Cunningham bill challenges governor's special session power

State Sen. Jane Cunningham's special session effort to modify the controversial "social media" language in a bill Missouri lawmakers passed last spring, may not be constitutional.

But Cunningham told senators Tuesday afternoon that a 1922 state Supreme Court decision gives her the leeway to propose a different idea from the governor's plan.

Missouri's Constitution says the governor "may convene the general assembly by proclamation" for special sessions, telling lawmakers "specifically each matter on which action is deemed necessary."

Nixon on Tuesday asked lawmakers to repeal the controversial language, which Cole County Circuit Judge Jon Beetem has blocked temporarily, as part of his consideration of a lawsuit filed last month by the Missouri State Teachers Association challenging the section's constitutionality.

Nixon also said: "This matter is limited to the repeal of (the) subsections ... and should not be construed to allow or permit amendments. ..."

But Cunningham, R-Chesterfield, introduced a bill that modifies the language in that section, repealing only the subsection that has the social media language in it.