Previously:

HB 826: the wrath of grapes (February 4, 2015)

HB 826 : the wrath of grapes – part 2 (February 6, 2015)

Evidently Representative Joe Don McGaugh (r) reads Show Me Progress, but he doesn’t appear to understand how this Internets blog thing works. Last night he sent a follow up e-mail to the individual who made an inquiry about HB 826 (again, forwarded to us from the individual who it was addressed to):

Subject: Re: HB 826

Date: 2/6/15 7:02:50 PM

From: “JoeDon McGaugh” JoeDon.McGaugh@house.mo.gov

To: [….]

Next time you are going to publish our emails let me know and I will give you something good to drive traffic to your site.

Have a good weekend.

JDM

That seems to be a might testy.

Here’s the thing – Show Me Progress is not the blog or “site” of the individual who engaged Representative McGaugh (r). Show Me Progress does have registered users who can post (if they conform to our user guidelines) to this site – their posts usually appear in a column on the right. On rare occasions their posts may be promoted to the front page. If this occurs that still does not make it their site. Even then, in this particular instance, the individual who engaged Representative McGaugh (r) did not post the exchange here. This person did forward the e-mails to us and we in turn wrote a post (as we do) and posted it to our site.

The registered user model is quite common on the Internets. For example, the individual who engaged Representative McGaugh (r) did post the same e-mail exchange at the Great Orange Satan, a national blog:

Fri Feb 06, 2015 at 01:04 PM PST

A report from a Laboratory of Democracy: Missouri

by MoDem

[….]

My spouse of thirty-two years is not a “verified United States citizen.” I was interested in knowing why this representative wants to prevent my spouse from ever producing wine or harvesting grapes to produce wine.

I had to find out.

[….]

One might note that even though the individual actively posted as a registered user to that national blog it is still not their “site”.

Our Missouri elected representatives constantly engage with the people of this state. That’s as it should be. In this day and age an elected official who expects that any exchange with a citizen on a public matter will not become public is naive. Representative McGaugh tapped “send” more than once on e-mails  addressed to a citizen inquiring about a public issue. It’s the twenty-first century.

Finally, Representative McGaugh (r) still doesn’t appear too concerned about the effect of sloppy language in legislation. That inexact language in the bill was the point of the original post. The California egg stuff revealed by Representative McGaugh (r) in the e-mail exchanges was just a bonus.

Previously:

HB 826: the wrath of grapes (February 4, 2015)

….2. No domestic wine shall be sold at retail in the state unless it has been certified as having been produced by and with grapes harvested by verified United States citizens….

[emphasis in original]

At the U.S. Department of Homeland Security:

U.S. Citizenship

If you meet certain requirements, you may become a U.S. citizen either at birth or after birth.

To become a citizen at birth, you must:

   Have been born in the United States or certain territories or outlying possessions of the United States, and subject to the jurisdiction of the United States; OR    

   had a parent or parents who were citizens at the time of your birth (if you were born abroad) and meet other requirements

To become a citizen after birth, you must:

   Apply for “derived” or “acquired” citizenship through parents

   Apply for naturalization

Okay.

We received copies of the following e-mail conversation from the individual who initiated it:

On Feb 5, 2015, at 10:52 PM [….]

Dear Representative McGaugh,

Why do you want to make it impossible for my spouse, who lives in the US legally, to produce wine that can be sold in Missouri?

[….]

We wondered about that concept, too.

The first response from Representative McGaugh (r):

Subject: Re: HB 826

Date: 2/5/15 10:58:17 PM

From: “JoeDon McGaugh” JoeDon.McGaugh@house.mo.gov

To: [….]

If your spouse lives legally in the US I don’t see what the issue is. If you are using unverified workers to produce wine and pick grapes that will be another issue.

Thanks. JDM

A follow up of the inquiry:

On Feb 6, 2015, at 6:50 AM [….]

Representive McGaugh,

You have not read the language of your bill.  Reread it again and tell me how your bill excludes my spouse who is not a US citizen.

[….]

That’s what we read, too.

But wait, there’s more from Representative McGaugh:

On Fri, Feb 6, 2015 at 6:56 AM [JoeDon McGaugh]

If she is here legally she would be verified. That is my intention. Verified workers covers lawful permanent residents and if not we will change it.

If California can tell us how to humanely raise our livestock we can tell them how they must produce their wine.

I am sure Chris Koster will be supportive given his federal lawsuit challenging California’s actions.

Thanks again.

JDM

Wait a minute, the bill [pdf] language makes no reference to “lawful permanent residents”.

This is all about egg retaliation? Really?

And still more in the inquiry

On Feb 6, 2015, at 9:05 AM [….]

Here is the language in your legislation:

2. No domestic wine shall be sold at retail in the state unless it has been certified as having been produced by and with grapes harvested by verified United States citizens.

My spouse is in this country legally, but she is NOT a “verified United States citizen.”

With all due respect, do you understand what “citizen” means?  Do you understand there are people living and working in the US, legally, and are not citizens, verified or not verified?

I appreciate your responding to my inquiries.

[….]

And the final response from Representative McGaugh (r):

Subject: Re: HB 826

Date: 2/6/15 10:00:16 AM

From: “JoeDon McGaugh” JoeDon.McGaugh@house.mo.gov

To: [….]

http://www.uscis.gov/e-verify

My idea was to have the Dept of Ag verify like the E-verify system.

Again my intent is to not disqualify any lawfully present citizens. Only those businesses who are bad actors.

JDM

What on earth is a “lawfully present citizen”? Anyone? Anyone?

Did anyone ask if they’d like some whine with their legislation?

A bill, introduced today by Representative Joe Don McGaugh (r):

FIRST REGULAR SESSION

HOUSE BILL NO. 826 [pdf]

98TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE MCGAUGH.

1793H.01I D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapter 311, RSMo, by adding thereto one new section relating to certification of wine as produced by verified citizens.

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

Section A. Chapter 311, RSMo, is amended by adding thereto one new section, to be known as section 311.475, to read as follows:

311.475. 1. For purposes of this section, the term “domestic wine” shall mean any wine produced with grapes harvested in the United States.

2. No domestic wine shall be sold at retail in the state unless it has been certified as having been produced by and with grapes harvested by verified United States citizens.

3. The department of agriculture shall promulgate rules and regulations to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, 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 and, if applicable, section 536.028. This section and chapter 536 are nonseverable, and if any of the powers vested with the general assembly pursuant to chapter 536 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, 2015, shall be invalid and void.

[emphasis in original]

“…No domestic wine shall be sold at retail in the state unless it has been certified as having been produced by and with grapes harvested by verified United States citizens…”

Think about that for a second. By the way, there are Lawful Permanent Residents in the United States.

This is going to become a much quoted classic line in the history of Missouri politics:

I-Team: Sen. Jim Lembke says his vote can’t be bought with cheeseburgers

11:41 PM, Feb 23, 2012

“….My position is that I can’t be influenced by someone buying me a cheeseburger,” said Lembke, who sat down with NewsChannel 5 for a lengthy interview.

But it wasn’t all cheeseburgers.

In 2011, lobbyists reported giving Sen. Lembke 107 meals and gifts, including a $350 golf outing paid for by AT&T. The Plumbers and Pipefitters Local #562 bought him a meal for $100. Another lobbyist bought him a $120 bottle of wine….

[emphasis added]

The cheeseburger part, that is.

It’s been a good week, eh?:

Conservative Local Lawmakers Left Behind by Redistricting

Jordan Shapiro

February 23, 2012 6:00 PM

….Sen. Jim Lembke, R-St. Louis County, would still live within his current district, but would be facing a more Democratic leaning electorate. Like Cunningham, Lembke’s term expires this year.

“I am very surprised and disappointed,” Lembke said….

As if redistricting is supposed to protect incumbents? This couldn’t have happened to a more deserving person.

And all sorts of folks are piling on.

If you want a friend in politics, get a dog.