Joyce: HB 331, 345 Unconstitutional

The two major telecommunications bills of last session – HB 331 and HB 345 – were ruled unconstitutional by Circuit Court Judge Patricia Joyce.

 

She rules that they violated the single subject rule.  In particular the pole attachment provision and the railroad right of way provision were outside the title and original purpose of the bill.

 

Observers felt like it was a pretty strict interpretation of that constitutional rule, and wondered if it stands – the Supreme Court will presumably weigh in – how it might change law-making in Jefferson City.

 

One reader writes, “I have to think that this precedent, if allowed to stand, will forever change how   the General Assembly operates. Will any amendment ever be germane going forward?”

 

Originally in October 18 MOScout.