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When it comes to bills introduced in the Missouri House the real fun begins when the republican party’s lunatic fringe throws stuff out there that makes their right wingnut colleagues appear to be circumspect champions of reasonable public policy by comparison. It appears to be a game of “who can be the wingnuttiest”. A few cases in point:

HB 550 Creates a civil penalty and a cause of action for damages for coerced subcutaneous implantation of an identification device

Sponsor: Guest, Jim (5) Proposed Effective Date: 08/28/2009

CoSponsor: Ruestman, Marilyn (131) ……….etal. LR Number: 1069L.01I

Last Action: 02/03/2009 – Read Second Time (H)

HB550

Next Hearing: Hearing not scheduled

House Calendar HOUSE BILLS FOR SECOND READING

Okay, I’m waiting for the companion bill which would allow you to sue your neighbor when their pyramid and crystals deflect the asteroid that takes out your house.

But wait, there’s more:

HB 557 Requires taxation of all real property owned or occupied by the United States government in Missouri unless the state receives unencumbered federal funds by mandates for the benefit of Missourians

Sponsor: Guest, Jim (5) Proposed Effective Date: 08/28/2009

CoSponsor: Wallace, Maynard (143) ……….etal. LR Number: 1065L.01I

Last Action: 02/03/2009 – Read Second Time (H)

HB557

Next Hearing: Hearing not scheduled

House Calendar HOUSE BILLS FOR SECOND READING

As always, the devil is in the details. Let’s take a look:

FIRST REGULAR SESSION

HOUSE BILL NO. 557

95TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES GUEST (Sponsor), WALLACE AND McGHEE (Co-sponsors).

1065L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk

AN ACT

Relating to property taxation.

Be it enacted by the General Assembly of the state of Missouri, as follows:

           Section 1. 1. This section shall be known and may be cited as the “Unfunded Mandate Act”.

           2. All real property in this state that is owned or occupied by the United States government shall be assessed and taxed in the same manner as provided for assessing and levying real property taxes in chapter 137, RSMo. The general assembly may suspend the assessment and levy of taxes on such real property upon an agreement with the United States to receive federal funds unencumbered by mandates to be used for the benefit of the citizens of this state.

           3. The governor shall appoint a board to review all federal mandates to determine whether federal mandates are unfunded. If the board determines that any such federal mandate is unfunded, the state shall not participate in such mandate.

Okay, maybe not. Good luck on collecting if this passes though.

HB 559 Establishes the Protect Missouri Citizens Rights Act

Sponsor: Guest, Jim (5) Proposed Effective Date: 08/28/2009

CoSponsor: Bivins, Walt (97) LR Number: 1071L.01I

Last Action: 02/03/2009 – Read Second Time (H)

HB559

Next Hearing: Hearing not scheduled

House Calendar HOUSE BILLS FOR SECOND READING

I wonder if this is about fluoridation?

FIRST REGULAR SESSION

HOUSE BILL NO. 559

95TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES GUEST (Sponsor) AND BIVINS (Co-sponsor).

1071L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapter 577, RSMo, by adding thereto six new sections relating to the Missouri immigration act, with penalty provisions.

Be it enacted by the General Assembly of the state of Missouri, as follows:

           Section A. Chapter 577, RSMo, is amended by adding thereto six new sections, to be known as sections 577.850, 577.852, 577.854, 577.856, 577.858, and 577.860, to read as follows:

           577.850. Sections 577.850 to 577.860 shall be known as the “Protecting Missouri Citizens’ Rights Act”.

           577.852. 1. A person commits the crime of being a noncitizen illegally present in the state of Missouri if such person is present within the state and is a noncitizen who is not legally present in the United States.

           2. Being a noncitizen illegally present in the state of Missouri is a class D felony.

           577.854. The attorney general is authorized and directed to enter into a cooperative agreement with any other state necessary to secure authorization for the state of Missouri to transport any person who is found within the borders of this state and who is not legally present in the United States through such state for the purpose of delivering such person to the Department of Homeland Security at a federal border. In such agreement the attorney general is authorized and directed to grant authorization for the other state to transport persons found within their state and not legally present in the United States through the state of Missouri for the purpose of being delivered by that state to the Department of Homeland Security at a federal border.

           577.856. Every multijurisdictional enforcement group or MEG as those terms are defined in section 195.503, RSMo, shall be authorized to train volunteers to safely transport persons who are found within Missouri and who are not legally present in the United States to a federal border for the purpose of delivering such persons to the Department of Homeland Security.

           577.858. 1. Beginning July 1, 2010, no person or business entity in this state shall hire a noncitizen employee without first requiring that employee to present a valid photo identification card from the department of labor and industrial relations.

           2. Beginning January 1, 2010, the department of labor and industrial relations shall accept applications for a photo identification card from any noncitizen employee in this state who applies for such photo identification card for the purpose of seeking employment.

           3. The department of labor and industrial relations shall verify through the Department of Homeland Security or other agency designated by the Department of Homeland Security whether the applicant is legally present in the United States. If the applicant is not legally
present in the United States the applicant shall be denied a photo identification card. If the applicant is legally present in the United States the department of labor and industrial relations shall issue such applicant a photo identification card which the applicant can then use to seek employment in this state.

           4. The photo identification card shall contain a current photograph of the applicant and sufficient other identifying information to allow employers to readily match the cardholder with the card itself.

           5. The department of labor and industrial relations shall develop a list of the types of documents that it will accept from applicants as proof of their legal status in this country and shall make such list readily available to the applicants and the general public.

           6. The department of labor and industrial relations shall establish and maintain a web page on the Internet which shall be open to all employers in the state and shall include a photo identification card search capability which shall make it possible for any employer in this state to search by name for the person presenting a department of labor and industrial relations photo identification card to them for the purposes of employment so that the employer may compare the photograph on the web page with the photograph on the photo identification card. The web page shall contain the names and photographs of every person who has been issued a photo identification card.

           7. Any person or business entity who violates the provisions of this section shall be guilty of a class D felony.

           8. The department of labor and industrial relations shall have the authority to adopt any rules and regulations necessary or desirable to carry out the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2009, shall be invalid and void.

           577.860. 1. Beginning January 1, 2010, and prior to July 1, 2010, any person who is employed in this state and who is an immigrant to the United States, whether legal or illegal, shall apply to the department of labor and industrial relations for a photo identification card.

           2. There is hereby created in the state of Missouri an immigrant “Guest Worker Program”. Beginning January 1, 2010, the department of labor and industrial relations shall accept applications for a photo identification card from any person who is employed in this state who is an immigrant to the United States, whether legal or not, who applies for such photo identification card for the purpose of maintaining employment. Immigrant employees who are not legally present will have to obtain employer sponsorship to remain employed otherwise such employees will be deported.

           3. The department of labor and industrial relations shall verify through the Department of Homeland Security or other agency designated by the Department of Homeland Security whether the applicant is legally present in the United States and whether such applicant has any criminal convictions. If the applicant has any criminal convictions the applicant shall be denied a photo identification card and the department of labor and industrial relations shall notify the employer, in writing, by registered mail, of such denial. The employer shall, within three calendar days of receiving such notice, either terminate that employee for failure to obtain a valid photo identification card or apply for sponsorship through Missouri’s guest worker program and show a hardship status. If hardship status is obtained an employer may keep such employee for up to but not exceeding a maximum of five years. The department of labor and industrial relations will act as an intermediary between the employer and the Department of Homeland Security and Immigration and Customs Enforcement (ICE) to secure the proper documentation for such employee to remain in the United States. Any noncitizen employee who has a criminal history other than a violation relating to his or her immigration status shall not be eligible for sponsorship through Missouri’s guest worker program and shall not be allowed to remain. If the applicant does not have any criminal convictions the department of labor and industrial relations shall issue such applicant a photo identification card whether or not the applicant is legally present in the United States to show the applicant’s status and the applicant shall present such photo identification card to the employer within five calendar days of receiving such card.

           4. If by July 1, 2010, an employer has any immigrant employees who have not presented a valid photo identification card to them it shall be the responsibility of that employer to check with the department of labor and industrial relations, within five calendar days, to inquire whether such employees have made application for a photo identification card. If any such employee has not made application for a photo identification card as required by the provisions of this section the employer shall within three calendar days terminate the employment of such employee.

           5. The department of labor and industrial relations may charge the employer a fee for processing any application for a photo identification card requested as a result of the provisions of this section from any employee of that employer, in an amount to be determined by the director of the department of labor and industrial relations, but not to exceed the cost of processing and issuing the photo identification card and notifying the employer of any denial. No person who applies for a photo identification card under the provisions of this section shall be charged a fee.

           6. The photo identification card shall contain a current photograph of the applicant and sufficient other identifying information to allow employers to readily match the cardholder with the card itself and shall contain a designation of “legally present” if such person is determined to be legally present in the United States or a designation of “not legally present” if such person is determined not to be legally present in the United States.

           7. The department of labor and industrial relations shall develop a list of the types of documents that it will accept from applicants as proof of their legal status in this country and shall make such list readily available to the applicants and the general public.

           8. Beginning January 1, 2010, every employer in this state who has any employee who is an immigrant to the United States, whether legal or not, shall post a notice in an area accessible to all employees which shall state the following: “Any person who is employed here who is an immigrant to the United States, whether legal or not, shall prior to July 1, 2010, apply for a photo identification card from the department of labor and industrial relations in order to verify their status. Every person who is employed here who is issued a photo identification card from the department of labor and industrial relations shall present such photo identification card to his or her supervis
or within five calendar days of receiving such card. There will be no cost to the employee for applying for and receiving such photo identification card. Failure to apply for, receive, or present such card to your supervisor within the required time period will result in termination of your employment.”.

           9. No employer who terminates an employee under the provisions of this section shall be liable criminally or civilly in any manner for such termination.

           10. The department of labor and industrial relations shall have the authority to adopt any rules and regulations necessary or desirable to carry out the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2009, shall be invalid and void.

           11. Any employee or employer who violates the provisions of this section shall be guilty of a class D felony.

Nope. it’s not about fluoride. But, I see the possibility for some practical application and combination with HB 550. Isn’t there an agency of the federal government that deals with this? Wait, wait, don’t tell me…

Let’s continue. You’ll pardon me if I say it. This one meets some kind of gold standard:

HB 561 Creates provisions relating to the use of gold by state and local government

Sponsor: Guest, Jim (5) Proposed Effective Date: 08/28/2009

CoSponsor: Funderburk, Doug (12) LR Number: 1367L.01I

Last Action: 02/03/2009 – Read Second Time (H)

HB561

Next Hearing: Hearing not scheduled

House Calendar HOUSE BILLS FOR SECOND READING

I wonder if someone got burned by one of those companies that advertises on cable television?

The common denominator on these bills? Jim Guest.

Let’s take a look back:

Overwrought opposition to a secure national ID card

…Missouri state Rep. Jim Guest, a Republican, has called Real ID “a frontal assault on the freedom of Americans.” It’s frankly hard to see what freedom is under assault other than the freedom to lie on your driver’s license. Perhaps Guest can elaborate…

States Challenge Nat’l Driver’s License

By LESLIE MILLER

The Associated Press

Sunday, February 4, 2007; 10:36 PM

…Missouri state Rep. James Guest, a Republican, formed a coalition of lawmakers from 34 states to file bills that oppose or protest Real ID.

“This is almost a frontal assault on the freedoms of America when they require us to carry a national ID to monitor where we are,” Guest said in an interview Saturday. “That’s going too far.”

Guest filed a resolution last week opposing Real ID and said he expects it quickly to pass the Legislature. “This does nothing to stop terrorism,” he said. “Don’t burden the American people with this requirement to carry this ID…”

That explains a lot.