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Legislation #: 150754 Introduction Date: 9/3/2015
Type: Resolution Effective Date: none
Sponsor: COUNCILMEMBER REED
Title: Expressing opposition to Missouri House Bill 722, a legislative action recently vetoed by Governor Nixon that intrudes on local control; and directing the City Clerk to provide copies to the appropriate officials.

Legislation History
DateMinutesDescription
9/2/2015 Filed by the Clerk's office
9/3/2015 Referred to Legislative Committee
9/8/2015 Immediate Adoption
9/10/2015 Adopted

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150754 PRESENTATION.pdf Other 244K 150754 Presentation
150754.pdf Authenticated 226K Authenticated

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RESOLUTION NO. 150754

 

Expressing opposition to Missouri House Bill 722, a legislative action recently vetoed by Governor Nixon that intrudes on local control; and directing the City Clerk to provide copies to the appropriate officials.

 

WHEREAS, the citizens of the State of Missouri have established a multi-part governmental structure comprised of state and local units with differing responsibilities and abilities with respect to the residents of the entity; and

 

WHEREAS, historically, certain areas of control were assigned to the state or to local units of government depending upon the government’s ability to properly meet a statewide or a local need; and

 

WHEREAS, to meet the needs and desires of its citizens, in 1875 Missouri became the first state to allow for the right of the voters to form home rule cities through a Constitutional provision, and the voters have since enjoyed the benefits of local home rule, allowing residents to fashion the type of communities they desire; and

 

WHEREAS, in 1971 the voters of Missouri amended the Constitution to allow more communities to become home rule cities and enjoy the benefits of same; and

 

WHEREAS, in 1889 when local voters elected to affirmatively select a charter city form of government under the Missouri Constitution, they became entitled to certain rights of self-determination; and

 

WHEREAS, the City of Kansas City is a Constitutional Charter City and its residents are entitled through their elected leaders to exercise all powers consistent with the Constitution and state law of Missouri; and

 

WHEREAS, the General Assembly has the ability to infringe upon the local control of municipalities, but each time it does the rights of local voters and residents are diminished; and

 

WHEREAS, the General Assembly continues to enact legislation which diminishes the ability of residents to act in their own best interests through their locally elected officials, and most particularly Charter Cities, and to tailor the community and government they desire; and

 

WHEREAS, the General Assembly has in recent years enacted legislation that preempts local voter control over their own communities and Senate Substitute No. 2 for House Committee Substitute for House Bill No. 722 is an example of such legislation; and

 

WHEREAS, the Governor has vetoed HB 722, but it is possible the General Assembly may consider an override of the veto; and

 

WHEREAS, HB 722 broadly restricts local policies that could dramatically decrease poverty and improve the quality of life for families, because HB 722 states that “no political subdivision shall establish, mandate, or otherwise require an employer to provide to an employee: 1) a minimum or living wage rate; or 2) employment benefits; and

 

WHEREAS, the broad definition of “benefits” in this bill creates significant barriers for the implementation key economic development tools and workplace safety measures in Kansas City because HB 722 could be broadly read by some to undermine many kinds of workplace protections and employment standards, such as requiring contractors working on public works projects to participate in apprenticeship programs, ordinances related to residency, ordinances related to minority hiring and training, ordinances that require employers to maintain appropriate industrial accident insurance coverage for employees, and ordinances relating to the misclassification of employees as independent contractors; and

 

WHEREAS, the Council of Kansas City has recently passed Committee Substitute for Ordinance No. 150217, As Amended, enacting a new Article IV, Chapter 38, Code of Ordinances, entitled “Minimum Wage” to establish a municipal minimum wage of $8.50 per hour on August 24, 2015, to increase that municipal minimum wage to $13.00 per hour by January 1, 2020, to be increased or decreased by the cost of living January 1, 2021 and each year thereafter, and this ordinance could be directly undermined by passage of HB 722; and

 

WHEREAS, the residents and voters of the Charter City of Kansas City have a distinct interest in whether or not legislation such as HB 722 becomes law or similar bills continue to be introduced, amended and enacted which strip away areas of authority that are best left to local control by those closest to, and selected by, the local voters; NOW, THEREFORE

 

BE IT RESOLVED BY THE COUNCIL OF KANSAS CITY;

 

Section 1. That the City Council hereby states and reaffirms its support for the rights to self-determination in all areas of local concern for the voters and residents of Kansas City, a Constitutional Charter City.

 

Section 2. That the City Council hereby requests the General Assembly to honor the intent of the Missouri Constitution on home rule contained in the Missouri Constitution, as well as Missouri’s long history of local governance, and not enact legislation which impinges and diminishes the peoples’ rights of self-governance at the local level.

 

Section 3. That the City Council hereby requests that the General Assembly recognize the right of the people to self-governance by not acting to override the gubernatorial veto of HB 722.

 

Section 4. That the City Clerk is hereby directed to provide copies of this resolution to the leadership of the General Assembly and the local area State Representatives and Senators.

 

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