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.