SECOND REGULAR SESSION
HOUSE BILL NO. 1163
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES SOMMER (Sponsor) AND ENGLISH (Co-sponsor).
4453H.01I D. ADAM CRUMBLISS, Chief Clerk
To amend chapter 21, RSMo, by adding thereto one new section relating to states rights to limit the commerce clause from controlling goods produced or manufactured in Missouri.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 21, RSMo, is amended by adding thereto one new section, to be known as section 21.950, to read as follows:
21.950. 1. This section shall be called and may be known as the "Intrastate Commerce Act".
2. The general assembly declares that the authority for this section is the following:
(1) The regulation of intrastate commerce is vested in the states under Amendments IX and X of the Constitution of the United States;
(2) Amendment IX of the Constitution of the United States guarantees to the people rights not enumerated in the Constitution and reserves to the people those rights;
(3) Amendment X of the Constitution of the United States codifies in law that the only powers which the federal government may exercise are those that have been delegated to it in the Constitution.
3. As used in this section, unless the context otherwise requires, the following terms mean:
(1) "Basic materials or parts", raw materials physically and directly associated with the finished product in the manufacturing process;
(2) "Goods", all real or personal, tangible or intangible property;
(3) "Produced", grown, mined, extracted, or created.
4. All goods produced or manufactured, whether commercially or privately, within the boundaries of this state that are held, maintained, or retained within the boundaries of this state shall not be deemed to have traveled in interstate commerce and shall not be subject to federal law, federal regulation, or the authority of the Congress of the United States under its constitutional power to regulate commerce. This section shall apply to goods that are manufactured within this state from basic materials or parts. The authority of the Congress of the United States to regulate interstate commerce in basic materials or parts shall not include the authority to regulate goods manufactured within this state from such materials or parts.
5. This section shall not apply to the following:
(1) Goods manufactured within this state unless the words "Made in Missouri" are clearly stamped or marked on an integral part of the good;
(2) Goods produced within this state unless the words "Product of Missouri" are clearly stamped or marked on the container or packaging; or
(3) Goods ordered, procured, or purchased by the United States government or by any contractor under an agreement with the United States government.