1 | 1 | | |
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2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | SECOND REGULAR SESSION |
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5 | 5 | | SENATE BILL NO. 1066 |
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6 | 6 | | 102ND GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR BROWN (26). |
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8 | 8 | | 3885S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal section 290.528, RSMo, and to enact in lieu thereof one new section relating to the |
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11 | 11 | | preemption of local ordinances involving employment law. |
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12 | 12 | | |
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13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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14 | 14 | | Section A. Section 290.528, RSMo, is repealed and one new 1 |
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15 | 15 | | section enacted in lieu thereof, to be known as section 290.600, 2 |
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16 | 16 | | to read as follows:3 |
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17 | 17 | | [290.528.] 290.600. 1. As used in this section, the 1 |
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18 | 18 | | following terms shall mean: 2 |
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19 | 19 | | (1) "Employee", an individual employed in this state 3 |
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20 | 20 | | by an employer; 4 |
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21 | 21 | | (2) "Employer", any individual, sole proprietorship, 5 |
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22 | 22 | | partnership, limited liability company, corporation, or any 6 |
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23 | 23 | | other entity that is legally doing business in this state; 7 |
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24 | 24 | | except that, the term "employer" shall not include any 8 |
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25 | 25 | | public employer, as defined in section 285.525; 9 |
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26 | 26 | | (3) "Employment benefits", anything of value that an 10 |
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27 | 27 | | employee may receive from an employer in addition to wages 11 |
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28 | 28 | | and salary. The term includes, but is not limited to, 12 |
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29 | 29 | | health, disability, retirement, profit -sharing, and death 13 |
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30 | 30 | | benefits; group accidental death and dismemberment benefits; 14 |
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31 | 31 | | paid or unpaid days off from work for holidays, sick leave, 15 |
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32 | 32 | | vacation, and personal necessity; and terms of employment, 16 |
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33 | 33 | | attendance, or leave policies; 17 SB 1066 2 |
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34 | 34 | | (4) "Political subdivision", any municipality, special 18 |
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35 | 35 | | district, local governmental body, county, city, to wn, or 19 |
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36 | 36 | | village. 20 |
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37 | 37 | | 2. Notwithstanding any other provisions of law to the 21 |
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38 | 38 | | contrary, no political subdivision shall establish, mandate, 22 |
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39 | 39 | | or [otherwise require] enforce a policy, ordinance, or 23 |
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40 | 40 | | resolution adopted by the political subdivision that: 24 |
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41 | 41 | | (1) Requires an employer to provide to an employee: 25 |
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42 | 42 | | [(1)] (a) A minimum or living wage rate; or 26 |
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43 | 43 | | [(2)] (b) Employment benefits; 27 |
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44 | 44 | | that exceed state laws, rules, or regulations. Sections 28 |
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45 | 45 | | 290.500 to 290.530 shall preempt and nullify all political 29 |
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46 | 46 | | subdivision ordinances, rules, and regulations currently in 30 |
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47 | 47 | | effect or later enacted relating to the establishment or 31 |
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48 | 48 | | enforcement of a minimum or living wage or the provision of 32 |
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49 | 49 | | employment benefits that exceed state laws, rules, or 33 |
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50 | 50 | | regulations; 34 |
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51 | 51 | | (2) Regulates the information an employer or potential 35 |
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52 | 52 | | employer shall request, require, or exclude on an 36 |
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53 | 53 | | application for employment from an employee or prospective 37 |
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54 | 54 | | employee, provided that a policy, ordinance, or resolution 38 |
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55 | 55 | | adopted by the political subd ivision may require a criminal 39 |
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56 | 56 | | background check for an employee or prospective employee in 40 |
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57 | 57 | | connection with the receipt of a license or permit from the 41 |
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58 | 58 | | political subdivision; 42 |
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59 | 59 | | (3) Regulates work stoppage or strike activity of 43 |
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60 | 60 | | employers and its empl oyees or the means by which employees 44 |
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61 | 61 | | may organize; 45 |
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62 | 62 | | (4) Requires an employer to provide to an employee 46 |
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63 | 63 | | paid or unpaid leave time; 47 SB 1066 3 |
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64 | 64 | | (5) Regulates the hours and scheduling that an 48 |
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65 | 65 | | employer is required to provide to employees, provided that 49 |
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66 | 66 | | a policy, ordinance, or resolution adopted by the political 50 |
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67 | 67 | | subdivision may limit the hours during which a business may 51 |
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68 | 68 | | operate; 52 |
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69 | 69 | | (6) Requires an employer or its employees to 53 |
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70 | 70 | | participate in any educational apprenticeship or 54 |
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71 | 71 | | apprenticeship training pr ogram that is not required by 55 |
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72 | 72 | | state or federal law; 56 |
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73 | 73 | | (7) Regulates or creates administrative or judicial 57 |
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74 | 74 | | remedies for wage, hour, or benefit disputes, including, but 58 |
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75 | 75 | | not limited to, any benefits described in this subsection. 59 |
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76 | 76 | | 3. Nothing in this section shall prohibit a political 60 |
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77 | 77 | | subdivision from enacting a policy, ordinance, or resolution 61 |
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78 | 78 | | adopted by the political subdivision regulating employment 62 |
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79 | 79 | | discrimination pursuant to chapter 213. 63 |
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80 | 80 | | 4. No political subdivision shall through its 64 |
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81 | 81 | | purchasing or contracting procedures seek to control or 65 |
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82 | 82 | | affect the wages or employment benefits provided by its 66 |
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83 | 83 | | vendors, contractors, service providers, or other parties 67 |
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84 | 84 | | doing business with the political subdivision. A political 68 |
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85 | 85 | | subdivision shall not thr ough the use of evaluation factors, 69 |
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86 | 86 | | qualification of bidders, or otherwise award preferences on 70 |
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87 | 87 | | the basis of wages or employment benefits provided by its 71 |
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88 | 88 | | vendors, contractors, service providers, or other parties 72 |
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89 | 89 | | doing business with the political subdiv ision. 73 |
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90 | 90 | | |
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