality of laws. Moreover, this may lead to situations where laws that contain problematic provisions remain in effect simply because other parts of the legislation are deemed valid, potentially limiting avenues for legal challenges against such laws.