The legacy:

HB 2468: Rep. Cynthia Davis (r) – another not so bright idea from a dim bulb (April 2, 2010)

….Ah, the usual “tenther” drivel. Interestingly, there are no co-sponsors listed for this bill. It would appear that there are a few republican members of the House with some small shred of self respect left.

So much for self respect – the bill introduced on Thursday by Representative Chuck Gatschenberger (r):

SECOND REGULAR SESSION

HOUSE BILL NO. 1146

96TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES GATSCHENBERGER (Sponsor) AND KORMAN (Co-sponsor).

4327L.01I                                                                                            D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapter 21, RSMo, by adding thereto one new section relating to exempting the intrastate manufacture of certain incandescent lightbulbs from federal regulation.

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

           Section A. Chapter 21, RSMo, is amended by adding thereto one new section, to be known as section 21.930, to read as follows:

           21.930. 1. The general assembly declares that the authority for this section is the following:

           (1) Amendment X of the Constitution of the United States guarantees to the states and their people all powers not granted to the federal government elsewhere in the Constitution and reserves to the state and people of Missouri certain powers as they were understood at the time that Missouri was admitted to statehood. The guarantee of those powers is a matter of contract between the state and people of Missouri and the United States as of the time that the compact with the United States was agreed upon and adopted by Missouri and the United States;

           (2) Amendment IX of the Constitution of the United States guarantees to the people rights not granted in the Constitution and reserves to the people of Missouri certain rights as they were understood at the time that Missouri was admitted to statehood. The guarantee of those rights is a matter of contract between the state and people of Missouri and the United States as of the time that the compact with the United States was agreed upon and adopted by Missouri and the United States;

           (3) In 2007, the United States Congress passed the Energy Independence and Security Act (Pub. L. No. 110-140). Section 321 of that act bans the sale of certain incandescent lightbulbs in the United States beginning in 2012.

           (4) The regulation of intrastate commerce is vested in the states under Amendments IX and X of the Constitution of the United States, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of incandescent lightbulbs;

           (5) The legislature of the state of Missouri declares that an incandescent lightbulb manufactured in Missouri that remains within the borders of Missouri:

           (a) Has not traveled in interstate commerce; and

           (b) Is not subject to federal law or federal regulation, under the authority of the United States Congress to regulate interstate commerce.

           2. As used in this section, unless the context otherwise requires, the following terms shall mean:

           (1) “Generic and insignificant part”, includes an item that has manufacturing or consumer product applications other than inclusion in an incandescent lightbulb;

           (2) “Incandescent lightbulb”, a standard incandescent or halogen lightbulb that:

           (a) Is intended for general service applications;

           (b) Has a lumen range of not less than three hundred ten lumens and not more than two thousand six hundred lumens; and

           (c) Is capable of being operated at a voltage range at least partially within one hundred ten and one hundred thirty volts;

           (3) “Manufactured in this state”, the item is manufactured:

           (a) In this state from materials located in this state; and

           (b) Without the inclusion of any part imported from another state other than a generic and insignificant part.

           3. An incandescent light bulb that is manufactured in Missouri and that remains within the borders of Missouri is not subject to federal law or federal regulation under the authority of congress to regulate interstate commerce.

           4. An incandescent lightbulb manufactured and sold in Missouri under the provisions of this section shall have the words “Made in Missouri” clearly stamped on it.

           5. On written notification to the attorney general by a resident of this state of the resident’s intent to manufacture an incandescent lightbulb to which this section applies, the attorney general may seek a declaratory judgment from a federal district court in this state that this section is consistent with the Constitution of the United States.

Tenther drivel. Check.

Nullification. Check.

Still waiting for the buggy whip protection bill. Check.



“…In 2007, the United States Congress passed the Energy Independence and Security Act (Pub. L. No. 110-140). Section 321 of that act bans the sale of certain incandescent lightbulbs in the United States beginning in 2012…”

Uh, who was president in 2007 and would have had to sign the bill into law? He who must not be named? Just asking.

No, we’re not making this up. And we can’t really venture to call this an elaborate “April Fools” joke because it is coming from the poster child for the batshit crazy wingnut segment of the Missouri body politic.

With apologies to Atrios

HB 2468 Creates the Missouri Freedom to Own Lightbulbs Act

Sponsor: Davis, Cynthia L. (19) Proposed Effective Date: 08/28/2010

CoSponsor: LR Number: 5509L.01I

Last Action: 04/01/2010 – Introduced and Read First Time (H)

HB2468

Next Hearing: Hearing not scheduled

House Calendar HOUSE BILLS FOR SECOND READING

Yes, you read that correctly, the “the Missouri Freedom to Own Lightbulbs Act”. From Representative Cynthia Davis (r). Yes, that Representative Cynthia Davis.

The bill:

SECOND REGULAR SESSION

HOUSE BILL NO. 2468

95TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE DAVIS.

5509L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapter 21, RSMo, by adding thereto one new section relating to the Missouri freedom to own lightbulbs act.

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

           Section A. Chapter 21, RSMo, is amended by adding thereto one new section, to be known as section 21.930, to read as follows:

           21.930. 1. This section shall be called and may be cited as the “Missouri Freedom to own Lightbulbs Act”.

           2. The general assembly declares that the authority for this section is the following:

           (1) Amendment X of the Constitution of the United States guarantees to the states and their people all powers not granted to the federal government elsewhere in the Constitution and reserves to the state and people of Missouri certain powers as they were understood at the time that Missouri was admitted to statehood. The guarantee of those powers is a matter of contract between the state and people of Missouri and the United States as of the time that the compact with the United States was agreed upon and adopted by Missouri and the United States;

           (2) Amendment IX of the Constitution of the United States guarantees to the people rights not granted in the Constitution and reserves to the people of Missouri certain rights as they were understood at the time that Missouri was admitted to statehood. The guarantee of those rights is a matter of contract between the state and people of Missouri and the United States as of the time that the compact with the United States was agreed upon and adopted by Missouri and the United States;

           (3) The regulation of intrastate commerce is vested in the states under Amendments IX and X of the Constitution of the United States, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of lightbulbs or lightbulb accessories;

           3. As used in this section, unless the context otherwise requires, the following terms shall mean:

           (1) “Generic and insignificant parts”, includes but is not limited to springs, screws, nuts, and pins;

           (2) “Lightbulb accessories”, items that are used in conjunction with a lightbulb but are not essential to the basic function of a lightbulb;

           (3) “Manufactured”, creating a lightbulb.

           4. A lightbulb or lightbulb accessory that is manufactured commercially or privately in Missouri and that remains within the borders of Missouri is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a lightbulb or lightbulb accessory that is manufactured in Missouri from basic materials and that can be manufactured without the inclusion of any significant parts imported into this state. Generic and insignificant parts that have other manufacturing or consumer product applications are not lightbulbs or lightbulb accessories, and their importation into Missouri and incorporation into a lightbulb or lightbulb accessory manufactured in Missouri does not subject the lightbulb or lightbulb accessory to federal regulation. It is declared by the legislature that basic materials are not lightbulbs or lightbulb accessories and are not subject to congressional authority to regulate lightbulbs or lightbulb accessories under interstate commerce as if they were actually lightbulbs or lightbulb accessories. The authority of congress to regulate interstate commerce in basic materials does not include the authority to regulate lightbulbs or lightbulb accessories made in Missouri from those materials. Lightbulb accessories that are imported into Missouri from another state and that are subject to federal regulation as being in interstate commerce do not subject a lightbulb to federal regulation under interstate commerce because they are attached to or used in conjunction with a lightbulb in Missouri.

           5. A lightbulb manufactured or sold in Missouri under the provisions of this section shall have the words “Made in Missouri” clearly stamped.

As if maybe energy efficient bulbs which in aggregate use significantly cut energy consumption and diminish America’s dependence on foreign energy sources is some kind of affront to an originalist interpretation of Constitution? I don’t know, your guess is as good as mine.

Ah, the usual “tenther” drivel. Interestingly, there are no co-sponsors listed for this bill. It would appear that there are a few republican members of the House with some small shred of self respect left.