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MO HB3082
Bill
Status
1/22/2026
Primary Sponsor
Michael Davis
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AI Summary
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Declares the right to earn a living in any business, occupation, trade, or profession free from arbitrary government interference as a fundamental right under Missouri law
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Requires government to prove by clear and convincing evidence that any restriction on earning a living is necessary to protect public health, safety, or welfare, uses the least restrictive means available, and cannot be achieved through voluntary certification or less restrictive alternatives
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Prohibits economic protectionism as a valid justification for occupational restrictions, defining "welfare" narrowly to exclude protecting businesses from competition
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Allows individuals to sue state and local governments for violating this section without first applying for or being denied an occupational license, with courts authorized to award declaratory relief, injunctions, nominal damages, and attorney's fees
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Waives sovereign immunity and qualified immunity for nominal damages up to one dollar per claim against government officials who unlawfully burden the right to earn a living
Legislative Description
Establishes the Missouri Entrepreneurial Freedom Restoration Act
Last Action
Read Second Time (H)
1/27/2026