Stopping Legislative Smuggling: Goldwater Challenges Missouri’s Catch-All ‘Public Safety’ Bill

The Article III Institute and a Missouri taxpayer filed suit against the state, challenging the constitutionality of a massive, 169-page “public safety” bill passed by the legislature. The bill, Senate Bill 754, was given a title stating it would repeal 21 sections of law and enact 29 new ones “in lieu thereof.”

However, the bill created several entirely new sections of law that were not replacements for the repealed ones and addressed topics unrelated to the statutes being repealed. For example, it created a new section establishing a “Cyber Crimes Task Force”—a topic nowhere hinted at in the bill’s title.

Missouri’s Constitution contains a “Clear Title” requirement, which states that “no bill shall contain more than one subject which shall be clearly expressed in its title.” This rule prevents legislative deception and ensures that both lawmakers and the public have fair notice of what a bill actually contains before it is passed.

The lawsuit argues SB 754 violates this constitutional rule in two ways: First, its title is impermissibly vague, using the term “public safety,” which the Missouri Supreme Court recently said is “too broad and amorphous” to provide meaningful notice of a bill’s contents. Second, its title is underinclusive, as it fails to notify readers that the bill would create new statutes that are unrelated to those being repealed.

The Goldwater Institute is litigating this case to enforce procedural rules that are fundamental to transparent and accountable government. When the legislature hides unrelated provisions in massive bills, it subverts the democratic process, preventing honest debate and informed public participation.

A victory will affirm that constitutional rules governing the legislative process are not mere technicalities but essential safeguards for the people. It will rein in the practice of deceptive bill titling and packing unrelated provisions into large bills, ensuring the public can trust that the lawmaking process is transparent and honest.