Missouri HB 1559: Exempts certain schools from the state minimum wage law requirements.

Bill Text

SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 1559
100TH GENERAL ASSEMBLY
Reported from the Committee on Small Business and Industry, April 30, 2020, with recommendation that the Senate Committee
Substitute do pass.
ADRIANE D. CROUSE, Secretary.
3966S.02C
AN ACT
To repeal sections 287.067, 288.132, and 290.502, RSMo, section 288.036 as enacted
by house bill no. 150, ninety-eighth general assembly, first regular session,
section 288.036 as enacted by house bill no. 1456, ninety-third general
assembly, second regular session, section 288.060 as enacted by house bill no.
150, ninety-eighth general assembly, first regular session, and section 288.060
as enacted by house bill no. 163, ninety-sixth general assembly, first regular
session, and to enact in lieu thereof nine new sections relating the employee-
employer relationship, with a delayed effective date for certain sections.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 287.067, 288.132, and 290.502, RSMo, section 288.036
2 as enacted by house bill no. 150, ninety-eighth general assembly, first regular
3 session, section 288.036 as enacted by house bill no. 1456, ninety-third general
4 assembly, second regular session, section 288.060 as enacted by house bill no.
5 150, ninety-eighth general assembly, first regular session, and section 288.060 as
6 enacted by house bill no. 163, ninety-sixth general assembly, first regular session,
7 are repealed and nine new sections enacted in lieu thereof, to be known as
8 sections 285.050, 285.075, 287.067, 287.069, 288.036, 288.060, 288.132, 288.133,
9 and 290.502, to read as follows:
285.050. 1. Any employer may refuse to accommodate the use of
2 marijuana at the employer's place of business for any purpose allowed
3 by article XIV of the Missouri Constitution.
4 2. Any employer may institute a random drug-testing policy for
5 all employees of such employer and all prospective employees. Receipt
EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is
intended to be omitted in the law.

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6 of a positive drug test for marijuana may be considered grounds for
7 dismissal from employment in the case of an employee or, in the case
8 of a prospective employee, grounds for refusal of employment.
9 3. For purposes of this section, the following terms shall mean:
10 (1) "Employer", any person acting directly or indirectly in the
11 interest of an employer in relation to an employee, and shall include a
12 public governmental body;
13 (2) "Marijuana", the same meaning given in article XIV of the
14 Missouri Constitution;
15 (3) "Public governmental body", the same meaning given in
16 section 610.010.
285.075. 1. Notwithstanding any voluntary agreement entered
2 into between the United States Department of Labor and a franchisee
3 or a franchisor, neither a franchisee nor a franchisee's employee shall
4 be deemed to be an employee of the franchisor for any purpose, unless
5 the franchisor exercises direct and immediate control over the hiring,
6 termination, discipline, and direction of the franchisee's employees.
7 2. For purposes of this section, the terms "franchisee" and
8 "franchisor" shall have the same meaning as in 16 C.F.R. 436.1.
287.067. 1. In this chapter the term "occupational disease" is hereby
2 defined to mean, unless a different meaning is clearly indicated by the context,
3 an identifiable disease arising with or without human fault out of and in the
4 course of the employment. Ordinary diseases of life to which the general public
5 is exposed outside of the employment shall not be compensable, except where the
6 diseases follow as an incident of an occupational disease as defined in this
7 section. The disease need not to have been foreseen or expected but after its
8 contraction it must appear to have had its origin in a risk connected with the
9 employment and to have flowed from that source as a rational consequence.
10 2. An injury or death by occupational disease is compensable only if the
11 occupational exposure was the prevailing factor in causing both the resulting
12 medical condition and disability. The "prevailing factor" is defined to be the
13 primary factor, in relation to any other factor, causing both the resulting medical
14 condition and disability. Ordinary, gradual deterioration, or progressive
15 degeneration of the body caused by aging or by the normal activities of day-to-day
16 living shall not be compensable.
17 3. An injury due to repetitive motion is recognized as an occupational

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18 disease for purposes of this chapter. An occupational disease due to repetitive
19 motion is compensable only if the occupational exposure was the prevailing factor
20 in causing both the resulting medical condition and disability. The "prevailing
21 factor" is defined to be the primary factor, in relation to any other factor, causing
22 both the resulting medical con