Bill > SB1439

This bill creates the "Missouri Entrepreneurial Freedom Restoration Act", which establishes a robust legal framework to protect individuals' fundamental right to earn a living by restricting government interference in professional and occupational pursuits. The act declares that the right to pursue a chosen business, trade, or profession free from arbitrary government restrictions is a fundamental right, and it requires courts to apply heightened judicial review to government regulations that burden this right. Under the bill, state and local governments can only impose restrictions on earning a living if they can demonstrate through clear and convincing evidence that such restrictions are necessary to protect public health, safety, or welfare, are the least restrictive means to achieve their purpose, and cannot be achieved through less restrictive alternative mechanisms. The act allows individuals to challenge government restrictions through legal claims or defenses, potentially receiving declaratory, injunctive, or equitable relief, and mandates that courts award reasonable attorney fees to those who prove a violation. Notably, the bill explicitly states that economic protectionism is never a valid government interest and that "welfare" cannot be used to protect businesses from competition. The legislation also waives sovereign immunity for nominal damages and provides standing for individuals to challenge restrictions even before they have been directly impacted by them.

Government Affairs

https://www.senate.mo.gov/26info/BTS_Web/Bill.aspx?SessionType=R&BillID=19781