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Back to SB 81
Missouri General Assembly· SB 81Signed by Governor

Modifies provisions relating to public safety, the official text

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]
                         CONFERENCE COMMITTEE SUBSTITUTE FOR

                              HOUSE COMMITTEE SUBSTITUTE FOR
                                       SENATE SUBSTITUTE FOR

                             SENATE COMMITTEE SUBSTITUTE FOR

   SENATE BILLS NOS. 81 & 174

              103RD GENERAL ASSEMBLY
                               2025

   0805S.09T

              AN ACT

   To repeal sections 43.546, 49.266, 210.482, 210.487, 253.195, 287.243, 292.606, 320.106,
                320.111, 320.116, 320.121, 320.126, 320.131, 320.141, 320.151, 320.371, 324.009,
                537.046, 568.070, and 590.060, RSMo, and to enact in lieu thereof sixty 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, 49.266, 210.482, 210.487,

2 253.195, 287.243, 292.606, 320.106, 320.111, 320.116, 320.121,

3 320.126, 320.131, 320.141, 320.151, 320.371, 324.009, 537.046,

4 568.070, and 590.060, RSMo, are repealed and sixty new sections

5 enacted in lieu thereof, to be known as sections 43.546, 49.266,

6 168.014, 190.106, 208.222, 209.324, 210.482, 210.487, 253.195,

7 287.243, 292.606, 301.551, 320.106, 320.111, 320.116, 320.121,

8 320.126, 320.127, 320.131, 320.141, 320.147, 320.151, 320.371,

9 324.009, 324.055, 324.129, 324.246, 324.488, 324.1105, 326.257,

10 330.025, 331.025, 332.015, 334.015, 334.403, 334.501, 334.701,

11 334.739, 334.805, 335.022, 335.042, 336.025, 337.018, 337.308,

12 337.501, 337.605, 337.702, 338.052, 339.015, 339.510, 345.016,

   EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
   and is intended to be omitted in the law.
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   CCS HCS SS SCS SBs 81 & 174

13 374.711, 436.225, 443.702, 476.802, 484.125, 537.046, 568.070,

14 590.060, and 640.011, to read as 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  49.266. 1. The county commission in all counties of

2 the first, second, third, or fourth classification may by

3 order or ordinance promulgate reasonable regulations

4 concerning the use of county property, the hours,

5 conditions, methods and manner of such use and the

6 regulation of pedestrian and vehicular traffic and parking

7 thereon.
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    CCS HCS SS SCS SBs 81 & 174

8   2. Violation of any regulation so adopted under

9 subsection 1 of this section is an infraction.

10  3. Upon a determination by the state fire marshal that

11 a burn ban order is appropriate for a county because:

12  (1) An actual or impending occurrence of a natural

13 disaster of major proportions within the county jeopardizes

14 the safety and welfare of the inhabitants of such county; and

15  (2) The U.S. Drought Monitor has designated the county

16 as an area of severe, extreme, or exceptional drought, the

17 county commission may adopt an order or ordinance issuing a

18 burn ban, which may carry a penalty of up to a class A

19 misdemeanor. State agencies responsible for fire management

20 or suppression activities and persons conducting

21 agricultural burning using best management practices shall

22 not be subject to the provisions of this subsection. The

23 ability of an individual, organization, or corporation to

24 sell fireworks shall not be affected by the issuance of a

25 burn ban. The county burn ban may prohibit the explosion or

26 ignition of any missile or skyrocket as the terms "missile"

27 and "skyrocket" are defined by the [2012] 2022 edition of

28 the American Fireworks Standards Laboratory (AFSL), but

29 shall not ban the explosion or ignition of any other

30 consumer fireworks as the term "consumer fireworks" is

31 defined under section 320.106.

32  4. The regulations so adopted shall be codified,

33 printed and made available for public use and adequate signs

34 concerning smoking, traffic and parking regulations shall be

35 posted.

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
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    CCS HCS SS SCS SBs 81 & 174

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   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
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    CCS HCS SS SCS SBs 81 & 174

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

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   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
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    CCS HCS SS SCS SBs 81 & 174

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
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    CCS HCS SS SCS SBs 81 & 174

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
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    CCS HCS SS SCS SBs 81 & 174

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
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    CCS HCS SS SCS SBs 81 & 174

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.] 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.
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    CCS HCS SS SCS SBs 81 & 174

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
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    CCS HCS SS SCS SBs 81 & 174

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
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    CCS HCS SS SCS SBs 81 & 174

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,
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    CCS HCS SS SCS SBs 81 & 174

89 then the grant of rulemaking authority and any rule proposed

90 or adopted after August 28, 2004, shall be invalid and void.

1   253.195. Fireworks, as defined in section [320.110]

2 320.106, of any type are prohibited within the boundaries of

3 any state park except upon the written permission granted by

4 the department of natural resources.

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;
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    CCS HCS SS SCS SBs 81 & 174

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:

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
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    CCS HCS SS SCS SBs 81 & 174

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

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
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     CCS HCS SS SCS SBs 81 & 174

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

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:
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     CCS HCS SS SCS SBs 81 & 174

121  (1) To the surviving spouse of the public safety

122 officer if there is no child who survived the public safety

123 officer;

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
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     CCS HCS SS SCS SBs 81 & 174

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

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
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     CCS HCS SS SCS SBs 81 & 174

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

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
                                                          20
     CCS HCS SS SCS SBs 81 & 174

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

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
                                                              21
        CCS HCS SS SCS SBs 81 & 174

 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
 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
                                                         22
    CCS HCS SS SCS SBs 81 & 174

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

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.
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    CCS HCS SS SCS SBs 81 & 174

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

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
                                                          24
     CCS HCS SS SCS SBs 81 & 174

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

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
                                                         25
    CCS HCS SS SCS SBs 81 & 174

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

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   320.106. As used in sections 320.106 to 320.161,

2 unless clearly indicated otherwise, the following terms mean:

3   (1) "American Pyrotechnics Association (APA), Standard

4 87-1", a voluntary standard, or subsequent standard [which]

5 that may amend or supersede this standard for manufacturers,

6 importers, and distributors of fireworks, in which fireworks

7 classifications are assigned based upon the weight and type

8 of chemical composition contained for each specific type of

9 device including, but not limited to, specific permissible

10 and restricted chemicals. Such standard shall be construed

11 to include the following APA standards:

12  (a) APA 87-1A Standard for Construction,

13 Classification, Approval, and Transportation of Consumer

14 Fireworks;

15  (b) APA 87-1B Standard for the Construction,

16 Classification, Approval, and Transportation of Display

17 Fireworks; and
                                                         26
    CCS HCS SS SCS SBs 81 & 174

18  (c) APA 87-1C Standard for the Construction,

19 Classification, Approval, and Transportation of

20 Entertainment and Technical Pyrotechnics;

21 As used in this chapter, the current editions of APA 87-1

22 are controlling. Any future editions or amendments to

23 future editions adopted related to standards contained in

24 APA 87-1 by the American Pyrotechnics Association shall only

25 be in effect upon formal review of the fire marshal's office

26 and promulgation of rules under their rulemaking authority

27 as set out in this chapter and chapter 536;

28  (2) "Annual retailer", any person engaged in the

29 business of making sales of consumer fireworks at wholesale

30 or retail within the state of Missouri during a calendar

31 year from the first day of January through the thirty-first

32 day of December;

33  (3) "Articles pyrotechnic", devices containing

34 compositions, which produce a visual and audible effect

35 primarily used in the entertainment and technical

36 training/development industries, that comply with the limits

37 and requirements of APA Standard 87-1C and that may not be

38 offered for sale to the general public;

39  (4) "Chemical composition", all pyrotechnic and

40 explosive composition formulations contained in fireworks

41 devices as defined in American Pyrotechnics Association

42 (APA), Standard 87-1;

43  [(3)] (5) "Consumer fireworks", explosive and

44 pyrotechnic devices designed for sale and use by the general

45 public that conform with requirements set forth by the

46 United States Consumer Product Safety Commission (CPSC) and

47 designed primarily to produce visible or audible effects by

48 combustion [and includes] including, but not limited to,
                                                         27
    CCS HCS SS SCS SBs 81 & 174

49 aerial devices [and], ground devices, [all of which are

50 classified as fireworks, UNO336, within 49 CFR Part 172]

51 fuses, and novelties in compliance with APA Standard 87-1A;

52  [(4)] (6) "Discharge site", the area immediately

53 surrounding the fireworks mortars used for an outdoor

54 fireworks display;

55  [(5)] (7) "Dispenser", a device designed for the

56 measurement and delivery of liquids as fuel;

57  (8) "Display before a proximate audience", the

58 discharge or use of fireworks or special effects before a

59 proximate audience or in any indoor setting, in accordance

60 with the guidelines established by NFPA 1126: Code Standard

61 for the Use of Pyrotechnics Before a Proximate Audience;

62  [(6)] (9) "Display fireworks", [explosive] devices

63 [designed primarily to produce visible or audible effects by

64 combustion, deflagration or detonation. This term includes

65 devices containing more than two grains (130 mg) of

66 explosive composition intended for public display. These

67 devices are classified as fireworks, UN0333 or UN0334 or

68 UNO335, within 49 CFR Part 172] containing chemical

69 compositions that are intended for use in professional

70 firework shows, designed to produce visible or audible

71 effects, and comply with the limits and requirements of APA

72 Standard 87-1B;

73  [(7)] (10) "Display site", the immediate area where a

74 fireworks display is conducted, including the discharge

75 site, the fallout area, and the required separation distance

76 from mortars to spectator viewing areas, but not spectator

77 viewing areas or vehicle parking areas;

78  [(8)] (11) "Distributor", any person engaged in the

79 business of selling fireworks to wholesalers, [jobbers]

80 annual retailers, seasonal retailers, other persons, or
                                                          28
     CCS HCS SS SCS SBs 81 & 174

81 governmental bodies that possess the necessary permits as

82 specified in sections 320.106 to 320.161[, including any

83 person that imports any fireworks of any kind in any manner

84 into the state of Missouri];

85   [(9)] (12) "Fireworks", any composition or device for

86 producing a visible[, audible, or both visible and] or an

87 audible effect for entertainment purposes by combustion,

88 deflagration, or detonation and that meets the definition of

89 consumer[, proximate,] fireworks, articles pyrotechnic, or

90 display fireworks as set forth [by 49 CFR Part 171 to end,

91 United States Department of Transportation hazardous

92 materials regulations] in this section;

93   [(10)] (13) "Fireworks season", the period beginning

94 on the twentieth day of June and continuing through the

95 tenth day of July of the same year and the period beginning

96 on the twentieth day of December and continuing through the

97 second day of January of the next year, which shall be the

98 only periods of time that seasonal retailers may be

99 permitted to sell consumer fireworks;

100  [(11) "Jobber", any person engaged in the business of

101 making sales of consumer fireworks at wholesale or retail

102 within the state of Missouri to nonlicensed buyers for use

103 and distribution outside the state of Missouri during a

104 calendar year from the first day of January through the

105 thirty-first day of December;]

106  (14) "Flame effect", the combustion of solids,

107 liquids, or gases using atmospheric oxygen to produce

108 thermal, physical, visual, or audible phenomena before an

109 audience;

110  (15) "Flame effect operator", the single individual

111 with overall responsibility for flame effect operations and

112 safety who has met additional requirements established by
                                                          29
     CCS HCS SS SCS SBs 81 & 174

113 promulgated rules and has successfully completed a proximate-

114 audience training course recognized and approved by the

115 state fire marshal;

116  [(12)] (16) "Licensed display operator", any person

117 who supervises, manages, or directs the discharge of outdoor

118 display fireworks or articles pyrotechnic, either by manual

119 or electrical means; who has met additional requirements

120 established by promulgated rule and has successfully

121 completed a display fireworks training course recognized and

122 approved by the state fire marshal;

123  (17) "Licensed pyrotechnic effects operator", an

124 individual who has responsibility for pyrotechnic safety and

125 who controls, initiates, or otherwise creates special

126 effects or uses fireworks or pyrotechnic material before a

127 proximate audience or in any indoor setting and who has met

128 additional requirements established by promulgated rules and

129 has successfully completed a proximate audience training

130 course recognized and approved by the state fire marshal;

131  [(13)] (18) "Manufacturer", any person engaged in the

132 making, manufacture, assembly, altering, or construction of

133 fireworks of any kind within the state of Missouri for the

134 purpose of selling or distributing;

135  [(14)] (19) "NFPA", National Fire Protection

136 Association, an international codes and standards

137 organization;

138 As used in chapter 320, the current editions of NFPA 1123,
139 NFPA 1124, and NFPA 1126 are controlling. Any future
140 editions or amendments to future editions adopted related to
141 standards contained in NFPA 1123, NFPA 1124, or NFPA 1126 by
142 the National Fire Protection Association shall only be in
143 effect upon formal review of the fire marshal's office and
                                                          30
     CCS HCS SS SCS SBs 81 & 174

144 promulgation of rules under their rulemaking authority as

145 set out in this chapter and chapter 536;

146  (20) "Outdoor fireworks display", a presentation of

147 fireworks before a public audience in accordance with the

148 guidelines established by NFPA 1123: Code for Fireworks

149 Display;

150  [(15)] (21) "Permanent structure", buildings and

151 structures with permanent foundations other than tents,

152 mobile homes, stands, and trailers;

153  [(16)] (22) "Permit", the written authority of the

154 state fire marshal issued pursuant to sections 320.106 to

155 320.161 to sell, possess, manufacture, discharge, or

156 distribute fireworks;

157  [(17)] (23) "Person", any corporation, association,

158 partnership or individual or group thereof;

159  [(18) "Proximate fireworks", a chemical mixture used

160 in the entertainment industry to produce visible or audible

161 effects by combustion, deflagration, or detonation, as

162 classified within 49 CFR Part 172 as UN0431 or UN0432;

163  (19) "Pyrotechnic operator" or "special effects

164 operator", an individual who has responsibility for

165 pyrotechnic safety and who controls, initiates, or otherwise

166 creates special effects for proximate fireworks and who has

167 met additional requirements established by promulgated rules

168 and has successfully completed a proximate fireworks

169 training course recognized and approved by the state fire

170 marshal;]

171  (24) "Proximate audience", an audience closer to

172 pyrotechnic devices than permitted by NFPA 1123: Code for

173 Fireworks Display;

174  [(20)] (25) "Sale", an exchange of articles of

175 fireworks for money, including barter, exchange, [gift] or
                                                          31
     CCS HCS SS SCS SBs 81 & 174

176 offer thereof, and each such transaction made by any person,

177 whether as a principal proprietor, salesman, agent,

178 association, copartnership or one or more individuals;

179  [(21)] (26) "Seasonal retailer", any person within the

180 state of Missouri engaged in the business of making sales of

181 consumer fireworks in Missouri only during a fireworks

182 season [as defined by subdivision (10) of this section];

183  (27) "Substantial damage", damage of any origin

184 sustained by a structure whereby the cost of restoring the

185 structure to its before-damaged condition would equal or

186 exceed fifty percent of the market value of the structure

187 before the damage occurred;

188  (28) "Substantial improvement", any repair,

189 reconstruction, rehabilitation, alteration, addition, or

190 other improvement of a building or structure, the cost of

191 which equals or exceeds fifty percent of the market value of

192 the structure before the improvement or repair is started.

193 If the structure has substantial damage, any repairs are

194 considered improvement regardless of the actual repair work

195 performed. The term shall not include either of the

196 following:

197  (a) Any project for improvement of a building required

198 to correct existing health, sanitary, or safety code

199 violations identified by the building official and that are

200 the minimum necessary to ensure safe living conditions; or

201  (b) Any alteration of a historic structure, provided

202 that the alteration will not preclude the structure's

203 continued designation as a historic structure;

204  [(22)] (29) "Wholesaler", any person engaged in the

205 business of making sales of consumer fireworks to any other

206 person engaged in the business of making sales of consumer

207 fireworks at retail within the state of Missouri.
                                                         32
    CCS HCS SS SCS SBs 81 & 174

1   320.111. 1. It is unlawful for any person to

2 manufacture, sell, offer for sale, ship or cause to be

3 shipped into or within the state of Missouri except as

4 herein provided any item of fireworks, without first having

5 secured the required applicable permit as a manufacturer,

6 distributor, wholesaler, [jobber] annual retailer, or

7 seasonal retailer from the state fire marshal and applicable

8 federal permit or license. Possession of said permit is a

9 condition precedent to manufacturing, selling or offering

10 for sale, shipping or causing to be shipped any fireworks

11 into the state of Missouri, except as herein provided. This

12 provision applies to nonresidents as well as residents of

13 the state of Missouri.

14  2. The state fire marshal has the authority and is

15 authorized and directed to issue permits for the sale of

16 fireworks. No permit shall be issued to a person under the

17 age of eighteen years. All permits except for seasonal

18 retailers shall be for the calendar year or any fraction

19 thereof and shall expire on the thirty-first day of December

20 of each year.

21  3. Permits issued must be displayed in the permit

22 holder's place of business. No permit provided for herein

23 shall be transferable nor shall a person operate under a

24 permit issued to another person or under a permit issued for

25 another location. Manufacturer, wholesaler, [jobber] annual

26 retailer, and distributor permit holders operating out of

27 multiple locations shall obtain a permit for each location.

28  4. Failure to make application for a permit by May

29 thirty-first of the calendar year may result in the fire

30 marshal's refusal to issue a [license] permit to the

31 [licensee] permittee or applicant for such calendar year.
                                                         33
    CCS HCS SS SCS SBs 81 & 174

32  5. Any false statement or declaration made on a permit

33 application may result in the state fire marshal's refusal

34 to issue such permit to the requesting person for a period

35 of time not to exceed three years.

36  6. The state fire marshal is authorized [and directed

37 to charge the following] to assess permit and licensing fees

38 for permits and licenses:

39  (1) Manufacturer, a fee of [seven hundred seventy-

40 five] one thousand dollars per calendar year;

41  (2) Distributor, a fee of [seven hundred seventy-five]

42 one thousand dollars per calendar year;

43  (3) Wholesaler, a fee of [two hundred seventy-five]

44 five hundred dollars per calendar year;

45  (4) [Jobber] Annual retailer, a fee of [five] seven

46 hundred [twenty-five] fifty dollars per calendar year per

47 sales location;

48  (5) Seasonal retailer, a fee of [fifty] one hundred

49 fifty dollars per calendar year per sales location;

50  (6) [Display] Outdoor fireworks display permit, a fee

51 of one hundred dollars per calendar year per location;

52  (7) [Proximate fireworks display permit] Display

53 before a proximate audience, a fee of one hundred dollars

54 per calendar year per location;

55  (8) [Licensed] Display operator license, a fee of one

56 hundred dollars for a three-year license;

57  (9) Pyrotechnic effects operator license, a fee of one

58 hundred dollars for a three-year license.

59  7. A holder of a manufacturer's permit shall not be

60 required to have any additional permits in order to sell to

61 distributors, wholesalers, [jobbers] annual retailers or

62 seasonal retailers, or to sell display, or [proximate

63 fireworks] articles pyrotechnic.
                                                         34
    CCS HCS SS SCS SBs 81 & 174

64  8. A holder of a distributor's permit shall not be

65 required to have any additional permits in order to sell to

66 wholesalers, [jobbers] annual retailers, seasonal retailers

67 or to sell display fireworks, or [proximate fireworks]

68 articles pyrotechnic.

69  9. A holder of [a jobber's] an annual retailer permit

70 shall not be required to have any additional permit in order

71 to sell consumer fireworks at retail during the fireworks

72 season from such [jobber's] annual retailer's permanent

73 structure.

74  10. (1) All fees collected [for permits issued]

75 pursuant to this section shall be deposited [to the credit

76 of the fire education fund created pursuant to section

77 320.094] as follows:

78  (a) Eighty percent into the fire education fund

79 created under section 320.094; and

80  (b) Twenty percent into the cigarette fire safety

81 standard and firefighter protection act fund created under

82 section 320.371.

83  (2) Any person engaged in more than one permit

84 classification shall pay one permit fee based upon the

85 permit classification yielding the highest amount of revenue.

86  11. The state fire marshal is charged with the

87 enforcement of the provisions of sections 320.106 to 320.161

88 and may call upon any state, county or city peace officer

89 for assistance in the enforcement of the provisions of

90 sections 320.106 to 320.161. The state fire marshal may

91 promulgate rules pursuant to the requirements of this

92 section and chapter 536 necessary to carry out his or her

93 responsibilities under this act including rules requiring

94 training, examination, and licensing of licensed display

95 operators and pyrotechnic effects operators engaging in or
                                                          35
     CCS HCS SS SCS SBs 81 & 174

96 responsible for the handling and use of display fireworks

97 and [proximate fireworks] articles pyrotechnic. The test

98 shall incorporate the rules of the state fire marshal, which

99 shall be based upon nationally recognized standards. No

100 rule or portion of a rule promulgated pursuant to this

101 chapter shall become effective unless it has been

102 promulgated pursuant to the provisions of chapter 536.

103  12. The state fire marshal, upon notification by the

104 department of revenue, may withhold permits from applicants

105 upon evidence that all state sales taxes for the preceding

106 year or years have not been paid; except, this subsection

107 shall not apply if an applicant is pursuing any proper

108 remedy at law challenging the amount, collection, or

109 assessment of any sales tax.

110  13. A holder of a distributor, wholesaler, or

111 [jobber's] annual retailer's permit shall be required to

112 operate out of a permanent structure in compliance with all

113 applicable building and fire regulations in the city or

114 county in which said person is operating a fireworks

115 business. Seasonal retail permit locations shall be in

116 compliance with all applicable building and fire

117 regulations. The applicant may be subject to a fire safety

118 inspection by the state fire marshal based upon promulgated

119 rules and regulations adopted by the state fire marshal.

120  14. It is unlawful for any manufacturer, distributor,

121 wholesaler, or [jobber] annual retailer to sell consumer

122 fireworks to a seasonal retailer who has not acquired an

123 appropriate permit from the state fire marshal for the

124 current permit period. A seasonal retailer shall acquire

125 and present the appropriate permit from the state fire

126 marshal before any manufacturer, distributor, wholesaler or

127 [jobber] annual retailer is allowed to sell consumer
                                                          36
     CCS HCS SS SCS SBs 81 & 174

128 fireworks to such seasonal retailer, provided that such

129 seasonal retailer is purchasing the consumer fireworks for

130 resale in this state.

131  15. The state fire marshal and the marshal's deputies

132 may conduct inspections of any premises and all portions of

133 buildings where fireworks are stored, manufactured, kept or

134 being offered for sale. All persons selling, offering for

135 sale, barter, gift, exchange, or offer thereof any fireworks

136 shall cooperate fully with the state fire marshal and the

137 marshal's deputies during any such inspection. This

138 inspection shall be performed during normal business hours.

139  16. In addition to any other penalty, any person who

140 manufactures, sells, offers for sale, ships or causes to be

141 shipped into or caused to be shipped into the state of

142 Missouri, for use in Missouri, any items of fireworks

143 without first having the required applicable permit shall be

144 assessed a civil penalty of up to a one thousand dollar fine

145 for each day of operation up to a maximum of ten thousand

146 dollars.

1    320.116. 1. The state fire marshal may revoke any

2 permit or license issued pursuant to sections 320.106 to

3 320.161 upon evidence that the holder has willfully violated

4 any of the provisions of sections 320.106 to 320.161. If a

5 holder of a permit has multiple permitted locations, any

6 suspension or revocation shall only apply to the permitted

7 location where the violation resulting in suspension or

8 revocation occurred.

9    2. The state fire marshal may revoke or suspend any

10 permit issued under sections 320.106 to 320.161 upon

11 evidence that the influence of alcohol or any illicit

12 controlled substance is taking place by any permit holder,
                                                         37
    CCS HCS SS SCS SBs 81 & 174

13 employee, or representative within the permitted annual or

14 seasonal retail sales location during normal business hours.

15  3. The state fire marshal may refuse to issue a

16 license or permit to any applicant when the permit or

17 license of the individual, corporation, or partner is under

18 suspension or revocation. The state fire marshal may refuse

19 to issue a license or permit to a person who is a partner,

20 shareholder, manager, officer, spouse, or relative of the

21 applicant or a party to the applicant.

22  4. The state fire marshal, in his or her discretion,

23 may refuse to issue a permit, for a period not to exceed

24 three years, to a person whose permit has been revoked for

25 the possession or sale of illegal fireworks, as referred to

26 in section 320.136.

27  [3.] 5. The state fire marshal, the marshal's

28 deputies, the marshal's designees or any authorized police

29 or peace officer shall seize as contraband any illegal

30 fireworks as defined pursuant to sections 320.106 to

31 320.161. Such illegal fireworks seized in the enforcement

32 of sections 320.106 to 320.161 shall be held in custody of

33 the state fire marshal in proper storage facilities. The

34 person surrendering the fireworks may bring an in rem

35 proceeding in the circuit court of the county where the

36 fireworks were seized. Upon hearing, the circuit court may

37 authorize the return of all or part of the confiscated

38 fireworks or the court may authorize and direct that such

39 contraband fireworks be destroyed. If a proceeding is not

40 brought within thirty days, the fireworks shall be destroyed

41 by the state fire marshal. The state fire marshal shall

42 seize, take, remove or cause to be removed, at the expense

43 of the owner, all stocks of fireworks offered or exposed for

44 sale, stored or held in violation of the provisions of
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45 sections 320.106 to 320.161. All costs, including any

46 expenses incurred with the seizure, shall be the

47 responsibility of the adjudicated party if case disposition

48 is in the favor of the state fire marshal.

49  [4.] 6. Any person aggrieved by any official action of

50 the state fire marshal affecting their permit status

51 including revocation, suspension, failure to renew a permit,

52 or refusal to grant a permit may seek a determination

53 thereon by the administrative hearing commission pursuant to

54 the provisions of section 621.045.

1   320.121. 1. The provisions of sections 320.106 to

2 320.161 shall not be construed to abrogate or in any way

3 affect the powers of the following political subdivisions to

4 regulate or prohibit fireworks within its corporate limits:

5   (1) Any city, town, or village in this state; or

6   (2) Any county operating under a charter form of

7 government.

8   2. It is unlawful for any manufacturer, distributor,

9 wholesaler, [jobber] annual retailer, or seasonal retailer

10 to sell or ship by common carrier fireworks to consumers

11 within the corporate limits of the following political

12 subdivisions which prohibit the sale or possession of

13 fireworks:

14  (1) Any city, town, or village in this state; or

15  (2) Any county operating under a charter form of

16 government.

1   320.126. 1. Any person, entity, partnership,

2 corporation, or association transporting display fireworks

3 or [proximate fireworks] articles pyrotechnic or display

4 fireworks and [proximate fireworks] articles pyrotechnic

5 into the state of Missouri for the purpose of resale [or to

6 conduct a display] shall be permitted by the state fire
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    CCS HCS SS SCS SBs 81 & 174

7 marshal as a distributor or manufacturer and have obtained

8 any applicable federal license or permit.

9   2. [Sale of display or proximate fireworks shall be

10 limited to a holder of a federal license or permit and a

11 distributor or manufacturer permit issued by the state fire

12 marshal] Only holders of a state-issued manufacturer or

13 distributor permit shall be allowed to sell display

14 fireworks and articles pyrotechnic within the state of

15 Missouri. A permitted manufacturer or distributor may sell

16 display fireworks and articles pyrotechnic only to those

17 persons who maintain either a state-issued manufacturer or

18 distributor permit or a valid state-issued display operator

19 license or pyrotechnic effect operator license. For the

20 sale of display fireworks, proof of any required federal

21 license or permit shall be required prior to finalizing any

22 sale or transfer.

23  3. Possession of display [or proximate fireworks for

24 resale to holders of a permit for display or proximate]

25 fireworks or articles pyrotechnic shall be confined to

26 holders of a state manufacturer or distributor permit [and

27 applicable federal license or permit] or holders of either a

28 valid state-issued display operator license or pyrotechnic

29 effect operator license. For possession of display

30 fireworks, proof of any required federal license or permit

31 shall be maintained by the possessor.

32  4. [Permits for display or proximate fireworks may be

33 granted to municipalities, fair associations, amusement

34 parks, organizations, persons, firms or corporations. Such

35 permits may be granted upon application and approval by the

36 state fire marshal or local fire service authorities of the

37 community where the display is proposed to be held. All

38 applications submitted for display or proximate fireworks
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39 permits must be submitted to the office of the state fire

40 marshal a minimum of ten working days prior to the date of

41 the event. The application shall be made on a form provided

42 or approved by the state fire marshal. Every such display

43 shall be supervised, managed, or directed by a Missouri

44 licensed operator, or pyrotechnic operator on site pursuant

45 to subdivisions (11) and (18) of section 320.106 and shall

46 be located, discharged, or fired so as in the opinion of the

47 permitting authority, after proper inspection based on the

48 most current edition of the National Fire Protection

49 Association standards, NFPA 1123, 1124, and 1126, to not be

50 hazardous to any person or property. After a permit has

51 been granted, the sale, possession, use and distribution of

52 fireworks for such display shall be lawful for that purpose

53 only. A copy of all permits issued for display or proximate

54 fireworks shall be forwarded by the permit holder to the

55 state fire marshal's office. No permit granted hereunder

56 shall be transferable and shall apply to only one location.

57 No holder of a manufacturer or distributor permit shall

58 sell, barter, or transfer display or proximate fireworks to

59 anyone not possessing an applicable permit or license.

60  5. Possession of display or proximate fireworks shall

61 be limited to a holder of a display or proximate fireworks

62 permit issued by the authority having jurisdiction where the

63 display or proximate fireworks is proposed to be held or the

64 state fire marshal or holder of a state manufacturer or

65 distributor permit and applicable federal license or permit.

66  6. Before issuing any permit for a display or

67 proximate fireworks, the municipality, fair association,

68 amusement park, organization, firm, persons, or corporation

69 making application therefor shall furnish proof of financial

70 responsibility in an amount established by promulgated rule
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71 to the permitting authority in order to satisfy claims for

72 damages to property or personal injuries arising out of any

73 act or omission on the part of such person, firm or

74 corporation or any agent or employee thereof.

75  7. Any establishment where proximate fireworks are to

76 be discharged shall be inspected by the state fire marshal

77 or local fire department having jurisdiction for compliance

78 with NFPA 101 Life Safety Code or equivalent nationally

79 recognized code in relation to means of egress, occupancy

80 load, and automatic sprinkler and fire alarm systems. All

81 permits issued will be forwarded to the state fire marshal

82 by the permit holder. Permits will be issued in the same

83 manner as those required in this section] This section shall

84 not be construed to prohibit a holder of a manufacturer or

85 distributor permit from transporting or selling display

86 fireworks or articles pyrotechnic to persons who are not

87 residents of this state.

1   320.127. 1. Permits for outdoor fireworks displays or

2 displays before a proximate audience may be granted to

3 municipalities, fair associations, amusement parks,

4 organizations, persons, firms, or corporations. Such

5 permits may be granted upon application and approval by the

6 state fire marshal or local fire service authorities of the

7 community where the outdoor fireworks display or the display

8 before a proximate audience is proposed to be held. All

9 applications submitted to the state fire marshal for an

10 outdoor fireworks display permit or a display before a

11 proximate audience permit shall be submitted to the office

12 of the state fire marshal a minimum of ten working days

13 prior to the date of the event. The application shall be

14 made on a form provided or approved by the state fire

15 marshal. Every such outdoor fireworks display or display
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16 before a proximate audience shall be supervised, managed, or

17 directed by a Missouri licensed display operator, or

18 pyrotechnic effects operator on site and shall be located,

19 discharged, or fired so as in the opinion of the permitting

20 authority, after proper inspection based on the National

21 Fire Protection Association standards, NFPA 1123, 1124, and

22 1126, to not be hazardous to any person or property. A copy

23 of all permits issued for outdoor fireworks displays or

24 displays before a proximate audience issued by a local fire

25 service authority shall be forwarded by the permit holder to

26 the state fire marshal's office upon request. No permit

27 granted hereunder shall be transferable and each permit

28 shall apply to only one location.

29  2. Before issuing any permit for outdoor fireworks

30 display or a display before a proximate audience, the

31 municipality, fair association, amusement park,

32 organization, firm, persons, or corporation making

33 application therefore shall furnish proof of financial

34 responsibility in an amount established by promulgated rule

35 to the permitting authority in order to satisfy claims for

36 damages to property or personal injuries arising out of any

37 act or omission on the part of such person, firm, or

38 corporation or any agent or employee thereof.

39  3. Any establishment, venue, or shoot site where an

40 outdoor fireworks display or a display before a proximate

41 audience is to take place shall be inspected by the state

42 fire marshal or local fire department having jurisdiction

43 for compliance with NFPA 1123 Code for Fireworks Display,

44 NFPA 1126 Code for the Use of Pyrotechnics Before a

45 Proximate Audience, and NFPA 101 Life Safety Code or

46 equivalent nationally recognized code in relation to means

47 of egress, occupancy load, and automatic sprinkler and fire
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    CCS HCS SS SCS SBs 81 & 174

48 alarm systems. All permits issued shall be forwarded to the

49 state fire marshal by the permit holder, upon the state fire

50 marshal's request. Permits shall be issued in the same

51 manner as those required in this section.

52  4. Notwithstanding any provisions of this section to

53 the contrary, a holder of a valid state-issued display

54 operator license conducting a private outdoor firework

55 display for a non-commercial purpose shall not be subject to

56 the permitting requirements in subsections 1 through 3 of

57 this section; provided, however, that all such non-

58 commercial, private outdoor firework displays shall be

59 conducted in compliance with NFPA 1123 and any ordinance,

60 rule, or regulation promulgated by the local authority

61 having jurisdiction over the location where the private

62 outdoor firework display will be held. The state fire

63 marshal may, through its rule making authority set out in

64 chapters 320 and 536, establish a reasonable notice-only

65 rule requiring the licensed display operator to notify the

66 local authority having jurisdiction over such matters at

67 least five calendar days prior to the private outdoor

68 firework display event described in this subsection. For

69 the purposes of this section, "non-commercial purpose" shall

70 mean not connected with or engaged in for a commercial

71 purpose or in exchange for any monetary consideration.

1   320.131. 1. It is unlawful for any person to possess,

2 sell or use within the state of Missouri, or ship into the

3 state of Missouri, except as provided in section 320.126,

4 any pyrotechnics commonly known as "fireworks" and defined

5 as consumer fireworks in [subdivision (3) of] section

6 320.106 [other than items now or hereafter classified as

7 fireworks UNO336, 1.4G by the United States Department of

8 Transportation] that comply with the construction, chemical
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    CCS HCS SS SCS SBs 81 & 174

9 composition, labeling and other regulations relative to

10 consumer fireworks regulations promulgated by the United

11 States Consumer Product Safety Commission and permitted for

12 use by the general public pursuant to such commission's

13 regulations.

14  2. No wholesaler, [jobber] annual retailer, or

15 seasonal retailer, or any other person shall sell, offer for

16 sale, store, display, or have in their possession any

17 consumer fireworks [that have not been approved as fireworks

18 UNO336, 1.4G by the United States Department of

19 Transportation] that do not comply with the construction,

20 chemical composition, labeling, and other regulations

21 relative to consumer fireworks regulations promulgated by

22 the United States Consumer Product Safety Commission and

23 permitted for use by the general public pursuant to such

24 commission's regulations.

25  3. [No jobber, wholesaler, manufacturer, or

26 distributor shall sell to seasonal retailer dealers, or any

27 other person, in this state for the purpose of resale, or

28 use, in this state, any consumer fireworks which do not have

29 the numbers and letter "1.4G" printed within an orange,

30 diamond-shaped label printed on or attached to the fireworks

31 shipping carton.

32  4.] This section does not prohibit a manufacturer,

33 distributor or any other person possessing the proper

34 permits as specified by state and federal law from storing,

35 selling, shipping or otherwise transporting display

36 fireworks or [proximate fireworks] articles pyrotechnic.

37  [5.] 4. Matches, toy pistols, toy canes, toy guns,

38 party poppers, or other devices in which paper caps

39 containing twenty-five hundredths grains or less of

40 explosive compound, provided that they are so constructed
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    CCS HCS SS SCS SBs 81 & 174

41 that the hand cannot come into contact with the cap when in

42 place for use, and toy pistol paper caps which contain less

43 than twenty-five hundredths grains of explosive mixture

44 shall be permitted for sale and use at all times and shall

45 not be regulated by the provisions of sections 320.106 to

46 320.161.

1   320.141. Permissible items of consumer fireworks

2 defined in section 320.131 may be sold at wholesale or

3 retail by holders of [a jobber's] an annual retailer permit

4 to [nonlicensed] nonpermitted buyers [from outside the state

5 of Missouri] during a calendar year from the first day of

6 January until the thirty-first day of December. Permissible

7 items of consumer fireworks defined in section 320.131 may

8 be sold at retail by holders of a seasonal retail permit

9 during the selling periods of the twentieth day of June

10 through the tenth day of July and the twentieth day of

11 December through the second day of January.

1   320.147. 1. A person selling or offering fireworks

2 for sale or barter or trade shall permit the state fire

3 marshal and the marshal's deputies to conduct inspections,

4 based on the code of state regulations, of the business

5 premises or any location where fireworks are stored, kept,

6 or sold. Such person shall cooperate with such inspection

7 or investigation. Failure to cooperate or refusal to allow

8 an inspection shall result in suspension or revocation of

9 the permittee's permit or refusal of a permit to be issued.

10 Such inspection shall be performed during normal business

11 hours.

12  2. All new construction or substantial improvements of

13 a permanent structure shall be constructed with all

14 applicable building codes or fire codes adopted by the local

15 political subdivision to whom has authority over such
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    CCS HCS SS SCS SBs 81 & 174

16 matter. All new construction or substantial improvements of

17 a permanent structure located in a jurisdiction without a

18 local building code or fire code shall submit a full set of

19 construction plans to the state fire marshal for review.

20 The state fire marshal may review such plans for compliance

21 with fire protection standards and issue recommendations.

1   320.151. 1. It is unlawful to attempt to sell or to

2 sell at retail any fireworks to children under the age of

3 fourteen years except when such child is in the presence of

4 a parent or guardian.

5   2. It is unlawful for any person under the age of

6 sixteen to sell fireworks or work in a facility where

7 fireworks are stored, sold, or offered for sale unless

8 supervised by an adult.

9   3. It is unlawful to explode or ignite consumer

10 fireworks within six hundred feet of any church, hospital,

11 mental health facility, school, or within one hundred feet

12 of any location where fireworks are stored, sold, or offered

13 for sale.

14  4. No person shall ignite or discharge any permissible

15 articles of consumer fireworks within or throw the same from

16 a motorized vehicle including watercraft or any other means

17 of transportation, except where display permit has been

18 issued for a floating vessel or floating platform, nor shall

19 any person place or throw any ignited article of fireworks

20 into or at a motorized vehicle including watercraft or any

21 other means of transportation, or at or near any person or

22 group of people.

23  5. No person shall ignite or discharge consumer

24 fireworks within three hundred feet of any permanent storage

25 of ignitable liquid, gases, gasoline pump, gasoline filling
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26 station, or any nonpermanent structure where fireworks are

27 stored, sold or offered for sale.

28  6. No items of explosive or pyrotechnic composition

29 other than [fireworks as defined by subdivisions (3), (5),

30 and (17) of section 320.106] consumer fireworks, display

31 fireworks, or articles pyrotechnic shall be displayed, sold,

32 or offered for sale within the applicable permit location as

33 identified on such permit granted by the state fire marshal.

34  7. [Proximate fireworks shall not be allowed to be

35 stored with consumer fireworks.

36  8.] All storage and transportation of fireworks shall

37 be in accordance with all federal and state rules and

38 regulations.

39  [9.] 8. Nothing in sections 320.106 to 320.161 shall

40 be construed to prevent permittees from demonstrating or

41 testing fireworks. Any such demonstration or test shall

42 require the notification and approval of the local fire

43 service or the state fire marshal.

1   320.371. 1. There is hereby created in the state

2 treasury the "Cigarette Fire Safety Standard and Firefighter

3 Protection Act Fund" which shall consist of moneys collected

4 under sections 320.106 to 320.161 and sections 320.350 to

5 320.374. The fund shall be administered by the state fire

6 marshal. Upon appropriation, moneys in the fund shall be

7 made available to the state fire marshal to support fire

8 safety and prevention programs.

9   2. Notwithstanding the provisions of section 33.080 to

10 the contrary, any moneys remaining in the fund at the end of

11 the biennium shall not revert to the credit of the general

12 revenue fund.

13  3. The state treasurer shall invest moneys in the fund

14 in the same manner as other funds are invested. Any
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15 interest and moneys earned on such investments shall be

16 credited to the fund.

1   324.009. 1. For purposes of this section, the

2 following terms mean:

3   (1) "License", a license, certificate, registration,

4 permit, accreditation, or military occupational speciality

5 that enables a person to legally practice an occupation or

6 profession in a particular jurisdiction;

7   (2) "Military", the Armed Forces of the United States

8 including the Air Force, Army, Coast Guard, Marine Corps,

9 Navy, Space Force, National Guard and any other military

10 branch that is designated by Congress as part of the Armed

11 Forces of the United States, and all reserve components and

12 auxiliaries. Such term also includes the military reserves

13 and militia of any United States territory or state;

14  (3) "Missouri law enforcement officer", any person

15 employed by or otherwise serving in a position for the state

16 or a local governmental entity as a police officer, peace

17 officer certified under chapter 590, auxiliary police

18 officer, sheriff, sheriff's deputy, member of the patrol as

19 that term is defined in section 43.010, or in some like

20 position involving the enforcement of the law and protection

21 of the public interest at the risk of that person's life and

22 who is a permanent resident of the state of Missouri or who

23 is domiciled in the state of Missouri;

24  (4) "Nonresident military or law enforcement

25 spouse"[,]:

26  (a) A nonresident spouse of an active duty member of

27 the Armed Forces of the United States who has been

28 transferred or is scheduled to be transferred to the state

29 of Missouri, or who has been transferred or is scheduled to

30 be transferred to an adjacent state and is or will be
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31 domiciled in the state of Missouri, or has moved to the

32 state of Missouri on a permanent change-of-station basis; or

33  (b) A nonresident spouse of a person residing outside

34 the state who has accepted an offer of employment from the

35 state or a local governmental entity in the state and who

36 will become a Missouri law enforcement officer upon the

37 commencement of such employment;

38  [(4)] (5) "Oversight body", any board, department,

39 agency, or office of a jurisdiction that issues licenses;

40  [(5)] (6) "Resident military or law enforcement

41 spouse", a spouse of an active duty member of the Armed

42 Forces of the United States who has been transferred or is

43 scheduled to be transferred to the state of Missouri or an

44 adjacent state and who is a permanent resident of the state

45 of Missouri, who is domiciled in the state of Missouri, or

46 who has Missouri as his or her home of record or a spouse of

47 a Missouri law enforcement officer.

48  2. Any person who holds a valid current license issued

49 by another state, a branch or unit of the military, a

50 territory of the United States, or the District of Columbia,

51 and who has been licensed for at least one year in such

52 other jurisdiction, may submit an application for a license

53 in Missouri in the same occupation or profession, and at the

54 same practice level, for which he or she holds the current

55 license, along with proof of current licensure and proof of

56 licensure for at least one year in the other jurisdiction,

57 to the relevant oversight body in this state.

58  3. The oversight body in this state shall:

59  (1) Within six months of receiving an application

60 described in subsection 2 of this section, waive any

61 examination, educational, or experience requirements for

62 licensure in this state for the applicant if it determines
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63 that there were minimum education requirements and, if

64 applicable, work experience and clinical supervision

65 requirements in effect and the other state verifies that the

66 person met those requirements in order to be licensed or

67 certified in that state. An oversight body that administers

68 an examination on laws of this state as part of its

69 licensing application requirement may require an applicant

70 to take and pass an examination specific to the laws of this

71 state; or

72  (2) Within thirty days of receiving an application

73 described in subsection 2 of this section from a nonresident

74 military or law enforcement spouse or a resident military or

75 law enforcement spouse, waive any examination, educational,

76 or experience requirements for licensure in this state for

77 the applicant and issue such applicant a license under this

78 section if such applicant otherwise meets the requirements

79 of this section.

80  4. (1) The oversight body shall not waive any

81 examination, educational, or experience requirements for any

82 applicant who has had his or her license revoked by an

83 oversight body outside the state; who is currently under

84 investigation, who has a complaint pending, or who is

85 currently under disciplinary action, except as provided in

86 subdivision (2) of this subsection, with an oversight body

87 outside the state; who does not hold a license in good

88 standing with an oversight body outside the state; who has a

89 criminal record that would disqualify him or her for

90 licensure in Missouri; or who does not hold a valid current

91 license in the other jurisdiction on the date the oversight

92 body receives his or her application under this section.

93  (2) If another jurisdiction has taken disciplinary

94 action against an applicant, the oversight body shall
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95 determine if the cause for the action was corrected and the

96 matter resolved. If the matter has not been resolved by

97 that jurisdiction, the oversight body may deny a license

98 until the matter is resolved.

99   5. Nothing in this section shall prohibit the

100 oversight body from denying a license to an applicant under

101 this section for any reason described in any section

102 associated with the occupation or profession for which the

103 applicant seeks a license.

104  6. Any person who is licensed under the provisions of

105 this section shall be subject to the applicable oversight

106 body's jurisdiction and all rules and regulations pertaining

107 to the practice of the licensed occupation or profession in

108 this state.

109  7. This section shall not be construed to waive any

110 requirement for an applicant to pay any fees, post any bonds

111 or surety bonds, or submit proof of insurance associated

112 with the license the applicant seeks.

113  8. This section shall not apply to business,

114 professional, or occupational licenses issued or required by

115 political subdivisions.

116  9. The provisions of this section shall not impede an

117 oversight body's authority to require an applicant to submit

118 fingerprints as part of the application process.

119  10. [The provisions of this section shall not apply to

120 an oversight body that has entered into a licensing compact

121 with another state for the regulation of practice under the

122 oversight body's jurisdiction.] The provisions of this

123 section shall not be construed to alter the authority

124 granted by, or any requirements promulgated pursuant to, any

125 interjurisdictional or interstate compacts adopted by

126 Missouri statute or any reciprocity agreements with other
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127 states in effect [on August 28, 2018], and whenever possible

128 this section shall be interpreted so as to imply no conflict

129 between it and any compact, or any reciprocity agreements

130 with other states in effect [on August 28, 2018].

131  11. Notwithstanding any other provision of law, a

132 license issued under this section shall be valid only in

133 this state and shall not make a licensee eligible to be part

134 of an interstate compact. An applicant who is licensed in

135 another state pursuant to an interstate compact shall not be

136 eligible for licensure by an oversight body under the

137 provisions of this section.

138  12. The provisions of this section shall not apply to

139 any occupation set forth in subsection 6 of section 290.257,

140 or any electrical contractor licensed under sections 324.900

141 to 324.945.

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
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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

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
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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.

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.
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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

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.
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    CCS HCS SS SCS SBs 81 & 174

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

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
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    CCS HCS SS SCS SBs 81 & 174

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 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.
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    CCS HCS SS SCS SBs 81 & 174

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

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
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    CCS HCS SS SCS SBs 81 & 174

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   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
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    CCS HCS SS SCS SBs 81 & 174

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.

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
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    CCS HCS SS SCS SBs 81 & 174

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

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
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    CCS HCS SS SCS SBs 81 & 174

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

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
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    CCS HCS SS SCS SBs 81 & 174

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

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
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    CCS HCS SS SCS SBs 81 & 174

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   334.805. 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
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   CCS HCS SS SCS SBs 81 & 174

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

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.
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    CCS HCS SS SCS SBs 81 & 174

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.

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
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    CCS HCS SS SCS SBs 81 & 174

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

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 licensed

5 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
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    CCS HCS SS SCS SBs 81 & 174

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

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.
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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

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
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    CCS HCS SS SCS SBs 81 & 174

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

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
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    CCS HCS SS SCS SBs 81 & 174

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

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-
                                                         72
    CCS HCS SS SCS SBs 81 & 174

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.

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
                                                         73
    CCS HCS SS SCS SBs 81 & 174

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

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
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    CCS HCS SS SCS SBs 81 & 174

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 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.
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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

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;
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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

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
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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;

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
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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

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 as a general bail bond agent, a bail bond agent, or a surety

5 recovery agent, as such terms are defined in section 374.700.

6   2. If the department of commerce and insurance

7 requires that fingerprint submissions be made as part of

8 such application, the department of commerce and insurance

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 department of

20 any criminal history record information or lack of criminal
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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 department.

1   436.225. 1. The director of the division of

2 professional registration may require that fingerprint

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:
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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;

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
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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

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;
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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;

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
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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

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
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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   537.046. 1. As used in this section, the following

2 terms mean:

3   (1) "Childhood sexual abuse", any act committed by the

4 defendant against the plaintiff which act occurred when the

5 plaintiff was under the age of eighteen years and which act

6 would have been a violation of section 566.030, [566.040,

7 566.050] 566.031, 566.032, 566.034, 566.060, [566.070,

8 566.080, 566.090] 566.061, 566.062, 566.064, 566.067,

9 566.068, 566.069, 566.071, 566.083, 566.086, 566.093,

10 566.095, 566.100, [566.110, or 566.120, or section] 566.101,

11 566.209, 566.210, 566.211, 568.020, or 573.200;

12  (2) "Injury" or "illness", either a physical injury or

13 illness or a psychological injury or illness. A

14 psychological injury or illness need not be accompanied by

15 physical injury or illness.

16  2. Any action to recover damages from injury or

17 illness caused by childhood sexual abuse in an action

18 brought pursuant to this section shall be commenced within

19 ten years of the plaintiff attaining the age of twenty-one

20 or within three years of the date the plaintiff discovers,

21 or reasonably should have discovered, that the injury or

22 illness was caused by childhood sexual abuse, whichever

23 later occurs.

24  3. This section shall apply to any action [commenced]

25 arising on or after August 28, [2004, including any action

26 which would have been barred by the application of the

27 statute of limitation applicable prior to that date] 2025.

28  4. Notwithstanding any other provision of law to the

29 contrary, a nondisclosure agreement by any party to a
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30 childhood sexual abuse action shall not be judicially

31 enforceable in a dispute involving childhood sexual abuse

32 allegations or claims, and shall be void.

1   568.070. 1. A person commits the offense of unlawful

2 transactions with a child if he or she:

3   (1) Being a pawnbroker, junk dealer, dealer in

4 secondhand goods, or any employee of such person, with

5 criminal negligence buys or receives any personal property

6 other than agricultural products from an unemancipated

7 minor, unless the child's custodial parent or guardian has

8 consented in writing to the transaction; or

9   (2) Knowingly permits a minor child to enter or remain

10 in a place where illegal activity in controlled substances,

11 as defined in chapter 579, is maintained or conducted; or

12  (3) With criminal negligence sells blasting caps, bulk

13 gunpowder, or explosives to a child under the age of

14 seventeen, or fireworks as defined in section [320.110]

15 320.106, to a child under the age of fourteen, unless the

16 child's custodial parent or guardian has consented in

17 writing to the transaction. Criminal negligence as to the

18 age of the child is not an element of this crime.

19  2. The offense of unlawful transactions with a child

20 is a class B 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.
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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]

19 fingerprints for the purpose of conducting a state and

20 federal fingerprint-based background check. Fingerprints

21 and any required fees shall be sent to the Missouri state

22 highway patrol's central repository. The fingerprints shall

23 be used for searching the state criminal records repository

24 and shall also be forwarded to the Federal Bureau of

25 Investigation for a federal criminal records search under

26 section 43.540. The Missouri state highway patrol shall

27 notify the director of any criminal history record

28 information or lack of criminal history record information

29 discovered on the individual. Notwithstanding the

30 provisions of section 610.120 to the contrary, all records

31 related to any criminal history information discovered shall

32 be accessible and available to 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
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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

23 history information discovered shall be accessible and

24 available to the department of natural resources.

1   Section B. Because immediate action is necessary to

2 authorize the line of duty compensation act before

3 expiration to prevent a lapse in coverage and ensure the

4 continued payment of benefits, the repeal and reenactment of

5 section 287.243 of this act is deemed necessary for the

6 immediate preservation of the public health, welfare, peace,

7 and safety, and is hereby declared to be an emergency act

8 within the meaning of the constitution, and the repeal and

9 reenactment of section 287.243 of this act shall be in full

10 force and effect upon its passage and approval.

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