2008 Initiative Petitions
Approved for Circulation in Missouri

Amendment to Chapter 285 of the Revised Statutes of Missouri, Relating to Employees’ Paycheck, 2008-037



  Chapter 285, RSMo, is amended by adding thereto one new section, to be known as section 285.310, to read as follows;

285.310.  1.  This section shall be known as the "Protect Missouri Employee Paychecks from Politics Act".

2.   No public or private employer in this state shall deduct or facilitate the deduction of moneys from any employee's paycheck for political purposes without the express annual written permission of the employee.  As used in this section, moneys for "political purposes" shall mean:

(1)  Moneys used as a direct or independent expenditure in support of a candidate, a slate of candidates, or a political party for any public election;

(2)  Moneys used in support of or opposition to any referendum or voter initiative;

(3)  Moneys used for any contribution to a political action committee; or

(4)  Moneys used to support a political action committee or other group for the purpose of making such expenditures.

3.  If a deduction is made from an employee's paycheck for multiple purposes, the employer shall obtain from the entity to which the deducted moneys are directed a statement assuring that no moneys are used for political purposes or a statement of the maximum percentage of moneys that are used for political purposes.  The employer shall not deduct any moneys beyond those specified for nonpolitical purposes without the express annual written permission of the employee.

4.  Improper deductions for political purposes or inaccurate statements regarding the use of employer-collected moneys for political purposes shall be subject to a fine no greater than ten thousand dollars per occurrence.  The attorney general shall have the authority to issue reasonable regulations regarding the form of necessary permission from employees and statements by the entities deducting moneys from the employees' paychecks.

5.  This section shall not apply to deductions for employee benefits, pensions, savings, health plans, or charitable contributions.

6.  Nothing in this section is intended to or may be construed to preempt any requirement of federal law.

7.  This section shall be construed broadly to achieve its purposes.

8.  Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.  This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly under chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.