The proposed bill, known as the "Missouri Entrepreneurial Freedom Restoration Act," aims to amend chapter 1 of the Revised Statutes of Missouri by adding a new section that emphasizes the right of individuals to pursue their chosen business interests, occupations, trades, or professions without excessive government interference. The bill asserts that this right is fundamental and deeply rooted in Missouri's history and tradition, as well as in the U.S. Constitution. It highlights the negative impact of overly burdensome government restrictions on economic growth and job creation, and it calls for heightened judicial review of such restrictions to ensure they are justified and necessary for public health, safety, or welfare.
Additionally, the bill provides individuals with the ability to assert claims in court if their right to earn a living is unlawfully burdened by government actions. It establishes that government restrictions must meet specific criteria to be deemed valid, including demonstrating that they are the least restrictive means to achieve their stated purpose. The bill also waives sovereign immunity for nominal damages up to one dollar for violations of this section, holding government officials personally liable for unlawfully burdening the right to earn a living. Overall, the legislation seeks to enhance protections for individuals against government overreach in their professional pursuits.
Statutes affected: Introduced (6749H.01):
1.340