Shown verbatim: the complete text as captured from the official PDF posted by the Missouri General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
FIRST REGULAR SESSION
[TRULY AGREED TO AND FINALLY PASSED]
HOUSE COMMITTEE SUBSTITUTE FOR
SENATE SUBSTITUTE FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 71
103RD GENERAL ASSEMBLY
2025
1178H.08T
AN ACT
To repeal sections 43.546, 70.630, 70.655, 70.680, 70.690, 70.745, 70.746, 70.747, 86.200,
87.140, 87.145, 87.260, 105.688, 191.227, 210.482, 210.487, 287.243, 292.606,
569.170, and 590.060, RSMo, and to enact in lieu thereof sixty-four new sections
relating to public safety, with penalty provisions and an emergency clause for a certain
section.
Be it enacted by the General Assembly of the State of Missouri, as follows:
1 Section A. Sections 43.546, 70.630, 70.655, 70.680,
2 70.690, 70.745, 70.746, 70.747, 86.200, 87.140, 87.145, 87.260,
3 105.688, 191.227, 210.482, 210.487, 287.243, 292.606, 569.170,
4 and 590.060, RSMo, are repealed and sixty-four new sections
5 enacted in lieu thereof, to be known as sections 43.546, 70.630,
6 70.655, 70.680, 70.690, 70.745, 70.746, 70.747, 70.748, 86.200,
7 87.140, 87.145, 87.260, 105.688, 168.014, 173.2655, 173.2660,
8 190.106, 191.227, 208.222, 209.324, 210.482, 210.487, 287.243,
9 292.606, 301.551, 324.055, 324.129, 324.246, 324.488, 324.1105,
10 326.257, 330.025, 331.025, 332.015, 334.015, 334.403, 334.501,
11 334.701, 334.739, 334.805, 335.022, 335.042, 336.025, 337.018,
12 337.308, 337.501, 337.605, 337.702, 338.052, 339.015, 339.510,
13 345.016, 374.711, 436.225, 443.702, 476.802, 484.125, 569.170,
EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
HCS SS SCS SB 71 2
14 569.175, 590.060, 640.011, 650.900, and 650.910, to read as
15 follows:
1 43.546. 1. Any state agency, board, or commission may
2 require the fingerprinting of applicants in specified
3 occupations or appointments within the state agency, board,
4 or commission for the purpose of positive identification and
5 receiving criminal history record information when
6 determining an applicant's ability or fitness to serve in
7 such occupation or appointment.
8 2. In order to facilitate the criminal background
9 check under subsection 1 of this section on any person
10 employed or appointed by a state agency, board, or
11 commission, [and in accordance with section 43.543,] the
12 applicant or employee shall submit a set of fingerprints
13 collected under the standards determined by the Missouri
14 highway patrol. The fingerprints and accompanying fees,
15 unless otherwise arranged, shall be forwarded to the highway
16 patrol to be used to search the state criminal history
17 repository and the fingerprints shall be forwarded to the
18 Federal Bureau of Investigation for a national criminal
19 background check under section 43.540. Notwithstanding the
20 provisions of section 610.120 to the contrary, all records
21 related to any criminal history information discovered shall
22 be accessible and available to the state agency making the
23 request.
1 70.630. 1. The membership of the system shall include
2 the following persons:
3 (1) All employees who are neither policemen nor
4 firemen who are in the employ of a political subdivision the
5 day preceding the date such political subdivision becomes an
6 employer and who continue in such employ on and after such
7 date shall become members of the system.
HCS SS SCS SB 71 3
8 (2) All persons who become employed by a political
9 subdivision as neither policemen nor firemen on or after the
10 date such political subdivision becomes an employer shall
11 become members of the system.
12 (3) If his employing political subdivision has elected
13 to cover present and future policemen, all policemen who are
14 in the employ of a political subdivision the day preceding
15 the date such political subdivision covers policemen
16 hereunder and who continue in such employ as a policeman on
17 and after such date, and all persons who become employed by
18 a political subdivision as a policeman on or after the date
19 the political subdivision covers policemen shall become
20 members of the system.
21 (4) If his employing political subdivision has elected
22 to cover only future policemen, all persons who become
23 employed by a political subdivision as a policeman on or
24 after the date such political subdivision covers policemen
25 hereunder shall become members of the system.
26 (5) If his employing political subdivision has elected
27 to cover present and future firemen, all firemen who are in
28 the employ of a political subdivision the day preceding the
29 date such political subdivision covers firemen hereunder and
30 who continue in such employ as a fireman on and after such
31 date, and all persons who become employed by a political
32 subdivision as a fireman on or after the date the political
33 subdivision covers firemen hereunder shall become members of
34 the system.
35 (6) If his employing political subdivision has elected
36 to cover only future firemen, all persons who become
37 employed by a political subdivision as a fireman on or after
38 the date such political subdivision covers firemen hereunder
39 shall become members of the system.
HCS SS SCS SB 71 4
40 2. [In no event shall an employee become a member if
41 continuous employment to time of retirement will leave the
42 employee with less than minimum number of years of credited
43 service specified in section 70.645.
44 3.] In any case of question as to the system
45 membership status of any person, the board shall decide the
46 question.
1 70.655. 1. Upon a member's retirement he or she shall
2 receive an allowance for life in accordance with the
3 applicable benefit program elected by the member's employer,
4 as follows:
5 (1) Benefit program L-1. A member with credited
6 service covered by benefit program L-1 shall receive an
7 allowance for life equal to one percent of the member's
8 final average salary multiplied by the number of years of
9 such credited service;
10 (2) Benefit program L-3. A member with credited
11 service covered by benefit program L-3 shall receive an
12 allowance for life equal to one and one-quarter percent of
13 the member's final average salary multiplied by the number
14 of years of such credited service;
15 (3) Benefit program LT-4. A member with credited
16 service covered by benefit program LT-4 shall receive an
17 allowance for life equal to one percent of the member's
18 final average salary multiplied by the number of years of
19 such credited service. In addition, if such member is
20 retiring as provided in section 70.645 or section 70.650 or
21 section 70.670, and if such member's age at retirement is
22 younger than age sixty-two, then such member shall receive a
23 temporary allowance equal to one percent of the member's
24 final average salary multiplied by the number of years of
25 such credited service. Such temporary allowance shall
HCS SS SCS SB 71 5
26 terminate at the end of the calendar month in which the
27 earlier of the following events occurs: such member's
28 death; or the member's attainment of age sixty-two;
29 (4) Benefit program LT-5. A member with credited
30 service covered by benefit program LT-5 shall receive an
31 allowance for life equal to one and one-quarter percent of
32 the member's final average salary multiplied by the number
33 of years of such credited service. In addition, if such
34 member is retiring as provided in section 70.645 or section
35 70.650 or section 70.670, and if such member's age at
36 retirement is younger than age sixty-two, then such member
37 shall receive a temporary allowance equal to three-quarters
38 of one percent of the member's final average salary
39 multiplied by the number of years of such credited service.
40 Such temporary allowance shall terminate at the end of the
41 calendar month in which the earlier of the following events
42 occurs: such member's death; or the member's attainment of
43 age sixty-two;
44 (5) Benefit program L-6. A member with credited
45 service covered by benefit program L-6 shall receive an
46 allowance for life equal to two percent of the member's
47 final average salary multiplied by the number of years of
48 such credited service;
49 (6) Benefit program L-7. A member with credited
50 service covered by benefit program L-7 shall receive an
51 allowance for life equal to one and one-half percent of the
52 member's final average salary multiplied by the number of
53 years of such credited service;
54 (7) Benefit program LT-8. A member with credited
55 service covered by benefit program LT-8 shall receive an
56 allowance for life equal to one and one-half percent of the
57 member's final average salary multiplied by the number of
HCS SS SCS SB 71 6
58 years of such credited service. In addition, if such member
59 is retiring as provided in section 70.645 or section 70.650
60 or section 70.670, and if such member's age at retirement is
61 younger than age sixty-two, then such member shall receive a
62 temporary allowance equal to one-half of one percent of the
63 member's final average salary multiplied by the number of
64 years of such credited service. Such temporary allowance
65 shall terminate at the end of the calendar month in which
66 the earlier of the following events occurs: such member's
67 death; or the member's attainment of age sixty-two;
68 (8) Benefit program LT-4(65). A member with credited
69 service covered by benefit program LT-4(65) shall receive an
70 allowance for life equal to one percent of the member's
71 final average salary multiplied by the number of years of
72 such credited service. In addition, if such member is
73 retiring as provided in section 70.645 or section 70.650 or
74 section 70.670, and if such member's age at retirement is
75 younger than age sixty-five, then such member shall receive
76 a temporary allowance equal to one percent of the member's
77 final average salary multiplied by the number of years of
78 such credited service. Such temporary allowance shall
79 terminate at the end of the calendar month in which the
80 earlier of the following events occurs: such member's death;
81 or the member's attainment of age sixty-five;
82 (9) Benefit program LT-5(65). A member with credited
83 service covered by benefit program LT-5(65) shall receive an
84 allowance for life equal to one and one-quarter percent of
85 the member's final average salary multiplied by the number
86 of years of such credited service. In addition, if such
87 member is retiring as provided in section 70.645 or section
88 70.650 or section 70.670, and if such member's age at
89 retirement is younger than age sixty-five, then such member
HCS SS SCS SB 71 7
90 shall receive a temporary allowance equal to three-quarters
91 of one percent of the member's final average salary
92 multiplied by the number of years of such credited service.
93 Such temporary allowance shall terminate at the end of the
94 calendar month in which the earlier of the following events
95 occurs: such member's death; or the member's attainment of
96 age sixty-five;
97 (10) Benefit program LT-8(65). A member with credited
98 service covered by benefit program LT-8(65) shall receive an
99 allowance for life equal to one and one-half percent of the
100 member's final average salary multiplied by the number of
101 years of such credited service. In addition, if such member
102 is retiring as provided in section 70.645 or section 70.650
103 or section 70.670, and if such member's age at retirement is
104 younger than age sixty-five, then such member shall receive
105 a temporary allowance equal to one-half of one percent of
106 the member's final average salary multiplied by the number
107 of years of such credited service. Such temporary allowance
108 shall terminate at the end of the calendar month in which
109 the earlier of the following events occurs: such member's
110 death; or the member's attainment of age sixty-five;
111 (11) Benefit program L-9. A member with credited
112 service covered by benefit program L-9 shall receive an
113 allowance for life equal to one and six-tenths percent of
114 the member's final average salary multiplied by the number
115 of years of such credited service;
116 (12) Benefit program LT-10(65). A member with
117 credited service covered by benefit program LT-10(65) shall
118 receive an allowance for life equal to one and six-tenths
119 percent of the members' final average salary multiplied by
120 the number of years of such credited service. In addition,
121 if such member is retiring as provided in section 70.645 or
HCS SS SCS SB 71 8
122 section 70.650 or section 70.670, and if such member's age
123 at retirement is younger than age sixty-five, then such
124 member shall receive a temporary allowance equal to four-
125 tenths of one percent of the member's final average salary
126 multiplied by the number of years of such credited service.
127 Such temporary allowance shall terminate at the end of the
128 calendar month in which the earlier of the following events
129 occurs: such member's death; or the member's attainment of
130 age sixty-five;
131 (13) Benefit program L-11. Benefit program L-11 may
132 cover employment in a position only if such position is not
133 concurrently covered by federal Social Security; in
134 addition, if such position was previously covered by federal
135 Social Security, benefit program L-11 may cover only
136 employment rendered after cessation of federal Social
137 Security coverage. A member with credited service covered
138 by benefit program L-11 shall receive an allowance for life
139 equal to two and one-half percent of the member's final
140 average salary multiplied by the number of years of such
141 credited service;
142 (14) Benefit program L-12. A member with credited
143 service covered by benefit program L-12 shall receive an
144 allowance for life equal to one and three-quarter percent of
145 the member's final average salary multiplied by the number
146 of years of such credited service;
147 (15) Benefit program LT-14(65). A member with
148 credited service covered by benefit program LT-14(65) shall
149 receive an allowance for life equal to one and three-quarter
150 percent of the member's final average salary multiplied by
151 the number of years of such credited service. In addition,
152 if such member is retiring as provided in section 70.645,
153 70.650, or 70.670, then such member shall receive a
HCS SS SCS SB 71 9
154 temporary allowance equal to one-quarter of one percent of
155 the member's final average salary multiplied by the number
156 of years of such credited service. Such temporary allowance
157 shall terminate at the end of the calendar month in which
158 the earlier of the following events occurs: such member's
159 death or the member's attainment of age sixty-five.
160 2. If each portion of a member's credited service is
161 not covered by the same benefit program, then the member's
162 total allowance for life shall be the total of the allowance
163 for life determined under each applicable benefit program.
164 3. Each employer shall have the credited service of
165 each of its members covered by benefit program L-1 provided
166 for in this section unless such employer shall have elected
167 another benefit program provided for in this section.
168 4. Except as otherwise provided in this subsection,
169 each political subdivision, by majority vote of its
170 governing body, may elect from time to time to cover its
171 members, whose political subdivision employment is
172 concurrently covered by federal Social Security, under one
173 of the benefit programs provided for in this section. Each
174 political subdivision, by majority vote of its governing
175 body, may elect from time to time to cover its members,
176 whose political subdivision employment is not concurrently
177 covered by federal Social Security, under one of the benefit
178 programs provided for in this section. The clerk or
179 secretary of the political subdivision shall certify the
180 election of the benefit program to the board within ten days
181 after such vote. The effective date of the political
182 subdivision's benefit program is the first day of the
183 calendar month specified by such governing body, or the
184 first day of the calendar month next following receipt by
185 the board of the certification of election of benefit
HCS SS SCS SB 71 10
186 program, or the effective date of the political subdivision
187 becoming an employer, whichever is the latest. Such
188 election of benefit program may be changed from time to time
189 by such vote, but not more often than biennially. If such
190 changed benefit program provides larger allowances than the
191 benefit program previously in effect, then such larger
192 benefit program shall be applicable to the past and future
193 employment with the employer by present and future
194 employees. If such changed benefit program provides smaller
195 allowances than the benefit program previously in effect,
196 then such changed benefit program shall be applicable only
197 to credited service for employment rendered from and after
198 the effective date of such change. After August 28, 1994,
199 political subdivisions shall not elect coverage under
200 benefit program LT-4, benefit program LT-5, or benefit
201 program LT-8. After August 28, 2005, political subdivisions
202 shall not elect coverage under benefit program L-9 or
203 benefit program LT-10(65).
204 5. Should an employer change its election of benefit
205 program as provided in this section, the employer
206 contributions shall be correspondingly changed effective the
207 same date as the benefit program change.
208 6. The limitation on increases in an employer's
209 contribution provided by subsection 6 of section 70.730
210 shall not apply to any contribution increase resulting from
211 an employer electing a benefit program which provides larger
212 allowances.
213 7. Subject to the provisions of subsections 8 and 9
214 [and 10] of this section, for an allowance becoming
215 effective on September 28, 1975, or later, and beginning
216 with the October first which is at least twelve full months
217 after the effective date of the allowance, the amount of the
HCS SS SCS SB 71 11
218 allowance shall be redetermined effective each October first
219 and such redetermined amount shall be payable for the
220 ensuing year. Subject to the limitations stated in the next
221 sentence, such redetermined amount shall be the amount of
222 the allowance otherwise payable multiplied by the following
223 percent: one hundred percent, plus two percent for each
224 full year (excluding any fraction of a year) in the period
225 from the effective date of the allowance to the current
226 October first. In no event shall such redetermined amount
227 (1) be less than the amount of the allowance otherwise
228 payable nor (2) be more than the amount of the allowance
229 otherwise payable multiplied by the following fraction: the
230 numerator shall be the Consumer Price Index for the month of
231 June immediately preceding such October first (but in no
232 event an amount less than the denominator below) and the
233 denominator shall be the Consumer Price Index for the month
234 of June immediately preceding the effective date of the
235 allowance. As used herein, "Consumer Price Index" means a
236 measure of the Consumer Price Index [for Urban Wage Earners
237 and Clerical Workers,] as determined by the United States
238 Department of Labor and adopted by the board of trustees [in
239 effect January 1, 1975; provided, should such Consumer Price
240 Index be restructured subsequent to 1974 in a manner
241 materially changing its character, the board shall change
242 the application of the Consumer Price Index so that as far
243 as is practicable the 1975 intent of the use of the Consumer
244 Price Index shall be continued]. As used herein "the amount
245 of the allowance otherwise payable" means the amount of the
246 allowance which would be payable without regard to these
247 provisions redetermining allowance amounts after retirement.
248 8. [Subject to the provisions of subsections 9 and 10
249 of this section, for an allowance becoming effective on
HCS SS SCS SB 71 12
250 September 28, 1975, or later, the maximum allowance payable
251 under the provisions of section 70.685 shall be redetermined
252 each October first in the same manner as an allowance is
253 redetermined under the provisions of subsection 7 of this
254 section.
255 9.] (1) The system establishes reserves for the
256 payment of future allowances to retirants and
257 beneficiaries. Should the board determine, after consulting
258 with the actuary, that the established reserves are more
259 than sufficient to provide such allowances, the board may
260 increase the annual increase rate provided for in
261 [subsections] subsection 7 [and 8] of this section, as it
262 applies to any allowance payable, but in no event shall the
263 total of all redetermined amounts as of October first of any
264 year be greater than one hundred four percent of the
265 allowances which would have been payable that October first
266 without such redeterminations; provided, as of any
267 redetermination date the same annual increase rate shall be
268 applied to all allowances with effective dates in the range
269 of November first to October first of the following year.
270 The board may extend the provisions of [subsections]
271 subsection 7 [and 8] of this section to allowances which
272 became effective before September 28, 1975; provided such an
273 action by the board shall not increase an employer
274 contribution rate then in effect;
275 (2) After August 28, 1993, the annual increase rate
276 established by this subsection shall be a compound rate,
277 compounded annually, and the four percent annual maximum
278 rate shall also be a compound rate, compounded annually;
279 provided, the use of such compounding shall not begin until
280 October 1, 1993, and shall not affect redeterminations made
281 prior to that date.
HCS SS SCS SB 71 13
282 [10.] 9. Should the board determine that the
283 provisions of subsections 7[, 8] and [9] 8 of this section
284 are jeopardizing the financial solvency of the system, the
285 board shall suspend these provisions redetermining allowance
286 amounts after retirement for such periods of time as the
287 board deems appropriate.
1 70.680. 1. Any member in service with five or more
2 years of credited service who has not attained the age and
3 service requirements of section 70.645 and who becomes
4 totally and permanently physically or mentally incapacitated
5 for his duty as an employee, as the result of a personal
6 injury or disease, may be retired by the board upon written
7 application filed with the board by or on behalf of the
8 member; provided, that after a medical examination of such
9 member made by or under the direction of a medical committee
10 consisting of three physicians, one of whom shall be
11 selected by the board, one by or on behalf of such member,
12 and the third by the first two physicians so named, the
13 medical committee reports to the board, by majority opinion
14 in writing, that such member is physically or mentally
15 totally incapacitated for the further performance of duty,
16 that such incapacity will probably be permanent and that
17 such member should be retired.
18 2. Upon disability retirement, as provided in
19 subsection 1 of this section, a member shall receive an
20 allowance for life provided for in section 70.655 and shall
21 have the right to elect an option provided for in section
22 70.660. His or her disability retirement and allowance
23 shall be subject to the provisions of subsection 5 of this
24 section [and to the provisions of section 70.685].
25 3. Any member in service who becomes totally and
26 permanently physically or mentally incapacitated for his
HCS SS SCS SB 71 14
27 duty as an employee, as the natural and proximate result of
28 a personal injury or disease which the board finds to have
29 arisen out of and in the course of his actual performance of
30 duty as an employee, may be retired by the board upon
31 written application filed with the board by or on behalf of
32 the member; provided, that after a medical examination of
33 such member made by or under the direction of a medical
34 committee consisting of three physicians, one of whom shall
35 be selected by the board, one by or on behalf of such
36 member, and the third by the first two physicians so named,
37 the medical committee reports to the board, by majority
38 opinion in writing, that such member is physically or
39 mentally totally incapacitated for the further performance
40 of duty, that such incapacity will probably be permanent,
41 and that such member should be retired.
42 4. Upon disability retirement as provided in
43 subsection 3 of this section, a member shall receive an
44 allowance for life provided for in section 70.655; provided,
45 that for the sole purpose of computing the amount of such
46 allowance, he or she shall be given credited service for the
47 period from the date of his or her disability retirement to
48 the date he or she would attain age sixty. He or she shall
49 have the right to elect an option provided for in section
50 70.660. His or her disability retirement and allowance
51 shall be subject to the provisions of subsection 5 of this
52 section [and to the provisions of section 70.685].
53 5. At least once each year during the first five years
54 following a member's retirement on account of disability,
55 and at least once in each three-year period thereafter, the
56 board shall require any disability retirant who has not
57 attained his minimum service retirement age to undergo a
58 medical examination to be made by a physician designated by
HCS SS SCS SB 71 15
59 the board. If the retirant refuses to submit to medical
60 examination in any such period, his disability allowance
61 shall be suspended by the board until his withdrawal of such
62 refusal. If such refusal continues for one year, all his
63 rights in and to a disability allowance shall be revoked by
64 the board. If, upon medical examination of the retirant,
65 the physician reports to the board that the retirant is
66 physically and mentally able and capable of resuming his
67 duty as an employee in the position held by him at the time
68 of his disability retirement, then the board shall, if
69 demanded by the retirant, arrange a further medical
70 examination of such member made by or under the direction of
71 a medical committee consisting of three physicians, one of
72 whom shall be selected by the board, one by or on behalf of
73 the member, and the third by the first two physicians
74 named. Should the medical committee concur, by majority
75 opinion in writing to the board, the disability retirant is
76 capable of resumption of duty, his disability retirement
77 shall terminate and he shall be returned to duty and he
78 shall immediately again become a member of the system, his
79 credited service at the time of disability retirement shall
80 be restored to his credit, and the amount of his accumulated
81 contributions at the time of his disability retirement shall
82 be restored to his credit in the members deposit fund. If
83 he was in receipt of a duty disability allowance provided
84 for in subsection 3 of this section, he shall also be given
85 service credit for the period he was in receipt of the duty
86 disability allowance.
1 70.690. 1. In the event a member ceases to be a
2 member other than by death before the date he becomes
3 entitled to retire with an allowance payable by the system,
4 he shall be paid, upon his written application filed with
HCS SS SCS SB 71 16
5 the board, his accumulated contributions standing to his
6 credit in the members deposit fund.
7 2. In the event a member dies, and no allowance
8 becomes or will become payable by the system on account of
9 his death, his accumulated contributions standing to his
10 credit in the members deposit fund at the time of his death
11 shall be paid to such person or persons as he shall have
12 nominated by written designation duly executed and filed
13 with the board. If there be no such designated person or
14 persons surviving such member, such accumulated
15 contributions shall be paid to his surviving spouse, or to
16 his estate if there is no surviving spouse.
17 3. In the event a member's membership in the system
18 terminates, and no allowance becomes or will become payable
19 on his account, any accumulated contributions standing to
20 his credit in the members deposit fund unclaimed by such
21 member or his legal representative within [three] ten years
22 after the date his membership terminated, shall be
23 transferred to the income-expense fund. If thereafter
24 proper application is made for such accumulated
25 contributions, the board shall pay them from the income-
26 expense fund, but without interest after the date payment
27 was first due.
1 70.745. 1. The board shall be the trustees of the
2 funds of the system. Subject to the provisions of any
3 applicable federal or state laws, the board shall have full
4 power to invest and reinvest the moneys of the system, and
5 to hold, purchase, sell, assign, transfer or dispose of any
6 of the securities and investments in which such moneys shall
7 have been invested, as well as the proceeds of such
8 investments and such moneys.
HCS SS SCS SB 71 17
9 2. The board of trustees may deliberate about, or make
10 tentative or final decisions on, investments or other
11 financial matters in a closed meeting under chapter 610 if
12 disclosure of the deliberations or decisions would
13 jeopardize the ability to implement a decision or to achieve
14 investment objectives. A record of the retirement system
15 that discloses deliberations about, or a tentative decision
16 on, investments or other financial matters is not a public
17 record under chapter 610 to the extent and so long as its
18 disclosure would jeopardize the ability to implement a
19 decision or to achieve investment objectives.
1 70.746. Notwithstanding any other provision of law to
2 the contrary, the board of trustees may delegate to its duly
3 appointed investment counselor authority to act in place of
4 the board in the investment and reinvestment of all or part
5 of the moneys of the system, and may also delegate to such
6 counselor the authority to act in place of the board in the
7 holding, purchasing, selling, assigning, transferring, or
8 disposing of any or all of the securities and investments in
9 which such moneys shall have been invested, as well as the
10 proceeds of such investments and such moneys. [Such
11 investment counselor shall be registered as an investment
12 advisor with the United States Securities and Exchange
13 Commission.] In exercising or delegating its investment
14 powers and authority, members of the board shall exercise
15 ordinary business care and prudence under the facts and
16 circumstances prevailing at the time of the action or
17 decision. In so doing, the board shall consider the long-
18 and short-term needs of the system in carrying out its
19 purposes, the system's present and anticipated financial
20 requirements, the expected total return on the system's
21 investment, general economic conditions, income, growth,
HCS SS SCS SB 71 18
22 long-term net appreciation, and probable safety of funds.
23 No member of the board shall be liable for any action taken
24 or omitted with respect to the exercise of or delegation of
25 these powers and authority if such member shall have
26 discharged the duties of his or her position in good faith
27 and with that degree of diligence, care, and skill which
28 prudent men and women would ordinarily exercise under
29 similar circumstances in a like position.
1 70.747. Notwithstanding any other provision of law to
2 the contrary, the board shall have full power to invest and
3 reinvest the funds and moneys of the system in improved real
4 estate, including collective real estate funds and real
5 estate investment trusts, wherever situated[; provided,
6 however, that not more than one-tenth of the funds and
7 moneys of the system at the time of such investment shall be
8 so invested].
1 70.748. 1. Notwithstanding the provisions of section
2 105.662 to the contrary, the board may set up and maintain a
3 local government employee retirement systems of Missouri
4 investment fund account in which investment and reinvestment
5 of all or part of the moneys of the retirement system may be
6 placed and be available for investment purposes.
7 2. For the purpose of investing the funds of the
8 retirement system, the funds may be combined with the funds
9 of any retirement plan that is administered by the
10 retirement system under section 70.621 and any retirement
11 plan established for the purpose of providing benefits for
12 employees of the system, but the funds of each plan shall be
13 accounted for separately and for all other reporting
14 purposes shall be separate.
15 3. The board of trustees may promulgate such rules and
16 regulations consistent with the provisions of this section
HCS SS SCS SB 71 19
17 as deemed necessary for its proper administration, pursuant
18 to the provisions of this section and this chapter. Any
19 rule or portion of a rule, as that term is defined in
20 section 536.010, that is created under the authority
21 delegated in this section shall become effective only if it
22 complies with and is subject to all of the provisions of
23 chapter 536 and, if applicable, section 536.028. This
24 section and chapter 536 are nonseverable and if any of the
25 powers vested with the general assembly pursuant to chapter
26 536 to review, to delay the effective date, or to disapprove
27 and annul a rule are subsequently held unconstitutional,
28 then the grant of rulemaking authority and any rule proposed
29 or adopted after August 28, 2025, shall be invalid and void.
1 86.200. The following words and phrases as used in
2 sections 86.200 to 86.366, unless a different meaning is
3 plainly required by the context, shall have the following
4 meanings:
5 (1) "Accumulated contributions", the sum of all
6 mandatory contributions deducted from the compensation of a
7 member and credited to the member's individual account,
8 together with members' interest thereon;
9 (2) "Actuarial equivalent", a benefit of equal value
10 when computed upon the basis of mortality tables and
11 interest assumptions adopted by the board of trustees;
12 (3) "Average final compensation":
13 (a) With respect to a member who earns no creditable
14 service on or after October 1, 2001, the average earnable
15 compensation of the member during the member's last three
16 years of creditable service as a police officer, or if the
17 member has had less than three years of creditable service,
18 the average earnable compensation of the member's entire
19 period of creditable service;
HCS SS SCS SB 71 20
20 (b) With respect to a member who is not participating
21 in the DROP pursuant to section 86.251 on October 1, 2001,
22 who did not participate in the DROP at any time before such
23 date, and who earns any creditable service on or after
24 October 1, 2001, the average earnable compensation of the
25 member during the member's last two years of creditable
26 service as a policeman, or if the member has had less than
27 two years of creditable service, then the average earnable
28 compensation of the member's entire period of creditable
29 service;
30 (c) With respect to a member who is participating in
31 the DROP pursuant to section 86.251 on October 1, 2001, or
32 whose participation in DROP ended before such date, who
33 returns to active participation in the system pursuant to
34 section 86.251, and who terminates employment as a police
35 officer for reasons other than death or disability before
36 earning at least two years of creditable service after such
37 return, the portion of the member's benefit attributable to
38 creditable service earned before DROP entry shall be
39 determined using average final compensation as defined in
40 paragraph (a) of this subdivision; and the portion of the
41 member's benefit attributable to creditable service earned
42 after return to active participation in the system shall be
43 determined using average final compensation as defined in
44 paragraph (b) of this subdivision;
45 (d) With respect to a member who is participating in
46 the DROP pursuant to section 86.251 on October 1, 2001, or
47 whose participation in the DROP ended before such date, who
48 returns to active participation in the system pursuant to
49 section 86.251, and who terminates employment as a police
50 officer after earning at least two years of creditable
51 service after such return, the member's benefit attributable
HCS SS SCS SB 71 21
52 to all of such member's creditable service shall be
53 determined using the member's average final compensation as
54 defined in paragraph (b) of this subdivision;
55 (e) With respect to a member who is participating in
56 the DROP pursuant to section 86.251 on October 1, 2001, or
57 whose participation in DROP ended before such date, who
58 returns to active participation in the system pursuant to
59 section 86.251, and whose employment as a police officer
60 terminates due to death or disability after such return, the
61 member's benefit attributable to all of such member's
62 creditable service shall be determined using the member's
63 average final compensation as defined in paragraph (b) of
64 this subdivision; and
65 (f) With respect to the surviving spouse or surviving
66 dependent child of a member who earns any creditable service
67 on or after October 1, 2001, the average earnable
68 compensation of the member during the member's last two
69 years of creditable service as a police officer or, if the
70 member has had less than two years of creditable service,
71 the average earnable compensation of the member's entire
72 period of creditable service;
73 (4) "Beneficiary", any person in receipt of a
74 retirement allowance or other benefit;
75 (5) "Board of trustees", the board provided in
76 sections 86.200 to 86.366 to administer the retirement
77 system;
78 (6) "Creditable service", prior service plus
79 membership service as provided in sections 86.200 to 86.366;
80 (7) "DROP", the deferred retirement option plan
81 provided for in section 86.251;
82 (8) "Earnable compensation", the annual salary
83 [established under section 84.160 which] a member would earn
HCS SS SCS SB 71 22
84 during one year on the basis of the member's rank or
85 position, plus any additional compensation for academic work
86 and shift differential, that [may be provided] is set by any
87 state or municipal body or official [or board] now or
88 hereafter authorized by law to employ and manage a permanent
89 police force in such cities. Such amount shall include the
90 member's deferrals to a deferred compensation plan pursuant
91 to Section 457 of the Internal Revenue Code or to a
92 cafeteria plan pursuant to Section 125 of the Internal
93 Revenue Code or, effective October 1, 2001, to a
94 transportation fringe benefit program pursuant to Section
95 132(f)(4) of the Internal Revenue Code. "Earnable
96 compensation" shall not include a member's additional
97 compensation for overtime, standby time, court time,
98 nonuniform time or unused vacation time. Further, "earnable
99 compensation" shall not include any funds received by a
100 member through a judgment or settlement of a legal action or
101 claim made or threatened by the member against any city not
102 within a county if the funds are intended to retroactively
103 compensate the member for the salary differential between
104 the member's actual rank and the rank the member claims he
105 or she should have received. Notwithstanding the foregoing,
106 the earnable compensation taken into account under the plan
107 established pursuant to sections 86.200 to 86.366 with
108 respect to a member who is a noneligible participant, as
109 defined in this subdivision, for any plan year beginning on
110 or after October 1, 1996, shall not exceed the amount of
111 compensation that may be taken into account under Section
112 401(a)(17) of the Internal Revenue Code, as adjusted for
113 increases in the cost of living, for such plan year. For
114 purposes of this subdivision, a "noneligible participant" is
115 an individual who first becomes a member on or after the
HCS SS SCS SB 71 23
116 first day of the first plan year beginning after the earlier
117 of:
118 (a) The last day of the plan year that includes August
119 28, 1995; or
120 (b) December 31, 1995;
121 (9) "Internal Revenue Code", the federal Internal
122 Revenue Code of 1986, as amended;
123 (10) "Mandatory contributions", the contributions
124 required to be deducted from the salary of each member who
125 is not participating in DROP in accordance with section
126 86.320;
127 (11) "Medical board", the health care organization
128 appointed by the trustees of the police retirement board and
129 responsible for arranging and passing upon all medical
130 examinations required under the provisions of sections
131 86.200 to 86.366, which shall investigate all essential
132 statements and certificates made by or on behalf of a member
133 in connection with an application for disability retirement
134 and shall report in writing to the board of trustees its
135 conclusions and recommendations;
136 (12) "Member", a member of the retirement system as
137 defined by sections 86.200 to 86.366;
138 (13) "Members' interest", interest on accumulated
139 contributions at such rate as may be set from time to time
140 by the board of trustees;
141 (14) "Membership service", service as a policeman
142 rendered since last becoming a member, except in the case of
143 a member who has served in the Armed Forces of the United
144 States and has subsequently been reinstated as a policeman,
145 in which case "membership service" means service as a
146 policeman rendered since last becoming a member prior to
147 entering such armed service;
HCS SS SCS SB 71 24
148 (15) "Plan year" or "limitation year", the twelve
149 consecutive-month period beginning each October first and
150 ending each September thirtieth;
151 (16) "Policeman" or "police officer", any member of
152 the police force of such cities who holds a rank in such
153 police force;
154 (17) "Prior service", all service as a policeman
155 rendered prior to the date the system becomes operative or
156 prior to membership service which is creditable in
157 accordance with the provisions of sections 86.200 to 86.366;
158 (18) "Reserve officer", any member of the police
159 reserve force of such cities, armed or unarmed, who works
160 less than full time, without compensation, and who, by his
161 or her assigned function or as implied by his or her
162 uniform, performs duties associated with those of a police
163 officer and who currently receives a service retirement as
164 provided by sections 86.200 to 86.366;
165 (19) "Retirement allowance", annual payments for life
166 as provided by sections 86.200 to 86.366 which shall be
167 payable in equal monthly installments or any benefits in
168 lieu thereof granted to a member upon termination of
169 employment as a police officer and actual retirement;
170 (20) "Retirement system", the police retirement system
171 of the cities as defined in sections 86.200 to 86.366;
172 (21) "Surviving spouse", the surviving spouse of a
173 member who was the member's spouse at the time of the
174 member's death.
1 87.140. 1. The general administration and the
2 responsibility for the proper operation of the retirement
3 system shall be vested in a board of trustees of nine
4 persons. The board shall be constituted as follows:
HCS SS SCS SB 71 25
5 (1) The chief of the fire department of the city, ex
6 officio;
7 (2) The comptroller or deputy comptroller of the city,
8 ex officio;
9 (3) Two members to be appointed by the mayor of the
10 city to serve for a term of two years;
11 (4) Three members to be elected by the members of the
12 retirement system for a term of three years who shall be
13 members of the system and hold office only while members of
14 the system;
15 (5) Two members who shall be retired firemen to be
16 elected by the retired firemen of the city and who shall
17 hold office for a term of three years.
18 2. If a vacancy occurs in the office of trustee, the
19 vacancy shall be filled for the unexpired term in the same
20 manner as the office was previously filled.
21 3. The trustees shall serve without compensation, but
22 they shall be reimbursed from the expense fund for all
23 necessary expenses which they may incur through service on
24 the board.
25 4. Each trustee shall, within ten days after his
26 appointment or election, take an oath of office before the
27 clerk of circuit court of the city, that, so far as it
28 devolves upon him, he will diligently and honestly
29 administer the affairs of the board and that he will not
30 knowingly violate or willingly permit to be violated any of
31 the provisions of the law applicable to the retirement
32 system. The oath shall be subscribed to by the member
33 making it and certified by the clerk of circuit court and
34 filed in his office.
HCS SS SCS SB 71 26
35 5. Each trustee shall be entitled to one vote on the
36 board. Five votes shall be necessary for a decision by the
37 trustees at any meeting of the board.
38 6. Notwithstanding any provision of sections 87.120 to
39 87.371 to the contrary, the board of trustees of the
40 retirement system shall not be prevented from simultaneously
41 acting as the trustees of any other pension plan that
42 provides retirement, disability, and death benefits for
43 firefighters employed by any city not within a county and
44 the firefighters' covered dependents. The administration of
45 the other pension plan shall be in accordance with the terms
46 of such pension plan. Nothing in this subsection shall
47 prevent the board of aldermen of a city not within a county
48 from adopting ordinances to govern the pensioning of
49 firefighters and such firefighters' covered dependents in
50 any other pension plan simultaneously administered by the
51 board of trustees of the retirement system.
1 87.145. The board of trustees shall have exclusive
2 original jurisdiction in all matters relating to or
3 affecting the funds herein provided for, including, in
4 addition to all other matters, all claims for benefits and
5 refunds under this law, and its action, decision or
6 determination in any matter shall be reviewable under
7 chapter 536 only, and any party to the proceedings shall
8 have a right of appeal from the decision of the reviewing
9 court. Subject to the limitations of sections 87.120 to
10 87.370, the board of trustees shall, from time to time,
11 establish rules and regulations for the administration of
12 funds created by this law, for the transaction of its
13 business, and for the limitation of the time within which
14 claims may be filed. The administration of any pension plan
15 other than the retirement system includes the ability of the
HCS SS SCS SB 71 27
16 board of trustees, from time to time, to establish rules and
17 regulations for the administration of funds of such other
18 pension plan and for the transaction of such other pension
19 plan's business. Nothing in this section shall prevent the
20 board of aldermen of a city not within a county from
21 adopting ordinances to govern the pensioning of firefighters
22 and such firefighters' covered dependents in any other
23 pension plan simultaneously administered by the board of
24 trustees of the retirement system.
1 87.260. The board of trustees of the firefighters'
2 retirement system shall have the exclusive authority and
3 discretion to invest and reinvest the funds in property of
4 any kind, real or personal. The board of trustees shall
5 invest and manage the fund as a prudent investor would, by
6 considering the purposes, terms, distribution requirements,
7 and other circumstances of the firefighters' retirement
8 system. In satisfying this standard, the board of trustees
9 shall exercise reasonable care, skill, and caution. No
10 trustee shall have any interest as a trustee in the gains or
11 profits made on any investment, except benefits from
12 interest in investments common to all members of the plan,
13 if entitled thereto. To the extent the board of trustees
14 administers a pension plan other than the retirement system,
15 the board of trustees shall also have the authority and
16 discretion to invest and reinvest the funds of such other
17 pension plan in property of any kind, real or personal. The
18 board of trustees may choose to invest the funds of the
19 retirement system and the funds of the other pension plan in
20 the same investments so long as the amounts invested and the
21 gains, profits, or losses on such investments are accounted
22 for separately. No benefits due to the firefighters or such
23 firefighters' covered dependents from the other pension plan
HCS SS SCS SB 71 28
24 shall be paid from the funds of the retirement system.
25 Nothing in this section shall prevent the board of aldermen
26 of a city not within a county from adopting ordinances to
27 govern the pensioning of firefighters and such firefighters'
28 covered dependents in any other pension plan simultaneously
29 administered by the board of trustees of the retirement
30 system.
1 105.688. The assets of a system may be invested,
2 reinvested and managed by an investment fiduciary subject to
3 the terms, conditions and limitations provided in sections
4 105.687 to 105.689. An investment fiduciary shall discharge
5 his or her duties in the interest of the participants in the
6 system and their beneficiaries and shall:
7 (1) Act with the same care, skill, prudence, and
8 diligence under the circumstances then prevailing that a
9 prudent person acting in a similar capacity and familiar
10 with those matters would use in the conduct of a similar
11 enterprise with similar aims;
12 (2) Act with due regard for the management,
13 reputation, and stability of the issuer and the character of
14 the particular investments being considered;
15 (3) Make investments for the purposes of providing
16 benefits to participants and participants' beneficiaries,
17 and of defraying reasonable expenses of investing the assets
18 of the system;
19 (4) Give appropriate consideration to those facts and
20 circumstances that the investment fiduciary knows or should
21 know are relevant to the particular investment or investment
22 course of action involved, including the role of the
23 investment or investment course of action plays in that
24 portion of the system's investments for which the investment
25 fiduciary has responsibility. For purposes of this
HCS SS SCS SB 71 29
26 subdivision, "appropriate consideration" shall include, but
27 is not necessarily limited to a determination by the
28 investment fiduciary that a particular investment or
29 investment course of action is reasonably designed, as part
30 of the investments of the system, to further the purposes of
31 the system, taking into consideration the risk of loss and
32 the opportunity for gain or other return associated with the
33 investment or investment course of action; and consideration
34 of the following factors as they relate to the investment or
35 investment course of action:
36 (a) The diversification of the investments of the
37 system;
38 (b) The liquidity and current return of the
39 investments of the system relative to the anticipated cash
40 flow requirements of the system; and
41 (c) The projected return of the investments of the
42 system relative to the funding objectives of the system;
43 (5) Give appropriate consideration to investments
44 which would enhance the general welfare of this state and
45 its citizens if those investments offer the safety and rate
46 of return comparable to other investments available to the
47 investment fiduciary at the time the investment decision is
48 made; and
49 (6) Not be prohibited from closing records to the
50 extent that such records relate to information submitted by
51 an individual, corporation, or other business entity in
52 connection with investments in or financial transactions
53 with business entities for investment purposes.
1 168.014. 1. The state board of education may require
2 that fingerprint submissions be made as part of an
3 application seeking a certificate of license to teach or
4 substitute teach in public schools, as provided in sections
HCS SS SCS SB 71 30
5 168.011, 168.021, and 168.036 and as required by section
6 168.133.
7 2. If the state board of education requires that
8 fingerprint submissions be made as part of such application,
9 the state board of education shall require applicants to
10 submit the fingerprints to the Missouri state highway patrol
11 for the purpose of conducting a state and federal
12 fingerprint-based criminal history background check.
13 3. The fingerprints and any required fees shall be
14 sent to the Missouri state highway patrol's central
15 repository. The fingerprints shall be used for searching
16 the state criminal records repository and shall also be
17 forwarded to the Federal Bureau of Investigation for a
18 federal criminal records search under section 43.540. The
19 Missouri state highway patrol shall notify the state board
20 of education of any criminal history record information or
21 lack of criminal history record information discovered on
22 the individual. Notwithstanding the provisions of section
23 610.120 to the contrary, all records related to any criminal
24 history information discovered shall be accessible and
25 available to the state board of education.
1 173.2655. 1. This section and section 173.2660 shall
2 be known and may be cited as the "Public Safety Recruitment
3 and Retention Act".
4 2. For purposes of this section and section 173.2660,
5 unless the context clearly indicates otherwise, the
6 following terms mean:
7 (1) "Advanced emergency medical technician", as such
8 term is defined in section 190.100;
9 (2) "Department", the department of higher education
10 and workforce development;
HCS SS SCS SB 71 31
11 (3) "Emergency medical technician", as such term is
12 defined in section 190.100;
13 (4) "Firefighter", any officer or employee of a fire
14 department who is employed for the purpose of fighting
15 fires, excluding volunteer firefighters and anyone employed
16 in a clerical or other capacity not involving fire-fighting
17 duties;
18 (5) "Institution of higher education", a public
19 community college, state college, or state university
20 located in Missouri; or an approved private institution, as
21 such term is defined in section 173.1102, that chooses to
22 accept any tuition award money pursuant to subdivision (2)
23 of subsection 7 of this section; or an emergency medical
24 services training entity accredited or certified by the
25 Missouri department of health and senior services pursuant
26 to the provisions of section 190.131;
27 (6) "Legal dependent", as such term is defined by the
28 United States Department of Education for purposes of the
29 Free Application for Federal Student Aid;
30 (7) "Line of duty", any action that public safety
31 personnel is authorized or obligated by law, rule, or
32 regulation to perform, related to or as a condition of
33 employment or service;
34 (8) "Open seat", a vacant position in a class, course,
35 or program that is available for enrollment, and which may
36 become available when a student drops out or transfers, or
37 when a class, course, or program has unused capacity,
38 allowing new students to register or enroll;
39 (9) "Paramedic", as such term is defined in section
40 190.100;
41 (10) "Police officer", any person who, by virtue of
42 office or public employment, is vested by law with the power
HCS SS SCS SB 71 32
43 and duty to make arrests for violation of the laws of the
44 state of Missouri or ordinances of any municipality thereof,
45 while acting within the scope of his or her authority as an
46 employee of a public law enforcement agency, as such term is
47 defined in section 590.1040;
48 (11) "Public safety personnel", includes any police
49 officer, firefighter, paramedic, telecommunicator first
50 responder, emergency medical technician, or advanced
51 emergency medical technician who is trained and authorized
52 by law or rule to render emergency medical assistance or
53 treatment;
54 (12) "Telecommunicator first responder", as such term
55 is defined in section 650.320;
56 (13) "Tuition", the charges and cost of tuition as set
57 by the governing body of an institution of higher education,
58 including fees such as course fees, activity fees,
59 technology fees, and mandatory fees charged by such
60 institution to all full-time students as a condition of
61 enrollment, but excluding the costs of room, board, books,
62 and any other educational materials, equipment, or supplies.
63 3. Subject to appropriation, public safety personnel
64 with at least six years of service shall be entitled to an
65 award worth up to one hundred percent of the resident
66 tuition charges of an institution of higher education if the
67 individual:
68 (1) Possesses one of the following:
69 (a) A current, valid license issued by the department
70 of health and senior services authorizing such person to
71 serve as an emergency medical technician, advanced emergency
72 medical technician, or paramedic;
73 (b) A current, valid license issued by the peace
74 officer standards and training commission authorizing such
HCS SS SCS SB 71 33
75 person to serve as a peace officer pursuant to the
76 provisions of chapter 590;
77 (c) A current, valid certificate issued by the
78 division of fire safety authorizing such person to serve as
79 a firefighter; or
80 (d) A current, valid certificate confirming successful
81 completion of any ongoing training requirements pursuant to
82 section 650.340; and
83 (e) For all public safety personnel, a certificate of
84 verification signed by the individual's supervisor or
85 employer verifying that such individual is currently
86 employed full-time as public safety personnel and trained
87 and authorized by law or rule to render emergency medical
88 assistance or treatment;
89 (2) Meets all admission requirements of the
90 institution of higher education;
91 (3) Has not already earned a baccalaureate degree;
92 (4) Pursues studies leading to a license or
93 certification issued by a training entity accredited or
94 certified pursuant to the provisions of section 190.131, an
95 associate degree or baccalaureate degree in one of the
96 following academic subject areas:
97 (a) For police officers, eligible subjects include
98 forensic science, fisheries and wildlife, political science,
99 psychology, history, philosophy, sociology, anthropology,
100 global studies, Spanish, journalism, advertising, public
101 relations, nutrition and health sciences, communication
102 sciences and disorders, and criminal justice;
103 (b) For firefighters, paramedics, emergency medical
104 technicians, and advanced emergency medical technicians,
105 eligible subjects include biology, chemistry, biochemistry,
106 microbiology, nutrition and health sciences, communication
HCS SS SCS SB 71 34
107 sciences and disorders, Spanish, advertising, public
108 relations, paramedicine, fire science, fire technology, fire
109 administration, fire management, communications, homeland
110 security, emergency management, disaster management, and
111 crisis management; and
112 (c) For telecommunicator first responders, eligible
113 subjects include any subject specified in paragraph (a) or
114 (b) of this subdivision;
115 (5) Submits verification of the professional license
116 or certificate and the certificate of verification required
117 by subdivision (1) of this subsection to the department, in
118 a form and manner as prescribed by the department;
119 (6) Files with the department documentation showing
120 proof of employment as public safety personnel and proof of
121 residence in Missouri each year such individual or such
122 individual's legal dependent applies for and receives the
123 tuition award;
124 (7) First applies for all other forms of federal and
125 state student financial aid before applying for a tuition
126 award, including, but not limited to, filing the United
127 States Department of Education Free Application for Federal
128 Student Aid and, if applicable, applying for financial
129 assistance pursuant to the provisions of 38 U.S.C. Section
130 3301, et seq.; and
131 (8) Submits a document to the department confirming
132 that the public safety personnel has satisfied the
133 provisions of subdivision (7) of this subsection, to be
134 submitted in a form and manner as prescribed by the
135 department.
136 4. Public safety personnel may receive the tuition
137 award pursuant to subsection 3 of this section for up to
138 five years if they otherwise continue to be eligible for the
HCS SS SCS SB 71 35
139 tuition award. The five years of tuition award eligibility
140 starts once the individual applies for and receives the
141 tuition award for the first time and is available to such
142 individual for the next five consecutive years or the
143 individual's achievement of one hundred twenty credit hours,
144 whichever occurs first.
145 5. Subject to appropriation, a legal dependent of
146 public safety personnel with at least ten years of service
147 shall be entitled to a tuition award worth up to one hundred
148 percent of the resident tuition charges of an institution of
149 higher education for an associate or baccalaureate degree
150 program if such public safety personnel satisfies the
151 provisions of subdivisions (1), (5), and (6) of subsection 3
152 of this section and the legal dependent:
153 (1) Executes an agreement with the department in
154 accordance with the provisions of section 173.2660;
155 (2) Has not previously earned a baccalaureate degree;
156 (3) Meets all admission requirements of the
157 institution of higher education;
158 (4) First applies for all other forms of federal and
159 state student financial aid before applying for a tuition
160 award, including, but not limited to, filing the United
161 States Department of Education Free Application for Federal
162 Student Aid and, if applicable, applying for financial
163 assistance pursuant to the provisions of 38 U.S.C. Section
164 3301, et seq.;
165 (5) Submits a document to the department confirming
166 that the legal dependent has satisfied subdivision (4) of
167 this subsection, to be submitted in a form and manner as
168 prescribed by the department;
169 (6) Submits the verification required pursuant to
170 subsection 8 of this section to the department; and
HCS SS SCS SB 71 36
171 (7) Pursues studies leading to a license or
172 certification issued by a training entity accredited or
173 certified pursuant to the provisions of section 190.131, an
174 associate degree or baccalaureate degree in any one of the
175 subject areas specified in paragraphs (a) to (c) of
176 subdivision (4) of subsection 3 of this section.
177 6. A legal dependent may receive the tuition award for
178 up to five years if the public safety personnel and the
179 legal dependent continue to be eligible for such tuition
180 award. The five years of tuition award eligibility starts
181 once the legal dependent applies for and receives the
182 tuition award for the first time and is available to such
183 legal dependent for the next five consecutive years or the
184 legal dependent's achievement of one hundred twenty credit
185 hours, whichever occurs first.
186 7. The tuition award shall be worth:
187 (1) Up to one hundred percent of the public safety
188 personnel's or the legal dependent's tuition remaining due
189 after subtracting awarded federal financial aid grants and
190 state scholarships and grants for the eligible public safety
191 personnel or legal dependent during the time the public
192 safety personnel or legal dependent is enrolled. To remain
193 eligible, the public safety personnel or legal dependent
194 shall comply with all requirements of the institution for
195 continued attendance and award of an associate degree or a
196 baccalaureate degree; or
197 (2) In the case of tuition at an approved private
198 institution, up to one hundred percent of the public safety
199 personnel's or the legal dependent's tuition remaining due
200 after subtracting awarded federal financial aid grants and
201 state scholarships and grants for the eligible public safety
202 personnel or legal dependent during the time the public
HCS SS SCS SB 71 37
203 safety personnel or legal dependent is enrolled, up to a
204 maximum amount that is equal to the total cost of tuition
205 and mandatory fees charged to a Missouri resident at the
206 public community college, state college, or state university
207 with the highest combined tuition and mandatory fee cost in
208 the state at the time a tuition grant is awarded, as
209 determined by the department. A private institution that
210 chooses to accept as a tuition payment any tuition award
211 money pursuant to this subdivision shall not charge the
212 recipient of the tuition award any tuition that exceeds the
213 maximum combined tuition and mandatory fee cost as
214 determined by the department prior to the application of the
215 tuition award.
216 8. (1) An application for a tuition award shall
217 include a verification of the public safety personnel's
218 satisfaction of the requirements of subdivisions (1), (5),
219 and (6) of subsection 3 of this section. The public safety
220 personnel shall include such verification when he or she or
221 his or her legal dependent is applying to the department for
222 a tuition waiver.
223 (2) The death of public safety personnel in the line
224 of duty which occurs after submission of an application for
225 a tuition award shall not disqualify such individual's
226 otherwise eligible legal dependent from receiving the
227 tuition award. In such case, in lieu of submitting the
228 certificate of verification provided for in subdivision (1)
229 of this subsection, the legal dependent shall submit a
230 statement attesting that:
231 (a) At the time of death, such public safety personnel
232 satisfied the requirements of subdivision (1) of this
233 subsection; and
HCS SS SCS SB 71 38
234 (b) Such public safety personnel died in the line of
235 duty.
236 9. The department shall provide a tuition award to
237 public safety personnel and legal dependents who satisfy the
238 provisions of this section and section 173.2660, if
239 applicable, and apply for an open seat at an institution of
240 higher education, but shall not provide a tuition award if
241 doing so would require the institution to create additional
242 seats exceeding class, course, or program capacity.
243 10. All applicants for a tuition award shall submit
244 their applications to the department no later than December
245 fifteenth annually. No later than March first annually, the
246 department shall send written notice of the applicant's
247 eligibility or ineligibility for the tuition award and state
248 whether the application has been approved or denied. If the
249 applicant is determined not to be eligible for the tuition
250 award, the notice shall include the reason or reasons for
251 such determination. If the application is denied, the
252 notice shall include the reason or reasons for the denial.
253 11. The department shall promulgate rules to implement
254 the provisions of this section and section 173.2660. Any
255 rule or portion of a rule, as that term is defined in
256 section 536.010, that is created under the authority
257 delegated in this section shall become effective only if it
258 complies with and is subject to all of the provisions of
259 chapter 536 and, if applicable, section 536.028. This
260 section and chapter 536 are nonseverable and if any of the
261 powers vested with the general assembly pursuant to chapter
262 536 to review, to delay the effective date, or to disapprove
263 and annul a rule are subsequently held unconstitutional,
264 then the grant of rulemaking authority and any rule proposed
265 or adopted after August 28, 2025, shall be invalid and void.
HCS SS SCS SB 71 39
266 12. (1) There is hereby created in the state treasury
267 the "Public Safety Recruitment and Retention Fund", which
268 shall consist of moneys appropriated by the general assembly
269 or any gifts, donations, or bequests for the purpose of
270 implementing the provisions of this section and section
271 173.2660. The state treasurer shall be custodian of the
272 fund. In accordance with sections 30.170 and 30.180, the
273 state treasurer may approve disbursements. The fund shall
274 be a dedicated fund and money in the fund shall be used
275 solely by the department of higher education and workforce
276 development for the purpose of granting tuition awards as
277 provided in this section and section 173.2660.
278 (2) Notwithstanding the provisions of section 33.080
279 to the contrary, any moneys remaining in the fund at the end
280 of the biennium shall not revert to the credit of the
281 general revenue fund.
282 (3) The state treasurer shall invest moneys in the
283 fund in the same manner as other funds are invested. Any
284 interest and moneys earned on such investments shall be
285 credited to the fund.
286 13. In any year in which moneys in the public safety
287 recruitment and retention fund are insufficient to fully
288 fund tuition awards for all eligible applicants, tuition
289 awards shall be awarded in the following order of priority;
290 provided that, in the event of a tie in eligibility,
291 available funds shall be distributed on a pro rata basis:
292 (1) Priority class one shall include public safety
293 personnel, in the following order:
294 (a) Public safety personnel in departments located
295 wholly or partially in counties or cities not within a
296 county with the highest crime rate per capita, as determined
HCS SS SCS SB 71 40
297 by the most recent uniform crime reporting statistics from
298 the Federal Bureau of Investigation; and
299 (b) Public safety personnel with the most years of
300 service; and
301 (2) Priority class two shall include dependents of
302 public safety personnel, in the following order:
303 (a) Dependents of public safety personnel in
304 departments located wholly or partially in counties or
305 cities not within a county with the highest crime rate per
306 capita, as determined by the most recent uniform crime
307 reporting statistics from the Federal Bureau of
308 Investigation; and
309 (b) Dependents of public safety personnel with the
310 most years of service.
311 14. The tuition awards provided for in this section
312 and section 173.2660 are subject to appropriation. If there
313 are no moneys in the fund established in subsection 12 of
314 this section, no tuition awards shall be granted.
1 173.2660. 1. Each legal dependent who is a tuition
2 award recipient pursuant to the provisions of section
3 173.2655 shall execute an agreement as provided in this
4 section. Such agreement shall include the following terms,
5 as appropriate:
6 (1) The tuition award recipient agrees to reside
7 within the state of Missouri for a period of five years
8 following the use of the tuition award;
9 (2) Each year during the five-year period following
10 use of the tuition award, the tuition award recipient agrees
11 to file a state income tax return and provide a copy of such
12 tax return to the department to document that such recipient
13 still resides in the state of Missouri;
HCS SS SCS SB 71 41
14 (3) If the tuition award recipient fails to annually
15 file a tax return to prove residency in the state of
16 Missouri for the five-year period following the use of the
17 tuition award or fails to remain a resident of Missouri for
18 the five-year period following the use of the tuition award,
19 the tuition award recipient agrees that the tuition award
20 shall be treated as a loan to such recipient, subject to the
21 following conditions:
22 (a) Interest shall be charged on the unpaid balance of
23 the amount received from the date the recipient ceases to
24 reside in Missouri until the amount received is paid back to
25 the state. The interest rate shall be adjusted annually and
26 shall be equal to one percentage point over the prevailing
27 United States prime rate in effect on January first of such
28 year; and
29 (b) The servicer of such loans shall be the higher
30 education loan authority of the state of Missouri created
31 pursuant to sections 173.350 to 173.445; and
32 (4) Any residency, filing, or payment obligation
33 incurred by the tuition award recipient under section
34 173.2655 is canceled in the event of the tuition award
35 recipient's total and permanent disability or death.
36 2. The five-year residency requirement begins once the
37 legal dependent applies for and receives the tuition award
38 for the first time and continues until the tuition award
39 recipient's:
40 (1) Completion of the five-year tuition award
41 eligibility period;
42 (2) Completion of a baccalaureate degree at an
43 institution of higher education;
44 (3) Completion of an associate degree at a public
45 community college and notification to the department that
HCS SS SCS SB 71 42
46 such recipient does not intend to pursue a baccalaureate
47 degree or additional associate degree using tuition awards
48 pursuant to the public safety recruitment and retention act;
49 or
50 (4) Notification to the department that such recipient
51 does not plan to use additional tuition awards pursuant to
52 the public safety recruitment and retention act.
1 190.106. 1. The department of health and senior
2 services may require that fingerprint submissions be made as
3 part of an application seeking licensure as an emergency
4 medical technician or "EMT", an advanced emergency medical
5 technician or "AEMT", or a paramedic, and an application
6 seeking certification as an emergency medical technician-
7 community paramedic or "EMT-CP", as such terms are defined
8 in section 190.100.
9 2. If the department of health and senior services
10 requires that fingerprint submissions be made as part of
11 such application, the department of health and senior
12 services shall require applicants to submit the fingerprints
13 to the Missouri state highway patrol for the purpose of
14 conducting a state and federal fingerprint-based criminal
15 history background check.
16 3. The fingerprints and any required fees shall be
17 sent to the Missouri state highway patrol's central
18 repository. The fingerprints shall be used for searching
19 the state criminal records repository and shall also be
20 forwarded to the Federal Bureau of Investigation for a
21 federal criminal records search under section 43.540. The
22 Missouri state highway patrol shall notify the department of
23 health and senior services of any criminal history record
24 information or lack of criminal history record information
25 discovered on the individual. Notwithstanding the
HCS SS SCS SB 71 43
26 provisions of section 610.120 to the contrary, all records
27 related to any criminal history information discovered shall
28 be accessible and available to the department of health and
29 senior services.
1 191.227. 1. All physicians, chiropractors, hospitals,
2 dentists, and other duly licensed practitioners in this
3 state, herein called "providers", shall, upon written
4 request of a patient, or guardian or legally authorized
5 representative of a patient, furnish a copy of his or her
6 record of that patient's health history and treatment
7 rendered to the person submitting a written request, except
8 that such right shall be limited to access consistent with
9 the patient's condition and sound therapeutic treatment as
10 determined by the provider. Beginning August 28, 1994, such
11 record shall be furnished within a reasonable time of the
12 receipt of the request therefor and upon payment of a fee as
13 provided in this section.
14 2. Health care providers may condition the furnishing
15 of the patient's health care records to the patient, the
16 patient's authorized representative or any other person or
17 entity authorized by law to obtain or reproduce such records
18 upon payment of a fee for:
19 (1) (a) Search and retrieval, in an amount not more
20 than twenty-four dollars and eighty-five cents plus copying
21 in the amount of fifty-seven cents per page for the cost of
22 supplies and labor plus, if the health care provider has
23 contracted for off-site records storage and management, any
24 additional labor costs of outside storage retrieval, not to
25 exceed twenty-three dollars and twenty-six cents, as
26 adjusted annually pursuant to subsection 6 of this section;
27 or
HCS SS SCS SB 71 44
28 (b) The records shall be furnished electronically upon
29 payment of the search, retrieval, and copying fees set under
30 this section at the time of the request or one hundred eight
31 dollars and eighty-eight cents total, whichever is less, if
32 such person:
33 a. Requests health records to be delivered
34 electronically in a format of the health care provider's
35 choice;
36 b. The health care provider stores such records
37 completely in an electronic health record; and
38 c. The health care provider is capable of providing
39 the requested records and affidavit, if requested, in an
40 electronic format;
41 (2) Postage, to include packaging and delivery cost;
42 (3) Notary fee, not to exceed two dollars, if
43 requested.
44 Such fee shall be the fee in effect on February 1, 2018,
45 increased or decreased annually under this section.
46 3. For purposes of subsections 1 and 2 of this
47 section, "a copy of his or her record of that patient's
48 health history and treatment rendered" or "the patient's
49 health care records" includes a statement or record that no
50 such health history or treatment record responsive to the
51 request exists.
52 4. Notwithstanding provisions of this section to the
53 contrary, providers may charge for the reasonable cost of
54 all duplications of health care record material or
55 information which cannot routinely be copied or duplicated
56 on a standard commercial photocopy machine.
57 5. The transfer of the patient's record done in good
58 faith shall not render the provider liable to the patient or
HCS SS SCS SB 71 45
59 any other person for any consequences which resulted or may
60 result from disclosure of the patient's record as required
61 by this section.
62 6. Effective February first of each year, the fees
63 listed in subsection 2 of this section shall be increased or
64 decreased annually based on the annual percentage change in
65 the unadjusted, U.S. city average, annual average inflation
66 rate of the medical care component of the Consumer Price
67 Index for All Urban Consumers (CPI-U). The current
68 reference base of the index, as published by the Bureau of
69 Labor Statistics of the United States Department of Labor,
70 shall be used as the reference base. For purposes of this
71 subsection, the annual average inflation rate shall be based
72 on a twelve-month calendar year beginning in January and
73 ending in December of each preceding calendar year. The
74 department of health and senior services shall report the
75 annual adjustment and the adjusted fees authorized in this
76 section on the department's internet website by February
77 first of each year.
78 7. A health care provider may disclose a deceased
79 patient's health care records or payment records to the
80 executor or administrator of the deceased person's estate,
81 or pursuant to a valid, unrevoked power of attorney for
82 health care that specifically directs that the deceased
83 person's health care records be released to the agent after
84 death. If an executor, administrator, or agent has not been
85 appointed, the deceased prior to death did not specifically
86 object to disclosure of his or her records in writing, and
87 such disclosure is not inconsistent with any prior expressed
88 preference of the deceased that is known to the health care
89 provider, a deceased patient's health care records may be
90 released upon written request of a person who is deemed as
HCS SS SCS SB 71 46
91 the personal representative of the deceased person under
92 this subsection. Priority shall be given to the deceased
93 patient's spouse and the records shall be released on the
94 affidavit of the surviving spouse that he or she is the
95 surviving spouse. If there is no surviving spouse, the
96 health care records may be released to one of the following
97 persons:
98 (1) The acting trustee of a trust created by the
99 deceased patient either alone or with the deceased patient's
100 spouse;
101 (2) An adult child of the deceased patient on the
102 affidavit of the adult child that he or she is the adult
103 child of the deceased;
104 (3) A parent of the deceased patient on the affidavit
105 of the parent that he or she is the parent of the deceased;
106 (4) An adult brother or sister of the deceased patient
107 on the affidavit of the adult brother or sister that he or
108 she is the adult brother or sister of the deceased;
109 (5) A guardian or conservator of the deceased patient
110 at the time of the patient's death on the affidavit of the
111 guardian or conservator that he or she is the guardian or
112 conservator of the deceased; or
113 (6) A guardian ad litem of the deceased's minor child
114 based on the affidavit of the guardian that he or she is the
115 guardian ad litem of the minor child of the deceased.
116 8. (1) Records containing a patient's health history
117 and treatment created by an emergency care provider, as
118 defined in section 191.630, or a telecommunicator first
119 responder, as defined in section 650.320, in the course of
120 the provider's or responder's official duties while
121 responding to a formal request for assistance shall be made
122 available, upon written request, to any person authorized to
HCS SS SCS SB 71 47
123 obtain the patient's health care records under the
124 provisions of this section, or in response to a subpoena or
125 court order.
126 (2) The furnishing of health care records under this
127 subsection may be conditioned upon the payment of a fee in
128 an amount equal to the fee allowed for the furnishing of any
129 other health care record under this section.
130 (3) Personal health information, including patient
131 health history and treatment, shall not be considered a
132 public record, as described under chapter 610. Nothing in
133 this section shall limit the release of information or
134 public records with personal health information that is
135 redacted regarding the general nature of the event.
136 (4) Nothing in this subsection shall limit the release
137 of information to facilitate the normal delivery of patient
138 care or to evaluate the quality of care as part of an
139 established quality improvement program.
1 208.222. 1. The Missouri Medicaid audit and
2 compliance unit within the department of social services may
3 require that fingerprint submissions be made as part of an
4 application seeking to be licensed as a MO HealthNet
5 provider for the purpose of providing MO HealthNet services
6 to eligible persons and obtaining from the department of
7 social services or its divisions reimbursement for eligible
8 services.
9 2. If the Missouri Medicaid audit and compliance unit
10 within the department of social services requires that
11 fingerprint submissions be made as part of such application,
12 the Missouri Medicaid audit and compliance unit within the
13 department of social services shall require applicants to
14 submit the fingerprints to the Missouri state highway patrol
HCS SS SCS SB 71 48
15 for the purpose of conducting a state and federal
16 fingerprint-based criminal history background check.
17 3. The fingerprints and any required fees shall be
18 sent to the Missouri state highway patrol's central
19 repository. The fingerprints shall be used for searching
20 the state criminal records repository and shall also be
21 forwarded to the Federal Bureau of Investigation for a
22 federal criminal records search under section 43.540. The
23 Missouri state highway patrol shall notify the Missouri
24 Medicaid audit and compliance unit within the department of
25 social services of any criminal history record information
26 or lack of criminal history record information discovered on
27 the individual. Notwithstanding the provisions of section
28 610.120 to the contrary, all records related to any criminal
29 history information discovered shall be accessible and
30 available to the Missouri Medicaid audit and compliance unit
31 within the department of social services.
32 4. For purposes of this section, the following terms
33 mean:
34 (1) "MO HealthNet provider", an individual or business
35 that enters into a contractor provider agreement with the
36 department of social services or its divisions for the
37 purpose of providing services to eligible persons and
38 obtaining from the department of social services or its
39 divisions reimbursement for such services;
40 (2) "MO HealthNet services", medical services defined
41 and determined by the department of social services or
42 listed specifically in section 208.152 in which eligible
43 persons receive as part of their Missouri Medicaid coverage.
1 209.324. 1. The state committee of interpreters may
2 require that fingerprint submissions be made as part of an
3 application seeking licensure as an interpreter, as such
HCS SS SCS SB 71 49
4 term is defined in section 209.285, and temporary
5 interpreter, as provided in section 209.326.
6 2. If the state committee of interpreters requires
7 that fingerprint submissions be made as part of such
8 application, the state committee of interpreters shall
9 require applicants to submit the fingerprints to the
10 Missouri state highway patrol for the purpose of conducting
11 a state and federal fingerprint-based criminal history
12 background check.
13 3. The fingerprints and any required fees shall be
14 sent to the Missouri state highway patrol's central
15 repository. The fingerprints shall be used for searching
16 the state criminal records repository and shall also be
17 forwarded to the Federal Bureau of Investigation for a
18 federal criminal records search under section 43.540. The
19 Missouri state highway patrol shall notify the committee of
20 any criminal history record information or lack of criminal
21 history record information discovered on the individual.
22 Notwithstanding the provisions of section 610.120 to the
23 contrary, all records related to any criminal history
24 information discovered shall be accessible and available to
25 the committee.
1 210.482. 1. If the emergency placement of a child in
2 a private home is necessary due to the unexpected absence of
3 the child's parents, legal guardian, or custodian, the
4 juvenile court or children's division of the department of
5 social services:
6 (1) May request that a local or state law enforcement
7 agency or juvenile officer[, subject to any required federal
8 authorization,] immediately conduct a name-based criminal
9 history record check to include full orders of protection
10 and outstanding warrants of each person over the age of
HCS SS SCS SB 71 50
11 [seventeen] eighteen residing in the home by using the
12 Missouri uniform law enforcement system (MULES) and the
13 National Crime Information Center to access the Interstate
14 Identification Index (III) maintained by the Federal Bureau
15 of Investigation; and
16 (2) Shall determine or, in the case of the juvenile
17 court, shall request the division to determine whether any
18 person over the age of [seventeen] eighteen years residing
19 in the home is listed on the child abuse and neglect
20 registry. For any children less than [seventeen] eighteen
21 years of age residing in the home, the children's division
22 shall inquire of the person with whom an emergency placement
23 of a child will be made whether any children less than
24 [seventeen] eighteen years of age residing in the home have
25 ever been certified as an adult and convicted of or pled
26 guilty or nolo contendere to any crime.
27 2. If a name-based search has been conducted pursuant
28 to subsection 1 of this section, within fifteen calendar
29 days of the Interstate Identification Index (III) name-based
30 check, after the emergency placement of the child in the
31 private home, and if the private home has not previously
32 been approved as a foster or adoptive home, all persons over
33 the age of [seventeen] eighteen residing in the home and all
34 children less than [seventeen] eighteen residing in the home
35 who the children's division has determined have been
36 certified as an adult for the commission of a crime shall
37 [report to a local law enforcement agency for the purpose of
38 providing fingerprints and accompanying fees] be
39 fingerprinted, pursuant to sections 43.530 and 43.540. The
40 fingerprints shall be used for searching the state criminal
41 records repository and shall also be forwarded to the
42 Federal Bureau of Investigation for a federal criminal
HCS SS SCS SB 71 51
43 records search under section 43.540. Results of the checks
44 shall be provided to the juvenile court or children's
45 division office requesting such information. Any child
46 placed in emergency placement in a private home shall be
47 removed immediately if any person residing in the home fails
48 to provide fingerprints after being requested to do so,
49 unless the person refusing to provide fingerprints ceases to
50 reside in the private home.
51 3. If the placement of a child is denied as a result
52 of a name-based criminal history check and the denial is
53 contested, all persons over the age of [seventeen] eighteen
54 residing in the home and all children less than [seventeen]
55 eighteen years of age residing in the home who the
56 children's division has determined have been certified as an
57 adult for the commission of a crime shall, within fifteen
58 calendar days of conducting the Interstate Identification
59 Index (III) name-based check, submit [to the juvenile court
60 or the children's division] fingerprints and any required
61 fees, in the same manner described in subsection 2 of this
62 section[, accompanying fees, and written permission
63 authorizing the juvenile court or the children's division to
64 forward the fingerprints to the state criminal record
65 repository for submission to the Federal Bureau of
66 Investigation.
67 4. No person who submits fingerprints under this
68 section shall be required to submit additional fingerprints
69 under this section or section 210.487 unless the original
70 fingerprints retained by the division are lost or destroyed].
71 [5.] 4. Subject to appropriation, the total cost of
72 fingerprinting required by this section may be paid by the
73 state, including reimbursement of persons incurring
74 fingerprinting costs under this section.
HCS SS SCS SB 71 52
75 [6.] 5. For the purposes of this section, "emergency
76 placement" refers to those limited instances when the
77 juvenile court or children's division is placing a child in
78 the home of private individuals, including neighbors,
79 friends, or relatives, as a result of a sudden
80 unavailability of the child's primary caretaker.
1 210.487. 1. The children's division of the department
2 of social services may require fingerprint submissions to
3 the Missouri state highway patrol for the purpose of
4 conducting a state and federal fingerprint-based criminal
5 background check. When conducting investigations of persons
6 for the purpose of foster parent licensing, the children's
7 division shall:
8 (1) Conduct a search for all persons over the age of
9 [seventeen] eighteen in the applicant's household and for
10 any child less than [seventeen] eighteen years of age
11 residing in the applicant's home who the division has
12 determined has been certified as an adult for the commission
13 of a crime for evidence of full orders of protection. The
14 office of state courts administrator shall allow access to
15 the automated court information system by the division. The
16 clerk of each court contacted by the division shall provide
17 the division information within ten days of a request;
18 (2) Obtain fingerprints for any person over the age of
19 [seventeen] eighteen in the applicant's household and for
20 any child less than [seventeen] eighteen years of age
21 residing in the applicant's home who the division has
22 determined has been certified as an adult for the commission
23 of a crime [in the same manner set forth in subsection 2 of
24 section 210.482]. The fingerprints and any required fees
25 shall be sent to the Missouri state highway patrol's central
26 repository. The fingerprints shall be used for searching
HCS SS SCS SB 71 53
27 the state criminal records repository and shall also be
28 forwarded to the Federal Bureau of Investigation for a
29 federal criminal records search under section 43.540. The
30 Missouri state highway patrol shall notify the juvenile
31 court or the division of any criminal history record
32 information or lack of criminal history record information
33 discovered on the individual. Notwithstanding the
34 provisions of section 610.120 to the contrary, all records
35 related to any criminal history information discovered shall
36 be accessible and available to the juvenile court or the
37 division. The highway patrol shall assist the division and
38 provide the criminal fingerprint background information,
39 upon request, under and in accordance with the provisions of
40 section 43.540; and
41 (3) Determine whether any person over the age of
42 [seventeen] eighteen residing in the home and any child less
43 than [seventeen] eighteen years of age residing in the
44 applicant's home who the division has determined has been
45 certified as an adult for the commission of a crime is
46 listed on the child abuse and neglect registry. For any
47 children less than [seventeen] eighteen years of age
48 residing in the applicant's home, the [children's] division
49 shall inquire of the applicant whether any children less
50 than [seventeen] eighteen years of age residing in the home
51 have ever been certified as an adult and been convicted of
52 or pled guilty or nolo contendere to any crime.
53 2. [After the initial investigation is completed under
54 subsection 1 of this section:
55 (1) No person who submits fingerprints under
56 subsection 1 of this section or section 210.482 shall be
57 required to submit additional fingerprints under this
HCS SS SCS SB 71 54
58 section or section 210.482 unless the original fingerprints
59 retained by the division are lost or destroyed;
60 (2) The highway patrol shall provide ongoing
61 electronic updates to criminal history background checks of
62 those persons previously submitted as part of the licensing
63 or approval process under subsection 1 of this section.
64 Ongoing electronic updates for such persons and for those in
65 their households shall terminate when such persons cease to
66 be applicant or licensed foster parents; and
67 (3) The children's division and the department of
68 health and senior services may waive the requirement for a
69 fingerprint background check for any subsequent
70 recertification.
71 3.] Subject to appropriation, the total cost of
72 fingerprinting required by this section may be paid by the
73 state, including reimbursement of persons incurring
74 fingerprinting costs under this section.
75 [4.] 3. The division may make arrangements with other
76 executive branch agencies to obtain any investigative
77 background information.
78 [5.] 4. The division may promulgate rules that are
79 necessary to implement the provisions of this section. Any
80 rule or portion of a rule, as that term is defined in
81 section 536.010, that is created under the authority
82 delegated in this section shall become effective only if it
83 complies with and is subject to all of the provisions of
84 chapter 536 and, if applicable, section 536.028. This
85 section and chapter 536 are nonseverable and if any of the
86 powers vested with the general assembly pursuant to chapter
87 536 to review, to delay the effective date, or to disapprove
88 and annul a rule are subsequently held unconstitutional,
HCS SS SCS SB 71 55
89 then the grant of rulemaking authority and any rule proposed
90 or adopted after August 28, 2004, shall be invalid and void.
1 287.243. 1. This section shall be known and may be
2 cited as the "Line of Duty Compensation Act".
3 2. As used in this section, unless otherwise provided,
4 the following words shall mean:
5 (1) "Air ambulance pilot", a person certified as an
6 air ambulance pilot in accordance with sections 190.001 to
7 190.245 and corresponding regulations applicable to air
8 ambulances adopted by the department of health and senior
9 services;
10 (2) "Air ambulance registered professional nurse", a
11 person licensed as a registered professional nurse in
12 accordance with sections 335.011 to 335.096 and
13 corresponding regulations adopted by the state board of
14 nursing, 20 CSR 2200-4, et seq., who provides registered
15 professional nursing services as a flight nurse in
16 conjunction with an air ambulance program that is certified
17 in accordance with sections 190.001 to 190.245 and the
18 corresponding regulations applicable to such programs;
19 (3) "Air ambulance registered respiratory therapist",
20 a person licensed as a registered respiratory therapist in
21 accordance with sections 334.800 to 334.930 and
22 corresponding regulations adopted by the state board for
23 respiratory care, who provides respiratory therapy services
24 in conjunction with an air ambulance program that is
25 certified in accordance with sections 190.001 to 190.245 and
26 corresponding regulations applicable to such programs;
27 (4) "Child", any natural, illegitimate, adopted, or
28 posthumous child or stepchild of a deceased public safety
29 officer who, at the time of the public safety officer's
30 fatality is:
HCS SS SCS SB 71 56
31 (a) Eighteen years of age or under;
32 (b) Over eighteen years of age and a student, as
33 defined in 5 U.S.C. Section 8101; or
34 (c) Over eighteen years of age and incapable of self-
35 support because of physical or mental disability;
36 (5) "Emergency medical technician", a person licensed
37 in emergency medical care in accordance with standards
38 prescribed by sections 190.001 to 190.245 and by rules
39 adopted by the department of health and senior services
40 under sections 190.001 to 190.245;
41 (6) "Firefighter", any person, including a volunteer
42 firefighter, employed by the state or a local governmental
43 entity as an employer defined under subsection 1 of section
44 287.030, or otherwise serving as a member or officer of a
45 fire department either for the purpose of the prevention or
46 control of fire or the underwater recovery of drowning
47 victims;
48 (7) "Flight crew member", an individual engaged in
49 flight responsibilities with an air ambulance licensed in
50 accordance with sections 190.001 to 190.245 and
51 corresponding regulations applicable to such programs;
52 (8) "Killed in the line of duty", when any person
53 defined in this section loses his or her life when:
54 (a) Death is caused by an accident or the willful act
55 of violence of another;
56 (b) The public safety officer is in the active
57 performance of his or her duties in his or her respective
58 profession and there is a relationship between the accident
59 or commission of the act of violence and the performance of
60 the duty, even if the individual is off duty; the public
61 safety officer is traveling to or from employment; or the
HCS SS SCS SB 71 57
62 public safety officer is taking any meal break or other
63 break which takes place while that individual is on duty;
64 (c) Death is the natural and probable consequence of
65 the injury; and
66 (d) Death occurs within three hundred weeks from the
67 date the injury was received.
68 The term excludes death resulting from the willful
69 misconduct or intoxication of the public safety officer.
70 The division of workers' compensation shall have the burden
71 of proving such willful misconduct or intoxication;
72 (9) "Law enforcement officer", any person employed by
73 the state or a local governmental entity as a police
74 officer, peace officer certified under chapter 590, or
75 serving as an auxiliary police officer or in some like
76 position involving the enforcement of the law and protection
77 of the public interest at the risk of that person's life;
78 (10) "Local governmental entity", includes counties,
79 municipalities, townships, board or other political
80 subdivision, cities under special charter, or under the
81 commission form of government, fire protection districts,
82 ambulance districts, and municipal corporations;
83 (11) "Public safety officer", any law enforcement
84 officer, firefighter, uniformed employee of the office of
85 the state fire marshal, emergency medical technician, police
86 officer, capitol police officer, parole officer, probation
87 officer, state correctional employee, water safety officer,
88 park ranger, conservation officer, or highway patrolman
89 employed by the state of Missouri or a political subdivision
90 thereof who is killed in the line of duty or any emergency
91 medical technician, air ambulance pilot, air ambulance
92 registered professional nurse, air ambulance registered
HCS SS SCS SB 71 58
93 respiratory therapist, or flight crew member who is killed
94 in the line of duty;
95 (12) "State", the state of Missouri and its
96 departments, divisions, boards, bureaus, commissions,
97 authorities, and colleges and universities;
98 (13) "Volunteer firefighter", a person having
99 principal employment other than as a firefighter, but who is
100 carried on the rolls of a regularly constituted fire
101 department either for the purpose of the prevention or
102 control of fire or the underwater recovery of drowning
103 victims, the members of which are under the jurisdiction of
104 the corporate authorities of a city, village, incorporated
105 town, or fire protection district. Volunteer firefighter
106 shall not mean an individual who volunteers assistance
107 without being regularly enrolled as a firefighter.
108 3. (1) A claim for compensation under this section
109 shall be filed by survivors of the deceased with the
110 division of workers' compensation not later than one year
111 from the date of death of a public safety officer. If a
112 claim is made within one year of the date of death of a
113 public safety officer killed in the line of duty,
114 compensation shall be paid, if the division finds that the
115 claimant is entitled to compensation under this section.
116 (2) The amount of compensation paid to the claimant
117 shall be twenty-five thousand dollars, subject to
118 appropriation, for death occurring on or after June 19, 2009.
119 4. Any compensation awarded under the provisions of
120 this section shall be distributed as follows:
121 (1) To the surviving spouse of the public safety
122 officer if there is no child who survived the public safety
123 officer;
HCS SS SCS SB 71 59
124 (2) Fifty percent to the surviving child, or children,
125 in equal shares, and fifty percent to the surviving spouse
126 if there is at least one child who survived the public
127 safety officer, and a surviving spouse of the public safety
128 officer;
129 (3) To the surviving child, or children, in equal
130 shares, if there is no surviving spouse of the public safety
131 officer;
132 (4) If there is no surviving spouse of the public
133 safety officer and no surviving child:
134 (a) To the surviving individual, or individuals, in
135 shares per the designation or, otherwise, in equal shares,
136 designated by the public safety officer to receive benefits
137 under this subsection in the most recently executed
138 designation of beneficiary of the public safety officer on
139 file at the time of death with the public safety agency,
140 organization, or unit; or
141 (b) To the surviving individual, or individuals, in
142 equal shares, designated by the public safety officer to
143 receive benefits under the most recently executed life
144 insurance policy of the public safety officer on file at the
145 time of death with the public safety agency, organization,
146 or unit if there is no individual qualifying under paragraph
147 (a) of this subdivision;
148 (5) To the surviving parent, or parents, in equal
149 shares, of the public safety officer if there is no
150 individual qualifying under subdivision (1), (2), (3), or
151 (4) of this subsection; or
152 (6) To the surviving individual, or individuals, in
153 equal shares, who would qualify under the definition of the
154 term "child" but for age if there is no individual
HCS SS SCS SB 71 60
155 qualifying under subdivision (1), (2), (3), (4), or (5) of
156 this subsection.
157 5. Notwithstanding subsection 3 of this section, no
158 compensation is payable under this section unless a claim is
159 filed within the time specified under this section setting
160 forth:
161 (1) The name, address, and title or designation of the
162 position in which the public safety officer was serving at
163 the time of his or her death;
164 (2) The name and address of the claimant;
165 (3) A full, factual account of the circumstances
166 resulting in or the course of events causing the death at
167 issue; and
168 (4) Such other information that is reasonably required
169 by the division.
170 When a claim is filed, the division of workers' compensation
171 shall make an investigation for substantiation of matters
172 set forth in the application.
173 6. The compensation provided for under this section is
174 in addition to, and not exclusive of, any pension rights,
175 death benefits, or other compensation the claimant may
176 otherwise be entitled to by law.
177 7. Neither employers nor workers' compensation
178 insurers shall have subrogation rights against any
179 compensation awarded for claims under this section. Such
180 compensation shall not be assignable, shall be exempt from
181 attachment, garnishment, and execution, and shall not be
182 subject to setoff or counterclaim, or be in any way liable
183 for any debt, except that the division or commission may
184 allow as lien on the compensation, reasonable attorney's
185 fees for services in connection with the proceedings for
HCS SS SCS SB 71 61
186 compensation if the services are found to be necessary.
187 Such fees are subject to regulation as set forth in section
188 287.260.
189 8. Any person seeking compensation under this section
190 who is aggrieved by the decision of the division of workers'
191 compensation regarding his or her compensation claim, may
192 make application for a hearing as provided in section
193 287.450. The procedures applicable to the processing of
194 such hearings and determinations shall be those established
195 by this chapter. Decisions of the administrative law judge
196 under this section shall be binding, subject to review by
197 either party under the provisions of section 287.480.
198 9. Pursuant to section 23.253 of the Missouri sunset
199 act:
200 (1) The provisions of the new program authorized under
201 this section shall automatically sunset [six years after
202 June 19, 2019] on December 31, 2031, unless reauthorized by
203 an act of the general assembly; and
204 (2) If such program is reauthorized, the program
205 authorized under this section shall automatically sunset
206 twelve years after the effective date of the reauthorization
207 of this section; and
208 (3) This section shall terminate on September first of
209 the calendar year immediately following the calendar year in
210 which the program authorized under this section is sunset.
211 10. The provisions of this section, unless specified,
212 shall not be subject to other provisions of this chapter.
213 11. There is hereby created in the state treasury the
214 "Line of Duty Compensation Fund", which shall consist of
215 moneys appropriated to the fund and any voluntary
216 contributions, gifts, or bequests to the fund. The state
217 treasurer shall be custodian of the fund and shall approve
HCS SS SCS SB 71 62
218 disbursements from the fund in accordance with sections
219 30.170 and 30.180. Upon appropriation, money in the fund
220 shall be used solely for paying claims under this section.
221 Notwithstanding the provisions of section 33.080 to the
222 contrary, any moneys remaining in the fund at the end of the
223 biennium shall not revert to the credit of the general
224 revenue fund. The state treasurer shall invest moneys in
225 the fund in the same manner as other funds are invested.
226 Any interest and moneys earned on such investments shall be
227 credited to the fund.
228 12. The division shall promulgate rules to administer
229 this section, including but not limited to the appointment
230 of claims to multiple claimants, record retention, and
231 procedures for information requests. Any rule or portion of
232 a rule, as that term is defined in section 536.010, that is
233 created under the authority delegated in this section shall
234 become effective only if it complies with and is subject to
235 all of the provisions of chapter 536 and, if applicable,
236 section 536.028. This section and chapter 536 are
237 nonseverable and if any of the powers vested with the
238 general assembly under chapter 536 to review, to delay the
239 effective date, or to disapprove and annul a rule are
240 subsequently held unconstitutional, then the grant of
241 rulemaking authority and any rule proposed or adopted after
242 June 19, 2009, shall be invalid and void.
1 292.606. 1. Fees shall be collected for a period of
2 six years from August 28, [2018] 2025.
3 2. (1) Any employer required to report under
4 subsection 1 of section 292.605, except local governments
5 and family-owned farm operations, shall submit an annual fee
6 to the commission of one hundred dollars along with the Tier
7 II form. Owners or operators of petroleum retail facilities
HCS SS SCS SB 71 63
8 shall pay a fee of no more than fifty dollars for each such
9 facility. Any person, firm or corporation selling,
10 delivering or transporting petroleum or petroleum products
11 and whose primary business deals with petroleum products or
12 who is covered by the provisions of chapter 323, if such
13 person, firm or corporation is paying fees under the
14 provisions of the federal hazardous materials transportation
15 registration and fee assessment program, shall deduct such
16 federal fees from those fees owed to the state under the
17 provisions of this subsection. If the federal fees exceed
18 or are equal to what would otherwise be owed under this
19 subsection, such employer shall not be liable for state fees
20 under this subsection. In relation to petroleum products
21 "primary business" shall mean that the person, firm or
22 corporation shall earn more than fifty percent of hazardous
23 chemical revenues from the sale, delivery or transport of
24 petroleum products. For the purpose of calculating fees,
25 all grades of gasoline are considered to be one product, all
26 grades of heating oils, diesel fuels, kerosenes, naphthas,
27 aviation turbine fuel, and all other heavy distillate
28 products except for grades of gasoline are considered to be
29 one product, and all varieties of motor lubricating oil are
30 considered to be one product. For the purposes of this
31 section "facility" shall mean all buildings, equipment,
32 structures and other stationary items that are located on a
33 single site or on contiguous or adjacent sites and which are
34 owned or operated by the same person. If more than three
35 hazardous substances or mixtures are reported on the Tier II
36 form, the employer shall submit an additional twenty-dollar
37 fee for each hazardous substance or mixture. Fees collected
38 under this subdivision shall be for each hazardous chemical
39 on hand at any one time in excess of ten thousand pounds or
HCS SS SCS SB 71 64
40 for extremely hazardous substances on hand at any one time
41 in excess of five hundred pounds or the threshold planning
42 quantity, whichever is less, or for explosives or blasting
43 agents on hand at any one time in excess of one hundred
44 pounds. However, no employer shall pay more than ten
45 thousand dollars per year in fees. Moneys acquired through
46 litigation and any administrative fees paid pursuant to
47 subsection 3 of this section shall not be applied toward
48 this cap.
49 (2) Employers engaged in transporting hazardous
50 materials by pipeline except local gas distribution
51 companies regulated by the Missouri public service
52 commission shall pay to the commission a fee of two hundred
53 fifty dollars for each county in which they operate.
54 (3) Payment of fees is due each year by March first.
55 A late fee of ten percent of the total owed, plus one
56 percent per month of the total, may be assessed by the
57 commission.
58 (4) If, on March first of each year, fees collected
59 under this section and natural resources damages made
60 available pursuant to section 640.235 exceed one million
61 dollars, any excess over one million dollars shall be
62 proportionately credited to fees payable in the succeeding
63 year by each employer who was required to pay a fee and who
64 did pay a fee in the year in which the excess occurred. The
65 limit of one million dollars contained herein shall be
66 reviewed by the commission concurrent with the review of
67 fees as required in subsection 1 of this section.
68 3. Beginning January 1, 2013, any employer filing its
69 Tier II form pursuant to subsection 1 of section 292.605 may
70 request that the commission distribute that employer's Tier
71 II report to the local emergency planning committees and
HCS SS SCS SB 71 65
72 fire departments listed in its Tier II report. Any employer
73 opting to have the commission distribute its Tier II report
74 shall pay an additional fee of ten dollars for each facility
75 listed in the report at the time of filing to recoup the
76 commission's distribution costs. Fees shall be deposited in
77 the chemical emergency preparedness fund established under
78 section 292.607. An employer who pays the additional fee
79 and whose Tier II report includes all local emergency
80 planning committees and fire departments required to be
81 notified under subsection 1 of section 292.605 shall satisfy
82 the reporting requirements of subsection 1 of section
83 292.605. The commission shall develop a mechanism for an
84 employer to exercise its option to have the commission
85 distribute its Tier II report.
86 4. Local emergency planning committees receiving funds
87 under section 292.604 shall coordinate with the commission
88 and the department in chemical emergency planning, training,
89 preparedness, and response activities. Local emergency
90 planning committees receiving funds under this section,
91 section 260.394, sections 292.602, 292.604, 292.605, 292.615
92 and section 640.235 shall provide to the commission an
93 annual report of expenditures and activities.
94 5. Fees collected by the department and all funds
95 provided to local emergency planning committees shall be
96 used for chemical emergency preparedness purposes as
97 outlined in sections 292.600 to 292.625 and the federal act,
98 including contingency planning for chemical releases;
99 exercising, evaluating, and distributing plans, providing
100 training related to chemical emergency preparedness and
101 prevention of chemical accidents; identifying facilities
102 required to report; processing the information submitted by
103 facilities and making it available to the public; receiving
HCS SS SCS SB 71 66
104 and handling emergency notifications of chemical releases;
105 operating a local emergency planning committee; and
106 providing public notice of chemical preparedness
107 activities. Local emergency planning committees receiving
108 funds under this section may combine such funds with other
109 local emergency planning committees to further the purposes
110 of sections 292.600 to 292.625, or the federal act.
111 6. The commission shall establish criteria and
112 guidance on how funds received by local emergency planning
113 committees may be used.
114 7. A one-time fee shall be assessed in accordance with
115 subsection 2 of this section and shall be calculated based
116 on the filing due on March 1, 2025, and shall be paid by
117 November 1, 2025.
1 301.551. 1. The department of revenue may require
2 that fingerprint submissions be made as part of an
3 application seeking licensure for a new motor vehicle
4 franchise dealer, used motor vehicle dealer, powersport
5 dealer, wholesale motor vehicle dealer, motor vehicle
6 dealer, public motor vehicle auction, recreational motor
7 vehicle dealer, trailer dealer, boat dealer, manufacturer,
8 or boat manufacturer, as such terms are defined in section
9 301.550.
10 2. If the department of revenue requires that
11 fingerprint submissions be made as part of such application,
12 the department of revenue shall require applicants to submit
13 the fingerprints to the Missouri state highway patrol for
14 the purpose of conducting a state and federal fingerprint-
15 based criminal history background check.
16 3. The fingerprints and any required fees shall be
17 sent to the Missouri state highway patrol's central
18 repository. The fingerprints shall be used for searching
HCS SS SCS SB 71 67
19 the state criminal records repository and shall also be
20 forwarded to the Federal Bureau of Investigation for a
21 federal criminal records search under section 43.540. The
22 Missouri state highway patrol shall notify the department of
23 any criminal history record information or lack of criminal
24 history record information discovered on the individual.
25 Notwithstanding the provisions of section 610.120 to the
26 contrary, all records related to any criminal history
27 information discovered shall be accessible and available to
28 the department.
1 324.055. 1. The Missouri board of occupational
2 therapy may require that fingerprint submissions be made as
3 part of an application seeking licensure as an occupational
4 therapist or an occupational therapy assistant, or a limited
5 permit to practice occupational therapy, as such terms are
6 defined in section 324.050 and as provided in section
7 324.077.
8 2. If the Missouri board of occupational therapy
9 requires that fingerprint submissions be made as part of
10 such application, the Missouri board of occupational therapy
11 shall require applicants to submit the fingerprints to the
12 Missouri state highway patrol for the purpose of conducting
13 a state and federal fingerprint-based criminal history
14 background check.
15 3. The fingerprints and any required fees shall be
16 sent to the Missouri state highway patrol's central
17 repository. The fingerprints shall be used for searching
18 the state criminal records repository and shall also be
19 forwarded to the Federal Bureau of Investigation for a
20 federal criminal records search under section 43.540. The
21 Missouri state highway patrol shall notify the Missouri
22 board of occupational therapy of any criminal history record
HCS SS SCS SB 71 68
23 information or lack of criminal history record information
24 discovered on the individual. Notwithstanding the
25 provisions of section 610.120 to the contrary, all records
26 related to any criminal history information discovered shall
27 be accessible and available to the Missouri board of
28 occupational therapy.
1 324.129. 1. The state board of registration for the
2 healing arts may require that fingerprint submissions be
3 made as part of an application seeking licensure as a
4 licensed clinical perfusionist and provisional clinical
5 licensed perfusionist, as defined in section 324.128.
6 2. If the state board of registration for the healing
7 arts requires that fingerprint submissions be made as part
8 of such application, the state board of registration for the
9 healing arts shall require applicants to submit the
10 fingerprints to the Missouri state highway patrol for the
11 purpose of conducting a state and federal fingerprint-based
12 criminal history background check.
13 3. The fingerprints and any required fees shall be
14 sent to the Missouri state highway patrol's central
15 repository. The fingerprints shall be used for searching
16 the state criminal records repository and shall also be
17 forwarded to the Federal Bureau of Investigation for a
18 federal criminal records search under section 43.540. The
19 Missouri state highway patrol shall notify the state board
20 of registration for the healing arts of any criminal history
21 record information or lack of criminal history record
22 information discovered on the individual. Notwithstanding
23 the provisions of section 610.120 to the contrary, all
24 records related to any criminal history information
25 discovered shall be accessible and available to the state
26 board of registration for the healing arts.
HCS SS SCS SB 71 69
1 324.246. 1. The board of therapeutic massage may
2 require that fingerprint submissions be made as part of an
3 application seeking a license, provisional license, or
4 student license as a massage therapist and a license as a
5 massage business, as such terms are defined in section
6 324.240 and as provided in sections 324.247 and 324.265.
7 2. If the board of therapeutic massage requires that
8 fingerprint submissions be made as part of such application,
9 the board of therapeutic massage shall require applicants to
10 submit the fingerprints to the Missouri state highway patrol
11 for the purpose of conducting a state and federal
12 fingerprint-based criminal history background check.
13 3. The fingerprints and any required fees shall be
14 sent to the Missouri state highway patrol's central
15 repository. The fingerprints shall be used for searching
16 the state criminal records repository and shall also be
17 forwarded to the Federal Bureau of Investigation for a
18 federal criminal records search under section 43.540. The
19 Missouri state highway patrol shall notify the board of
20 therapeutic massage of any criminal history record
21 information or lack of criminal history record information
22 discovered on the individual. Notwithstanding the
23 provisions of section 610.120 to the contrary, all records
24 related to any criminal history information discovered shall
25 be accessible and available to the board of therapeutic
26 massage.
1 324.488. 1. The state board of chiropractic examiners
2 may require that fingerprint submissions be made as part of
3 an application seeking licensure as an acupuncturist, as
4 such term is defined in section 324.475.
5 2. If the state board of chiropractic examiners
6 requires that fingerprint submissions be made as part of
HCS SS SCS SB 71 70
7 such application, the state board of chiropractic examiners
8 shall require applicants to submit the fingerprints to the
9 Missouri state highway patrol for the purpose of conducting
10 a state and federal fingerprint-based criminal history
11 background check.
12 3. The fingerprints and any required fees shall be
13 sent to the Missouri state highway patrol's central
14 repository. The fingerprints shall be used for searching
15 the state criminal records repository and shall also be
16 forwarded to the Federal Bureau of Investigation for a
17 federal criminal records search under section 43.540. The
18 Missouri state highway patrol shall notify the state board
19 of chiropractic examiners of any criminal history record
20 information or lack of criminal history record information
21 discovered on the individual. Notwithstanding the
22 provisions of section 610.120 to the contrary, all records
23 related to any criminal history information discovered shall
24 be accessible and available to the state board of
25 chiropractic examiners.
1 324.1105. 1. The board of private investigator and
2 private fire investigator examiners may require that
3 fingerprint submissions be made as part of an application
4 seeking licensure as a private investigator or private fire
5 investigator or as an employee of a private investigator
6 agency or private fire investigator agency, as such terms
7 are defined in section 324.1100.
8 2. If the board of private investigator and private
9 fire investigator examiners requires that fingerprint
10 submissions be made as part of such application, the board
11 of private investigator and private fire investigator
12 examiners shall require applicants to submit the
13 fingerprints to the Missouri state highway patrol for the
HCS SS SCS SB 71 71
14 purpose of conducting a state and federal fingerprint-based
15 criminal history background check.
16 3. The fingerprints and any required fees shall be
17 sent to the Missouri state highway patrol's central
18 repository. The fingerprints shall be used for searching
19 the state criminal records repository and shall also be
20 forwarded to the Federal Bureau of Investigation for a
21 federal criminal records search under section 43.540. The
22 Missouri state highway patrol shall notify the board of
23 private investigator and private fire investigator examiners
24 of any criminal history record information or lack of
25 criminal history record information discovered on the
26 individual. Notwithstanding the provisions of section
27 610.120 to the contrary, all records related to any criminal
28 history information discovered shall be accessible and
29 available to the board of private investigator and private
30 fire investigator examiners.
1 326.257. 1. The Missouri state board of accountancy
2 may require that fingerprint submissions be made as part of
3 an application seeking licensure as a certified public
4 accountant and a permit for a certified public accounting
5 firm, as defined in section 326.256.
6 2. If the Missouri state board of accountancy requires
7 that fingerprint submissions be made as part of such
8 application, the Missouri state board of accountancy shall
9 require applicants to submit the fingerprints to the
10 Missouri state highway patrol for the purpose of conducting
11 a state and federal fingerprint-based criminal history
12 background check.
13 3. The fingerprints and any required fees shall be
14 sent to the Missouri state highway patrol's central
15 repository. The fingerprints shall be used for searching
HCS SS SCS SB 71 72
16 the state criminal records repository and shall also be
17 forwarded to the Federal Bureau of Investigation for a
18 federal criminal records search under section 43.540. The
19 Missouri state highway patrol shall notify the Missouri
20 state board of accountancy of any criminal history record
21 information or lack of criminal history record information
22 discovered on the individual. Notwithstanding the
23 provisions of section 610.120 to the contrary, all records
24 related to any criminal history information discovered shall
25 be accessible and available to the Missouri state board of
26 accountancy.
1 330.025. 1. The state board of podiatric medicine may
2 require that fingerprint submissions be made as part of an
3 application seeking a permanent license or a temporary
4 license to practice podiatric medicine, as provided in
5 sections 330.045 and 330.065, or a permanent podiatric
6 medicine license with ankle certification, as such term is
7 defined in subsection 4 of this section.
8 2. If the state board of podiatric medicine requires
9 that fingerprint submissions be made as part of such
10 application, the state board of podiatric medicine shall
11 require applicants to submit the fingerprints to the
12 Missouri state highway patrol for the purpose of conducting
13 a state and federal fingerprint-based criminal history
14 background check.
15 3. The fingerprints and any required fees shall be
16 sent to the Missouri state highway patrol's central
17 repository. The fingerprints shall be used for searching
18 the state criminal records repository and shall also be
19 forwarded to the Federal Bureau of Investigation for a
20 federal criminal records search under section 43.540. The
21 Missouri state highway patrol shall notify the state board
HCS SS SCS SB 71 73
22 of podiatric medicine of any criminal history record
23 information or lack of criminal history record information
24 discovered on the individual. Notwithstanding the
25 provisions of section 610.120 to the contrary, all records
26 related to any criminal history information discovered shall
27 be accessible and available to the state board of podiatric
28 medicine.
29 4. For purposes of this section, the term "permanent
30 podiatric medicine license with ankle certification" means a
31 license issued to a doctor of podiatric medicine who has met
32 the requirements for performing surgery on the ankle as
33 provided in section 330.010.
1 331.025. 1. The state board of chiropractic examiners
2 may require that fingerprint submissions be made as part of
3 an application seeking licensure to engage in the practice
4 of chiropractic, as such term is defined in section 331.010.
5 2. If the state board of chiropractic examiners
6 requires that fingerprint submissions be made as part of
7 such application, the state board of chiropractic examiners
8 shall require applicants to submit the fingerprints to the
9 Missouri state highway patrol for the purpose of conducting
10 a state and federal fingerprint-based criminal history
11 background check.
12 3. The fingerprints and any required fees shall be
13 sent to the Missouri state highway patrol's central
14 repository. The fingerprints shall be used for searching
15 the state criminal records repository and shall also be
16 forwarded to the Federal Bureau of Investigation for a
17 federal criminal records search under section 43.540. The
18 Missouri state highway patrol shall notify the state board
19 of chiropractic examiners of any criminal history record
20 information or lack of criminal history record information
HCS SS SCS SB 71 74
21 discovered on the individual. Notwithstanding the
22 provisions of section 610.120 to the contrary, all records
23 related to any criminal history information discovered shall
24 be accessible and available to the state board of
25 chiropractic examiners.
1 332.015. 1. The Missouri dental board may require
2 that fingerprint submissions be made as part of an
3 application seeking licensure as a dentist, a dental
4 specialist, a volunteer dentist, a temporary dentist, a
5 dental hygienist, or a volunteer dental hygienist, a limited
6 dental teaching license, and a dental faculty permit, as
7 provided in sections 332.091, 332.112, 332.113, 332.171,
8 332.181, 332.183, 332.201, and 332.425.
9 2. If the Missouri dental board requires that
10 fingerprint submissions be made as part of such application,
11 the Missouri dental board shall require applicants to submit
12 the fingerprints to the Missouri state highway patrol for
13 the purpose of conducting a state and federal fingerprint-
14 based criminal history background check.
15 3. The fingerprints and any required fees shall be
16 sent to the Missouri state highway patrol's central
17 repository. The fingerprints shall be used for searching
18 the state criminal records repository and shall also be
19 forwarded to the Federal Bureau of Investigation for a
20 federal criminal records search under section 43.540. The
21 Missouri state highway patrol shall notify the Missouri
22 dental board of any criminal history record information or
23 lack of criminal history record information discovered on
24 the individual. Notwithstanding the provisions of section
25 610.120 to the contrary, all records related to any criminal
26 history information discovered shall be accessible and
27 available to the Missouri dental board.
HCS SS SCS SB 71 75
1 334.015. 1. The state board of registration for the
2 healing arts may require that fingerprint submissions be
3 made as part of an application for a permanent license,
4 temporary license, or limited license as a physician and
5 assistant physician, as provided in sections 334.035,
6 334.036, 334.045, 334.046, and 334.112.
7 2. If the state board of registration for the healing
8 arts requires that fingerprint submissions be made as part
9 of such application, the state board of registration for the
10 healing arts shall require applicants to submit the
11 fingerprints to the Missouri state highway patrol for the
12 purpose of conducting a state and federal fingerprint-based
13 criminal history background check.
14 3. The fingerprints and any required fees shall be
15 sent to the Missouri state highway patrol's central
16 repository. The fingerprints shall be used for searching
17 the state criminal records repository and shall also be
18 forwarded to the Federal Bureau of Investigation for a
19 federal criminal records search under section 43.540. The
20 Missouri state highway patrol shall notify the state board
21 of registration for the healing arts of any criminal history
22 record information or lack of criminal history record
23 information discovered on the individual. Notwithstanding
24 the provisions of section 610.120 to the contrary, all
25 records related to any criminal history information
26 discovered shall be accessible and available to the state
27 board of registration for the healing arts.
1 334.403. 1. The state board of registration for the
2 healing arts may require that fingerprint submissions be
3 made as part of an application seeking licensure as an
4 anesthesiologist assistant, as such term is defined in
HCS SS SCS SB 71 76
5 section 334.400, or a temporary license to practice as an
6 anesthesiologist assistant, as provided in section 334.406.
7 2. If the state board of registration for the healing
8 arts requires that fingerprint submissions be made as part
9 of such application, the state board of registration for the
10 healing arts shall require applicants to submit the
11 fingerprints to the Missouri state highway patrol for the
12 purpose of conducting a state and federal fingerprint-based
13 criminal history background check.
14 3. The fingerprints and any required fees shall be
15 sent to the Missouri state highway patrol's central
16 repository. The fingerprints shall be used for searching
17 the state criminal records repository and shall also be
18 forwarded to the Federal Bureau of Investigation for a
19 federal criminal records search under section 43.540. The
20 Missouri state highway patrol shall notify the state board
21 of registration for the healing arts of any criminal history
22 record information or lack of criminal history record
23 information discovered on the individual. Notwithstanding
24 the provisions of section 610.120 to the contrary, all
25 records related to any criminal history information
26 discovered shall be accessible and available to the state
27 board of registration for the healing arts.
1 334.501. 1. The state board of registration for the
2 healing arts may require that fingerprint submissions be
3 made as part of an application seeking a license or
4 temporary license as a physical therapist or physical
5 therapist assistant, as such terms are defined in section
6 334.500 and as provided in section 334.550.
7 2. If the state board of registration for the healing
8 arts requires that fingerprint submissions be made as part
9 of such application, the state board of registration for the
HCS SS SCS SB 71 77
10 healing arts shall require applicants to submit the
11 fingerprints to the Missouri state highway patrol for the
12 purpose of conducting a state and federal fingerprint-based
13 criminal history background check.
14 3. The fingerprints and any required fees shall be
15 sent to the Missouri state highway patrol's central
16 repository. The fingerprints shall be used for searching
17 the state criminal records repository and shall also be
18 forwarded to the Federal Bureau of Investigation for a
19 federal criminal records search under section 43.540. The
20 Missouri state highway patrol shall notify the state board
21 of registration for the healing arts of any criminal history
22 record information or lack of criminal history record
23 information discovered on the individual. Notwithstanding
24 the provisions of section 610.120 to the contrary, all
25 records related to any criminal history information
26 discovered shall be accessible and available to the state
27 board of registration for the healing arts.
1 334.701. 1. The state board of registration for the
2 healing arts may require that fingerprint submissions be
3 made as part of an application seeking licensure as an
4 athletic trainer, as such term is defined in section 334.702.
5 2. If the state board of registration for the healing
6 arts requires that fingerprint submissions be made as part
7 of such application, the state board of registration for the
8 healing arts shall require applicants to submit the
9 fingerprints to the Missouri state highway patrol for the
10 purpose of conducting a state and federal fingerprint-based
11 criminal history background check.
12 3. The fingerprints and any required fees shall be
13 sent to the Missouri state highway patrol's central
14 repository. The fingerprints shall be used for searching
HCS SS SCS SB 71 78
15 the state criminal records repository and shall also be
16 forwarded to the Federal Bureau of Investigation for a
17 federal criminal records search under section 43.540. The
18 Missouri state highway patrol shall notify the state board
19 of registration for the healing arts of any criminal history
20 record information or lack of criminal history record
21 information discovered on the individual. Notwithstanding
22 the provisions of section 610.120 to the contrary, all
23 records related to any criminal history information
24 discovered shall be accessible and available to the state
25 board of registration for the healing arts.
1 334.739. 1. The state board of registration for the
2 healing arts may require that fingerprint submissions be
3 made as part of an application seeking a license or
4 temporary license as a physician assistant, as such term is
5 defined in section 334.735 and as provided in section
6 334.736.
7 2. If the state board of registration for the healing
8 arts requires that fingerprint submissions be made as part
9 of such application, the state board of registration for the
10 healing arts shall require applicants to submit the
11 fingerprints to the Missouri state highway patrol for the
12 purpose of conducting a state and federal fingerprint-based
13 criminal history background check.
14 3. The fingerprints and any required fees shall be
15 sent to the Missouri state highway patrol's central
16 repository. The fingerprints shall be used for searching
17 the state criminal records repository and shall also be
18 forwarded to the Federal Bureau of Investigation for a
19 federal criminal records search under section 43.540. The
20 Missouri state highway patrol shall notify the state board
21 of registration for the healing arts of any criminal history
HCS SS SCS SB 71 79
22 record information or lack of criminal history record
23 information discovered on the individual. Notwithstanding
24 the provisions of section 610.120 to the contrary, all
25 records related to any criminal history information
26 discovered shall be accessible and available to the state
27 board of registration for the healing arts.
1 334.805. 1. The Missouri board for respiratory care
2 may require that fingerprint submissions be made as part of
3 an application seeking licensure as a respiratory care
4 practitioner, an educational permit to practice respiratory
5 care, or a temporary permit to practice respiratory care, as
6 such terms are defined in section 334.800 and as provided in
7 section 334.890.
8 2. If the Missouri board for respiratory care requires
9 that fingerprint submissions be made as part of such
10 application, the Missouri board for respiratory care shall
11 require applicants to submit the fingerprints to the
12 Missouri state highway patrol for the purpose of conducting
13 a state and federal fingerprint-based criminal history
14 background check.
15 3. The fingerprints and any required fees shall be
16 sent to the Missouri state highway patrol's central
17 repository. The fingerprints shall be used for searching
18 the state criminal records repository and shall also be
19 forwarded to the Federal Bureau of Investigation for a
20 federal criminal records search under section 43.540. The
21 Missouri state highway patrol shall notify the Missouri
22 board for respiratory care of any criminal history record
23 information or lack of criminal history record information
24 discovered on the individual. Notwithstanding the
25 provisions of section 610.120 to the contrary, all records
26 related to any criminal history information discovered shall
HCS SS SCS SB 71 80
27 be accessible and available to the Missouri board for
28 respiratory care.
1 335.022. 1. The state board of nursing may require
2 applicants to submit fingerprints to the Missouri state
3 highway patrol for the purpose of conducting a state and
4 federal fingerprint-based criminal history background check
5 for employment purposes with the state board of nursing.
6 2. The fingerprints and any required fees shall be
7 sent to the Missouri state highway patrol's central
8 repository. The fingerprints shall be used for searching
9 the state criminal records repository and shall also be
10 forwarded to the Federal Bureau of Investigation for a
11 federal criminal records search under section 43.540. The
12 Missouri state highway patrol shall notify the state board
13 of nursing of any criminal history record information or
14 lack of criminal history record information discovered on
15 the individual. Notwithstanding the provisions of section
16 610.120 to the contrary, all records related to any criminal
17 history information discovered shall be accessible and
18 available to the state board of nursing.
1 335.042. 1. The state board of nursing may require
2 that fingerprint submissions be made as part of an
3 application seeking licensure to practice as a registered
4 nurse, practical nurse, and advanced practice registered
5 nurse, as such terms are defined in section 335.016.
6 2. If the state board of nursing requires that
7 fingerprint submissions be made as part of such application,
8 the state board of nursing shall require nursing applicants
9 to submit the fingerprints to the Missouri state highway
10 patrol for the purpose of conducting a state and federal
11 fingerprint-based criminal history background check.
HCS SS SCS SB 71 81
12 3. The fingerprints and any required fees shall be
13 sent to the Missouri state highway patrol's central
14 repository. The fingerprints shall be used for searching
15 the state criminal records repository and shall also be
16 forwarded to the Federal Bureau of Investigation for a
17 federal criminal records search under section 43.540. The
18 Missouri state highway patrol shall notify the state board
19 of nursing of any criminal history record information or
20 lack of criminal history record information discovered on
21 the individual. Notwithstanding the provisions of section
22 610.120 to the contrary, all records related to any criminal
23 history information discovered shall be accessible and
24 available to the state board of nursing.
1 336.025. 1. The state board of optometry may require
2 that fingerprint submissions be made as part of an
3 application seeking licensure to practice as an optometrist,
4 as provided in sections 336.010 and 336.030.
5 2. If the state board of optometry requires that
6 fingerprint submissions be made as part of such application,
7 the state board of optometry shall require applicants to
8 submit the fingerprints to the Missouri state highway patrol
9 for the purpose of conducting a state and federal
10 fingerprint-based criminal history background check.
11 3. The fingerprints and any required fees shall be
12 sent to the Missouri state highway patrol's central
13 repository. The fingerprints shall be used for searching
14 the state criminal records repository and shall also be
15 forwarded to the Federal Bureau of Investigation for a
16 federal criminal records search under section 43.540. The
17 Missouri state highway patrol shall notify the state board
18 of optometry of any criminal history record information or
19 lack of criminal history record information discovered on
HCS SS SCS SB 71 82
20 the individual. Notwithstanding the provisions of section
21 610.120 to the contrary, all records related to any criminal
22 history information discovered shall be accessible and
23 available to the state board of optometry.
1 337.018. 1. The state committee of psychologists may
2 require that fingerprint submissions be made as part of an
3 application seeking licensure as a licensed psychologist,
4 provisional licensed psychologist, and temporary license for
5 a licensed psychologist.
6 2. If the state committee of psychologists requires
7 that fingerprint submissions be made as part of such
8 application, the state committee of psychologists shall
9 require applicants to submit the fingerprints to the
10 Missouri state highway patrol for the purpose of conducting
11 a state and federal fingerprint-based criminal history
12 background check.
13 3. The fingerprints and any required fees shall be
14 sent to the Missouri state highway patrol's central
15 repository. The fingerprints shall be used for searching
16 the state criminal records repository and shall also be
17 forwarded to the Federal Bureau of Investigation for a
18 federal criminal records search under section 43.540. The
19 Missouri state highway patrol shall notify the state
20 committee of psychologists of any criminal history record
21 information or lack of criminal history record information
22 discovered on the individual. Notwithstanding the
23 provisions of section 610.120 to the contrary, all records
24 related to any criminal history information discovered shall
25 be accessible and available to the state committee of
26 psychologists.
1 337.308. 1. The behavior analyst advisory board may
2 require that fingerprint submissions be made as part of an
HCS SS SCS SB 71 83
3 application seeking licensure, provisional licensure, or
4 temporary licensure as a licensed behavior analyst or a
5 licensed assistant behavior analyst, as such terms are
6 defined in section 337.300.
7 2. If the behavior analyst advisory board requires
8 that fingerprint submissions be made as part of such
9 application, the behavior analyst advisory board shall
10 require applicants to submit the fingerprints to the
11 Missouri state highway patrol for the purpose of conducting
12 a state and federal fingerprint-based criminal history
13 background check.
14 3. The fingerprints and any required fees shall be
15 sent to the Missouri state highway patrol's central
16 repository. The fingerprints shall be used for searching
17 the state criminal records repository and shall also be
18 forwarded to the Federal Bureau of Investigation for a
19 federal criminal records search under section 43.540. The
20 Missouri state highway patrol shall notify the behavior
21 analyst advisory board of any criminal history record
22 information or lack of criminal history record information
23 discovered on the individual. Notwithstanding the
24 provisions of section 610.120 to the contrary, all records
25 related to any criminal history information discovered shall
26 be accessible and available to the behavior analyst advisory
27 board.
1 337.501. 1. The committee for professional counselors
2 may require that fingerprint submissions be made as part of
3 an application seeking licensure as a licensed professional
4 counselor and provisional licensed professional counselor,
5 as defined in section 337.500.
6 2. If the committee for professional counselors
7 requires that fingerprint submissions be made as part of
HCS SS SCS SB 71 84
8 such application, the committee for professional counselors
9 shall require applicants to submit the fingerprints to the
10 Missouri state highway patrol for the purpose of conducting
11 a state and federal fingerprint-based criminal history
12 background check.
13 3. The fingerprints and any required fees shall be
14 sent to the Missouri state highway patrol's central
15 repository. The fingerprints shall be used for searching
16 the state criminal records repository and shall also be
17 forwarded to the Federal Bureau of Investigation for a
18 federal criminal records search under section 43.540. The
19 Missouri state highway patrol shall notify the committee for
20 professional counselors of any criminal history record
21 information or lack of criminal history record information
22 discovered on the individual. Notwithstanding the
23 provisions of section 610.120 to the contrary, all records
24 related to any criminal history information discovered shall
25 be accessible and available to the committee for
26 professional counselors.
1 337.605. 1. The state committee for social workers
2 may require that fingerprint submissions be made as part of
3 an application seeking a license or a temporary permit to
4 practice as a licensed clinical social worker, licensed
5 advanced macro social worker, licensed master social worker,
6 and licensed baccalaureate social worker, as such terms are
7 defined in section 337.600 and as provided in section
8 337.621.
9 2. If the state committee for social workers requires
10 that fingerprint submissions be made as part of such
11 application, the state committee for social workers shall
12 require applicants to submit the fingerprints to the
13 Missouri state highway patrol for the purpose of conducting
HCS SS SCS SB 71 85
14 a state and federal fingerprint-based criminal history
15 background check.
16 3. The fingerprints and any required fees shall be
17 sent to the Missouri state highway patrol's central
18 repository. The fingerprints shall be used for searching
19 the state criminal records repository and shall also be
20 forwarded to the Federal Bureau of Investigation for a
21 federal criminal records search under section 43.540. The
22 Missouri state highway patrol shall notify the state
23 committee for social workers of any criminal history record
24 information or lack of criminal history record information
25 discovered on the individual. Notwithstanding the
26 provisions of section 610.120 to the contrary, all records
27 related to any criminal history information discovered shall
28 be accessible and available to the state committee for
29 social workers.
1 337.702. 1. The state committee of marital and family
2 therapists may require that fingerprint submissions be made
3 as part of an application seeking licensure as a licensed
4 marital and family therapist or provisional licensed marital
5 and family therapist as such terms are defined in section
6 337.700.
7 2. If the state committee of marital and family
8 therapists requires that fingerprint submissions be made as
9 part of such application, the state committee of marital and
10 family therapists shall require applicants to submit the
11 fingerprints to the Missouri state highway patrol for the
12 purpose of conducting a state and federal fingerprint-based
13 criminal history background check.
14 3. The fingerprints and any required fees shall be
15 sent to the Missouri state highway patrol's central
16 repository. The fingerprints shall be used for searching
HCS SS SCS SB 71 86
17 the state criminal records repository and shall also be
18 forwarded to the Federal Bureau of Investigation for a
19 federal criminal records search under section 43.540. The
20 Missouri state highway patrol shall notify the state
21 committee of marital and family therapists of any criminal
22 history record information or lack of criminal history
23 record information discovered on the individual.
24 Notwithstanding the provisions of section 610.120 to the
25 contrary, all records related to any criminal history
26 information discovered shall be accessible and available to
27 the state committee of marital and family therapists.
1 338.052. 1. The board of pharmacy may require that
2 fingerprint submissions be made as part of an application
3 seeking a license to practice pharmacy as a pharmacist, a
4 certificate of registration as a pharmacy technician, a
5 license as an intern pharmacist, a license as a wholesale
6 drug distributor, a license as a third-party logistics
7 provider, a temporary license as a pharmacist, a permit for
8 the practice of pharmacy to be conducted at a pharmacy, and
9 a license as a drug outsourcer, as provided in sections
10 338.010, 338.013, 338.035, 338.043, 338.050, 338.210, and
11 338.330, and a manager-in-charge, wholesale drug distributor
12 facility manager, third-party logistics provider facility
13 manager, wholesale drug distributor facility owner, or third-
14 party logistics provider facility owner, as such terms are
15 defined in subsection 4 of this section.
16 2. If the board of pharmacy requires that fingerprint
17 submissions be made as part of such application, the board
18 of pharmacy shall require applicants to submit the
19 fingerprints to the Missouri state highway patrol for the
20 purpose of conducting a state and federal fingerprint-based
21 criminal history background check.
HCS SS SCS SB 71 87
22 3. The fingerprints and any required fees shall be
23 sent to the Missouri state highway patrol's central
24 repository. The fingerprints shall be used for searching
25 the state criminal records repository and shall also be
26 forwarded to the Federal Bureau of Investigation for a
27 federal criminal records search under section 43.540. The
28 Missouri state highway patrol shall notify the board of
29 pharmacy of any criminal history record information or lack
30 of criminal history record information discovered on the
31 individual. Notwithstanding the provisions of section
32 610.120 to the contrary, all records related to any criminal
33 history information discovered shall be accessible and
34 available to the board of pharmacy.
35 4. For purposes of this section, the following terms
36 mean:
37 (1) "Manager-in-charge", a person who directly
38 supervises a licensed wholesale drug distributor or a third-
39 party logistics provider, as such terms are defined in
40 section 338.330, and whose fingerprints are required by
41 federal or state law for licensure of a wholesale drug
42 distributor facility or third-party logistics provider
43 facility;
44 (2) "Third-party logistics provider facility manager",
45 a person who is a manager and direct supervisor of a
46 licensed third-party logistics provider, as such term is
47 defined in section 338.330, and whose fingerprints are
48 required by federal or state law for licensure of a third-
49 party logistics provider facility;
50 (3) "Third-party logistics provider facility owner", a
51 person who is an owner with greater than ten percent
52 ownership interest of a licensed third-party logistics
53 provider, as such term is defined in section 338.330, and
HCS SS SCS SB 71 88
54 whose fingerprints are required by federal or state law for
55 licensure of a third-party logistics provider facility;
56 (4) "Wholesale drug distributor facility manager", a
57 person who is a manager of a wholesale drug distributor, as
58 such term is defined in section 338.330, and whose
59 fingerprints are required by federal or state law for
60 licensure of a wholesale drug distributor facility;
61 (5) "Wholesale drug distributor facility owner", a
62 person who is an owner with greater than ten percent
63 ownership interest of a licensed wholesale drug distributor,
64 as such term is defined in section 338.330, and whose
65 fingerprints are required by federal or state law for
66 licensure of a wholesale drug distributor facility.
1 339.015. 1. The Missouri real estate commission may
2 require that fingerprint submissions be made as part of an
3 application seeking licensure as a real estate broker, real
4 estate salesperson, and real estate broker-salesperson, as
5 such terms are defined in section 339.010 and as provided in
6 sections 339.030 and 339.040.
7 2. If the Missouri real estate commission requires
8 that fingerprint submissions be made as part of such
9 application, the Missouri real estate commission shall
10 require applicants to submit the fingerprints to the
11 Missouri state highway patrol for the purpose of conducting
12 a state and federal fingerprint-based criminal history
13 background check.
14 3. The fingerprints and any required fees shall be
15 sent to the Missouri state highway patrol's central
16 repository. The fingerprints shall be used for searching
17 the state criminal records repository and shall also be
18 forwarded to the Federal Bureau of Investigation for a
19 federal criminal records search under section 43.540. The
HCS SS SCS SB 71 89
20 Missouri state highway patrol shall notify the Missouri real
21 estate commission of any criminal history record information
22 or lack of criminal history record information discovered on
23 the individual. Notwithstanding the provisions of section
24 610.120 to the contrary, all records related to any criminal
25 history information discovered shall be accessible and
26 available to the Missouri real estate commission.
1 339.510. 1. The Missouri real estate appraisers
2 commission may require that fingerprint submissions be made
3 as part of an application seeking licensure as a certified
4 residential appraiser, a certified residential appraiser
5 trainee, a certified general appraiser, a certified general
6 appraiser trainee, a state-licensed appraiser, a state-
7 licensed appraiser trainee, an appraisal management company,
8 a controlling person of an appraisal management company, and
9 an owner of an appraisal management company.
10 2. If the Missouri real estate appraisers commission
11 requires that fingerprint submissions be made as part of
12 such application, the Missouri real estate appraisers
13 commission shall require applicants to submit the
14 fingerprints to the Missouri state highway patrol for the
15 purpose of conducting a state and federal fingerprint-based
16 criminal history background check.
17 3. The fingerprints and any required fees shall be
18 sent to the Missouri state highway patrol's central
19 repository. The fingerprints shall be used for searching
20 the state criminal records repository and shall also be
21 forwarded to the Federal Bureau of Investigation for a
22 federal criminal records search under section 43.540. The
23 Missouri state highway patrol shall notify the Missouri real
24 estate appraisers commission of any criminal history record
25 information or lack of criminal history record information
HCS SS SCS SB 71 90
26 discovered on the individual. Notwithstanding the
27 provisions of section 610.120 to the contrary, all records
28 related to any criminal history information discovered shall
29 be accessible and available to the Missouri real estate
30 appraisers commission.
31 4. For purposes of this section, the following terms
32 mean:
33 (1) "Appraisal management company", an individual that
34 utilizes an appraisal panel and performs appraisal
35 management services for licensure;
36 (2) "Appraisal management services", to perform any of
37 the following functions on behalf of a lender, financial
38 institution, or client:
39 (a) Administer an appraiser panel;
40 (b) Recruit, qualify, verify licensing or
41 certification, and negotiate fees and service level
42 expectations with persons who are part of an appraiser panel;
43 (c) Receive an order for an appraisal from one
44 individual and deliver the order for the appraisal to an
45 appraiser that is part of an appraiser panel for completion;
46 (d) Track and determine the status of orders for
47 appraisals performed by appraisers who are part of an
48 appraisal panel;
49 (e) Conduct quality control of a completed appraisal
50 performed by an appraiser who is part of an appraisal panel
51 prior to the delivery of the appraisal to the individual who
52 ordered the appraisal; and
53 (f) Provide a completed appraisal performed by an
54 appraiser who is part of an appraisal panel to one or more
55 individuals who have ordered an appraisal;
56 (3) "Certified general appraiser", an individual who
57 is qualified by education, experience, and examination to
HCS SS SCS SB 71 91
58 appraise any real property, and whose fingerprints are
59 required for licensure;
60 (4) "Certified general appraiser trainee", an
61 individual who, under supervision, is qualified to appraise
62 certain real property and whose fingerprints are required
63 for licensure;
64 (5) "Certified residential appraiser", an individual
65 who is qualified to appraise certain real property and whose
66 fingerprints are required for licensure;
67 (6) "Certified residential appraiser trainee", an
68 individual who, under supervision, is qualified to appraise
69 certain real property and whose fingerprints are required
70 for licensure;
71 (7) "Controlling person of an appraisal management
72 company":
73 (a) An owner of an appraisal management company;
74 (b) An individual employed, appointed, or authorized
75 by an appraisal management company that has the authority to
76 enter into a contractual relationship with other persons for
77 the performance of appraisal management services and has the
78 authority to enter into agreements with appraisers for the
79 performance of appraisals; or
80 (c) An individual who possesses the power to direct or
81 cause the direction of the management or policies of an
82 appraisal management company whose fingerprints are required
83 for licensure;
84 (8) "Owner of an appraisal management company", an
85 individual who owns ten percent or more of a licensed
86 appraisal management company and whose fingerprints are
87 required for licensure;
HCS SS SCS SB 71 92
88 (9) "State-licensed appraiser", an individual who is
89 qualified to appraise certain real property and whose
90 fingerprints are required for licensure;
91 (10) "State-licensed appraiser trainee", an individual
92 who, under supervision, is qualified to appraise certain
93 real property and whose fingerprints are required for
94 licensure.
1 345.016. 1. The state board of registration for the
2 healing arts may require that fingerprint submissions be
3 made as part of an application seeking a license, as
4 described in section 345.020, or provisional license, as
5 described in section 345.021, as an audiologist, an
6 audiology aide, a speech-language pathologist, a speech-
7 language pathology aide, and a speech-language pathology
8 assistant, as such terms are defined in section 345.015.
9 2. If the state board of registration for the healing
10 arts requires that fingerprint submissions be made as part
11 of such application, the state board of registration for the
12 healing arts shall require applicants to submit the
13 fingerprints to the Missouri state highway patrol for the
14 purpose of conducting a state and federal fingerprint-based
15 criminal history background check.
16 3. The fingerprints and any required fees shall be
17 sent to the Missouri state highway patrol's central
18 repository. The fingerprints shall be used for searching
19 the state criminal records repository and shall also be
20 forwarded to the Federal Bureau of Investigation for a
21 federal criminal records search under section 43.540. The
22 Missouri state highway patrol shall notify the state board
23 of registration for the healing arts of any criminal history
24 record information or lack of criminal history record
25 information discovered on the individual. Notwithstanding
HCS SS SCS SB 71 93
26 the provisions of section 610.120 to the contrary, all
27 records related to any criminal history information
28 discovered shall be accessible and available to the state
29 board of registration for the healing arts.
1 374.711. 1. The department of commerce and insurance
2 may require that fingerprint submissions be made as part of
3 an application seeking a license, or renewal of a license,
4 for a general bail bond agent, a bail bond agent, or a
5 surety recovery agent, as such terms are defined in section
6 374.700.
7 2. If the department of commerce and insurance
8 requires that fingerprint submissions be made as part of
9 such application, the department of commerce and insurance
10 shall require applicants to submit the fingerprints to the
11 Missouri state highway patrol for the purpose of conducting
12 a state and federal fingerprint-based criminal history
13 background check.
14 3. The fingerprints and any required fees shall be
15 sent to the Missouri state highway patrol's central
16 repository. The fingerprints shall be used for searching
17 the state criminal records repository and shall also be
18 forwarded to the Federal Bureau of Investigation for a
19 federal criminal records search under section 43.540. The
20 Missouri state highway patrol shall notify the department of
21 any criminal history record information or lack of criminal
22 history record information discovered on the individual.
23 Notwithstanding the provisions of section 610.120 to the
24 contrary, all records related to any criminal history
25 information discovered shall be accessible and available to
26 the department.
1 436.225. 1. The director of the division of
2 professional registration may require that fingerprint
HCS SS SCS SB 71 94
3 submissions be made as part of an application seeking
4 licensure as an athlete agent.
5 2. If the director of the division of professional
6 registration requires that fingerprint submissions be made
7 as part of such application, the director of the division of
8 professional registration shall require applicants to submit
9 the fingerprints to the Missouri state highway patrol for
10 the purpose of conducting a state and federal fingerprint-
11 based criminal history background check.
12 3. The fingerprints and any required fees shall be
13 sent to the Missouri state highway patrol's central
14 repository. The fingerprints shall be used for searching
15 the state criminal records repository and shall also be
16 forwarded to the Federal Bureau of Investigation for a
17 federal criminal records search under section 43.540. The
18 Missouri state highway patrol shall notify the director of
19 the division of professional registration of any criminal
20 history record information or lack of criminal history
21 record information discovered on the individual.
22 Notwithstanding the provisions of section 610.120 to the
23 contrary, all records related to any criminal history
24 information discovered shall be accessible and available to
25 the director of the division of professional registration.
26 4. For purposes of this section, the term "athlete
27 agent" means an individual who:
28 (1) Recruits or solicits a student athlete to enter
29 into an agency contract or, for compensation, procures
30 employment or offers, promises, attempts, or negotiates to
31 obtain employment for a student athlete as a professional
32 athlete or member of a professional sports team or
33 organization;
HCS SS SCS SB 71 95
34 (2) For compensation or in anticipation of
35 compensation related to a student athlete's participation in
36 athletics:
37 (a) Serves the student athlete in an advisory capacity
38 on a matter related to finances, business pursuits, or
39 career management decisions, unless the individual is an
40 employee of an educational institution acting exclusively as
41 an employee of the educational institution for the benefit
42 of the educational institution; or
43 (b) Manages the business affairs of the student
44 athlete by providing assistance with bills, payments,
45 contracts, or taxes; or
46 (3) In anticipation of representing a student athlete
47 for a purpose related to the student athlete's participation
48 in athletics:
49 (a) Gives consideration to the student athlete or
50 another person;
51 (b) Serves the student athlete in an advisory capacity
52 on a matter related to finances, business pursuits, or
53 career management decisions; or
54 (c) Manages the business affairs of the student
55 athlete by providing assistance with bills, payments,
56 contracts, or taxes.
1 443.702. 1. The division of finance may require that
2 fingerprint submissions be made as part of an application
3 seeking licensure to act as a residential mortgage loan
4 broker or a mortgage loan originator.
5 2. If the division of finance requires that
6 fingerprint submissions be made as part of such application,
7 the division of finance shall require applicants to submit
8 the fingerprints to the Missouri state highway patrol for
HCS SS SCS SB 71 96
9 the purpose of conducting a state and federal fingerprint-
10 based criminal history background check.
11 3. The fingerprints and any required fees shall be
12 sent to the Missouri state highway patrol's central
13 repository. The fingerprints shall be used for searching
14 the state criminal records repository and shall also be
15 forwarded to the Federal Bureau of Investigation for a
16 federal criminal records search under section 43.540. The
17 Missouri state highway patrol shall notify the division of
18 finance of any criminal history record information or lack
19 of criminal history record information discovered on the
20 individual. Notwithstanding the provisions of section
21 610.120 to the contrary, all records related to any criminal
22 history information discovered shall be accessible and
23 available to the division of finance.
24 4. For purposes of this section, the following terms
25 mean:
26 (1) "Mortgage loan originator", an individual who for
27 compensation or gain or in the expectation of compensation
28 or gain takes a residential mortgage loan application, or
29 offers or negotiates terms of a residential mortgage loan.
30 Mortgage loan originator does not include:
31 (a) An individual engaged solely as a loan processor
32 or underwriter except as otherwise provided in sections
33 443.701 to 443.893;
34 (b) An individual that only performs real estate
35 brokerage activities and is licensed or registered in
36 accordance with the law of this state, unless the person is
37 compensated by a lender, a mortgage broker, or other
38 mortgage loan originator or by any agent of such lender,
39 mortgage broker, or other mortgage loan originator;
HCS SS SCS SB 71 97
40 (c) An individual solely involved in extensions of
41 credit relating to time-share plans, as the term time-share
42 plans is defined in 11 U.S.C. Section 101(53D);
43 (d) An individual who is servicing a mortgage loan; or
44 (e) An individual employed by a licensed mortgage
45 broker or loan originator who accepts or receives
46 residential mortgage loan applications;
47 (2) "Residential mortgage loan broker", an individual,
48 other than an exempt individual, engaged in the business of
49 brokering, funding, servicing, or purchasing residential
50 mortgage loans.
1 476.802. 1. The office of state courts administrator
2 may require that fingerprint submissions be made as part of
3 the application of certification as a qualified interpreter,
4 pursuant to section 476.800.
5 2. If the office of state courts administrator
6 requires that fingerprint submissions be made as part of
7 such application, the office of state courts administrator
8 shall submit fingerprints to the Missouri state highway
9 patrol for the purpose of conducting a state and federal
10 fingerprint-based criminal history background check on
11 applicants.
12 3. The fingerprints and any required fees shall be
13 sent to the Missouri state highway patrol's central
14 repository. The fingerprints shall be used for searching
15 the state criminal records repository and shall also be
16 forwarded to the Federal Bureau of Investigation for a
17 federal criminal records search under section 43.540. The
18 Missouri state highway patrol shall notify the office of
19 state courts administrator of any criminal history record
20 information or lack of criminal history record information
21 discovered on the individual. Notwithstanding the
HCS SS SCS SB 71 98
22 provisions of section 610.120 to the contrary, all records
23 related to any criminal history information discovered shall
24 be accessible and available to the office of state courts
25 administrator of Missouri.
1 484.125. 1. The Missouri supreme court may require
2 that fingerprint submissions be made as part of an
3 application of licensure for admission or reinstatement to
4 the Missouri Bar in order to engage in the practice of law
5 or law business, as such terms are defined in section
6 484.010.
7 2. If the Missouri supreme court requires that
8 fingerprint submissions be made as part of such application,
9 the Missouri supreme court shall submit the fingerprints to
10 the Missouri state highway patrol for the purpose of
11 conducting a state and federal fingerprint-based criminal
12 history background check.
13 3. The fingerprints and any required fees shall be
14 sent to the Missouri state highway patrol's central
15 repository. The fingerprints shall be used for searching
16 the state criminal records repository and shall also be
17 forwarded to the Federal Bureau of Investigation for a
18 federal criminal records search under section 43.540. The
19 Missouri state highway patrol shall notify the Missouri
20 supreme court of any criminal history record information or
21 lack of criminal history record information discovered on
22 the individual. Notwithstanding the provisions of section
23 610.120 to the contrary, all records related to any criminal
24 history information discovered shall be accessible and
25 available to the Missouri supreme court.
1 569.170. 1. A person commits the offense of burglary
2 in the second degree when he or she knowingly:
HCS SS SCS SB 71 99
3 (1) Enters unlawfully or knowingly remains unlawfully
4 in a building or inhabitable structure for the purpose of
5 committing a crime therein; or
6 (2) Enters unlawfully into a motor vehicle or any part
7 of a motor vehicle with the intent to commit any felony or
8 the offense of stealing. As used in this subdivision,
9 "enters" means a person intrudes with:
10 (a) Any part of the body; or
11 (b) Any physical object connected with the body;
12 (3) Enters a restricted area of a commercial business
13 for the purpose of committing a crime and the restricted
14 area is:
15 (a) Commonly reserved for personnel of the commercial
16 business where money or other property is kept; or
17 (b) Clearly marked with a sign or signs that indicate
18 to the public that entry is forbidden.
19 2. (1) Except as provided in subdivision (2) of this
20 subsection, the offense of burglary in the second degree is
21 a class D felony.
22 (2) The offense of burglary in the second degree under:
23 (a) Subdivision (2) of subsection 1 of this section is
24 a class C felony if the person was in possession of a
25 firearm or stole a firearm from the motor vehicle; or
26 (b) Subdivision (3) of subsection 1 of this section is
27 a class B misdemeanor unless committed as a second or
28 subsequent violation of subdivision (3) of subsection 1 of
29 this section, in which case it is a class A misdemeanor.
1 569.175. 1. A person commits the offense of
2 unlawfully gaining entry into motor vehicles if the person
3 lifts the door handles or otherwise tries the doors and
4 locks of successive motor vehicles to gain entry into the
5 motor vehicles for the purpose of committing the offense of
HCS SS SCS SB 71 100
6 stealing unless the person is the owner of the motor
7 vehicles or has the owners' permission to enter the motor
8 vehicles. For purposes of this section, "successive" means
9 lifting the door handles or otherwise trying the doors and
10 locks of one vehicle after another.
11 2. The offense of unlawfully gaining entry into motor
12 vehicles is a class A misdemeanor.
1 590.060. 1. The POST commission shall establish
2 minimum standards for training instructors and training
3 centers, and the director shall establish minimum
4 qualifications for admittance into a basic training course.
5 2. The director shall license training instructors,
6 centers, and curricula, and may probate, suspend and revoke
7 such licenses upon written notice stating the reasons for
8 such action. Any person aggrieved by a decision pursuant to
9 this subsection may appeal as provided in chapter 536.
10 3. [Each person seeking entrance into a basic training
11 program shall submit a fingerprint card and authorization
12 for a criminal history background check to include the
13 records of the Federal Bureau of Investigation to the
14 training center where such person is seeking entrance. The
15 training center shall cause a criminal history background
16 check to be made and shall cause the resulting report to be
17 forwarded to the director. The person seeking entrance may
18 be charged a fee for the cost of this procedure.] Each
19 person seeking entrance into a basic training program shall
20 submit fingerprints for the purpose of conducting a state
21 and federal fingerprint-based background check.
22 Fingerprints and any required fees shall be sent to the
23 Missouri state highway patrol's central repository. The
24 fingerprints shall be used for searching the state criminal
25 records repository and shall also be forwarded to the
HCS SS SCS SB 71 101
26 Federal Bureau of Investigation for a federal criminal
27 records search under section 43.540. The Missouri state
28 highway patrol shall notify the director of any criminal
29 history record information or lack of criminal history
30 record information discovered on the individual.
31 Notwithstanding the provisions of section 610.120 to the
32 contrary, all records related to any criminal history
33 information discovered shall be accessible and available to
34 the director.
1 640.011. 1. The department of natural resources may
2 require that fingerprint submissions be made as part of an
3 application seeking employment or to volunteer with the
4 department of natural resources.
5 2. If the department of natural resources requires
6 that fingerprint submissions be made as part of such
7 application, the department of natural resources shall
8 require applicants to submit the fingerprints to the
9 Missouri state highway patrol for the purpose of conducting
10 a state and federal fingerprint-based criminal history
11 background check.
12 3. The fingerprints and any required fees shall be
13 sent to the Missouri state highway patrol's central
14 repository. The fingerprints shall be used for searching
15 the state criminal records repository and shall also be
16 forwarded to the Federal Bureau of Investigation for a
17 federal criminal records search under section 43.540. The
18 Missouri state highway patrol shall notify the department of
19 natural resources of any criminal history record information
20 or lack of criminal history record information discovered on
21 the individual. Notwithstanding the provisions of section
22 610.120 to the contrary, all records related to any criminal
HCS SS SCS SB 71 102
23 history information discovered shall be accessible and
24 available to the department of natural resources.
1 650.900. 1. There is hereby established within the
2 department of public safety office of homeland security the
3 "Missouri Task Force on Nonprofit Safety and Security". The
4 task force shall study and make recommendations on the
5 security needs of nonprofit organizations that are at
6 elevated risk of terrorist attacks in Missouri and make
7 recommendations on the following:
8 (1) The administration and funding for eligible
9 nonprofit entities to apply for federal nonprofit security
10 grants covering security personnel, security training,
11 facility hardening, and other necessary security measures;
12 and
13 (2) Outreach to and education for nonprofit entities
14 about the grant program and the federal nonprofit security
15 grant application process, with a particular focus on
16 engaging and assisting first-time grant applications.
17 2. Members of the task force shall be appointed by the
18 director of the department of public safety and shall
19 include:
20 (1) The director of the office of homeland security or
21 the director's designee;
22 (2) The superintendent of the Missouri state highway
23 patrol or the superintendent's designee;
24 (3) The executive director of the Missouri Sheriffs'
25 Association or the executive director's designee;
26 (4) The executive director of the Missouri Police
27 Chiefs Association or the executive director's designee;
28 (5) The executive director of a statewide interfaith
29 or interreligious organization or the executive director's
30 designee;
HCS SS SCS SB 71 103
31 (6) The executive director of a statewide association
32 of nonprofit organizations or the executive director's
33 designee; and
34 (7) Three representatives from nonprofit organizations
35 including faith-based groups, academia, or organizations
36 that work on countering domestic terrorism and extremism.
37 3. Members of the task force shall serve without
38 compensation but may be reimbursed for their actual and
39 necessary expenses.
40 4. The task force shall elect a chair by a majority
41 vote of its members.
42 5. The task force shall establish a time and place for
43 its meetings and shall meet at least quarterly, with
44 additional meetings held upon the call of the chair.
45 6. A majority of the total task force members shall
46 constitute a quorum and any official action taken by the
47 task force shall require an affirmative vote of a majority
48 of the members present and voting.
49 7. The task force shall issue a report to the office
50 of homeland security of its findings and recommendations
51 with respect to terrorist attacks in Missouri. The report
52 shall be issued annually and at such other times as deemed
53 necessary by the task force. The report shall also be
54 provided to the chairs and ranking members of the senate
55 committee on appropriations and the house budget committee.
1 650.910. 1. (1) There is hereby created in the state
2 treasury the "Supplemental Nonprofit Safety and Security
3 Fund", which shall consist of moneys collected under this
4 section and section 650.900. The state treasurer shall be
5 custodian of the fund. In accordance with sections 30.170
6 and 30.180, the state treasurer may approve disbursements.
7 The fund shall be a dedicated fund and, upon appropriation,
HCS SS SCS SB 71 104
8 moneys in this fund shall be used solely as provided in this
9 section and section 650.900.
10 (2) Notwithstanding the provisions of section 33.080
11 to the contrary, any moneys remaining in the fund at the end
12 of the biennium shall not revert to the credit of the
13 general revenue fund.
14 (3) The state treasurer shall invest moneys in the
15 fund in the same manner as other funds are invested. Any
16 interest and moneys earned on such investments shall be
17 credited to the fund.
18 2. The fund shall be used to defray the costs of
19 security enhancements or measures for eligible nonprofit
20 organizations described in subsection 4 of this section,
21 including:
22 (1) Safety and security planning, equipment, training,
23 and exercises;
24 (2) Security-related technology;
25 (3) Threat awareness and response training;
26 (4) Upgrades to existing structures that enhance
27 safety and security; and
28 (5) Vulnerability and threat assessments.
29 3. Nonprofit organizations whose applications for
30 funding through the Federal Emergency Management Agency's
31 nonprofit security grant program have been approved by the
32 department of public safety office of homeland security are
33 eligible for grants from the fund. No additional
34 application shall be required for grants from the fund and
35 an application for a grant from the federal program is also
36 an application for funding from the fund.
37 4. An eligible organization may receive a grant from
38 the fund of up to five percent of the available grant pool
39 for distribution. No grants under the fund shall be awarded
HCS SS SCS SB 71 105
40 until the announcement of the recipients and the amount of
41 the grants awarded under the federal nonprofit security
42 grant program.
43 5. No more than five percent of the available funds
44 available annually shall be used for administration expenses
45 associated with the fund.
46 6. The director may promulgate all necessary rules and
47 regulations for the administration of this section. Any
48 rule or portion of a rule, as that term is defined in
49 section 536.010, that is created under the authority
50 delegated in this section shall become effective only if it
51 complies with and is subject to all of the provisions of
52 chapter 536 and, if applicable, section 536.028. This
53 section and chapter 536 are nonseverable and if any of the
54 powers vested with the general assembly pursuant to chapter
55 536 to review, to delay the effective date, or to disapprove
56 and annul a rule are subsequently held unconstitutional,
57 then the grant of rulemaking authority and any rule proposed
58 or adopted after August 28, 2025, shall be invalid and void.
1 Section B. Because immediate action is necessary to
2 further equip and enhance our criminal justice system to
3 fight violent crime in Missouri and protect our citizens and
4 residents due to the recent unprecedented wave of violent
5 crime across our nation and state, the repeal and
6 reenactment of section 287.243 of this act is deemed
7 necessary for the immediate preservation of the public
8 health, welfare, peace, and safety, and is hereby declared
9 to be an emergency act within the meaning of the
10 constitution, and the repeal and reenactment of section
11 287.243 of this act shall be in full force and effect upon
12 its passage and approval.
Every fact on this page links to its source, starting with the official bill record.