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Bill > HB602


MO HB602

MO HB602
Subjects exercise of emergency powers by state or local officials to strict scrutiny review


summary

Introduced
01/06/2021
In Committee
03/09/2021
Crossed Over
Passed
Dead
05/14/2021

Introduced Session

Potential new amendment
2021 Regular Session

Bill Summary

AN ACT To amend chapter 1, RSMo, by adding thereto one new section relating to emergency orders.

AI Summary

This bill subjects the exercise of emergency powers by state or local officials in Missouri to strict scrutiny review. Key provisions include: (1) Emergency orders that infringe on individual rights must be narrowly tailored to serve a compelling public health or safety interest and limited in duration, applicability, and scope; (2) State courts have jurisdiction to expeditiously hear challenges to the lawfulness of such orders, including claims of unequal application; (3) Only the governor may issue emergency orders that substantially impact constitutional rights, such as the right to travel, work, assemble, or buy firearms, and such orders expire after 30 days unless terminated earlier or extended by the legislature. The bill also clarifies that it does not grant additional emergency powers to officials, and allows them to issue nonbinding recommendations and coordinate public-private action.

Committee Categories

Business and Industry, Government Affairs

Sponsors (1)

Last Action

Placed Back on Formal Perfection Calendar (on 05/11/2021)

bill text


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