Missouri HB 417: Creating incentives for the purpose of encouraging certain individuals to obtain employment-related skills.

Bill Text

FIRST REGULAR SESSION
[TRULYAGREED TO AND FINALLY PASSED]
SENATE SUBSTITUTE FOR
SENATE COMMITTEE SUBSTITUTE FOR
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 417
102ND GENERAL ASSEMBLY
1211S.10T 2023
AN ACT
To repeal sections 160.2705, 160.2720, 160.2725, 173.280, 335.200, 335.203, 335.212,
335.215, 335.218, 335.221, 335.224, 335.227, 335.230, 335.233, 335.236, 335.239,
335.242, 335.245, 335.248, 335.251, 335.254, 335.257, 340.341, 340.345, 340.381,
340.384, and 340.387, RSMo, and to enact in lieu thereof sixteen new sections
relating to creating incentives for the purpose of encouraging certain individuals to
obtain employment-related skills, and an emergency clause for a certain section.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 160.2705, 160.2720, 160.2725, 173.280, 335.200, 335.203,
2 335.212, 335.215, 335.218, 335.221, 335.224, 335.227, 335.230, 335.233, 335.236, 335.239,
3 335.242, 335.245, 335.248, 335.251, 335.254, 335.257, 340.341, 340.345, 340.381, 340.384,
4 and 340.387, RSMo, are repealed and sixteen new sections enacted in lieu thereof, to be
5 known as sections 105.1600, 135.457, 160.2705, 160.2720, 160.2725, 173.280, 191.592,
6 335.200, 335.203, 335.205, 340.341, 340.345, 340.381, 340.384, 340.387, and 620.2500, to
7 read as follows:
105.1600. 1. For the purposes of this section, the following terms mean:
2 (1) "Applicant", any individual seeking gainful employment from a state
3 agency;
4 (2) "Baseline requirement", the minimum skills, prior training, or prior
5 experience required to satisfactorily perform the primary duties of a position;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

6 (3) "Direct experience", any verifiable, previous work experience during which:
7 (a) The applicant's primary duties were consistent with the position currently
8 sought; or
9 (b) The skills required to meet those primary duties are transferable to the
10 position currently sought;
11 (4) "Hiring consideration", any and all of the following:
12 (a) A decision to move an applicant to a subsequent round in the hiring process;
13 (b) Adecisiontoincludetheapplicantonalistofapplicantsforconsiderationby
14 another member of the employer's team;
15 (c) A decision to offer an applicant an interview;
16 (d) An interview held in good faith between the employer and the applicant; and
17 (e) A final offer of employment;
18 (5) "Postsecondary degree", an associate's, bachelor's, or graduate degree from
19 an institution of higher education;
20 (6) "State agency", the same meaning as in section 36.020.
21 2. (1) Forallhiringconsiderations,stateagenciesshallnotdenyconsiderationto
22 an applicant solely on the basis of the applicant lacking a postsecondary degree.
23 (2) For all hiring considerations, state agencies shall determine baseline
24 requirements for applicants.
25 (3) State agencies may include prior directexperience and particularcertificates
26 and courses as baseline requirements, but may not include a postsecondary degree as a
27 baseline requirement.
28 3. This section shall not apply in the case of the following positions with a state
29 agency:
30 (1) Those for which a clear demonstration is made that the duties of the position
31 require a postsecondary degree. For such positions, the state agency shall dedicate a
32 portion of the job posting to substantiating the necessity of a specific postsecondary
33 degree, on the basis that:
34 (a) The postsecondary degree is the best measure to determine an applicant
35 possesses specific skills; or
36 (b) The position requires advanced accreditation or licensure which is only
37 available to holders of specific postsecondary degrees;
38 (2) Those for which a professional or occupational license is required pursuant
39 to state law; and
40 (3) Any position as a director with a state agency.
41 4. Nothing in this section shall apply to appointments made or other positions
42 hired by elected officials.
SS SCS HCS HB 417 2

43 5. (1) This act shall be enforced by the department of labor and industrial
44 relations. Applicants eliminated from hiring consideration solely because the applicant
45 lacks a postsecondary degree may appeal this decision to the labor and industrial
46 relations commission.
47 (2) Any person may report open positions with state agencies that require a
48 postsecondary degree and fail to include an explanation as required pursuant to this
49 section.
50 (3) If an appeal or report is substantiated, the labor and industrial relations
51 commission shall require the state agency to reopen the hiring process, require the state
52 agency to modify the job posting, and take other action as necessary to comply with this
53 section.
135.457. 1. This section shall be known and may be cited as the "Intern and
2 Apprentice Recruitment Act".
3 2.